Call: 041 373 7989
Address: 22 King Edward Street, Newton Park, Port Elizabeth
Terms and Conditions
  1. GENERAL

1.1 These terms and conditions form the entire agreement between 4TECH IT SOLUTIONS (“4TECH”) and the Customer (“the Customer”) whose name appears on the Application for Credit, relating to the sale and purchase of goods or services appearing on the invoice (“the Goods”). Where a prior written agreement, credit application, surety agreement (but not a software license agreement), exists between 4TECH IT and the Customer, with respect to goods, the provisions of that agreement shall in all cases prevail over these terms and conditions, except in the instance where such prior written agreement would result in the National Credit Act 34 of 2005 having application.

1.2 In the event that the Customer enters into a license to use any software and/or data comprised in the goods or services appearing on any invoice, these terms and conditions shall continue to have effect but the terms of such license shall be read together with these terms and conditions and in the event of a conflict then such license terms shall, in so far as the conflict exists, prevail over these terms and conditions in relation to such conflict.

1.3 Orders are accepted by 4TECH IT SOLUTIONS subject to availability of stock. 4TECH IT SOLUTIONS reserves the right to deliver the goods in two or more installments.

1.4 4TECH IT SOLUTIONS reserves the right to withhold further supplies in the event of any breach of any of these terms and conditions or for any other reason which 4TECH IT SOLUTIONS considers warrants such actions, in which event the customer agrees that 4TECH IT SOLUTIONS shall not be liable for any consequential damages suffered by the customer as a result of such withholding of supplies for whatsoever reason. The Customer hereby indemnifies 4TECH IT SOLUTIONS in this regard in respect of all or any such claims made by third parties as a result of such withholding of supplies for whatsoever reason.

  1. PAYMENT

2.1 The purchase price of the goods shall be paid by the customer to 4TECH IT SOLUTIONS without any deduction or set off within the period stipulated on the invoice.

2.2 If more than one delivery is made, then each delivery will be invoiced and shall be paid for separately in accordance with

2.3 4TECH does not extend credit to any Customer in terms of the National Credit Act, and all accounts due are payable within 30 days of date of invoice.

2.4 In the event of a dispute with regard to part of any amount owing in respect of any invoice, the Customer shall nevertheless forthwith pay the undisputed amount of such indebtedness according to the agreed terms of payment.

2.5 All goods supplied by 4TECH IT SOLUTIONS to the Customer shall remain the property of 4TECH IT SOLUTIONS until the purchase price in respect thereof has been paid in full.

  1. DISCOUNTS

3.1 The price of the goods sold to the Customer is strictly net and not subject to any discounts or set offs unless otherwise agreed to in writing by 4TECH.

3.2 If any discount is agreed to in writing it shall only apply to the actual price of the goods themselves and not to the value-added tax, transport costs, insurance, storage charges or other duties or taxes. Discounts will not be allowed on overdue payments.

  1. DELIVERY

4.1 Delivery shall be completed when the goods are off-loaded at the destination stated by the Customer if the goods are to be transported by means of 4TECH’S vehicle, or delivery shall be completed when the goods are loaded if they are to be transported by the Customer or delivery shall be completed when the goods are loaded into a carrier engaged (whether by 4TECH or the Customer) to transport the goods to the Customer, provided, however, that if the goods are forwarded to the Customer by means of normal post, it will be assumed that the goods were delivered to the Customer unless the Customer notifies 4TECH in writing within a period of 30 (thirty)days from the date of the invoice that it did not receive the goods. It would further be assumed that the consumer had inspected the goods and accepted the quality of the goods.

4.2 Should 4TECH, at the Customer’s request, agree to engage a carrier to transport the goods to the Customer, then (a) 4TECH is authorized to engage a carrier on such terms and conditions as it deems fit (b) the Customer indemnifies 4TECH against all demands and claims which may be made against it by the carrier so engaged and all liability which 4TECH may incur to the carrier arising out of the transportation of the goods.

