SERVICE CONTRACT (Download your copy to sign and mail back: Doc format or PDF format)
This contract sets out the standard Young Hearted Old Soul (Pty) Ltd Service Agreement, which is designed to maximize the efficiency and quality of service for all its Clients, and contemplates industry-standard legal provisions. Young Hearted Old Soul (Pty) Ltd will hereafter be referred to as (“The Provider”), and the authorized Person/ Company/ Entity mentioned above. The Duly Authorized Person/ Company/ Entity/ Signatory mentioned above shall hereafter be referred to as the “Client”.
(Please enter your name in the space provided below, initial each page of this contract and fill in all the required details on the last page of this contract e.g date, city and your full signature.)
This Agreement is Between:
Young Hearted Old Soul (Pty) Ltd (“The Provider”) and (The “Client”)
Young Hearted Old Soul (Pty) Ltd is a web solutions, branding and design provider, and its services are provided to its Clients (You; Your) subject to compliance with the following terms and conditions (this Agreement).
Use of Young Hearted Old Soul (Pty) Ltd Services, indicates Your acknowledgement that You have read and understood this Agreement, and that You agree to be bound by it.
1. COMMENCEMENT, TERM AND TERMINATION
1.1. This Agreement shall commence on the date that the provision of the Services are first made available to You, and shall endure for an indefinite period thereafter, on the same terms and conditions as set out in this Agreement, until terminated by either Party giving the other Party 30 days prior written notice.
1.2. This Agreement shall be deemed to have been concluded in Johannesburg, South Africa, by Young Hearted Old Soul (Pty) Ltd acceptance of Your offer on the terms and conditions as provided in this Agreement.
1.3. By making use of the Services, You acknowledge that You have read, understood, and agree to be bound by this Agreement.
2. PAYMENT TERMS & CONDITIONS
In consideration of the services to be performed by Young Hearted Old Soul (Pty) Ltd hereunder, the following are the Payment Terms & Conditions.
2.1. Upon achievement of the various stages of development that require an additional payment to be made to Young Hearted Old Soul (Pty) Ltd, Young Hearted Old Soul (Pty) Ltd will notify the Client via email, text, chat application and/or telephonically, that such stage of development has been reached and shall deliver such deliverables that corresponds to that stage of development to the Client, together with an email notification for the amount due at such stage of development.
2.2. The Client shall make payment on such invoice within 24 hours after receipt of such email notification.
2.3. Young Hearted Old Soul (Pty) Ltd reserves the right not to continue development of said web solution, branding and design until payment is made.
2.4. Should the Client delay payment, for any reason whatsoever, then any and all Time Schedules for the website will automatically become obsolete.
- A 50% deposit is required upon commencement of the development process.
- Remainder of 50%, to be paid within 24 hours after acceptance of template/ design/ web solution.
- This payment is due, even if the Client has not yet provided Young Hearted Old Soul (Pty) Ltd the text and image content that has to be placed on the website.
- Under no circumstances, will delayed payments be accepted, due to the Client not giving Young Hearted Old Soul (Pty) Ltd the content of the website on time or due to Client using stall tactics.
- Payment Terms are Cash on Delivery.
- Any quotations are only valid for 30 days from the date stated.
2.5. Should the Client want the website to “Go-Live” prior to a hand over or on completion from Young Hearted Old Soul (Pty) Ltd or if the Client specifically would like the website to “Go-Live”, the full outstanding payment will be deemed due immediately.
2.6. Should the Client require the login details to the “Administrator” section of the website in the case of a CMS website, Young Hearted Old Soul (Pty) Ltd will not be held responsible / liable for any faults on the website as the Client will be deemed to have effectively taken over the website.
2.7. Should Young Hearted Old Soul (Pty) Ltd have completed their portion of the website design and the Client has yet to furnish content, Young Hearted Old Soul (Pty) Ltd WILL request that all outstanding monies be paid and the website will then only be completed when the Client furnishes Young Hearted Old Soul (Pty) Ltd with the respective content.
2.8. Should the Client “Sign off” on the design portion of the job via email, text, chat application or via telephone, the website will be deemed completed and all outstanding payments will immediately be due. The Client has 7 days thereafter to inform Young Hearted Old Soul (Pty) Ltd of any issues with the website, there after Young Hearted Old Soul (Pty) Ltd cannot be held responsible.
2.9. Should Young Hearted Old Soul (Pty) Ltd not be personally hosting the Clients website, then immediately before the website is uploaded on the Clients hosting service, will the website payment become due.
