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Preamble

A. In that MASTERWEB conduct the business of designing and upload of websites on the internet on behalf of entities who require such service; and

B. Designing and uploading of websites requires the exercise of a variety of acquired skills the most important of these, but not limited to coding and converting; and

C. Displaying websites is an accepted form of advertising, liaison and communication for businesses: -

Now then it is agreed: -

1. INTERPRETATION AND DEFINITIONS

1.1 In this Agreement, including the description of the Parties thereto and in the Annexures hereto:

1.1.1 Clause headings and the division of this Agreement into paragraphs is for convenience of reading and reference only, and shall not affect the interpretation of construction of this Agreement:

1.1.2 an expression, which denotes:

1.1.2.1 any gender includes the other genders and neuter genders:

1.1.2.2 a natural person includes a juristic person and vice versa:

1.1.2.3 the singular number includes the plural and vice versa.

2. 1.2 In this Agreement, unless the context indicates a contrary intention, the following words and expressions bear the meanings assigned to them and cognate expressions bear corresponding meanings notwithstanding the use of differing and lower or upper case type face:

Definitions: -

1.2.1. Agreed effect, shall mean the totality of concepts and ideas communicated orally, graphically or in writing between the parties in pursuance of the design or maintenance of the/ a website;

1.2.2. Client shall mean the person or entity who requires the design and uploading of a website and/or maintenance thereof in this instance;

1.2.3. Concept proposal, shall mean the manifested means of communicating an idea or collection of ideas by use of writing, graphics, sketches or audio media in the process of designing a website and as contained in a document named as such;

1.2.4. Concept proposal series, shall mean the consecutive manifestation of concept proposals numbered as such;

1.2.5. Design of a website, shall mean the activity of constituting a website by computer coding, graphic display, animation creation, color selection, and text drafting to manifest the ideas and concepts desired by the client and as collected in the final concept proposal and shall be deemed to constitute the agreed result;

1.2.6. Existing website shall mean any website constituted by the processes described herein by Masterweb Web Design Service or any other entity where such process has been completed by the final acceptance or similar action, thereof by client and Masterweb Web Design Service and such other person;

1.2.7. Masterweb Web Design Service shall mean the entity, as represented by any of it’s associates, partners, members, shareholders or employees;

1.2.8. Final acceptance, shall mean the written acknowledgment by both client and Masterweb Web Design Service on a series concept proposal that a website has been constituted by the processes herein described and shall be denoted as such;

1.2.9. Global fee, shall mean the amount payable between the parties for the constituting of a website by Masterweb Web Design Service by the processes described herein;

1.2.9.1. Hourly rate, shall mean the amount payable per hour or part thereof rounded to a quarter of an hour for the services of constituting of a website by means of the processes described in this agreement;

1.2.9.2. Maintenance of the website shall mean, the process of instituting and constituting improvements, variations and updates on any existing website but shall exclude the redesign of the website;

1.2.9.3. Maintenance requirement shall mean the manifested changes, amendments or updates of a website as reduced to writing and graphics and signed and accepted by both the Client and Masterweb Web Design Service on a maintenance concept proposal;

1.2.9.4. Redesign of a website shall mean the material reconfiguration and/or reconstitution and/or substitution of the existing content of a website;

1.2.9.5. Source code, shall mean that collection and/or series of characters, script or coding used to control and communicate the manifestation of all effects in computers;

1.2.9.6. Uploading, shall mean the process of coding, communicating and transferring the final acceptance concept proposal for a website to the location specified and/or agreed to by the client and Masterweb for the purpose of display on the Internet;

1.2.9.7. Website, shall mean the accumulation of writing, graphics, animations and effects, and all such and similar means of visual and audible communication media, constituted by means of computer coding and manifested in the final acceptance of a or the series of concept proposals to produce a single coherent entity for display on the medium known as the world wide web conducted and transmitted as the Internet;

Design

2. At the specific instance and request of the client, Masterweb Web Design Service shall provide the service of design or maintenance of a website for the client, which service shall be provided against payment, on final acceptance of the concept proposal/invoice of the global fee as quoted (including proposals) at an hourly rate of R280.00, due and payable on supply of an invoice. Dispersement costs is payable immediately upon receiving and testing.