4.3 The risk in the goods shall pass to the Customer on delivery of the goods as provided above. It is furthermore agreed that the Transport Agent acts as Agent for and on behalf of the Customer. Delivery to the Transport Agent, will constitute a delivery to the Customer and the Agent must inspect the goods on behalf of the Customer.

4.4 4TECH shall not be liable under any circumstances for any complaint or claim for any alleged shortage in delivery or defect in the goods after delivery to the Customer or the Customer’s agent.

4.5 The signature of the employee or agent of the Customer which appears on 4TECH official delivery note or way-bill or delivery note of any authorized independent carrier, shall constitute conclusive evidence of delivery of the goods purchased.

4.6 If more than one delivery is to be made then the provisions of this clause 4 shall apply to each delivery.

4.7 Time of the delivery shall not be of the essence, although all reasonable steps will be taken to ensure timely performance and the Customer will receive notice of any unreasonable delay.

  1. SET OFF

5.1 In the event of 4TECH or any holding or subsidiary or fellow subsidiary or other division of 4TECH, becoming indebted to the Customer, 4TECH may set off such indebtedness against any monies which may be or become owing by the Customer to 4TECH.

  1. EXCLUSIONS

6.1 4TECH’S liability to the Customer for any damages sustained by the Customer from any cause whatsoever including any damages arising out of 4TECH’S negligence or that of the servants, agents or sub-contractors shall in any event and under all circumstances, be limited to the replacement at 4TECH’S premises of the goods which, at the date of delivery thereof, are subject to a patent defect arising from defective materials.

6.2 Except as provided in 6.1 above, 4TECH shall in no circumstances whatsoever be liable for any loss of profit or any damage direct or indirect, consequential or otherwise sustained by the Customer whether or not caused by the negligence of 4TECH, its agents or employees.

6.3 Insofar as any of 4TECH’S obligations under the contract are carried out by any of the servants, agents, subcontractors, associates or subsidiaries, the provision of 6.1 and 6.2 above are stipulated for their benefit as well as for 4TECH and each of them are hereby indemnified and exempted by the Customer from any such liability.

6.4 The Customer shall not have any claim of any nature whatsoever against 4TECH for any failure by 4TECH to carry out any of its obligations under its contract with the Customer as a result of causes beyond 4TECH’S control, including, but without being limited to, any strike, lockout, shortage of labour or materials, delays in transport, accidents of any kind, any default or delay by any sub-contractor or supplier of 4TECH, riot, political or civil disturbances, the elements, any act of any State or Government, any delay in securing any permit consent or approval required by 4TECH for the supply of goods under the contract or any other authority of any other cause whatsoever beyond 4TECH’S absolute and direct control.

  1. WARRANTY

7.1 Same as provided for in clause 6.1 all the goods are in good working order, are of a good quality and without defects.

  1. DEFAULT

8.1 Should the Customer default in paying his account strictly on due date or commit a breach of any of the terms or conditions of his contract with 4TECH or, being an individual, die or be provisionally or finally sequestrated or surrender or make application to surrender his estate or commit any act of insolvency; or being a partnership, the partnership is terminated or commits any act of insolvency; or being a company or close corporation is placed under a provisional or final order of liquidation or judicial management; or is placed under business rescue; or has a judgment recorded against it which remains unsatisfied for seven days, or compromises or attempts to compromise generally with any of the Customer’s creditors; or enters into any transaction which has the effect of changing the beneficial ownership of the customer’s business; or if the Customer is a company or close corporation enters into a transaction which has the effect of a change in the effective control of the company or close corporation; then, without prejudice to any other right may have; (a) 4TECH shall be entitled, but not compelled, forthwith to demand that the whole amount outstanding by the Customer from whatsoever cause arising, be paid immediately; and (b) 4TECH shall furthermore be entitled to cancel any agreement which exists between it and the Customer suspend the carrying out of any of its then uncompleted obligations, in which event the Customer shall have no claim or claims whatsoever nature against 4TECH arising out of. Initial such cancellation or the suspension by 4TECH to carry out any obligations.

