If you would like to download a hard copy of The Web Shack’s Standard Business Terms, please download it by clicking the button below. To view our other terms click on the tabs below to navigate between them for example “Hosting & Domains” If you would like a hard copy of any of the other terms, we can gladly send these to you on request. Alternatively please contact us if you have any questions. Please note that by working with The Web Shack you are also agreeing to and accepting all the terms on this page so please contact us if you have any queries before you consider working with us.
For ease of expression, The Web Shack CC. is referred to as “The Web Shack”, the Client is referred to as “the Client” and the full extent of the services and deliverable’s to be provided by Shack and the Client are collectively referred to as “the Project”.
Project responsibility
- The Web Shack and the Client acknowledge that the success of the Project is the joint responsibility of both parties. Failure by either party to fulfill its obligations may impact the other’s ability to meet its obligations on the Project;
- The Web Shack and the Client recognise they must both use all reasonable endeavours to meet agreed deadlines;
- The Web Shack may appoint sub-contractors to assist in meeting its obligations on the Project;
- The Web Shack will agree with the Client its needs for appropriate involvement of Client personnel, reasonable working accommodation, communications and access to equipment.
Scope of project
- The scope of the Project is described in the Memorandum (“the Invoice”) of Agreement. Although elements of the scope may necessarily change over time, The Web Shack will have no obligations to proceed with any change proposed by the Client until the cost and schedule impact has been agreed. The Web Shack will develop the cost and schedule impact of proposed changes within a reasonable period of receiving instructions from the Client. If the project is reliant on Client facilities, personnel or skills, The Web Shack reserves the right to treat absences of Client facilities, personnel or skills as a proposed change in scope even if caused by circumstances beyond the Client’s control.
Confidentiality
- During the Project the Client is likely to have access to confidential information of The Web Shack, including (but not limited to) The Web Shack’s past, present and future research, development, business activities, products, services and technical knowledge. Similarly, The Web Shack is likely to have access to confidential information of the Client.
- Accordingly, each party (“the Recipient”) agrees and undertakes in favour of the other party (“the Protected Party”) that the confidential information of the Protected Party may be used by the recipient only in connection with the Project and will be kept in the strictest confidence and will not be disclosed to any third party except with the prior signed written approval of the Protected Party or pursuant to an order, directive or subpoena issued by any competent court or authority. The Client agrees that the Memorandum of Agreement (including its annexes) constitutes confidential information of The Web Shack as contemplated in this paragraph.
Intellectual property rights
- The Web Shack will retain the intellectual property rights and copyright of any work performed by its personnel, save for all such work as is paid for wholly and exclusively by the Client, and may retain such copies of outputs and deliverables as are necessary for its reference purposes. The Web Shack may re-use concepts and other outputs of the Project provided confidential information of the Client is safeguarded.
Remedies and liabilities
- The Web Shack’s objective is to work with the Client to achieve the business objectives of the Project. If, in doing so, the Client suffers damages resulting from an act or omission of a The Web Shack director or employee, The Web Shack would recognise this as its responsibility, up to but not exceeding the amount of fees received from the Client for that phase of work.
- The Client agrees that The Web Shack shall be given a reasonable opportunity to remedy any failure or shortcoming in the delivery of the services / deliverables to the Client notified to The Web Shack within six months of delivery. The Web Shack undertakes, at its expense, to use all reasonable efforts to implement such remedy as soon as reasonably possible after any such failure is reported to The Web Shack. Subject to the financial limits set forth above, the Client agrees that this provision is the exclusive remedy available to the Client in the event of any failure or shortcoming in the project.
- The Web Shack shall not be liable for any indirect or consequential loss or damage of any kind under any circumstances including negligence (whether arising under contract, common law or otherwise) including but not limited to loss of profits, loss or corruption of data, loss of operation time or loss of contracts, whether caused by its directors, employees, agents or others for whom in law it may be liable.
- The Web Shack’s liability under paragraphs 9 and 10 is in lieu of and to the exclusion of any warranty or term of any kind relating to the condition, performance, merchantability or fitness for purpose of the services or any deliverables.
Infringement and copyright
- The Web Shack will defend, at its expense, a third party claim that any service or deliverable The Web shack has provided infringes a South African copyright. In the event that any damages are finally awarded against the Client in respect of such a claim, these will be paid by The Web Shack. This indemnity will not apply if the infringement is the result of the Client modifying, misusing or providing deliverables or services to a third party or failure to use enhancements supplied by The Web Shack or information, documents, facilities or products which are supplied by the Client for the purposes of the Project. This indemnity constitutes the Client’s sole and exclusive remedy and the The Web Shack’s entire liability with respect to any deliverable or service infringing any third party rights.
Force majeure
- The Web Shack will not be liable for any delay in performing or failure to perform its obligations if such failure or delay is as a result of causes outside its reasonable control.
Quality assurance
- The Client agrees, if so requested by The Web Shack, to allow representatives of any organisation responsible for certifying standards of work access to the Client’s premises and to co-operate, so far as is reasonable, with such representatives.
Personnel
- The Web Shack believes that a planned rotation of its personnel is in the Client’s best interests, both in terms of quality and cost management. The Web Shack reserves the right to meet its responsibilities through the allocation of appropriate available skilled personnel without a guarantee that specific individuals will be assigned.
- In the event of the resignation of a The Web Shack or Client project team member who is a key resource on the Project, the respective employer will endeavour to replace that person within a reasonable time period or otherwise agree to a reallocation of resources or scope change to the Project.
- Neither party shall for the duration of the Project, and for one year thereafter, employ any person engaged by the other in connection with the Project.
Termination of agreement
- The Client may terminate or restrict The Web Shack’s services at any time in which case the Client will be liable for all work done at The Web Shack’s standard billing rates which may be higher than proposed rates contracted for the Project, since proposed rates will have included assumptions on the volume of work and levels of staffing at various stages. The Client will also be liable for any cancellation charges incurred by The Web Shack. The Web Shack may terminate its participation in the project if its fees remain unpaid for sixty (60) days or if the Client commits significant or repeated breach of agreement.
- In the event that any proposed change of scope is as a result of circumstances beyond the Client’s control and the cost implication of the change of scope is, in the opinion of the Client, material, the Client may forthwith terminate or restrict The Web Shack’s services in which event the Client will be liable for all work done at the proposed rates contracted for the project.
Payment
- The economics of The Web Shack’s proposal are based on timeous payment of invoices to balance expenditures on salaries and office costs. As a consequence, all invoices for fees and expenses will be payable monthly on presentation or as scheduled in the Memorandum of Agreement. Any sum which remains outstanding beyond ten (10) days will bear interest from the date of presentation until paid in full. This interest will be at the then current Standard Bank Prime Rate compounded monthly.
The Web Shack reserves the right to change the terms, conditions, and notices under which The Web Shack website is offered, including but not limited to the charges associated with the use of The Web Shack website.
Agreement between user and The Web Shack
The Web Shack website is comprised of various web pages operated by The Web Shack. The Web Shack website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. your use of The Web Shack website constitutes your agreement to all such terms, conditions, and notices.
Links to third party sites
The Web Shack website may contain links to other websites (“linked sites”). The linked sites are not under the control of The Web Shack and The Web Shack is not responsible for the contents of any linked site, including without limitation to any link contained in a linked site, or any changes or updates to a linked site. The Web Shack is not responsible for webcasting or any other form of transmission received from any linked site. The Web Shack is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Web Shack of the site or any association with its operators.
No unlawful or prohibited use
As a condition of your use of The Web Shack website, you warrant to The Web Shack that you will not use The Web Shack website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use The Web Shack website in any manner which could damage, disable, overburden, or impair The Web Shack website or interfere with any other party’s use and enjoyment of The Web Shack website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through The Web Shack websites.
Use of communication services
The Web Shack website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “communication services”), you agree to use the communication services only to post, send and receive messages and material that are proper and related to the particular communication service. by way of example, and not as a limitation, you agree that when using a communication service, you will not:
- Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such communication service specifically allows such messages.
- Restrict or inhibit any other user from using and enjoying the communication services.
- Violate any applicable laws or regulations.
- Violate any code of conduct or other guidelines which may be applicable for any particular communication service.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Download any file posted by another user of a communication service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all consent.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Surveys, contests, pyramid schemes or chain letters.
The Web Shack has no obligation to monitor the communication services. However, The Web Shack reserves the right to review materials posted to a communication service and to remove any materials in its sole discretion. The Web Shack reserves the right to terminate your access to any or all of the communication services at any time without notice for any reason whatsoever. The Web Shack reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The Web Shack’s sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any communication service. The Web Shack does not control or endorse the content, messages or information found in any communication service and, therefore, The Web Shack specifically disclaims any liability with regard to the communication services and any actions resulting from your participation in any communication service. Managers and hosts are not authorized The Web Shack spokespersons, and their views do not necessarily reflect those of The Web Shack. Materials uploaded to a communication service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Materials provided or posted to The Web Shack
The Web Shack does not claim ownership of the materials you provide to The Web Shack (including feedback and suggestions) or post, upload, input or submit to any The Web Shack website or its associated services (collectively “submissions”). however, by posting, uploading, inputting, providing or submitting your submission you are granting The Web Shack, its affiliated companies and necessary sublicensees permission to use your submission in connection with the operation of their internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission; and to publish your name in connection with your submission. No compensation will be paid with respect to the use of your submission, as provided herein. The Web Shack is under no obligation to post or use any submission you may provide and may remove any submission at any time in The Web Shack’s sole discretion. By posting, uploading, inputting, providing or submitting your submission you warrant and represent that you own or otherwise control all of the rights to your submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the submissions.
Liability disclaimer
The information, software, products, and services included in or available through The Web Shack website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Web Shack and/or its suppliers may make improvements and/or changes in The Web Shack website at any time. Advice received via The Web Shack website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. The Web Shack and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on The Web Shack website for any purpose. to the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. The Web Shack and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by applicable law, in no event shall The Web Shack and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of The Web Shack website, with the delay or inability to use The Web Shack website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through The Web Shack website, or otherwise arising out of the use of The Web Shack website, whether based on contract, tort, negligence, strict liability or otherwise, even if The Web Shack or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. if you are dissatisfied with any portion of The Web Shack website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using The Web Shack website service contact: accounts@shackdemos.co.za
Termination/access restriction
The Web Shack reserves the right, in its sole discretion, to terminate your access to The Web Shack website and the related services or any portion thereof at any time, without notice. General to the maximum extent permitted by law, “these terms and conditions will be governed by, and construed in all respects in accordance with the laws of South Africa, and subject to the exclusive jurisdiction of the South African courts in all disputes arising out of or relating to the use of The Web Shack website. Use of The Web Shack website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Web Shack as a result of this agreement or use of The Web Shack website. The Web Shack’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Web Shack’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of The Web Shack website or information provided to or gathered by The Web Shack with respect to such use. if any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The Web Shack with respect to The Web Shack website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The Web Shack with respect to The Web Shack website. a printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. it is the express wish to the parties that this agreement and all related documents be drawn up in English.
