TERMS & CONDITIONS AND DESCRIPTION OF SERVICES
1.INTERPRETATION AND DEFINITIONS
1.1 In this agreement, unless inconsistent with or otherwise indicated by the context:
1.1.1 Screentime Digital (Pty) Ltd (Registration no. 2019/148822/07), a company registered according to the laws of South Africa;
1.1.2 “Quotation” is the corresponding quotation accepted by the Client;
1.1.3 “Client” is the person identified in the Quotation;
1.1.4 “Parties” are Screentime Digital and Client;
1.1.5 “Signature Date” means the date of acceptance of the Quotation by the Client;
1.1.6 “Payment Day” means the day of each month on which payment will be processed, as detailed in the Quotation;
1.1.7 “Services” are the services detailed in the Quotation;
1.1.8 “Website” is the domain detailed in the Quotation and related lower-level pages;
1.1.9 “Confidential Information” means:
22.214.171.124 Information contained in the reports provided to Client hereunder; and
126.96.36.199 Information generally relating to the processes, methodology and systems employed by Screentime Digital in providing the Services that is disclosed to Client by Screentime Digital, or to which Client may be exposed either during or following termination of this agreement;
1.1.10 “Schedule” means, in respect of each Service category selected in the Quotation, the corresponding schedule attached to this agreement;
1.1.11 “Day” is a calendar day, but excluding Saturdays, Sundays and official South African public holidays;
1.1.12″CPA” is the Consumer Protection Act no. 68 of 2008; and
1.1.13″ Cancellation Penalty” means: (i) for Website Development Services: all outstanding Monthly fee instalments; (ii) for Monthly Services: n/a; and (iii) for all other Services: an amount equal to one Monthly fees and any arrears amounts invoiced at the time of cancellation.
1.2.Words in the singular include the plural and vice versa.
1.3 Words importing any one gender include each of the other two genders.
1.4 The headings of the clauses are intended for convenience only and do not affect the interpretation of this agreement.
1.5 References to Schedules are references to schedules attached hereto.
2.1 Screentime Digital offers various services relating to branding, website development, website maintenance, search engine optimisation, digital advertising, copyrighting, google services, social media and website hosting, and Client wishes to engage Screentime Digital to provide such services as detailed herein.
2.2 This agreement regulates the Services to be provided by Screentime Digitalt o Client and the Parties’ rights in the outcomes of such Services.
In the case of conflict between the wording of any item in: (i) the Quotation and a clause in this Terms & Conditions, the former (i.e. the wording in the Quotation) will prevail; and (ii) any of the Schedules and a clause in this agreement, the latter (i.e. the wording of the clauses in this agreement) will prevail.
4. SELECTION AND COMMENCEMENT OF SERVICES
4.1 Client hereby engages Screentime Digital to provide the services, which engagement Screentime Digital accepts.
4.2 In respect of each Service selected in clause 4.1, irrespective of the Signature Date, such Service will be provided as from the date of receipt by Screentime Digital of the Setup Fee (if any) in the Quotation.
5. SUPPORT AND IMPLEMENTATION OF SUGGESTED STEPS
5.1 Screentime Digitalshall provide Client with reasonable support via email or telephone in respect of the Services.
5.2 5.2 Unless otherwise specifically provided for in this agreement, should Client wish to engage Screentime Digital to carry out any suggested steps or Website modifications (whether contained in reports or otherwise communicated to Client), such additional services will form the subject of an agreement separate to this agreement.
6. PAYMENTS AND INTEREST
6.1 In consideration for the Services, Client shall pay Screentime Digital:
6.1.1.the set-up fee(s) as detailed in the Quotation and the once-off fee(s) corresponding to such Services (including Optional Services) (as detailed in the Quotation), within 5 Days following the Signed Date;
6.1.2 A Company monthly fee compromising this Monthly fee as per Quotation and the monthly fee corresponding to such Optional Services as per the Quotation, which compound monthly fee is payable on the payment day of the month in which the Commencement Date occurs and each subsequent month throughout the term of the agreement
6.1.3 Such additional amounts for Optional Services as Screentime Digital may invoice from time to time in accordance with the Quotation and Schedules which additional amounts are payable within 10 days.
6.2. All amounts which Client is required to pay Screentime Digital in terms of this agreement and which are not paid on the due date will bear interest at 12% nacm (notional annual compounded monthly). Interest will be calculated on a monthly basis in arrears from the due date of payment and will be compounded. Screentime Digital’s right to charge interest on outstanding amounts will not detract from any other rights that Screentime Digital may have in law or in terms of this agreement.
6.3 Should Client fail to make timely payment of amounts payable to Screentime Digital in terms of this agreement, Screentime Digital may suspend services hereunder and takedown / suspend the Client’s website(s), Google Places, Social Media Pages, Email Accounts and YouTube channels pending full payment by the Client.