8.2 4TECH’S rights in terms of 8.1 above shall not be exhaustive and shall be in addition to its common law rights.

8.3 No relaxation which 4TECH may have permitted on any one or more occasion in regard to the carrying out of the Customer’s obligations shall prejudice or be regarded as a waiver of 4TECH’S rights to enforce its obligations on any subsequent occasion.

8.4 Upon the cancellation of the contract between 4TECH and the Customer for any reason whatsoever: (a) All amounts then owed by the Customer to 4TECH from any cause whatsoever shall become due and payable forthwith; and (b) 4TECH may retake possession of all the goods in respect of which ownership has not yet passed.

  1. JURISDICTION

9.1 The Customer agrees that 4TECH shall be entitled but not obliged to institute any proceedings against the customer arising out of its contract with the Customer for the full balance outstanding in any Magistrate’s Court having jurisdiction over the Customer from time to time notwithstanding that the claim or the value of the matter in dispute may exceed the jurisdiction of the Magistrate’s Court. Further, the Customer agrees to be liable for all legal costs including costs on the scale as between attorney and his own client and collection charges and tracing fees.

9.2 A certificate by any director or manager of 4TECH showing the amount due and owing by the Customer to 4TECH at any given time shall be prima facie evidence of the amount due by the Customer and such certificate shall be sufficient for purposes of judgment, summary judgment or provisional sentence or other legal proceedings.

  1. DOMICILIUM

10.1 The Customer nominates its physical address as reflected on the face of the Application to Credit to which these Terms and Conditions are annexed, as its domicilium citandi et executandi for service upon it of all notices and processes whether in connection with any claim or any sum due to 4TECH or otherwise.

  1. NEGOTIABLE INSTRUMENTS

11.1 Any promissory note, bill of exchange or other negotiable instrument received by 4TECH from the Customer shall not constitute a novation of the debt for which it is given to 4TECH.

  1. RETURN OF THE GOODS

12.1 If, in the exercise of its discretion, 4TECH shall agree, at the written request of the Customer, to accept the return of any of the goods, which goods were correctly supplied by 4TECH and are not faulty or subject to any claim. In such event, 4TECH shall be entitled to claim from the Customer a handling charge of 10% (ten per centum) of the invoice price of the goods so returned. Nothing in this clause detracts from any customer his rights in terms of the Consumer Protection Act 68 of 2008.

  1. INSURANCE

13.1 With effect from the date of delivery of the goods to the Customer, or its agent (as defined in this agreement), the Customer shall at all times keep the goods sold to it adequately insured against all forms of loss.

13.2 Pending payment to 4TECH for the goods purchased, all benefits in terms of the insurance policy relating to the insurance of such goods are hereby ceded to 4TECH.

  1. LAW APPLICABLE

14.1 The Laws of the Republic of South Africa are the laws applicable to this agreement.

  1. CESSION OF DEBTORS

15.1 The Customer does hereby irrevocably and in rem suam cede, pledge, assign transfer and make over unto and in favour of 4TECH all its right, title, interest, claim and demand in and to all claims of whatsoever nature and description and however arising which the Customer may now or at any time hereafter have against all and any person, companies, corporations, firms, partnerships, association, syndicates and other legal personae whomsoever (“debtor’s debtors”) without exception as continuing covering security for the due payment of every sum of money which may now or at any time hereafter be or become owing by the Customer to 4TECH from whatsoever cause arising and for the due performance of every other obligation howsoever arising which the Customer may be or become bound to perform in favour of 4TECH.