Trademarks
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. no association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.
The following will not be endorsed by The Web Shack:
- Adult/pornographic content, services and products.
- Illegal: firearms, ammunition, replicas, militaria, weapons and knives.
- Human parts and remains.
- Illegal drugs & paraphernalia.
- Unauthorized copies, copyright violations, plagiarised material.
- Psychic readings, palm readers, sorcery, black magic and divination’s.
- Photos without permission or knowledge.
- Offensive material.
User responsibilities
Customers are responsible for any misuse of company’s services that occurs through the customer’s account. It is the customer’s responsibility to ensure that unauthorised persons do not gain access to or misuse The Web Shack’s service. The Web Shack urges customers not to reply to unsolicited mail or “spam”, not to click on any suggested links provided in the unsolicited mail. Doing so remains the sole responsibility of the customer and The Web Shack cannot be held liable for the customer being placed on any bulk mailing lists as a result. Where the customer has authorised a minor to use any of The Web Shack’s services or access its websites, you accept that as the parent/legal guardian of that minor, you are fully responsible for: the online conduct of such minor; controlling the minor’s access to and use of any services or websites; and the consequences of any misuse by the minor, including but not limited to transactions entered into by the minor using such access. The Web Shack cannot be held liable for any business dealings you have with any third parties on the internet, including any vendors, or advertisers found on, or through, The Web Shack network. Further, The Web Shack assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable customs and exchange control laws in connection with any such transactions shall be the customers.
Reservation and non-waiver of rights
The Web Shack reserves the right to amend or alter this policy at any time, and without notice to you. The Web Shack reserves the right to take action against any individuals, companies or organizations that violate any of the prohibited activities set out herein, or engage in any illegal or unlawful activity while accessing our services, to the fullest extent of the law. The Web Shack reserves the right, at its sole discretion, to act against other types of abuse not listed in this document and to investigate or prevent illegal activities being committed over our network. The Web Shack reserves the right to monitor user and network traffic for site security purposes and prevent any unauthorised attempts to tamper with our site or cause damage to our property. The Web Shack reserves the right to suspend, revoke or cancel The Web Shack’s services to the customer/user if the safety and integrity of The Web Shack’s resources are placed at risk in continuing to provide service to the subscriber/user. The Web Shack reserves the right to remove any information or materials in whole or in part, that, in The Web Shack’s sole discretion, is deemed to be offensive, indecent, or otherwise objectionable. The Web Shack does not undertake to guarantee the security of any data passing through its networks. Although The Web Shack will provide a “best effort” service, including regular updates on computer viruses and other threats to security of data, it is the responsibility of the communicating parties to safeguard their data, and The Web Shack cannot be held liable for any loss or damage arising as result of the failure to do so.
The Web Shack is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Statement of Privacy applies to the The Web Shack website and governs data collection and usage. By using the The Web Shack website, you consent to the data practices described in this statement.
Collection of your personal information
The Web Shack collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number. The Web Shack also collects anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites. There is also information about your computer hardware and software that is automatically collected by The Web Shack. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used by The Web Shack for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the The Web Shack website. Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through The Web Shack public message boards, this information may be collected and used by others. Note: The Web Shack does not read any of your private online communications. The Web Shack encourages you to review the privacy statements of websites you choose to link to from The Web Shack so that you can understand how those websites collect, use and share your information. The Web Shack is not responsible for the privacy statements or other content on websites outside of the The Web Shack and The Web Shack family of websites.
Use of your personal information
The Web Shack collects and uses your personal information to operate the The Web Shack website and deliver the services you have requested. The Web Shack also uses your personally identifiable information to inform you of other products or services available from The Web Shack and its affiliates. The Web Shack may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered. The Web Shack does not sell, rent or lease its customer lists to third parties. The Web Shack may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, The Web Shack may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to The Web Shack, and they are required to maintain the confidentiality of your information. The Web Shack does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent. The Web Shack keeps track of the websites and pages our customers visit within The Web Shack, in order to determine what The Web Shack services are the most popular. This data is used to deliver customized content and advertising within The Web Shack to customers whose behavior indicates that they are interested in a particular subject area. The Web Shack websites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on The Web Shack or the site; (b) protect and defend the rights or property of The Web Shack; and, (c) act under exigent circumstances to protect the personal safety of users of The Web Shack, or the public.
Security of your personal information
The Web Shack secures your personal information from unauthorized access, use or disclosure. The Web Shack secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
Use of Cookies
The The Web Shack website use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize The Web Shack pages, or register with The Web Shack site or services, a cookie helps The Web Shack to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same The Web Shack website, the information you previously provided can be retrieved, so you can easily use the The Web Shack features that you customized. You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the The Web Shack services or websites you visit.
Changes to this statement
The Web Shack will occasionally update this Statement of Privacy to reflect company and customer feedback. The Web Shack encourages you to periodically review this Statement to be informed of how The Web Shack is protecting your information.
Contact information
The Web Shack welcomes your comments regarding this Statement of Privacy. If you believe that The Web Shack has not adhered to this Statement, please contact The Web Shack at info@shackdemos.co.za. We will use commercially reasonable efforts to promptly determine and remedy the problem.
Access to Information Act
As per the section 51 manual for The Web Shack cc, please take note of the introduction provided below to the Web Shack. Bear in mind as we expand on our service offering, there may be areas of each service not limited to the list below:
- Website Development & Design Services.
- Hosting Services (Shared & Dedicated Servers).
- Social Media Marketing.
- Google Adwords Campaigns.
Particulars in terms of the section 51 manual
- Contact details [section 51(1)(a)]
Physical Address: 376 Summit Road, Sandton, 2057
Telephone Number: +27 (011) 021 2992
E-mail Address: info@shackdemos.co.za
- The section 10 guide on how to use the act [section 51(1)(b)]
The guide will be available from the South African human rights commission by not later than august 2003. Please direct any queries to:
The South African human rights commission: PAIA unit the research and documentation department
Postal Address: Private bag 2700, houghton, 2041
Telephone Number: +27 (011) 484-8300
Faxline: +27 11 484-0582
Website Link: www.sahrc.org.za
E-mail Address: paia@sahrc.org.za
- Records available in terms of any other legislation [section 51(1)(d)]
Staff records:
- Employment contracts
- Pay slips
- UIF information
- Staff contact details
- Performance records
- Staff CVs
Company records:
- Registration papers
- Share certificates
- Financial statements
- VAT forms
- Applicant CVs
- PAYE forms
Form of request
- The requester must use the prescribed form to make the request for access to a record. this must be made to the head of the private body. This request must be made to the address, fax number or electronic mail address of the body concerned [s 53(1)].
- The requester must provide sufficient detail on the request form to enable the head of the private body to identify the record and the requester. The requester should also indicate which form of access is required. the requester should also indicate if any other manner is to be used to inform the requester and state the necessary particulars to be so informed [s 53(2)(a) and (b) and (c)].
- The requester must identify the right that is sought to be exercised or to be protected and provide an explanation of why the requested record is required for the exercise or protection of that right [s 53(2)(d)].
- If a request is made on behalf of a another person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the head of the private body [s 53(2)(f)].
Fees
- The head of the private body must notify the requester (other than a personal requester) by notice, requiring the requester to pay the prescribed fee (if any) before further processing the request [s 54(1)].
- The fee that the requester must pay to a private body is r50. the requester may lodge an application to the court against the tender or payment of the request fee [s 54(3)(b)].
- After the head of the private body has made a decision on the request, the requester must be notified in the required form.
If the request is granted then a further access fee must be paid for the search, reproduction, preparation and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure [s 54(6)].
Other information
- Other information as may be prescribed [section 51(1)(f)]
The minister of justice and constitutional development has not made any regulations in this regard.
- Availability of the manual [section 51(3)]
This manual is available at the above mentioned street address for inspection; copies are available at the SAHRC, in the gazette and at www.shack.co.za. Application forms can be obtained at www.sahrc.org.za.
The Web Shack is a registered reseller of Go Daddy to bring you the best hosting solutions. All hosting solutions offered through The Web Shack are bound by the terms and condition of Go Daddy. All technical issues related to hosting are handled directly with Go Daddy. A 24-hour support line is available to clients for this instance. Please view our hosting solutions through: https://www.hostingshack.co.za/
Use of the https://www.hostingshack.co.za website is subject to express terms of use. By using this site, you signify that you agree to be bound by these Universal Terms of Service. View terms below:
Website Design Project Outline
To keep your project running on time please read and adhere to the “Life Cycle of a Website Design Project”. The Web Shack assumes no responsibility for clients failure to do so.
Steps marked in orange only apply to clients making use of The Web Shack’s copywriting services. Clients who are not making use of this service may ignore these steps.
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- Deposit Due
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a) A deposit of 50% of the total fee is due before any work will commence.
. - Project Questionnaire
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a) Upon receipt of the proof of payment of the deposit, The Web Shack Project Manager will forward the client 3 theme options and a link to a project questionnaire. Please take the time to fill out the questionnaire in as much detail as possible as this will help with the creation of the website. The client must also select 1 of the 3 themes. Please be sure that the chosen theme suits the website needs as this cannot be changed at a later stage.
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b) The questionnaire and chosen theme must be submitted within 5 working days of receiving the link from the Project Manager.
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c) Our themes come with varied functionality. If at any stage of the project the client requests integration that is not incorporated in the chosen theme additional setup costs will incur to the client.
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d) Should the client wish to make use of The Web Shack’s copywriting services project timelines will be affected and additional project steps will apply. In this document these steps will be marked in orange. Please be aware of these additional steps throughout this document. Clients who are not making use of this service may ignore these steps.
. - Specifications and Meeting
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a) A meeting will be set between the client and a designer from The Web Shack in order to discuss the project.
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b) A Web Shack copywriter will be present at this meeting. The client and copywriter will compile a project brief together in this meeting. The copywriter will assess the project and set a timeline.
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c) Minutes will be taken at this meeting and forwarded to the client via e-mail. The client must reply to this e-mail, approving the minutes in order for the project to proceed.
. - First Revision – Copywriting
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COPYWRITING WILL NOT COMMENCE UNTIL A 50% DEPOSIT OF THE COPY FEE HAS BEEN PAID AND THE COPYWRITER HAS RECEIVED ALL CONTENT THAT MAY HAVE BEEN REQUESTED FROM THE CLIENT, PERTAINING TO THE COPY.
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a) A first revision will be compiled according to the brief and sent to the client for review.
. - Client Review – Copywriting
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a) The client will have 5 working days to review the copy.