PLEASE NOTE: Unless you subscribe to Young Hearted Old Soul (Pty) Ltd back-up solution and security, Young Hearted Old Soul (Pty) Ltd will not be held responsible should the website be hacked in any way, shape, or form.
2.10. The parties acknowledge and agree that all expenses associated with the development process, including but not limited to payment of any licensing fees, software procurement, costs of purchasing graphics, photographs and other web content, materials, supplies, and all other elements of the website development shall be absorbed by the Client. These costs if any will be explained to the Client and should the Client not agree to such costs the respective content etc above will not be purchased.
2.11. In the event that this Agreement is terminated prior to completion of the Website Design, Young Hearted Old Soul (Pty) Ltd shall be compensated for any and all work that has been completed prior to the date of termination. If no set price is given for work completed, Young Hearted Old Soul (Pty) Ltd reserves the right to cost the work completed based on its standard hourly rate of R490 per hour, for any work completed prior to termination. This may include but not limited to the design of layouts / templates / graphics / Flash Animation / motion video and/ or anything related to the design and development of the website solution or project.
2.12. It is the Clients responsibility to pay all outstanding monies and supply all relevant website content to Young Hearted Old Soul (Pty) Ltd, within the agreed upon time-frame. It is not the responsibility of Young Hearted Old Soul (Pty) Ltd to supply content for said website unless agreed upon by the Client and Young Hearted Old Soul (Pty) Ltd. Young Hearted Old Soul (Pty) Ltd reserves the right to take further action against the Client for the failure to pay any outstanding monies for the website design within the agreed upon time-frame.
2.13. Following completion of the Website and final acceptance by the Customer and at Young Hearted Old Soul (Pty) Ltd discretion after the Website is launched; The Client shall include a credit to Young Hearted Old Soul (Pty) Ltd on all pages of the Website. The credit to Young Hearted Old Soul (Pty) Ltd shall be designed and placed in a way that has form and substance that is reasonably acceptable to the Client. The credit shall also include a hypertext link to the Young Hearted Old Soul (Pty) Ltd Website.
3. REFUND POLICY
3.1. Young Hearted Old Soul (Pty) Ltd will consider offering a partial refund based and calculated according to clause number “3.2” below, provided Your written request for termination is received within 7 days of its receipt of Your initial order placed. The onus is on You to ensure that Young Hearted Old Soul (Pty) Ltd receives Your termination request.
3.2. Any cost(s), which Young Hearted Old Soul (Pty) Ltd may have incurred directly or indirectly as a result of the initial order, are nonrefundable. Such items include without limitation domain name(s) registrations, hosting fees paid, man-hours, traffic volume, and design work.
3.3. Refunds will be made by electronic bank transfer to a legitimate bank account. If you have any questions regarding our refund policy please e-mail Your question using our e-mail form.
4. TERMS AND CONDITIONS
By using “The Provider’s” web solution, branding and design services, you agree to the following terms and conditions:
4.1. WEBSITE DESIGN TERMS
1. The “Quotations” sent out by Young Hearted Old Soul (Pty) Ltd are general quotations and do not include any specific coding customizations unless specified in the quotation. Any “Custom Development” will be specified to the Client and the Client will have the opportunity to reject the “Custom development”. Should the Client reject such quotation, no “Custom Development” will be included in the website development.
2. “Website Content” shall include all content to be included in the Website, including but not limited to textual materials, logos, photographs, sound files, databases, video files and other Website content. All “Website Content” required to be included in the Website as described in the specifications, but excluding those items that shall be the responsibility of the Client to supply.
3. Logo files & photographs shall be supplied in the following formats: GIF / JPEG / PNG / BMP, written text shall be in Microsoft Word or Notepad format, video files shall be in .AVI, .MOV, .FLV, MPEG format, and sound files shall be in Mp3 or Ogg file format.
PLEASE NOTE: NO image or text content in pdf or tiff format will be accepted.
4. The Client shall be responsible for delivering all Website Content, except for those items that Young Hearted Old Soul (Pty) Ltd has specifically agreed to create. The Client is to supply all Content (in the aforementioned formats above) as well as all Meta tags & Meta Keywords for all website pages created by Young Hearted Old Soul (Pty) Ltd. Should the Client not supply the respective information, Young Hearted Old Soul (Pty) Ltd will leave the web pages blank or put demo/holding text on the pages and will also insert “Global Keywords & Meta Tags”, but will not be held responsible should these not be suitable for the Client. Additionally, should the design portion of the website be completed, the final payment for the website will become due immediately, regardless if the Client has not yet given Young Hearted Old Soul (Pty) Ltd the website content as promised OR as requested by Young Hearted Old Soul (Pty) Ltd.