6.4 All monthly fee(s) are payable in advance of the provision of related Services by Screentime Digital.
6.5 In respect of each Service, the monthly fee will automatically increase by 10% on each anniversary of its Commencement Date, compounded.
6.6 Client shall make payment of all amounts in terms of this clause 6 into the following bank account
Account name: Screentime Digital (Pty) Ltd
Bank: First National Bank
Branch code: 250-655
Account number: 62802154310
7. TERM, TERMINATION AND CANCELLATION
7.1 This agreement commences on the Signature Date and will remain in force for a period of:
7.2 If the Client is a juristic person (as defined in the CPA), a period of 12 or 24 months calculated from the last Commencement Date as per quotation;
7.3 If the Client is not a juristic person (as defined in the CPA), a period of 12 or 24 months calculated from the Signature Date as per quotation.
Thereafter, this agreement will automatically continue in force for further one month periods unless: (i) terminated by Screentime Digital or Client by giving the other Party at least 60 days written notice of termination; or (ii) otherwise cancelled in terms of clause 7.3.
7.4 Should s14 of the CPA apply to this transaction, in addition to the right, Detailed in clause 7.1 and the right to cancel as provided for in clause 7.3 the client will enjoy the right to cancel this agreement in terms of s14 of the CPA. 1. Furthermore, the client enjoys the right to rescind this agreement in terms of the CPA. In the event of cancellation in terms of s14 Client acknowledges that:
7.4.1 Screentime Digital may levy a Cancellation Penalty in respect of each service.
7.4.2 The Cancellation Penalty accounts for:
188.8.131.52 Services provided by Screentime Digital prior to the cancellation of this agreement, but the cost of which Screentime Digital anticipated recouping during the term of this agreement; and
184.108.40.206 Discounts provided by Screentime Digital to the customer in contemplation of this agreement enduring for its intended fixed term; and
220.127.116.11 The Cancellation Penalty is reasonable.
7.5 Should Client be in breach of this agreement, Screentime Digital may communicate such breach to the Client and should the Client fail to remedy such breach within 10 days of such communication, Screentime Digital may cancel this agreement. Cancellation of this agreement by Screentime Digital will not derogate from Screentime Digital’s rights to receive amounts owing hereunder (including Cancellation Penalties).
8.1 Transfer of website: Subject to full payment of the Cancellation Penalty or any other amount payable under this agreement to Screentime Digital, Screentime Digital shall upon the termination of this agreement transfer the website developed by Screentime Digital hereunder to a server nominated by the client. This clause will survive the termination or cancellation of this agreement for any reason whatsoever.
8.2 Acknowledgement: Client acknowledges that the cost to develop the website has been spread over the following payments (the setup fee and/or Twelve Monthly fee instalments.)
8.3 Copyright: Subject to full payment of the Cancellation Penalty (if applicable), Ownership in copyright that subsists in works authored by Screentime Digitalhereunder vests in Client and Screentime Digital hereby assigns such copyright to Client with effect from the date of termination of this agreement. This clause will survive the termination or cancellation of this agreement for any reason whatsoever.
9. WEBSITE MAINTENANCE AND SEARCH PAGE OPTIMISATION
9.1 Acknowledgement and Recorders
9.1.1 Client acknowledges that:
18.104.22.168 Optimised website maintenance services and dependent on ranking mechanisms and criteria applied by search engines.
22.214.171.124 Such ranking mechanism and changes thereto are largely maintained secret by search engines
126.96.36.199 The ranking mechanisms and criteria and changes thereto are largely maintained secret by search engines
As such Screentime Digital makes no guarantee or representation that the website will be most optimised website available or that the Website Google ranking will improve.
9.1.2 Client also records that:
188.8.131.52 It is aware of risks associated with Search Engine Optimisations (SEO) including, without limitation, penalization by search engines of website that search engines consider to be abusing its ranking; and
184.108.40.206 Screentime Digital has no control over website maintenance or SEO activities post termination of this agreement.
9.2 Client holds Screentime Digital harmless in respect of any event relating to the Website that occurs after termination of this agreement.
9.3 Client agrees to Screentime Digital making such changes to the Website as provided herein.
9.4 Client shall within 2 days following the signature date provide access details to the website Google Analytics account to Screentime Digital.
9.5 Client undertakes during the term of this agreement not to make any changes directly to the Website (including adding content to the Website). All such updates are to be sent to Screentime Digital and effected by Screentime Digital.