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b) Changes must be requested by using the ‘comment’ feature within the Word Document sent to the client by the copywriter.
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c) The client accepts that by not communicating with The Web Shack during the review period, The Web Shack will accept the client’s silence as agreement to a finished product. In which case 50% of payment must be made by the client.
. - Second Revision – Copywriting
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a) A second revision will be compiled according to changes outlined by the client from revision 1. Revision 2 will be sent to the client for review.
. - Client Review (2) – Copywriting
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a) The client will have 5 working days to review the copy.
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b) Changes must be requested by using the ‘comment’ feature within the Word Document sent to the client by the copywriter.
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c) This is the final opportunity in which the client is entitled to changes.
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d) The client accepts that by not communicating with The Web Shack during the review period, The Web Shack will accept the client’s silence as agreement to a finished product. In which case 50% of payment of the copy fee must be made by the client.
. - Final Revision – Copywriting
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a) The final revision will be complied based on the requested changes from revision
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b) The client will only receive the final revision once The Web Shack has received proof of payment of the remaining 50% of the copy fee.
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c) Should the client request further changes to the copy, the current hourly fee will apply.
. - Website Development
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a) Once a theme is chosen, all content is received, the questionnaire has been completed and the client has met with the applicable parties from The Web Shack, the project will be assessed by The Web Shack and the client will be provided with a time frame in which the first draft will be developed and produced.
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THE WEB SHACK WILL NOT COMMENCE WEBSITE DESIGN OR DEVELOPMENT UNTIL STEPS 1-8 HAVE BEEN COMPLETED AND RECEIVED BY THE PROJECT MANAGER.
. - First Draft
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a) The first draft will be a complete product based on the chosen theme, initial project questionnaire and presented copy (from the client or copywriter).
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b) Once The Web Shack has compiled the first draft it will be sent to the client for revision.
. - Revision 1
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a) Once the client has been sent the first draft s/he has 5 working days to review the draft and request changes.
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b) Changes may ONLY be requested in one of two ways. By completing the Website Revision Form and e-mail the Website Revision Form to The Web Shack, or, by meeting with a member of The Web Shack to discuss your revision. During this meeting, the Website Revision Form must be completed and agreed upon. We strongly recommended meeting with us.
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c) Please note that the Website Revision Form will be considered the complete brief for the first revision, so it is important that you include all of the updates / changes in detail. Your document should be sectioned into pages, as per your website pages.
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d) The client accepts that by not communicating with The Web Shack during the revision period, The Web Shack will accept the client’s silence as agreement to a finished product. In which case 40% of payment must be made by the client.
. - Revision 2
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a) Once the client has been sent Revision 1 /he has 5 working days to review the draft and request changes.
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b) Changes may ONLY be requested in one of two ways. By completing the Website Revision Form and e-mail the Website Revision Form to The Web Shack, or, by meeting with a member of The Web Shack to discuss you revision. During this meeting, the Website Revision Form must be completed and agreed upon. Please ensure you include any changes you may wish to make as this is your last opportunity to do so, provided for in your quote. We strongly recommended meeting with us.
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c) Please note that the Website Revision Form will be considered the complete brief for the second revision, so it is important that you include all of the updates / changes in detail. Your document should be sectioned into pages, as per your website pages.
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d) The client accepts that by not communicating with The Web Shack during the revision period, The Web Shack will accept the client’s silence as agreement to a finished product. In which case 40% of payment must be made by the client.
. - Additional Revisions
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a) Revision 2 will be considered the final draft, unless additional revisions are requested.
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b) Additional revisions will be quoted separately from the initial quotation. Work will only commence once the quote has been formally accepted.
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c) Please note that additional revisions will only be undertaken once the invoice for revision one and two has been settled. Additional revisions will be considered a new project.
. - Final Draft
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a) The client is sent the final draft along with a second invoice of 40% of the total fee.
. - Going Live – The Final Product
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a) The website will be taken live. Once it has checked and confirmed to be fully functional the client will receive an invoice for the final 10% payment.
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b) In order for a website to be taken live the client must have a registered domain and a working hosting environment. This can be obtained through The Web Shack (partnered with Go Daddy) at https://hostingshack/products/wordpress or alternatively, another service provider. Should the client choose to host through The Web Shack, once the signing up process and purchase of product has been completed, The Web Shack can take the website live.
Should the client wish to use another service provider The Web Shack will require Cpanel/FTP details – the client can obtain these from their service provider. Additionally, clients will need to ensure that the service provider has set up MySQL database before The Web Shack can take the site live.
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c) Only upon settlement of the full fee will the client be sent his/her login details
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d) Receipt of the final 10% marks the project complete. The website is now a live, complete and working final product.
. - Additional Changes
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a) Any additional changes or modifications the client would like The Web Shack to implement to the live website will be charged at the current hourly rate. The changes will fall into a new working cycle as they are considered a new project
. - Training
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a) Once the website has been taken live the client is entitled to a free 30 minute training session on ‘how to update and maintain’ their website moving forward.
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b) If the client requests further training The Web Shack consulting fee will be charged per 30 minutes thereafter.
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c) All training is done via Zoom or Microsoft Teams.
. - Improvement, development and maintenance
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a) Should the client wish to improve their online presence, please browse our online marketing solutions under the marketing tab at www.shack.co.za
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b) Should the client require The Web Shack to maintain their website, an hourly fee will be charged.
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The client needs to accept the quotation before any work will commence.
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Payment is to be paid in FULL after all changes are completed.
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Any changes or updates requested that take up to 4 hours to implement from our end have a turnaround time of up to 3 working days;
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Any updates that exceed 4 hours will have an added turnaround time of 1 working day per 2 hours. We understand that majority of updates or changes are urgent so we therefore will try our best to prioritise these changes or updates.
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Should a Client choose to maintain their own website, The Web Shack cannot be held responsible if anything breaks during content updates, plugin additions as well as theme updates. This also pertains to anything that the Client has chosen to edit without our knowledge and/or approval. Alternatively feel free to get The Web Shack to maintain your website at our hourly rate. If you choose to update your own website and in rare cases the website does break and is unfixable we can always restore a previous backup for you upon your request.
General Project Terms
- Themes, Plugins & Software
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a) The Web Shack builds their websites using the open source content management system (CMS) called WordPress, we are then obligated to abide by their terms of use which means if you choose to use The Web Shack’s services you accept these terms and warrant that The Web Shack will not be responsible for any damages or faulty software from WordPress.org.
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b) The Web Shack also builds their websites using premium third party themes and plugins, using reputable companies such as Themeforest or Codecanyon. Although these companies are trustworthy and meet current website standards, we cannot be responsible for any broken, faulty or damaged themes or plugins as we have no control over any third party software and or products.
. - Viruses & Outdated Websites
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a) The Web Shack takes all the security precautions on our Clients websites and includes the relevant security plugins as well as keeps its servers secure wherever possible. However we cannot guarantee the prevention of hacks, viruses or unexpected data deletion and cannot be held liable for any such damages as a result.
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b) The Web Shack cannot be responsible for any websites that have stopped working or have become faulty over time due to the website becoming “outdated”. Outdated websites can be affected due to many aspects, such as new browser software, outdated web code, etc. The Web Shack cannot be expected to keep your website updated in every aspect without being compensated to do so. In this situation the Client may opt to have their website redeveloped.
. - Refunds
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a) Should a client request their 50% deposit be returned within 5 working days of payment, and no longer require The Web Shacks services, The Web Shack will gladly process the refund. Deductions may apply for resources already spent on the project.
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b) If 5 working days have passed since payment, The Web Shack will not process refunds.
Copy Writing Life Cycle
- You will receive a quote from The Web Shack.
- 50% deposit due.
- Meeting with The Web Shack copywriter to conceptualize and create a timeline for your project.
- 1 Page sample provided to you for review. (At this point you are looking at the overall writing style and tone.)
- Your comments and requested changes will be addressed.
- Revision 1 provided to you for review. (At this point you are looking at the flow of writing, inclusivity and accuracy of information and general improvements)
- Your comments and requested changes will be addressed.
- Revision 2 provided to you for review. (This is your final opportunity to make changes. At this point you want to fine tune and point out anything that bothers you about the copy.)
Please Note: Any changes requested past this point in the process will be charged to you per hour. We will notify you before doing work that will incur an extra cost. - Final changes will be made according to your request.
- 50% remaining fee due.
- Final copy will be handed over after full payment is made.
Please Note
- If you require copy to be written according to a style guide other than the Associated Press Style Book, this must be clearly stated in your first meeting with the Webshack copywriter. It is the client’s responsibly to provide any company specific style guides that may be needed. In the event that the client should fail to produce a copy of the required style guide, copy will be written according to the Associated Press Style Book.
Project timeline will vary according to project size and complexity.
This Life Cycle does not apply to monthly blog posts, articles, or copy shorter than 200 words.
Google Ads
- Monthly invoices will be issued on the 25th of the previous month and need to be paid by the 10th of the current month. Failure to do so may result in the client’s Google Ads account running out of budget. The Web Shack will not add any budget to a client’s account until payment has been made in full.
- 1 calendar month notice need to be given in writing to The Web Shack should you wish to terminate.
- Hours will be managed and assigned as The Web Shack deems appropriate unless otherwise requested by the client.
- Should the client request additional hours, a quotation will be sent before any work will be undertaken.
- The Web Shack reserves the right to reasonably deem what Google Ads activities are advisable and/or urgent based on their professional opinion.
Search Engine Optimization (SEO)
- Monthly invoices are to be paid within the first week of each month.
- 1 calendar month notice need to be given in writing to The Web Shack should you wish to terminate.
- In order to use our monthly SEO service your website needs to be built in WordPress.
- Some SEO activities may be forbidden by your host. The Web Shack will not undertake these activities. It is the responsibility of the client to be aware of the restrictions of their hosting provider.
- Hours will be managed and assigned as The Web Shack deems appropriate unless otherwise requested by the client.
- Should the client request additional hours, a quotation will be sent before any work will be undertaken.
- The Web Shack reserves the right to reasonably deem what SEO activities are advisable and/or urgent based on their professional opinion.
- SEO of individual products for e-commerce websites will be undertaken as a long term task.
Social Media Life Cycle
- Monthly invoice needs to be paid in FULL before The Web Shack will commence any social media work. Invoices need to be settled within the first week of each month.
- Should the client wish, they may arrange a meeting at this time to discuss ideas. All meetings are to be held at The Web Shack offices.
- 1 calendar month notice need to be given in writing to The Web Shack should you wish to terminate.
- Once payment is made, please allow for a two week lead period. In this time our digital marketing strategists will design content.
- The date of the first scheduled post will be dependent on the date that The Web Shack receives first proof of payment in full. This will be discussed in further detail between The Web Shack and the client once first payment is made, via e-mail.