5. It is the responsibility of the Client to “proof read” ALL content supplied, Young Hearted Old Soul (Pty) Ltd does not and will not proof read any content as everybody has their own writing styles and mistakes can creep in.
6. Young Hearted Old Soul (Pty) Ltd shall use its reasonable efforts to meet the completion schedule if such schedule is agreed upon.
However, the Client acknowledges and agrees that any changes or deviations in the specifications, site plan, mockups, graphics, or any other element of the Website and Client delays in fulfilling Client’s responsibilities, including delivering Site Content and promptly reviewing and commenting on completed work, will all lead to delays in the completion schedule. Young Hearted Old Soul (Pty) Ltd will not be held liable in any way should any delays be from the Client.
PLEASE NOTE: As per item number “2.7” detailed in the Payment Terms & Conditions above, should Young Hearted Old Soul (Pty) Ltd have completed their portion of the website design and the Client has yet to furnish content, Young Hearted Old Soul (Pty) Ltd will request that all outstanding monies be paid in full and the website will be then only be completed when the Client furnishes Young Hearted Old Soul (Pty) Ltd with the respective content. Should the Client cause the above mentioned delays, then any and all Time Schedules given or quoted for the website completion, plus any discounts given, will automatically also become obsolete and the full standard rate will become applicable.
7. The Client shall have a period of 7 days following delivery of the final Website during which the Client may engage in testing of the Website. The Client shall notify Young Hearted Old Soul (Pty) Ltd no later than the 7 days following delivery of any items contained in the Website that do not conform to specifications or are not working. Specifications in this context are in relation to website functionality and not in relation to the web design or layout itself. Once the Client has approved the design, prior to the website being made active/live on the internet, all design specifications are deemed to have been met by Young Hearted Old Soul (Pty) Ltd and approved by the Client. In the event that the Client does not so notify Young Hearted Old Soul (Pty) Ltd within the 7 day period, the Client shall be deemed to have accepted the Website in all respects.
5. DOMAIN NAME REGISTRATIONS
1. You hereby confirm and warrant that You are the owner of, or are otherwise authorized or entitled to use a trade or service mark associated with any domain name(s) used or applied for and used in conjunction with the Services.
2. You warrant that Your application for, and where applicable, use, of a domain name(s), in connection with the Services, will not infringe the rights of any other person(s), whether in statute or at common law.
3. You indemnify Young Hearted Old Soul (Pty) Ltd and hold it harmless against any and all claims or losses arising out of any action brought by a third party whose rights in respect of a logo, business name or trade mark have been infringed by You.
4. If You request that Young Hearted Old Soul (Pty) Ltd registers domain name(s) for and on Your behalf, You acknowledge that:
- Young Hearted Old Soul (Pty) Ltd does not guarantee that the domain name(s) you request is/are available for registration, or that the use of such domain name(s) will not infringe any third party rights;
- Young Hearted Old Soul (Pty) Ltd is not a domain name provider, but a mere third-party agent acting on your instructions, to the extent that those instructions are possible and lawful;
- The registration of the domain name(s) and its/their future availability and use is subject to the terms and conditions of use of the domain name(s) provider;
- The registration and maintenance of the use of the domain name(s) may be subject to Alternate Dispute Resolution procedures here and internationally, and you acknowledge that Your rights in and use of the domain name(s) may be subject to the determinations of juristic Panels constituted in accordance with the terms and conditions of such procedures, and
- Any fees and associated charges incurred in the process of applying for, renewal and maintenance of registration of the domain name(s) and as well as web hosting, are non-refundable.
6. DISCONTINUANCE OF SERVICES
Young Hearted Old Soul (Pty) Ltd reserves the right to refuse or discontinue all or part of the Services at its sole discretion if You engage in any conduct or activity that Young Hearted Old Soul (Pty) Ltd in its sole discretion believes violates any of the terms and conditions in this Agreement, or is detrimental to its interests hereunder.
7. EXCLUSION OF LIABILITY
Under no circumstances shall Young Hearted Old Soul (Pty) Ltd be liable to You or any third party for any direct, indirect, special, punitive, consequential or incidental loss or damage (including without limitation damage to property, business, or goodwill, or loss of profit, revenue or anticipated savings) that result directly or indirectly from Your use of or inability to use any of the Services provided, or for third parties’ use of the Services, or Your or any third parties’ reliance on or use of information, services, or products provided together with, on or through the Services, or that result from mistakes, omissions, network interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.