15.2 Should it transpire that the Customer entered into prior deeds of cession or otherwise disposed of any of the right, title and interest in and to any of the debt which will from time to time be subject to this cession, then this cession shall operate as a cession of all the Customer’s reversionary rights.  Initial

15.3 The Customer hereby undertakes that, if and whenever 4TECH will so require, the Customer will, not later than the 7th day of every month, deliver to 4TECH a schedule supplied by a director of all amounts which will have been owing to the Customer by its debtors on the last day of the preceding month reflecting thereon the amounts so owing by each debtor and the name and last known address of such debtor.

15.4 Whether or not the Customer’s debtors will have been notified of the cession of all sums of money which the Customer will collect from its debtors or any of them shall be collected and received by the Customer as agents on 4TECH’S behalf provided that 4TECH shall be entitled at any time to terminate the Customer’s payments on account of the debts in respect of which the Customer’s mandate has been terminated.

15.5 The Customers agrees that 4TECH shall be entitled at any time or times hereafter to give notice of its cession to all or any of the Customer’s debtors and to take such steps as they may deem for to recover the amounts respectively owing by the Customer’s debtors to the Customer from time to time and for the time being provided that 4TECH shall be obliged to refund any amounts to the Customer which is in excess of the amount to which the Customer will at that stage be indebted to 4TECH.

15.6 The Customer warrants that 4TECH will at all times, while this cession remains in force, be entitled through its duly authorised representatives to inspect all or any of the Customer’s records relating to any of the debts covered by the cession.

  1. NON VARIATION

16.1 No variation, alteration, amendment or consensual cancellation of any of these terms and conditions shall be of any force or effect, unless in writing and signed by the parties hereto.

16.2 No waiver or abandonment by 4TECH of any of its rights in terms of this application and these terms and conditions shall be binding on it unless such waiver or abandonment is in writing and signed by it.

  1. MISCELLANEOUS

17.1 Severability Should any part of this agreement for any reason be declared invalid, such decision shall not affect the validity of the remaining provisions, which remaining provisions shall remain in full force and effect as if this agreement had been executed with the invalid portion thereof eliminated and it is hereby declared the intention of the parties that they would have executed the remaining portions of this agreement without including any such parts or portions which may, for any reason, be hereafter declared invalid. Any provision shall nevertheless remain in full force and effect in all other circumstances.

17.2 Modification and Waiver Waiver or breach of this agreement by either party shall not be considered a waiver of any subsequent breach.

17.3 Assignment This agreement is not assignable or transferrable by the Customer. Nevertheless, the rights and obligations of 4TECH in terms hereof shall be assignable or transferrable without the written consent of the client.

17.4 Counterparts Each person executing this agreement on behalf of a party hereto represents and warrants that such person is fully and duly authorised to do so on behalf of such party with full right and authority to execute this agreement and to bind such party with respect to all of its obligations herein. This agreement may be executed (by original or telecopied signature) in counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.

17.5 Non-solicitation of Employees During this agreement and for two years after the term of this agreement expires, the Customer will not solicit the employment of or employ the personnel of 4TECH, without the prior written consent of 4TECH.

17.6 Force and Majeure 4TECH shall not be responsible for delays or failures (including any delay by 4TECH to make progress in the prosecution of any services), if such delay arises out of causes beyond its control. Such causes may include, but are not restricted to, acts of God, or of the public enemy, fires, floods, epidemics, riots, quarantine restrictions, strikes, freight embargos, earthquakes, electrical outages, computer or communications failures and severe weather and acts or omissions of sub-contractors or third parties.

17.7 Suretyship This Application is conditional upon completion of the Deed of Suretyship attached hereto by person or persons on behalf of the Customer.

In addition to the standard terms and conditions, the following applies for all digital projects

  1. ESTIMATES
    1. 4Tech IT Solutions may provide Clients with initial estimates, otherwise referred to as quotations, for projects on request. The final project value may vary from the initial quotation if additions are requested to the original scope of work.
    2. 4Tech IT Solutions will provide quotations in writing by email to Clients, which will include a hyperlink to these Terms and Conditions. Acceptance by a Client of a 4Tech IT Solutions estimate is subject to acceptance of the terms and conditions unless specifically agreed in writing between the Client and 4Tech IT Solutions to the contrary.