- All prepared content and posts must be approved by the client BEFORE scheduling.
Right to use reserved – PARTNER DIRECTORY
THE WEB SHACK PARTNER DIRECTORY is an online digital-focused directory. We expressly reserve the right to accept or decline any user listing based on appropriateness of content and/or security.
Right to use reserved – eCommercebuilder.co.za (Please note eCommercebuilder.co.za is fully owned and run by The Web Shack CC.)
eCommercebuilder.co.za is a website that offers WooCommerce (eCommerce) websites on a subscription bases. We expressly reserve the right to accept or decline any user based on appropriateness of content and/or security.
Payments
THE WEB SHACK PARTNER DIRECTORY and eCommercebuilder.co.za only accepts monthly credit card payments. Monthly payments are facilitated through our Payfast payment gateway who are an approved payment gateway for First National Bank South Africa. Payfast uses Extended Validation SSL with 256-bit encryption. Only two of the four major South African banks use this –the highest– level of encryption currently available. No credit card details are stored on the website. Customers may go to https://www.payfast.co.za/ to view more details on their security and credibility.
Cancellation Policy
- If you choose to cancel your subscription / partnership with THE WEB SHACK please be aware that ALL content, links and so forth that has been added be deleted.
- After cancellation with THE WEB SHACK your content, links and so forth will be kept under file in order to have a quick and timeless process should you wish to reinstate your account with THE WEB SHACK.
- Partnership clients only: Please be aware that once your profile is cancelled your spot is now open for another company to add their listing. Should you wish to reinstate your profile and the maximum limit is reached, you’ll need to wait until a spot reopens to reinstate your profile.
Please see steps below if you are looking to cancel your subscription:
- Register on Payfast by following: https://www.payfast.co.za/registration
- Add the email address that you used to subscribe with through THE WEB SHACK, and fill in the remainder of the form.
- Once you have registered, log into your account.
- Scroll over the transactions tab and click on subscriptions.
- You will view your subscription with THE WEB SHACK there. In order to cancel your subscription and monthly debit order simply press the cross (x) button under the actions tab.
Should THE WEB SHACK cancel your account? (Partnership clients only)
- THE WEB SHACK has the right to cancel or delete your account at any time;
– If we decide to close down our partners directory and or services we will give you one calendar month notice;
– If your listing, links or content violate any of our terms we have the right to take down your business from THE WEB SHACK website immediately;
– Please be sure to keep your website, service offerings and standard of work up to the highest level to avoid your listing being removed due to poor quality.
Limitation of Liability
THE WEB SHACK will not be held liable for any damages or injury that accompany or arise out of your use of any portion of our website. These include (but are not limited to) damages or injury caused by any:
- use of (or inability to use) our website, inclusive of hyperlink/s originating on our website,
- failure of our website to perform in the way you expected or desired,
- any error, omission or defect on our website,
- interruption of availability of our website,
- delay in operation or transmission of our website,
- computer virus or line failure.
Submission of online material to us
All observations, suggestions, ideas, graphics, comments, or other information or content (“submissions”) that you send to THE WEB SHACK through our site are licensed in terms of the Content Licensing provisions set out below. We don’t regard your submissions as confidential so please do not send us anything which is confidential. Submissions are published on THE WEB SHACK website which is public, as part of the usual operation of our website.
Disclaimer
Your use of this website and reliance on any website materials available on this website is entirely at your own risk. This website, including all website materials, is provided “as is”.
THE WEB SHACK does not represent or endorse the correctness or reliability of any advice, opinion, statement, or other information or work contained in, displayed on, linked to or distributed through this website or the website materials. By using THE WEB SHACK, you acknowledge that any reliance upon any such opinion, advice, statement or information will be at your own risk entirely. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the THE WEB SHACK website and the website materials at any time.
Information, ideas and opinions expressed on this website and in the website materials should not be regarded as professional advice or the official opinion of THE WEB SHACK and you are strongly advised to seek professional advice before taking any course of action related to such information, ideas and opinions.
To the fullest extent permissible by law, THE WEB SHACK disclaims all warranties of any kind, whether express or implied, including without limitation to the implied warranties of merchantability or fitness for a particular purpose, in respect of this website and the website materials. THE WEB SHACK does not warrant that the functions contained in this website or the website materials will meet your requirements or operate in every combination selected by you for use; will be uninterrupted, timely, secure or error free; that any defects or errors will be corrected; or that this website or the website materials or the server that makes them available is free of viruses or other harmful components. THE WEB SHACK does not warrant that this website or the website materials will provide specific results from use of this website or the website materials or any content, search or link within them or that the results that may be obtained from the use of this website will be accurate or reliable.
Whilst THE WEB SHACK takes reasonable precautions in its operation of this website, neither THE WEB SHACK nor its agents or representatives will assume any responsibility and neither THE WEB SHACK nor its agents or representatives (in whose favour this constitutes a stipulation for another) shall be liable for any damages to or for viruses that may infect your computer equipment or software or other property on account of your access to, use of or browsing of this website or the website materials or your downloading of any materials, data, text images, video or audio from this website or the website materials. Any material downloaded or otherwise obtained through the use of this website or the website materials is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
By use of THE WEB SHACK website you further agree that –
under no circumstances whatsoever, including as a result of THE WEB SHACK negligent acts or omissions or those of its employees, agents or contractors, will THE WEB SHACK or its employees, agents or contractors be liable for any direct, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss, damage or damages of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable), including but not limited to any infringement of your intellectual property rights, loss of profits, loss of revenue, loss of operation time, corruption or loss of information or data and/or loss of contracts sustained by you, your directors, employees, dealers or customers, resulting from your use of, or inability to use, the website or the website materials.
Notwithstanding the law of prescription, by use of our website you agree that no claims or legal action arising out of, or related to, the use of this website, the website materials or these terms and conditions of use may be brought by you more than 1 (one) year after the cause of action relating to such claim or legal action arose.
Indemnity
You hereby indemnify THE WEB SHACK and its officers, directors, employees, agents or contractors or other persons for whom in law THE WEB SHACK may be liable (in whose favour this constitutes a stipulation for another) from any loss, damage, damages, liability, claim or demand due to or arising out of your use of this website or the website materials or your breach of these terms and conditions of use.
THE WEB SHACK is not responsible for files and data related to, accessible from or in connection with your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on THE WEB SHACK servers.
User profiles on THE WEB SHACK may contain links to other websites, web pages or other Internet-based content, services or references to content or services which are not Internet-based. Unless the website, web page, content or service to which we have provided a link is held, administered or otherwise offered by us and is subject to the provisions of these Terms and Conditions, we shall bear no responsibility or liability for the content or services provided. The existence of a link or reference from THE WEB SHACK to any other website, web pages or other content or service belonging to or operated by third parties does not constitute our endorsement, recommendation or approval of such website, web page or services and content displayed on such link, nor does it constitute any association by THE WEB SHACK with such web pages or service providers’ owners or operators. THE WEB SHACK has no control over such linked websites and is not responsible or liable for any content, information, goods or services available on or through any such linked websites or for any damage, damages or loss caused or alleged to be caused by or in connection with your use of, or reliance on, any such content, information, goods or services available on or through any such linked websites. By use of our site you agree that, where you access linked websites, you do so entirely at your own risk.
Privacy
This Privacy policy applies to personal data concerning users, subscribers or advertisers, submitted to or collected by THE WEB SHACK. This Privacy Policy is applicable to all users, irrespective of whether they are visiting our website, transacting by way of our website or have an existing contractual or other legal relationship with us. We will treat your personal information obtained through your use of the website as private and confidential.
We will not disclose your personal information to third parties without your express permission unless -we share data with third parties to help us perform statistical analysis, send you correspondence, provide support or arrange for deliveries. Whenever we use third parties to provide services, which may allow them access to your personal Information, we will endeavour to bind them to our privacy policy.
Collection of information
We may collect personally-identifiable information given to us, for example your e-mail address, name, home or work address, telephone number/s, membership numbers. This information is used to operate our website and to transact and communicate with you. We may also collect anonymous demographic information, which is not unique to you, such as your geographical location, age, gender and certain preferences. This information may also be matched against our other records for purposes of identity verification and analysis.
There is also certain limited information about your computer hardware and software that is automatically collected by us, including your IP address, browser type, domain name/s, access times and referring website addresses. This information is used for operational reasons only, such as maintaining quality of service, and to provide general statistics regarding use of our website.
Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through public message boards, this information may be collected and used by others.
We may track our website and the web pages that you visit in order to determine what services are the most popular. This data is used to deliver customised content and allocate resources and development.
Users’ or advertisers’ Code of Conduct
By use of our website you agree to adhere to generally acceptable Internet and e-mail etiquette. Amongst exercising other generally acceptable Internet and e-mail etiquette, you therefore agree to:
not engage in any abuse of e-mail or spamming, including but not limited to –
– posting or cross-posting unsolicited articles with the same or substantially the same message to recipients that did not request to receive such messages, and
– inviting people who you may be connected to using services outside THE WEB SHACK to join THE WEB SHACK where those people may not want to receive such invitations or similar communications (in other words, you will make sure your contacts on other services want to receive, or don’t mind receiving, invitations to join THE WEB SHACK or other communications you send them from THE WEB SHACK).
Once Off Payment
When you sign up for a monthly payment website, there is a once-off setup fee for the development of the website. Please view our Website Design Terms for all the information on our website designs.
Monthly Payments
For the monthly payments, we only accept monthly credit / debit card payments. Monthly payments are facilitated through our Payfast payment gateway who are an approved payment gateway for First National Bank South Africa. Payfast uses Extended Validation SSL with 256-bit encryption. Only two of the four major South African banks use this –the highest– level of encryption currently available. No credit card details are stored on the website. Customers may go to https://www.payfast.co.za/ to view more details on their security and credibility.
Cancellation Policy
- If you choose to cancel your subscription with THE WEB SHACK please be aware that ALL website files and domain will be taken down.
- After cancellation with THE WEB SHACK your files will be kept under file in order to have a quick and timeless process should you wish to reinstate your account with THE WEB SHACK.
- If you choose to cancel your subscription and would like to move your website elsewhere, you will need to purchase the website from us at our once off payment website design prices, minus the setup fee you already settled.
Please see steps below if you are looking to cancel your subscription:
- Register on Payfast by following: https://www.payfast.co.za/registration
- Add the email address that you used to subscribe with through THE WEB SHACK, and fill in the remainder of the form.
- Once you have registered, log into your account.
- Scroll over the transactions tab and click on subscriptions.
- You will view your subscription with THE WEB SHACK there. In order to cancel your subscription and monthly debit order simply press the cross (x) button under the actions tab.
Should THE WEB SHACK cancel your account?
- THE WEB SHACK has the right to cancel your account, If your website, links or content violate any of our terms and conditions. If our terms are violated we have the right to take down your business from THE WEB SHACK immediately.