9.6 Clauses listed above will survive cancellation or termination of this agreement for any reason whatsoever.
9.7 Support and implementation of suggested steps: Unless otherwise specifically provided for in this agreement, should Client wish to engage Screentime Digital to carry out any suggested steps or Website modifications (whether contained in reports or otherwise communicated to Client) that are not included in the definition of Maintenance Services, such additional services will form the subject of an agreement separate to this agreement.
10. SEARCH ENGINE OPTIMISATION
10.1 Acknowledgements and Records
10.1.1 Client acknowledges that:
10.1.1.1 SEO is dependent on ranking mechanisms and criteria applied by search engines (such as Google);
10.1.1.2 Such ranking mechanisms and criteria continually evolve; and
10.1.1.3 The ranking mechanisms and criteria and changes thereto are largely maintained secret by search engines.
As such, Screentime Digital makes no guarantee or representation that the Website will be the most search engine optimised website available or that it will achieve a number one ranking.
10.1.2 Client also records that:
10.1.2.1 It is aware of risks associated with SEO including, without limitation, penalisation by search engines of websites that search engines consider to be abusing its ranking mechanisms; and
10.1.2.2 Screentime Digital has no control over Website SEO activities post termination of this agreement.
10.1.2.3 Client holds Screentime Digital harmless in respect of any event relating to the Website that occurs after termination of this agreement.
10.1.2.4 Client agrees to Screentime Digital making such changes to the Website as provided in this document.
10.1.2.5 Clauses listed above will survive cancellation or termination of this agreement for any reason whatsoever.
10.1.3 Article Submissions
10.1.3.2 Screentime Digital shall in its sole discretion: Create articles (up to the number detailed in Schedule 4-2) with unique content relating to the clients’ products and services; and
10.1.3.3 Submit such articles to content distribution services for publication on the internet.
10.1.4 Screentime Digital shall on a monthly basis create posts (up to the number detailed in Schedule 4-2) on blogs relating to the client’s
Company. Each post will include either a reference to the Client’s name or the Keyword.
11. GOOGLE ADS
11.1 Screentime Digitals hall provide the following Online Advertising services to Client (“Google Ads”):
11.1.1 Setup a Google Ads account for the Website;
11.1.2 Review keywords and select appropriate keywords for the Client’s Google Ads campaign;
11.1.3 Create ad groups;
11.1.4 Manage the Client’s Google Ads campaign; and
11.1.5 Prepare monthly reports detailing the past month’s Google Ads activity.
11.2 Setup and Monthly Fees
11.2.1 The setup fee for these Services includes the setup fee as per the Quotation
11.2.2 The monthly fee under this includes:
220.127.116.11 The monthly Ads Spend as per the Quotation; and
18.104.22.168 Monthly management fees calculated at a percentage of the monthly Ads Spend as per the Quotation.
11.2.3 The Monthly fee is payable in respect of each month of the Initial Period and roll-on extension periods, provided that such instalments will terminate upon termination or cancellation of this agreement.
11.2.4 The monthly AdWords Spend is payable by Screentime Digital to Google in respect of the Client’s Google Ads account. Should amounts payable to Google be less than the Ads Spend, such shortfall will roll-over into the following month(s). The client will have no claim to reimbursement of such shortfall.
11.2.5 No Google Services will be initiated by Screentime Digital until the Setup fee, first full Ads spend as per quote are received by Screentime Digital. Future Google Ads Services will be suspended if subsequent Ad Spend and Management Fees are not received by Screentime Digital in advance.
12. SOCIAL MEDIA ADVERTISING
12.1 Screentime Digital shall provide the following social media advertising services to Client (“Social Media Advertising Services”) in consideration for the Setup and Monthly Fees as described in the quotation
12.1.1 Setup a Social Media accounts for the Website;
12.1.2 Review strategy and select appropriate keywords or targeting for the Client’s Social Media Ads campaign;
12.1.3 Create ad groups;
12.1.4 Manage the Client’s Social Media accounts Ads campaign; and
12.1.5 Prepare monthly reports detailing the past month’s Social Media Ads activity.
12.2 Setup and Monthly Fees
Use of Site
You may only use this site to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchases. This site and the content provided on this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. ‘Deep-linking’, ’embedding’ or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.
Disclaimer of Warranty
The contents of this site are provided “as is” without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement.
The owner of this site, the authors of these contents and in general anybody connected to this site in any way, from now on collectively called “Providers”, assume no responsibility for errors or omissions in these contents.
The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility.
The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.
We reserve the right to:
1. modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
2. change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
3. We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
All the information gathered in the online forms on the website is used to personally identify users that subscribe to this service. The information will not be used for anything other that which is stated in the Terms and Conditions of use for this service. None of the information will be sold or made available to anyone.
The Site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Web site from which you linked directly to our site. This information is used to help improve the Site, analyze trends, and administer the Site.