 

  1. INVOICING & PAYMENT TERMS
    1. 4Tech IT Solutions standard payment terms are COD.
    2. New projects require a 50% upfront payment for the commencement of a project, final balance payment before the project is made live.
    3. Monthly or retainer invoices will be invoiced by the 25th of the month and needs to be paid within seven business days thereafter.
    4. In the event that website development cost has been broken up into a payment plan, 4Tech IT Solutions will remain the owners of the website until the design and development work has been paid in full as per the initial quotation.
    5. 4Tech IT Solutions reserves the right to increase their pricing in line with the official annual inflation rate each year, which is obtained from Statistic South Africa’s latest available Consumer Price Index (CPI) Headline Report.
    6. This quote is based on the current exchange rate to the US dollar. Plugin and theme renewal fees may fluctuate based on that rate.

 

  1. PROJECT TERMS
    1. Unless expressly agreed in writing to the contrary 4Tech IT Solutions will not accept liability to the Client for unforeseen delays in completing a project.
    2. In the event that there is a delay in the completion of a project, 4Tech IT Solutions will communicate such delays to the Client in writing via email.
    3. All website or online marketing tactic setup content needs to be provided by the client within 2 weeks of a deposit being paid to commence a project.
    4. All Graphic design content needs to be provided within 1 week of a deposit being paid to commence a project.
    5. The client is required to provide 4Tech IT Solutions with all the content required for a project within the period detailed above. Should the client delay issuing 4Tech IT Solutions with the content required for the project, 4Tech IT Solutions reserves the right to renegotiate the cost of the project as well as the expected completion date. In such instances, 4Tech IT Solutions will request any outstanding payments to be settled before the continuation of the project.

 

  1. ONGOING MAINTENANCE AND SUPPORT
    1. Fixes for newly built websites need to be identified within a 14-day period from going live. If fixes are identified after this period and the client is not on a Maintenance agreement, then a quotation will be issued to commence such fixes.
    2. 4Tech IT Solutions cannot future proof its services or products. Once a client has signed off on a project the responsibility to maintain and update plugins and Themes used on the website becomes the client’s responsibility unless a maintenance agreement has been signed with 4Tech IT Solutions which covers such incidents.
    3. Maintenance does not mean “eyes on the website” all the time and issues on the website still need to be reported to 4Tech IT Solutions’ account manager.
    4. Development faults with plugins or themes used on a website built by 4Tech IT Solutions are not covered by a maintenance agreement and will be quoted for separately as in most cases the original software developer will need to be involved.
    5. Similarly, hosting and website faults remain the responsibility of the hosting provider and do not fall under any maintenance agreement should the website not be hosted with 4Tech IT Solutions.
    6. A 4Tech IT Solutions account manager can be present to consult at external meetings if required, however, such meetings need to be arranged in advance and unless prior arrangements have been made such consultations will be limited to one meeting per month of a maximum duration of 1 hour. Consultations will be charged at our standard consulting rate.

 

  1. TERMINATION OF SERVICE
    1. Cancellation of any products or services may be made at any time by providing 4Tech IT Solutions with a cancellation request 1 calendar month in advance, in writing.
    2. In the event of cancellation of the agreement prior to the completion of the cancellation period, 4Tech IT Solutions reserves the right to pursue any of the following: (1) remove equipment, software, services or resources owned by 4Tech IT Solutions, (2) bring legal action against the Client for contractual breach or (3) remove any created websites, graphics, content, links, advertising, and accounts.

 

  1. 3RD PARTY SERVICES
    1. 4Tech IT Solutions will offer to Clients’ third-party services such as those offered by Google to enhance the performance of their websites. 4Tech IT Solutions may include in quotations the setup and maintenance of such third party services. 4Tech IT Solutions will not be liable to the Client for any interruption, non-performance, or cancellation of the provision by third parties of any such services.