- Standard Business Terms
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For ease of expression, The Web Shack CC. is referred to as “The Web Shack”, the Client is referred to as “the Client” and the full extent of the services and deliverable’s to be provided by Shack and the Client are collectively referred to as “the Project”.
Project responsibility
- The Web Shack and the Client acknowledge that the success of the Project is the joint responsibility of both parties. Failure by either party to fulfill its obligations may impact the other’s ability to meet its obligations on the Project;
- The Web Shack and the Client recognise they must both use all reasonable endeavours to meet agreed deadlines;
- The Web Shack may appoint sub-contractors to assist in meeting its obligations on the Project;
- The Web Shack will agree with the Client its needs for appropriate involvement of Client personnel, reasonable working accommodation, communications and access to equipment.
Scope of project
- The scope of the Project is described in the Memorandum (“the Invoice”) of Agreement. Although elements of the scope may necessarily change over time, The Web Shack will have no obligations to proceed with any change proposed by the Client until the cost and schedule impact has been agreed. The Web Shack will develop the cost and schedule impact of proposed changes within a reasonable period of receiving instructions from the Client. If the project is reliant on Client facilities, personnel or skills, The Web Shack reserves the right to treat absences of Client facilities, personnel or skills as a proposed change in scope even if caused by circumstances beyond the Client’s control.
Confidentiality
- During the Project the Client is likely to have access to confidential information of The Web Shack, including (but not limited to) The Web Shack’s past, present and future research, development, business activities, products, services and technical knowledge. Similarly, The Web Shack is likely to have access to confidential information of the Client.
- Accordingly, each party (“the Recipient”) agrees and undertakes in favour of the other party (“the Protected Party”) that the confidential information of the Protected Party may be used by the recipient only in connection with the Project and will be kept in the strictest confidence and will not be disclosed to any third party except with the prior signed written approval of the Protected Party or pursuant to an order, directive or subpoena issued by any competent court or authority. The Client agrees that the Memorandum of Agreement (including its annexes) constitutes confidential information of The Web Shack as contemplated in this paragraph.
Intellectual property rights
- The Web Shack will retain the intellectual property rights and copyright of any work performed by its personnel, save for all such work as is paid for wholly and exclusively by the Client, and may retain such copies of outputs and deliverables as are necessary for its reference purposes. The Web Shack may re-use concepts and other outputs of the Project provided confidential information of the Client is safeguarded.
Remedies and liabilities
- The Web Shack’s objective is to work with the Client to achieve the business objectives of the Project. If, in doing so, the Client suffers damages resulting from an act or omission of a The Web Shack director or employee, The Web Shack would recognise this as its responsibility, up to but not exceeding the amount of fees received from the Client for that phase of work.
- The Client agrees that The Web Shack shall be given a reasonable opportunity to remedy any failure or shortcoming in the delivery of the services / deliverables to the Client notified to The Web Shack within six months of delivery. The Web Shack undertakes, at its expense, to use all reasonable efforts to implement such remedy as soon as reasonably possible after any such failure is reported to The Web Shack. Subject to the financial limits set forth above, the Client agrees that this provision is the exclusive remedy available to the Client in the event of any failure or shortcoming in the project.
- The Web Shack shall not be liable for any indirect or consequential loss or damage of any kind under any circumstances including negligence (whether arising under contract, common law or otherwise) including but not limited to loss of profits, loss or corruption of data, loss of operation time or loss of contracts, whether caused by its directors, employees, agents or others for whom in law it may be liable.
- The Web Shack’s liability under paragraphs 9 and 10 is in lieu of and to the exclusion of any warranty or term of any kind relating to the condition, performance, merchantability or fitness for purpose of the services or any deliverables.
Infringement and copyright
- The Web Shack will defend, at its expense, a third party claim that any service or deliverable The Web shack has provided infringes a South African copyright. In the event that any damages are finally awarded against the Client in respect of such a claim, these will be paid by The Web Shack. This indemnity will not apply if the infringement is the result of the Client modifying, misusing or providing deliverables or services to a third party or failure to use enhancements supplied by The Web Shack or information, documents, facilities or products which are supplied by the Client for the purposes of the Project. This indemnity constitutes the Client’s sole and exclusive remedy and the The Web Shack’s entire liability with respect to any deliverable or service infringing any third party rights.
Force majeure
- The Web Shack will not be liable for any delay in performing or failure to perform its obligations if such failure or delay is as a result of causes outside its reasonable control.
Quality assurance
- The Client agrees, if so requested by The Web Shack, to allow representatives of any organisation responsible for certifying standards of work access to the Client’s premises and to co-operate, so far as is reasonable, with such representatives.
Personnel
- The Web Shack believes that a planned rotation of its personnel is in the Client’s best interests, both in terms of quality and cost management. The Web Shack reserves the right to meet its responsibilities through the allocation of appropriate available skilled personnel without a guarantee that specific individuals will be assigned.
- In the event of the resignation of a The Web Shack or Client project team member who is a key resource on the Project, the respective employer will endeavour to replace that person within a reasonable time period or otherwise agree to a reallocation of resources or scope change to the Project.
- Neither party shall for the duration of the Project, and for one year thereafter, employ any person engaged by the other in connection with the Project.
Termination of agreement
- The Client may terminate or restrict The Web Shack’s services at any time in which case the Client will be liable for all work done at The Web Shack’s standard billing rates which may be higher than proposed rates contracted for the Project, since proposed rates will have included assumptions on the volume of work and levels of staffing at various stages. The Client will also be liable for any cancellation charges incurred by The Web Shack. The Web Shack may terminate its participation in the project if its fees remain unpaid for sixty (60) days or if the Client commits significant or repeated breach of agreement.
- In the event that any proposed change of scope is as a result of circumstances beyond the Client’s control and the cost implication of the change of scope is, in the opinion of the Client, material, the Client may forthwith terminate or restrict The Web Shack’s services in which event the Client will be liable for all work done at the proposed rates contracted for the project.
Payment
- The economics of The Web Shack’s proposal are based on timeous payment of invoices to balance expenditures on salaries and office costs. As a consequence, all invoices for fees and expenses will be payable monthly on presentation or as scheduled in the Memorandum of Agreement. Any sum which remains outstanding beyond ten (10) days will bear interest from the date of presentation until paid in full. This interest will be at the then current Standard Bank Prime Rate compounded monthly.
- Terms of Use
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The Web Shack reserves the right to change the terms, conditions, and notices under which The Web Shack website is offered, including but not limited to the charges associated with the use of The Web Shack website.
Agreement between user and The Web Shack
The Web Shack website is comprised of various web pages operated by The Web Shack. The Web Shack website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. your use of The Web Shack website constitutes your agreement to all such terms, conditions, and notices.
Links to third party sites
The Web Shack website may contain links to other websites (“linked sites”). The linked sites are not under the control of The Web Shack and The Web Shack is not responsible for the contents of any linked site, including without limitation to any link contained in a linked site, or any changes or updates to a linked site. The Web Shack is not responsible for webcasting or any other form of transmission received from any linked site. The Web Shack is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Web Shack of the site or any association with its operators.
No unlawful or prohibited use
As a condition of your use of The Web Shack website, you warrant to The Web Shack that you will not use The Web Shack website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use The Web Shack website in any manner which could damage, disable, overburden, or impair The Web Shack website or interfere with any other party’s use and enjoyment of The Web Shack website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through The Web Shack websites.
Use of communication services
The Web Shack website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “communication services”), you agree to use the communication services only to post, send and receive messages and material that are proper and related to the particular communication service. by way of example, and not as a limitation, you agree that when using a communication service, you will not:
- Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such communication service specifically allows such messages.
- Restrict or inhibit any other user from using and enjoying the communication services.
- Violate any applicable laws or regulations.
- Violate any code of conduct or other guidelines which may be applicable for any particular communication service.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Download any file posted by another user of a communication service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all consent.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Surveys, contests, pyramid schemes or chain letters.
The Web Shack has no obligation to monitor the communication services. However, The Web Shack reserves the right to review materials posted to a communication service and to remove any materials in its sole discretion. The Web Shack reserves the right to terminate your access to any or all of the communication services at any time without notice for any reason whatsoever. The Web Shack reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The Web Shack’s sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any communication service. The Web Shack does not control or endorse the content, messages or information found in any communication service and, therefore, The Web Shack specifically disclaims any liability with regard to the communication services and any actions resulting from your participation in any communication service. Managers and hosts are not authorized The Web Shack spokespersons, and their views do not necessarily reflect those of The Web Shack. Materials uploaded to a communication service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Materials provided or posted to The Web Shack
The Web Shack does not claim ownership of the materials you provide to The Web Shack (including feedback and suggestions) or post, upload, input or submit to any The Web Shack website or its associated services (collectively “submissions”). however, by posting, uploading, inputting, providing or submitting your submission you are granting The Web Shack, its affiliated companies and necessary sublicensees permission to use your submission in connection with the operation of their internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission; and to publish your name in connection with your submission. No compensation will be paid with respect to the use of your submission, as provided herein. The Web Shack is under no obligation to post or use any submission you may provide and may remove any submission at any time in The Web Shack’s sole discretion. By posting, uploading, inputting, providing or submitting your submission you warrant and represent that you own or otherwise control all of the rights to your submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the submissions.
Liability disclaimer
The information, software, products, and services included in or available through The Web Shack website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Web Shack and/or its suppliers may make improvements and/or changes in The Web Shack website at any time. Advice received via The Web Shack website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. The Web Shack and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on The Web Shack website for any purpose. to the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. The Web Shack and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by applicable law, in no event shall The Web Shack and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of The Web Shack website, with the delay or inability to use The Web Shack website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through The Web Shack website, or otherwise arising out of the use of The Web Shack website, whether based on contract, tort, negligence, strict liability or otherwise, even if The Web Shack or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. if you are dissatisfied with any portion of The Web Shack website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using The Web Shack website service contact: accounts@shackdemos.co.za
Termination/access restriction
The Web Shack reserves the right, in its sole discretion, to terminate your access to The Web Shack website and the related services or any portion thereof at any time, without notice. General to the maximum extent permitted by law, “these terms and conditions will be governed by, and construed in all respects in accordance with the laws of South Africa, and subject to the exclusive jurisdiction of the South African courts in all disputes arising out of or relating to the use of The Web Shack website. Use of The Web Shack website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Web Shack as a result of this agreement or use of The Web Shack website. The Web Shack’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Web Shack’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of The Web Shack website or information provided to or gathered by The Web Shack with respect to such use. if any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The Web Shack with respect to The Web Shack website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The Web Shack with respect to The Web Shack website. a printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. it is the express wish to the parties that this agreement and all related documents be drawn up in English.
Trademarks
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. no association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.