The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customise the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
As the fabric samples and supplier change seasonally and our website images may not be updated on a quarterly basis, after placing and paying for your order, please await an email from firstname.lastname@example.org confirming the availability of your choice of fabric or design.
Although we have tried our best to take a picture which represents the actual look of every product, but still a picture might not exactly look the same as you see it with your own naked eyes.
We strongly recommend our customers to come and visit us in our showroom and see and touch the lustre of interested product if they live in Gauteng and it is possible for them.
Once you have put your order, we can discuss and confirm delivery options by email or WhatsApp.
Since Screentime Digital pieces are so exquisite yet breakable, we only offer delivery using our own logistics and not a third-party. We charge a standard delivery fee of R500 in Gauteng and R1500 anywhere else in the Republic of South Africa. International deliveries are quoted separately. Our internal delivery is a recommendation that can be declined. To which, we are no longer liable for any damage caused during delivery.
When you click to make a purchase with us legal obligations arise and your right to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our terms and conditions. You must not make any purchase through this site unless you understand and agree with all our terms and conditions. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such a purchase. If you have any queries please contact us on email@example.com before making any purchase for any product or service through this website.
Please ensure the correct shipping address is provided from the outset as the title and risk will pass to you once the order has left our premises if we agree to deliver.
Occasionally packages are returned to us undeliverable. Should this event take place every attempt will be made to contact you to make arrangements for re-shipment (which will be for your account for each attempt made).
Order processing will not begin until we receive a confirmed order and full payment.
Should you for any reason wish to cancel your purchase you will be liable for a 15% of your total purchase handling fee. You must advise us in writing of your cancellation and any such cancellation must be signed by the person who made the original purchase. The goods must be returned to us undamaged in the original packaging within 14 calendar days.
* Note: Screentime Digital recommends that you either use our internal delivery/collection services or Speed Services Couriers (South African Postal Services) for all returns as it offers shipment tracking through a 24 hours customer helpline. Should you choose to use a carrier that does not offer a tracking facility and the goods are lost then no refund or return will be considered.
International customers should make use of a courier that offers:
1. Shipment tracking.
2. Insure your package for safe return and declare the full value of the shipment failing which loss or damage will be for your account.
Disclosure of outlet country at the time of payment
Payment Options and Pricing
All transactions will be processed in South African Rands (ZAR).
Screentime Digital endeavours to offer you competitive prices on current products; your total order price will include the price of the purchase plus any applicable sales tax.
Screentime Digital reserves the right to change pricing at any time without prior notice.
Should Screentime Digital reduce its price on any shipped products within 10 working days of shipment, you may contact us and request a refund of the difference between the price you were charged and the reduced selling price. To receive the refund you must contact us within 14 days of shipment.
We accept MasterCard and Visa credit cards via PayFast. If you do not have a credit card at the moment or are experiencing a glitch please utilise one of the other payment options, or simply log off and return to the site at a later time to complete your order. All of your order details will be saved online under the Your Account section available for use whenever you’re ready!
EFT (Electronic Fund Transfer)
One of the most widely used ways of sending money online. Once you have added enough items to your shopping cart, proceed to “Checkout” and follow the order processing instructions. Select the option to pay via EFT. You will then have to load Screentime Digital as a beneficiary on your internet banking and use the unique order number in the reference line for your payment. This should ensure speedy processing and delivery of your selected products.
Bank : FNB
Branch No. : 255355
Account Name : Screentime Digital (PTY) Ltd
Account No. : 62802154310
Account Type : Business Account
You may pay for your products through a direct deposit. It’s exactly the same as doing an EFT payment, except you’ll have to go into your bank and physically make your direct deposit there. Please email firstname.lastname@example.org your deposit slip to ensure your payment is confirmed and order shipped as quickly as possible.
Bank : FNB
Branch No. : 255355
Account Name : Screentime Digital (PTY) Ltd
Account No. : 62802154310
Account Type : Business Account
For more information about how to order, special order requirements and other payment options, please contact our Support Team 011 468 1408 or email email@example.com.
1. PayFast processes all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted.
2. PayFast is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. PayFast servers are protected by firewalls and intrusion detection systems.
3. The Merchant does not have access to credit details.
4. PayFast continually reviews and enhances its security in line with technological changes.
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
The Conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
Updating of these Terms and Conditions
We reserve the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
I understand that all the designs and trademarks are registered to Screentime Digital (PTY) Ltd. and hereby accept the terms and conditions. I undertake not to copy/duplicate the trademarks and designs directly or indirectly in any way and understand the legal implications thereof. Should I be found to be in violation of this agreement I understand that I will be held liable for all legal costs incurred by Screentime Digital (PTY) Ltd. for any civil action or any legal action deemed necessary against me.