 

  1. WEBSITE DEVELOPMENT AND DESIGN TERMS AND CONDITIONS
    1. All website content needs to be provided by the client within 2 weeks of payment of a deposit to commence a project. Should the client delay issuing 4Tech IT Solutions the content required for the project, 4Tech IT Solutions reserves the right to renegotiate the cost of the project as well as the expected completion date. In such instances, 4Tech IT Solutions will request any outstanding payments to be settled before the continuation of the project.
    2. CMS websites require updates to plugins and themes. If the client has not opted for monthly maintenance, such updates and the cost thereof, remain the responsibility of the client. However, plugins and themes may be quoted separately if required.
    3. Additional pages, images, and revisions on projects above the scope of work agreed above will attract additional charges.
    4. All E-commerce websites will come with Flat Rate shipping. It is the client’s responsibility to negotiate shipping costs with his/her preferred supplier and to provide 4Tech IT Solutions with specified flat rates. Alternative Shipping Plugin purchase and configuration fall out of the scope of work unless specifically quoted for.
    5. All e-commerce websites will have Payfast and EFT payment as the default payment options. It remains the responsibility of the client to sign up with Payfast and to provide us with their login details.
    6. The client agrees that all content provided by the client including articles, website wording, graphics, and videos are owned by the client and free of any copyright infringement.
    7. Landing pages, unless otherwise stated are created using a specific Landing page platform. If you want a copy of this page we can provide it, but it will only be reactivated using a version of the same platform, as the code is customized for use on this platform.
    8. Viruses & Outdated Websites, 4Tech IT Solutions makes every effort to take security precautions on our Clients websites, this includes the relevant security plugins which keep 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.
    9. 4Tech IT Solutions 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. 4Tech IT Solutions cannot be expected to keep your website updated in every aspect without being compensated to do so.

 

  1. SEO TERMS AND CONDITIONS
    1. 4Tech IT Solutions accepts no responsibility nor liability to the Client for the actual rankings achieved or how such rankings may vary over time. Search engines are known to change their algorithms and in such doing rankings and traffic may fluctuate.

 

  1. EMAIL MARKETING TERMS AND CONDITIONS
    1. 4Tech IT Solutions will setup the Client’s email with email service providers and charge a fixed amount for doing this.
    2. Payment of Monthly charged based on subscribers will remain the responsibility of the client.
    3. 4Tech IT Solutions will not be liable for any purchased, rented, or third-party lists of email addresses that were/are purchased/provided by the client for a newsletter or emailing distribution.
    4. 4Tech IT Solutions will not be held liable for any penalties placed upon the client by the email service provider as a result of purchased, rented, or third-party lists of email addresses or spam content used in newsletters.

 

  1. CONTENT MARKETING TERMS AND CONDITIONS
    1. The Client’s account manager will post content based on the client’s: Target Market, Products, Industry, but occasionally content might be relevant to General Internet Trends or Holidays. The Client is responsible for setting content guidelines with the Account Manager, these guidelines can be in the form of a list of approved: websites, newsletters, RSS feeds where the Account Manager can derive content from.
    2. The Account Manager cannot take responsibility for the sharing of, nor comments made in response to content posted on the page, as this is the nature of social media interactions. An Escalation process will be followed with feedback on the social media sites, but in no way will any actions are taken in response to these contradict the objective of company transparency.
    3. Unless otherwise agreed to the content for newsletters will be provided by the client, although the account manager may give some suggestions for content going forward.
    4. The client agrees that all content provided by the client including articles, website wording, graphics, and videos are owned by the client and free of any copyright infringement.