The following will not be endorsed by The Web Shack:
- Adult/pornographic content, services and products.
- Illegal: firearms, ammunition, replicas, militaria, weapons and knives.
- Human parts and remains.
- Illegal drugs & paraphernalia.
- Unauthorized copies, copyright violations, plagiarised material.
- Psychic readings, palm readers, sorcery, black magic and divination’s.
- Photos without permission or knowledge.
- Offensive material.
User responsibilities
Customers are responsible for any misuse of company’s services that occurs through the customer’s account. It is the customer’s responsibility to ensure that unauthorised persons do not gain access to or misuse The Web Shack’s service. The Web Shack urges customers not to reply to unsolicited mail or “spam”, not to click on any suggested links provided in the unsolicited mail. Doing so remains the sole responsibility of the customer and The Web Shack cannot be held liable for the customer being placed on any bulk mailing lists as a result. Where the customer has authorised a minor to use any of The Web Shack’s services or access its websites, you accept that as the parent/legal guardian of that minor, you are fully responsible for: the online conduct of such minor; controlling the minor’s access to and use of any services or websites; and the consequences of any misuse by the minor, including but not limited to transactions entered into by the minor using such access. The Web Shack cannot be held liable for any business dealings you have with any third parties on the internet, including any vendors, or advertisers found on, or through, The Web Shack network. Further, The Web Shack assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable customs and exchange control laws in connection with any such transactions shall be the customers.
Reservation and non-waiver of rights
The Web Shack reserves the right to amend or alter this policy at any time, and without notice to you. The Web Shack reserves the right to take action against any individuals, companies or organizations that violate any of the prohibited activities set out herein, or engage in any illegal or unlawful activity while accessing our services, to the fullest extent of the law. The Web Shack reserves the right, at its sole discretion, to act against other types of abuse not listed in this document and to investigate or prevent illegal activities being committed over our network. The Web Shack reserves the right to monitor user and network traffic for site security purposes and prevent any unauthorised attempts to tamper with our site or cause damage to our property. The Web Shack reserves the right to suspend, revoke or cancel The Web Shack’s services to the customer/user if the safety and integrity of The Web Shack’s resources are placed at risk in continuing to provide service to the subscriber/user. The Web Shack reserves the right to remove any information or materials in whole or in part, that, in The Web Shack’s sole discretion, is deemed to be offensive, indecent, or otherwise objectionable. The Web Shack does not undertake to guarantee the security of any data passing through its networks. Although The Web Shack will provide a “best effort” service, including regular updates on computer viruses and other threats to security of data, it is the responsibility of the communicating parties to safeguard their data, and The Web Shack cannot be held liable for any loss or damage arising as result of the failure to do so.
- Privacy Policy
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The Web Shack is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Statement of Privacy applies to the The Web Shack website and governs data collection and usage. By using the The Web Shack website, you consent to the data practices described in this statement.
Collection of your personal information
The Web Shack collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number. The Web Shack also collects anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites. There is also information about your computer hardware and software that is automatically collected by The Web Shack. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used by The Web Shack for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the The Web Shack website. Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through The Web Shack public message boards, this information may be collected and used by others. Note: The Web Shack does not read any of your private online communications. The Web Shack encourages you to review the privacy statements of websites you choose to link to from The Web Shack so that you can understand how those websites collect, use and share your information. The Web Shack is not responsible for the privacy statements or other content on websites outside of the The Web Shack and The Web Shack family of websites.
Use of your personal information
The Web Shack collects and uses your personal information to operate the The Web Shack website and deliver the services you have requested. The Web Shack also uses your personally identifiable information to inform you of other products or services available from The Web Shack and its affiliates. The Web Shack may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered. The Web Shack does not sell, rent or lease its customer lists to third parties. The Web Shack may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, The Web Shack may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to The Web Shack, and they are required to maintain the confidentiality of your information. The Web Shack does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent. The Web Shack keeps track of the websites and pages our customers visit within The Web Shack, in order to determine what The Web Shack services are the most popular. This data is used to deliver customized content and advertising within The Web Shack to customers whose behavior indicates that they are interested in a particular subject area. The Web Shack websites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on The Web Shack or the site; (b) protect and defend the rights or property of The Web Shack; and, (c) act under exigent circumstances to protect the personal safety of users of The Web Shack, or the public.
Security of your personal information
The Web Shack secures your personal information from unauthorized access, use or disclosure. The Web Shack secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
Use of Cookies
The The Web Shack website use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize The Web Shack pages, or register with The Web Shack site or services, a cookie helps The Web Shack to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same The Web Shack website, the information you previously provided can be retrieved, so you can easily use the The Web Shack features that you customized. You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the The Web Shack services or websites you visit.
Changes to this statement
The Web Shack will occasionally update this Statement of Privacy to reflect company and customer feedback. The Web Shack encourages you to periodically review this Statement to be informed of how The Web Shack is protecting your information.
Contact information
The Web Shack welcomes your comments regarding this Statement of Privacy. If you believe that The Web Shack has not adhered to this Statement, please contact The Web Shack at info@shackdemos.co.za. We will use commercially reasonable efforts to promptly determine and remedy the problem.
- Access to Information Act
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Access to Information Act
As per the section 51 manual for The Web Shack cc, please take note of the introduction provided below to the Web Shack. Bear in mind as we expand on our service offering, there may be areas of each service not limited to the list below:
- Website Development & Design Services.
- Hosting Services (Shared & Dedicated Servers).
- Social Media Marketing.
- Google Adwords Campaigns.
Particulars in terms of the section 51 manual
- Contact details [section 51(1)(a)]
Physical Address: 376 Summit Road, Sandton, 2057
Telephone Number: +27 (011) 021 2992
E-mail Address: info@shackdemos.co.za- The section 10 guide on how to use the act [section 51(1)(b)]
The guide will be available from the South African human rights commission by not later than august 2003. Please direct any queries to:
The South African human rights commission: PAIA unit the research and documentation department
Postal Address: Private bag 2700, houghton, 2041
Telephone Number: +27 (011) 484-8300
Faxline: +27 11 484-0582
Website Link: www.sahrc.org.za
E-mail Address: paia@sahrc.org.za- Records available in terms of any other legislation [section 51(1)(d)]
Staff records:
- Employment contracts
- Pay slips
- UIF information
- Staff contact details
- Performance records
- Staff CVs
Company records:
- Registration papers
- Share certificates
- Financial statements
- VAT forms
- Applicant CVs
- PAYE forms
Form of request
- The requester must use the prescribed form to make the request for access to a record. this must be made to the head of the private body. This request must be made to the address, fax number or electronic mail address of the body concerned [s 53(1)].
- The requester must provide sufficient detail on the request form to enable the head of the private body to identify the record and the requester. The requester should also indicate which form of access is required. the requester should also indicate if any other manner is to be used to inform the requester and state the necessary particulars to be so informed [s 53(2)(a) and (b) and (c)].
- The requester must identify the right that is sought to be exercised or to be protected and provide an explanation of why the requested record is required for the exercise or protection of that right [s 53(2)(d)].
- If a request is made on behalf of a another person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the head of the private body [s 53(2)(f)].
Fees
- The head of the private body must notify the requester (other than a personal requester) by notice, requiring the requester to pay the prescribed fee (if any) before further processing the request [s 54(1)].
- The fee that the requester must pay to a private body is r50. the requester may lodge an application to the court against the tender or payment of the request fee [s 54(3)(b)].
- After the head of the private body has made a decision on the request, the requester must be notified in the required form.
If the request is granted then a further access fee must be paid for the search, reproduction, preparation and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure [s 54(6)].
Other information
- Other information as may be prescribed [section 51(1)(f)]
The minister of justice and constitutional development has not made any regulations in this regard.
- Availability of the manual [section 51(3)]
This manual is available at the above mentioned street address for inspection; copies are available at the SAHRC, in the gazette and at www.shack.co.za. Application forms can be obtained at www.sahrc.org.za.
- Hosting & Domains Terms
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The Web Shack is a registered reseller of Go Daddy to bring you the best hosting solutions. All hosting solutions offered through The Web Shack are bound by the terms and condition of Go Daddy. All technical issues related to hosting are handled directly with Go Daddy. A 24-hour support line is available to clients for this instance. Please view our hosting solutions through: https://www.hostingshack.co.za/
Use of the https://www.hostingshack.co.za website is subject to express terms of use. By using this site, you signify that you agree to be bound by these Universal Terms of Service. View terms below:
- Website Design Terms
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Website Design Project Outline
To keep your project running on time please read and adhere to the “Life Cycle of a Website Design Project”. The Web Shack assumes no responsibility for clients failure to do so.
Steps marked in orange only apply to clients making use of The Web Shack’s copywriting services. Clients who are not making use of this service may ignore these steps.
.- Deposit Due
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a) A deposit of 50% of the total fee is due before any work will commence.
. - Project Questionnaire
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a) Upon receipt of the proof of payment of the deposit, The Web Shack Project Manager will forward the client 3 theme options and a link to a project questionnaire. Please take the time to fill out the questionnaire in as much detail as possible as this will help with the creation of the website. The client must also select 1 of the 3 themes. Please be sure that the chosen theme suits the website needs as this cannot be changed at a later stage.
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b) The questionnaire and chosen theme must be submitted within 5 working days of receiving the link from the Project Manager.
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c) Our themes come with varied functionality. If at any stage of the project the client requests integration that is not incorporated in the chosen theme additional setup costs will incur to the client.
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d) Should the client wish to make use of The Web Shack’s copywriting services project timelines will be affected and additional project steps will apply. In this document these steps will be marked in orange. Please be aware of these additional steps throughout this document. Clients who are not making use of this service may ignore these steps.
. - Specifications and Meeting
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a) A meeting will be set between the client and a designer from The Web Shack in order to discuss the project.
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b) A Web Shack copywriter will be present at this meeting. The client and copywriter will compile a project brief together in this meeting. The copywriter will assess the project and set a timeline.
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c) Minutes will be taken at this meeting and forwarded to the client via e-mail. The client must reply to this e-mail, approving the minutes in order for the project to proceed.
. - First Revision – Copywriting
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COPYWRITING WILL NOT COMMENCE UNTIL A 50% DEPOSIT OF THE COPY FEE HAS BEEN PAID AND THE COPYWRITER HAS RECEIVED ALL CONTENT THAT MAY HAVE BEEN REQUESTED FROM THE CLIENT, PERTAINING TO THE COPY.
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a) A first revision will be compiled according to the brief and sent to the client for review.
. - Client Review – Copywriting
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a) The client will have 5 working days to review the copy.
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b) Changes must be requested by using the ‘comment’ feature within the Word Document sent to the client by the copywriter.
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c) The client accepts that by not communicating with The Web Shack during the review period, The Web Shack will accept the client’s silence as agreement to a finished product. In which case 50% of payment must be made by the client.