1. You agree, without limitation or exception, to indemnify, defend, and hold harmless Young Hearted Old Soul (Pty) Ltd from any and all liability, penalties, losses, damages, costs, expenses, attorneys’ fees (on an attorney-and-own-Client costs scale basis), causes of action or claims caused by or otherwise resulting indirectly from Your use of the Services which causes damage, either to You, Young Hearted Old Soul (Pty) Ltd , or any other third party.
2. This indemnification extends to all issues associated with Your website development and design, including but not limited to domain name(s) selection and web site content.
3. Should you unlawfully copy or display text or image content on your website, or link to content, which is copyrighted by another company or website, Young Hearted Old Soul (Pty) Ltd will not be held liable in any shape or form for your copyright infringements.
9. CLIENT INFORMATION, FINANCIAL INFORMATION, RIGHT OF USE
1. You warrant that all information provided by You to Young Hearted Old Soul (Pty) Ltd, including without limitation all Your identification and contact information, is true and correct.
1. Pre-Contractual Negotiations: This Agreement supersedes any written, electronic, or oral communication you may have had prior to the conclusion of this Agreement with Young Hearted Old Soul (Pty) Ltd or any agent or representative thereof, and this Agreement constitutes the complete and total Agreement between the Parties.
2. Acting as Principal: Each Party warrants that, in entering into this Agreement, it acts as a principal and not as an agent for any undisclosed principal.
3. Unilateral Amendment: Young Hearted Old Soul (Pty) Ltd shall be entitled to unilaterally amend the terms of this Agreement insofar as they relate to the applicable charges from time to time.
4. No Variation: Subject to the a foregoing provision, no acceptance by You of information offered by Young Hearted Old Soul (Pty) Ltd, its agents or employees, shall constitute an agreement expanding or diluting the terms and conditions of this Agreement, unless such offer and acceptance is explicitly intended to vary this Agreement in an addendum, and is signed by an authorized representative of Young Hearted Old Soul (Pty) Ltd.
5. Indulgence: An indulgence granted by either Party shall not constitute a waiver or abandonment of any of that Party’s rights in this Agreement, and that Party shall not be precluded from exercising any right against the other Party which may have arisen in the past, or which may arise in the future.
6. Waiver: A waiver by either Party of any provision of this Agreement shall not be binding against that Party unless expressed in writing and signed by the Party giving it, and in that event such waiver will only be effective in that specific instance and for that specific purpose.
7. Assignment: You will not be entitled to cede or assign this Agreement or any part thereof without the prior written consent of Young Hearted Old Soul (Pty) Ltd, and this Agreement shall be binding on Your respective successors and assigns.
Signed on this day: _____________date) in: _____________________ (City)
Your Name: _____________________________________________ (Client)
Your Signature: ___________________________________________
Welcome to YhoSoul (Pty) Ltd!
These terms and conditions outline the rules and regulations for the use of YhoSoul (Pty) Ltd's Website.
YhoSoul (Pty) Ltd is located at:
Wroxham, Johannesburg 2056
By accessing this website we assume you accept these terms and conditions in full. Do not continue to use YhoSoul (Pty) Ltd's website if you do not accept all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We”, “Our” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of South Africa. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, YhoSoul (Pty) Ltd and/or it’s licensors own the intellectual property rights for all material on YhoSoul (Pty) Ltd All intellectual property rights are reserved. You may view and/or print pages from http://yhosoul.co.za/ for your own personal use subject to restrictions set in these terms and conditions.
You must not:
- Republish material from http://yhosoul.co.za/
- Sell, rent or sub-license material from http://yhosoul.co.za/
- Reproduce, duplicate or copy material from http://yhosoul.co.za/
Redistribute content from YhoSoul (Pty) Ltd (unless content is specifically made for redistribution).
- This Agreement shall begin on the date hereof.
- Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data ('Comments') in areas of the website. YhoSoul (Pty) Ltd does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of YhoSoul (Pty) Ltd, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws YhoSoul (Pty) Ltd shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
- YhoSoul (Pty) Ltd reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
- You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
- You hereby grant to YhoSoul (Pty) Ltd a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
- The following organizations may link to our Web site without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
- Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
- These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
- We may consider and approve in our sole discretion other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
- dot.com community sites;
- associations or other groups representing charities, including charity giving sites,
- online directory distributors;
- internet portals;
- accounting, law and consulting firms whose primary clients are businesses; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of YhoSoul (Pty) Ltd; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party's site.
Approved organizations may hyperlink to our Web site as follows:
- By use of our corporate name; or
- By use of the uniform resource locator (Web address) being linked to; or
- By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party's site.
No use of (cname)’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
Removal of links from our website
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury resulting from negligence;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.