 

  1. HOSTING TERMS AND CONDITIONS
    1. 4Tech IT Solutions will invoice for hosting and domain renewals on an annual basis. This is only applicable for websites hosted and maintained by 4Tech IT Solutions
    2. 4Tech IT Solutions will use their best endeavors to rectify the cause of any disruption in the hosting service of a Client’s website(s) and to minimize the duration of any such instances. This is only applicable for websites hosted and maintained by 4Tech IT Solutions.
    3. 4Tech IT Solutions will not be liable to the Client for any compensation in respect of any downtime that may occur with the hosting of their website(s).
    4. In the event that a Client wishes to move their website to another web server supported by another party, then 4Tech IT Solutions will cooperate fully, subject to all outstanding amounts being paid up in full, in some instances a transfer fee will be applicable.
    5. 4Tech IT Solutions will troubleshoot any problems reported by the Client with their email. If the problem is due to an omission by 4Tech IT Solutions, then no charge will be made to the Client. If the problem is not due to an omission by 4Tech IT Solutions, then the Client will be charged.
    6. Login details and passwords need to be kept confidential and secure. 4Tech IT Solutions will not be held accountable for email account/website hacks. We do not keep passwords on record and will subject any password request to security measures deemed sufficient to legitimize the request

 

  1. GENERAL SERVICE DISCLAIMERS
    The Client acknowledges the following with respect to services:

    1. 4Tech IT Solutions accepts no responsibility for policies of Google, third-party search engines, directories or other websites (“Third-Party Resources”) that the Client may submit to with respect to the classification or type of content it accepts, whether now or in the future. The Client’s web site or content may be excluded or banned from any Third-Party Resource at any time and the Client agrees not to hold 4Tech IT Solutions responsible for any liability or actions taken by Third-Party Resources under this Agreement.
    2. The Client furthermore acknowledges that the nature of many of the resources the 4Tech IT Solutions may employ under this Agreement are competitive, therefore 4Tech IT Solutions does not guarantee top rankings, consistent positioning or specific performance of any strategies employed and the Client accepts that the 4Tech IT Solutions past performance is not indicative of any future results the Client may experience.
    3. The Client recognizes that SEO and submissions to search engines and directories can take an indefinite amount of time for acceptance or inclusion and that internet advertising may be subject to the individual advertising network’s policies and procedures.
    4. The Client accepts that Google AdWords, search engines, directories or other resources may block, prevent or otherwise stop accepting submissions for an indefinite period of time.
    5. The Client acknowledges that search engines may drop listings from its database for no apparent or predictable reason. 4Tech IT Solutions shall re-submit resources to the search engine based on the current policies of the search engine in question.
    6. 4Tech IT Solutions will endeavor to make every effort to keep the Client informed of any changes that 4Tech IT Solutions is made aware of that impact any of the campaigns and strategies and the execution thereof under this Agreement. The Client also acknowledges that 4Tech IT Solutions may not become aware of changes to third-party resources, industry changes or any other changes that may or may not affect campaigns or services.
    7. 4Tech IT Solutions, for the duration of this agreement, may develop design strategies and codes, which, in 4Tech IT Solutions’ opinion improve the Client’s website. 4Tech IT Solutions and the Client will review these suggestions together and once a mutual agreement is reached activate these changes. If the Client decides to make any material changes to the website, the Client will consult with 4Tech IT Solutions prior to implementing these changes, to make sure that they do not conflict with 4Tech IT Solutions marketing strategy.
    8. Third-Party Resources, particularly Facebook, change their layout and can very often affect any business page installations and applications. 4Tech IT Solutions will not be held liable for these changes and, should work need to be done to rectify, then a new “quote” would need to be drawn up.
    9. 4Tech IT Solutions and its subcontractors retain the right to display all designs as examples of their work in their respective portfolios.