. - Second Revision – Copywriting
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a) A second revision will be compiled according to changes outlined by the client from revision 1. Revision 2 will be sent to the client for review.
. - Client Review (2) – Copywriting
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a) The client will have 5 working days to review the copy.
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b) Changes must be requested by using the ‘comment’ feature within the Word Document sent to the client by the copywriter.
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c) This is the final opportunity in which the client is entitled to changes.
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d) The client accepts that by not communicating with The Web Shack during the review period, The Web Shack will accept the client’s silence as agreement to a finished product. In which case 50% of payment of the copy fee must be made by the client.
. - Final Revision – Copywriting
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a) The final revision will be complied based on the requested changes from revision
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b) The client will only receive the final revision once The Web Shack has received proof of payment of the remaining 50% of the copy fee.
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c) Should the client request further changes to the copy, the current hourly fee will apply.
. - Website Development
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a) Once a theme is chosen, all content is received, the questionnaire has been completed and the client has met with the applicable parties from The Web Shack, the project will be assessed by The Web Shack and the client will be provided with a time frame in which the first draft will be developed and produced.
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THE WEB SHACK WILL NOT COMMENCE WEBSITE DESIGN OR DEVELOPMENT UNTIL STEPS 1-8 HAVE BEEN COMPLETED AND RECEIVED BY THE PROJECT MANAGER.
. - First Draft
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a) The first draft will be a complete product based on the chosen theme, initial project questionnaire and presented copy (from the client or copywriter).
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b) Once The Web Shack has compiled the first draft it will be sent to the client for revision.
. - Revision 1
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a) Once the client has been sent the first draft s/he has 5 working days to review the draft and request changes.
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b) Changes may ONLY be requested in one of two ways. By completing the Website Revision Form and e-mail the Website Revision Form to The Web Shack, or, by meeting with a member of The Web Shack to discuss your revision. During this meeting, the Website Revision Form must be completed and agreed upon. We strongly recommended meeting with us.
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c) Please note that the Website Revision Form will be considered the complete brief for the first revision, so it is important that you include all of the updates / changes in detail. Your document should be sectioned into pages, as per your website pages.
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d) The client accepts that by not communicating with The Web Shack during the revision period, The Web Shack will accept the client’s silence as agreement to a finished product. In which case 40% of payment must be made by the client.
. - Revision 2
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a) Once the client has been sent Revision 1 /he has 5 working days to review the draft and request changes.
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b) Changes may ONLY be requested in one of two ways. By completing the Website Revision Form and e-mail the Website Revision Form to The Web Shack, or, by meeting with a member of The Web Shack to discuss you revision. During this meeting, the Website Revision Form must be completed and agreed upon. Please ensure you include any changes you may wish to make as this is your last opportunity to do so, provided for in your quote. We strongly recommended meeting with us.
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c) Please note that the Website Revision Form will be considered the complete brief for the second revision, so it is important that you include all of the updates / changes in detail. Your document should be sectioned into pages, as per your website pages.
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d) The client accepts that by not communicating with The Web Shack during the revision period, The Web Shack will accept the client’s silence as agreement to a finished product. In which case 40% of payment must be made by the client.
. - Additional Revisions
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a) Revision 2 will be considered the final draft, unless additional revisions are requested.
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b) Additional revisions will be quoted separately from the initial quotation. Work will only commence once the quote has been formally accepted.
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c) Please note that additional revisions will only be undertaken once the invoice for revision one and two has been settled. Additional revisions will be considered a new project.
. - Final Draft
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a) The client is sent the final draft along with a second invoice of 40% of the total fee.
. - Going Live – The Final Product
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a) The website will be taken live. Once it has checked and confirmed to be fully functional the client will receive an invoice for the final 10% payment.
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b) In order for a website to be taken live the client must have a registered domain and a working hosting environment. This can be obtained through The Web Shack (partnered with Go Daddy) at https://hostingshack/products/wordpress or alternatively, another service provider. Should the client choose to host through The Web Shack, once the signing up process and purchase of product has been completed, The Web Shack can take the website live.
Should the client wish to use another service provider The Web Shack will require Cpanel/FTP details – the client can obtain these from their service provider. Additionally, clients will need to ensure that the service provider has set up MySQL database before The Web Shack can take the site live.
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c) Only upon settlement of the full fee will the client be sent his/her login details
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d) Receipt of the final 10% marks the project complete. The website is now a live, complete and working final product.
. - Additional Changes
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a) Any additional changes or modifications the client would like The Web Shack to implement to the live website will be charged at the current hourly rate. The changes will fall into a new working cycle as they are considered a new project
. - Training
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a) Once the website has been taken live the client is entitled to a free 30 minute training session on ‘how to update and maintain’ their website moving forward.
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b) If the client requests further training The Web Shack consulting fee will be charged per 30 minutes thereafter.
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c) All training is done via Zoom or Microsoft Teams.
. - Improvement, development and maintenance
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a) Should the client wish to improve their online presence, please browse our online marketing solutions under the marketing tab at www.shack.co.za
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b) Should the client require The Web Shack to maintain their website, an hourly fee will be charged.
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The client needs to accept the quotation before any work will commence.
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Payment is to be paid in FULL after all changes are completed.
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Any changes or updates requested that take up to 4 hours to implement from our end have a turnaround time of up to 3 working days;
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Any updates that exceed 4 hours will have an added turnaround time of 1 working day per 2 hours. We understand that majority of updates or changes are urgent so we therefore will try our best to prioritise these changes or updates.
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Should a Client choose to maintain their own website, The Web Shack cannot be held responsible if anything breaks during content updates, plugin additions as well as theme updates. This also pertains to anything that the Client has chosen to edit without our knowledge and/or approval. Alternatively feel free to get The Web Shack to maintain your website at our hourly rate. If you choose to update your own website and in rare cases the website does break and is unfixable we can always restore a previous backup for you upon your request.
General Project Terms
- Themes, Plugins & Software
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a) The Web Shack builds their websites using the open source content management system (CMS) called WordPress, we are then obligated to abide by their terms of use which means if you choose to use The Web Shack’s services you accept these terms and warrant that The Web Shack will not be responsible for any damages or faulty software from WordPress.org.
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b) The Web Shack also builds their websites using premium third party themes and plugins, using reputable companies such as Themeforest or Codecanyon. Although these companies are trustworthy and meet current website standards, we cannot be responsible for any broken, faulty or damaged themes or plugins as we have no control over any third party software and or products.
. - Viruses & Outdated Websites
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a) The Web Shack takes all the security precautions on our Clients websites and includes the relevant security plugins as well as keeps its servers secure wherever possible. However we cannot guarantee the prevention of hacks, viruses or unexpected data deletion and cannot be held liable for any such damages as a result.
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b) The Web Shack cannot be responsible for any websites that have stopped working or have become faulty over time due to the website becoming “outdated”. Outdated websites can be affected due to many aspects, such as new browser software, outdated web code, etc. The Web Shack cannot be expected to keep your website updated in every aspect without being compensated to do so. In this situation the Client may opt to have their website redeveloped.
. - Refunds
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a) Should a client request their 50% deposit be returned within 5 working days of payment, and no longer require The Web Shacks services, The Web Shack will gladly process the refund. Deductions may apply for resources already spent on the project.
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b) If 5 working days have passed since payment, The Web Shack will not process refunds.
- Deposit Due
- Copywriting Terms
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Copy Writing Life Cycle
- You will receive a quote from The Web Shack.
- 50% deposit due.
- Meeting with The Web Shack copywriter to conceptualize and create a timeline for your project.
- 1 Page sample provided to you for review. (At this point you are looking at the overall writing style and tone.)
- Your comments and requested changes will be addressed.
- Revision 1 provided to you for review. (At this point you are looking at the flow of writing, inclusivity and accuracy of information and general improvements)
- Your comments and requested changes will be addressed.
- Revision 2 provided to you for review. (This is your final opportunity to make changes. At this point you want to fine tune and point out anything that bothers you about the copy.)
Please Note: Any changes requested past this point in the process will be charged to you per hour. We will notify you before doing work that will incur an extra cost. - Final changes will be made according to your request.
- 50% remaining fee due.
- Final copy will be handed over after full payment is made.
Please Note
- If you require copy to be written according to a style guide other than the Associated Press Style Book, this must be clearly stated in your first meeting with the Webshack copywriter. It is the client’s responsibly to provide any company specific style guides that may be needed. In the event that the client should fail to produce a copy of the required style guide, copy will be written according to the Associated Press Style Book.
Project timeline will vary according to project size and complexity.
This Life Cycle does not apply to monthly blog posts, articles, or copy shorter than 200 words.
- Online Marketing Terms
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Google Ads
- Monthly invoices will be issued on the 25th of the previous month and need to be paid by the 10th of the current month. Failure to do so may result in the client’s Google Ads account running out of budget. The Web Shack will not add any budget to a client’s account until payment has been made in full.
- 1 calendar month notice need to be given in writing to The Web Shack should you wish to terminate.
- Hours will be managed and assigned as The Web Shack deems appropriate unless otherwise requested by the client.
- Should the client request additional hours, a quotation will be sent before any work will be undertaken.
- The Web Shack reserves the right to reasonably deem what Google Ads activities are advisable and/or urgent based on their professional opinion.
Search Engine Optimization (SEO)
- Monthly invoices are to be paid within the first week of each month.
- 1 calendar month notice need to be given in writing to The Web Shack should you wish to terminate.
- In order to use our monthly SEO service your website needs to be built in WordPress.
- Some SEO activities may be forbidden by your host. The Web Shack will not undertake these activities. It is the responsibility of the client to be aware of the restrictions of their hosting provider.
- Hours will be managed and assigned as The Web Shack deems appropriate unless otherwise requested by the client.
- Should the client request additional hours, a quotation will be sent before any work will be undertaken.
- The Web Shack reserves the right to reasonably deem what SEO activities are advisable and/or urgent based on their professional opinion.
- SEO of individual products for e-commerce websites will be undertaken as a long term task.
Social Media Life Cycle
- Monthly invoice needs to be paid in FULL before The Web Shack will commence any social media work. Invoices need to be settled within the first week of each month.
- Should the client wish, they may arrange a meeting at this time to discuss ideas. All meetings are to be held at The Web Shack offices.
- 1 calendar month notice need to be given in writing to The Web Shack should you wish to terminate.
- Once payment is made, please allow for a two week lead period. In this time our digital marketing strategists will design content.
- The date of the first scheduled post will be dependent on the date that The Web Shack receives first proof of payment in full. This will be discussed in further detail between The Web Shack and the client once first payment is made, via e-mail.
- All prepared content and posts must be approved by the client BEFORE scheduling.
- Partnership & eCommercebuilder.co.za Terms
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Right to use reserved – PARTNER DIRECTORY
THE WEB SHACK PARTNER DIRECTORY is an online digital-focused directory. We expressly reserve the right to accept or decline any user listing based on appropriateness of content and/or security.
Right to use reserved – eCommercebuilder.co.za (Please note eCommercebuilder.co.za is fully owned and run by The Web Shack CC.)
eCommercebuilder.co.za is a website that offers WooCommerce (eCommerce) websites on a subscription bases. We expressly reserve the right to accept or decline any user based on appropriateness of content and/or security.
Payments
THE WEB SHACK PARTNER DIRECTORY and eCommercebuilder.co.za only accepts monthly credit card payments. Monthly payments are facilitated through our Payfast payment gateway who are an approved payment gateway for First National Bank South Africa. Payfast uses Extended Validation SSL with 256-bit encryption. Only two of the four major South African banks use this –the highest– level of encryption currently available. No credit card details are stored on the website. Customers may go to https://www.payfast.co.za/ to view more details on their security and credibility.
Cancellation Policy
- If you choose to cancel your subscription / partnership with THE WEB SHACK please be aware that ALL content, links and so forth that has been added be deleted.
- After cancellation with THE WEB SHACK your content, links and so forth will be kept under file in order to have a quick and timeless process should you wish to reinstate your account with THE WEB SHACK.
- Partnership clients only: Please be aware that once your profile is cancelled your spot is now open for another company to add their listing. Should you wish to reinstate your profile and the maximum limit is reached, you’ll need to wait until a spot reopens to reinstate your profile.
Please see steps below if you are looking to cancel your subscription:
- Register on Payfast by following: https://www.payfast.co.za/registration
- Add the email address that you used to subscribe with through THE WEB SHACK, and fill in the remainder of the form.
- Once you have registered, log into your account.
- Scroll over the transactions tab and click on subscriptions.
- You will view your subscription with THE WEB SHACK there. In order to cancel your subscription and monthly debit order simply press the cross (x) button under the actions tab.
Should THE WEB SHACK cancel your account? (Partnership clients only)
- THE WEB SHACK has the right to cancel or delete your account at any time;
– If we decide to close down our partners directory and or services we will give you one calendar month notice;
– If your listing, links or content violate any of our terms we have the right to take down your business from THE WEB SHACK website immediately;
– Please be sure to keep your website, service offerings and standard of work up to the highest level to avoid your listing being removed due to poor quality.
Limitation of Liability
THE WEB SHACK will not be held liable for any damages or injury that accompany or arise out of your use of any portion of our website. These include (but are not limited to) damages or injury caused by any:
- use of (or inability to use) our website, inclusive of hyperlink/s originating on our website,
- failure of our website to perform in the way you expected or desired,
- any error, omission or defect on our website,
- interruption of availability of our website,
- delay in operation or transmission of our website,
- computer virus or line failure.
Submission of online material to us
All observations, suggestions, ideas, graphics, comments, or other information or content (“submissions”) that you send to THE WEB SHACK through our site are licensed in terms of the Content Licensing provisions set out below. We don’t regard your submissions as confidential so please do not send us anything which is confidential. Submissions are published on THE WEB SHACK website which is public, as part of the usual operation of our website.
Disclaimer
Your use of this website and reliance on any website materials available on this website is entirely at your own risk. This website, including all website materials, is provided “as is”.
THE WEB SHACK does not represent or endorse the correctness or reliability of any advice, opinion, statement, or other information or work contained in, displayed on, linked to or distributed through this website or the website materials. By using THE WEB SHACK, you acknowledge that any reliance upon any such opinion, advice, statement or information will be at your own risk entirely. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the THE WEB SHACK website and the website materials at any time.
Information, ideas and opinions expressed on this website and in the website materials should not be regarded as professional advice or the official opinion of THE WEB SHACK and you are strongly advised to seek professional advice before taking any course of action related to such information, ideas and opinions.
To the fullest extent permissible by law, THE WEB SHACK disclaims all warranties of any kind, whether express or implied, including without limitation to the implied warranties of merchantability or fitness for a particular purpose, in respect of this website and the website materials. THE WEB SHACK does not warrant that the functions contained in this website or the website materials will meet your requirements or operate in every combination selected by you for use; will be uninterrupted, timely, secure or error free; that any defects or errors will be corrected; or that this website or the website materials or the server that makes them available is free of viruses or other harmful components. THE WEB SHACK does not warrant that this website or the website materials will provide specific results from use of this website or the website materials or any content, search or link within them or that the results that may be obtained from the use of this website will be accurate or reliable.
Whilst THE WEB SHACK takes reasonable precautions in its operation of this website, neither THE WEB SHACK nor its agents or representatives will assume any responsibility and neither THE WEB SHACK nor its agents or representatives (in whose favour this constitutes a stipulation for another) shall be liable for any damages to or for viruses that may infect your computer equipment or software or other property on account of your access to, use of or browsing of this website or the website materials or your downloading of any materials, data, text images, video or audio from this website or the website materials. Any material downloaded or otherwise obtained through the use of this website or the website materials is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
By use of THE WEB SHACK website you further agree that –
under no circumstances whatsoever, including as a result of THE WEB SHACK negligent acts or omissions or those of its employees, agents or contractors, will THE WEB SHACK or its employees, agents or contractors be liable for any direct, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss, damage or damages of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable), including but not limited to any infringement of your intellectual property rights, loss of profits, loss of revenue, loss of operation time, corruption or loss of information or data and/or loss of contracts sustained by you, your directors, employees, dealers or customers, resulting from your use of, or inability to use, the website or the website materials.
Notwithstanding the law of prescription, by use of our website you agree that no claims or legal action arising out of, or related to, the use of this website, the website materials or these terms and conditions of use may be brought by you more than 1 (one) year after the cause of action relating to such claim or legal action arose.
Indemnity
You hereby indemnify THE WEB SHACK and its officers, directors, employees, agents or contractors or other persons for whom in law THE WEB SHACK may be liable (in whose favour this constitutes a stipulation for another) from any loss, damage, damages, liability, claim or demand due to or arising out of your use of this website or the website materials or your breach of these terms and conditions of use.
THE WEB SHACK is not responsible for files and data related to, accessible from or in connection with your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on THE WEB SHACK servers.
User profiles on THE WEB SHACK may contain links to other websites, web pages or other Internet-based content, services or references to content or services which are not Internet-based. Unless the website, web page, content or service to which we have provided a link is held, administered or otherwise offered by us and is subject to the provisions of these Terms and Conditions, we shall bear no responsibility or liability for the content or services provided. The existence of a link or reference from THE WEB SHACK to any other website, web pages or other content or service belonging to or operated by third parties does not constitute our endorsement, recommendation or approval of such website, web page or services and content displayed on such link, nor does it constitute any association by THE WEB SHACK with such web pages or service providers’ owners or operators. THE WEB SHACK has no control over such linked websites and is not responsible or liable for any content, information, goods or services available on or through any such linked websites or for any damage, damages or loss caused or alleged to be caused by or in connection with your use of, or reliance on, any such content, information, goods or services available on or through any such linked websites. By use of our site you agree that, where you access linked websites, you do so entirely at your own risk.
Privacy
This Privacy policy applies to personal data concerning users, subscribers or advertisers, submitted to or collected by THE WEB SHACK. This Privacy Policy is applicable to all users, irrespective of whether they are visiting our website, transacting by way of our website or have an existing contractual or other legal relationship with us. We will treat your personal information obtained through your use of the website as private and confidential.
We will not disclose your personal information to third parties without your express permission unless -we share data with third parties to help us perform statistical analysis, send you correspondence, provide support or arrange for deliveries. Whenever we use third parties to provide services, which may allow them access to your personal Information, we will endeavour to bind them to our privacy policy.
Collection of information
We may collect personally-identifiable information given to us, for example your e-mail address, name, home or work address, telephone number/s, membership numbers. This information is used to operate our website and to transact and communicate with you. We may also collect anonymous demographic information, which is not unique to you, such as your geographical location, age, gender and certain preferences. This information may also be matched against our other records for purposes of identity verification and analysis.
There is also certain limited information about your computer hardware and software that is automatically collected by us, including your IP address, browser type, domain name/s, access times and referring website addresses. This information is used for operational reasons only, such as maintaining quality of service, and to provide general statistics regarding use of our website.
Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through public message boards, this information may be collected and used by others.
We may track our website and the web pages that you visit in order to determine what services are the most popular. This data is used to deliver customised content and allocate resources and development.
Users’ or advertisers’ Code of Conduct
By use of our website you agree to adhere to generally acceptable Internet and e-mail etiquette. Amongst exercising other generally acceptable Internet and e-mail etiquette, you therefore agree to:
not engage in any abuse of e-mail or spamming, including but not limited to –
– posting or cross-posting unsolicited articles with the same or substantially the same message to recipients that did not request to receive such messages, and
– inviting people who you may be connected to using services outside THE WEB SHACK to join THE WEB SHACK where those people may not want to receive such invitations or similar communications (in other words, you will make sure your contacts on other services want to receive, or don’t mind receiving, invitations to join THE WEB SHACK or other communications you send them from THE WEB SHACK).
- Monthly Payment Websites
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Once Off Payment
When you sign up for a monthly payment website, there is a once-off setup fee for the development of the website. Please view our Website Design Terms for all the information on our website designs.
Monthly Payments
For the monthly payments, we only accept monthly credit / debit card payments. Monthly payments are facilitated through our Payfast payment gateway who are an approved payment gateway for First National Bank South Africa. Payfast uses Extended Validation SSL with 256-bit encryption. Only two of the four major South African banks use this –the highest– level of encryption currently available. No credit card details are stored on the website. Customers may go to https://www.payfast.co.za/ to view more details on their security and credibility.
Cancellation Policy
- If you choose to cancel your subscription with THE WEB SHACK please be aware that ALL website files and domain will be taken down.
- After cancellation with THE WEB SHACK your files will be kept under file in order to have a quick and timeless process should you wish to reinstate your account with THE WEB SHACK.
- If you choose to cancel your subscription and would like to move your website elsewhere, you will need to purchase the website from us at our once off payment website design prices, minus the setup fee you already settled.
Please see steps below if you are looking to cancel your subscription:
- Register on Payfast by following: https://www.payfast.co.za/registration
- Add the email address that you used to subscribe with through THE WEB SHACK, and fill in the remainder of the form.
- Once you have registered, log into your account.
- Scroll over the transactions tab and click on subscriptions.
- You will view your subscription with THE WEB SHACK there. In order to cancel your subscription and monthly debit order simply press the cross (x) button under the actions tab.
Should THE WEB SHACK cancel your account?
- THE WEB SHACK has the right to cancel your account, If your website, links or content violate any of our terms and conditions. If our terms are violated we have the right to take down your business from THE WEB SHACK immediately.