 

  1. COPYRIGHT
    1. The source code of all website web pages remains the intellectual property of 4Tech IT Solutions until such time as payment is made in full by the client and may not be copied and used by any other party without the consent of 4Tech IT Solutions.
    2. All scripts, CSS and include files used within Client websites, remain the intellectual property of 4Tech IT Solutions until such time as payment is made in full by the client and may not be copied and used by any other party without the written consent of 4Tech IT Solutions.
    3. The stored procedures, functions and triggers programmed into SQL Databases remain the intellectual property of 4Tech IT Solutions until such time as payment is made in full by the client and may not be copied and used by any other party without the consent of 4Tech IT Solutions.
    4. All Client logo images, images unique to the Client, i.e. of their premises, workforce and their business, plus all written copy, belong to the Client and are covered under their copyright. 4Tech IT Solutions will not reuse the Client written content or images without the express permission of the Client.
    5. 4Tech IT Solutions will not be liable for any copyright infringements committed by the Client with regards to content provided for marketing materials. The Client hereby agrees that all content submitted to 4Tech IT Solutions is original content and not copied off other websites as copying content of other online assets will directly impact 4Tech IT Solutions ability to run an effective marketing strategy for the Client.
    6. The Client and 4Tech IT Solutions acknowledge and agree that the Specifications and all other documents and information related to the development of the 4Tech IT Solutions Campaign (the “Confidential Information”) will constitute valuable trade secrets of 4Tech IT Solutions. The Client shall keep the Confidential Information in confidence and shall not, at any time during or after the term of this Agreement, without 4Tech IT Solutions prior written consent, disclose or otherwise make available to anyone, either directly or indirectly, all or any part of the Confidential Information.

 

  1. BREACH
    1. In the event that the Client does not pay an invoice within the time frame allocated in the invoice, then 4Tech IT Solutions has the right to suspend all further works for that Client until such time as payment is made in full.
    2. In the event that the Client does not pay a hosting subscription invoice within 30 days of the due date, i.e. 44 days after the invoice date, then 4Tech IT Solutions reserve the right to turn off any website hosting until such time as the invoice is paid in full.
    3. In the event that the Client becomes insolvent or goes into liquidation 4Tech IT Solutions have the right to immediately terminate their contract with the Client and invoice for the full value of project works carried out to that date, plus suspend any email or hosting services.
    4. In the event that a Client delays the progress of a project with 4Tech IT Solutions then 4Tech IT Solutions will be entitled to give 14 days’ written notice to the Client. If the Client does not satisfactorily remedy the cause(s) of the delay, within the 14-day notice period, then 4Tech IT Solutions will have the right to terminate the service. 4Tech IT Solutions will invoice the Client for the full value of works carried out to-date.
    5. In the event the Client fails to make any of the payments referenced in deadline set forth, 4Tech IT Solutions has the right, but is not obliged, to pursue any or all of the following remedies: (1) terminate the Agreement, (2) remove equipment, software, services or resources owned by 4Tech IT Solutions or (3) bring legal action.

 

  1. POPI Act
    1. It is the client’s responsibility to ensure that all client communication adheres to the POPI Act.

 

  1. WHAT CAN BE EXPECTED OF US
    1. We aim to achieve the highest level of client satisfaction and for our clients to have absolute faith in our standard of work and the professional manner in which we conduct business. We will:
      1. be friendly, courteous and helpful when contacted
      2. make every effort to explain things clearly and in terms you can understand, keeping jargon to a minimum
  • agree with you the type of service you can expect to receive
  1. respond to your phone calls, emails and letters in a timely manner
  2. treat all clients fairly
  3. confidentiality

 

  1. WHAT WE EXPECT OF OUR CLIENTS
    1. We expect you to:
      1. provide any information that has been requested within agreed timescales
      2. pay all invoices within the payment terms defined in our agreement
  • let us know in advance if you are unable to do this, or if your circumstances change

 

  1. IMPROVING OUR SERVICES

We are keen to improve our high level of Client service and welcome any comments that you have, either complimentary or critical. If a project has not met its targets, we would appreciate your feedback about what we can do to avoid the situation in future. We want our clients to be 100% happy with the service they receive.