3. In conjunction with Masterweb Web Design Service, the client shall constitute concept proposals for the design of a website: -

3.1. Such concept proposals shall be reduced to a manifested form either in writing or graphically and recorded and signed as such by both the client and Masterweb Web Design Service;

3.2. Masterweb Web Design Service shall take such steps as are required to manifest such concept proposals in a form consistent with display on the world wide web as a website;

3.3. All variations, amendments and improvements of any concept proposal shall be constituted as an updated concept proposal and numbered and signed accordingly;

3.4. The final form of manifestation of the concept proposals shall be denoted as such and signed by both client and Masterweb Web Design Service.

3.5. Masterweb Design Services and affiliates will not be held responsible for any content and images which might be offensive, not accurate or misleading in any way as interpreted by any individual, group or business.

3.6. Although we follow strict design rules in order to ensure a high search engine ratings , Masterweb Web Design and affiliates will not be held responsible for the index rating criteria of various search engines as well as the rating of a website.

Uploading and Hosting

4. At the specific instance and request of the client, Masterweb Web Design Service shall provide the service of uploading of the final acceptance onto an address agreed to by the Client and Masterweb, against payment of the global fee of R 185.00 or at an hourly rate of R 280.00, due and payable on supply of an invoice, which service shall include: -

4.1. The determination of the relevant location as specified by the IP addresses, codes, passwords, and Internet Service Provider of the client, alternatively all of the a foregoing details of the agreed service provider;

4.2. The process of communicating, transmitting and transferring the constituted website or final acceptance to the location determined in paragraph 4.1. immediately hereinabove;

4.3. Masterweb Web Design Service make no warranties or representations with regard to the downloading and access aspects of the website.

4.4. Masterweb Web Design Service will not be responsible for the loss of data including website content, images or emails due to technical problems as experienced by a third part hosting company.

4.5. Masterweb Web Design Service reserve the right to terminate and block the use of emails and the hosting of websites should the client fail to settle invoices related to the use of email and website hosting. Web hosting and email services will be blocked and or terminated if settlement is not received as charged by the designated hosting service company including the commission of Masterweb Web Design Service. Masterweb Web Design Service will not be held responsible for any loss including personal or monitory, that is suffered by the client when services are suspended. Non payment of the following services will result in a block or termination of email and or hosting services.

* Disk over usage charge.
* Domain renewal.
* Domain registration.
* Annual hosting.
* Web maintenance.
* Web design.

Maintenance

5. At the specific instance and request of the Client, Masterweb Web Design Service shall provide the service of maintaining the web site of the client, for which service a monthly fee of R 430 shall be levied, due and payable on the final day of each and every month, and which service shall include: -

5.1. The institution of all such changes, updates and improvements as constituted and manifested in the maintenance requirement;

5.2. Addressing and resolving any problems relating to downloading speed, access or mistakes manifesting on the, or, in relation to, the web site;

5.3. Masterweb Web Design Service make no warranties or representations with regard to the downloading and access aspects of the web site.

Hourly Maintenance

6. At the specific instance and request of the Client, Masterweb Web Design Service shall provide the service of maintaining the web site of the client, for which service an hourly fee of R 280 shall be levied, due and payable on presentation of invoice, and which service shall include: -

6.1. The institution of all such changes, updates and improvements as constituted and manifested in the maintenance requirement;

6.2. Addressing and resolving any problems relating to downloading speed, access or mistakes manifesting on the, or, in relation to, the web site;

6.3. Masterweb Web Design Service make no warranties or representations with regard to the downloading and access aspects of the web site.

Security Lien

7. It is specifically agreed between the Client and Masterweb that Masterweb Web Design Service shall be entitled, at the entire discretion and behest of Masterweb Web Design Service, to: -

7.1. Retain all the source codes in relation to the design, constitution and uploading of any web site against payment of the global fee or total hourly fee for such service, until payment has been made in terms of this agreement;

7.2. Terminate, close down or remove the website and related email services of any client on non-payment, within 7 days of due date, of the agreed fee for the maintenance of the website and be entitled to charge a fee of R 250 for restoring such website and related email services on payment of the outstanding maintenance fee.

Hosting Transfers

8. Masterweb Web Design Service will not approve/allow any "ticket" request from any Hosting Service Provider unless all outstanding invoices are paid in full by the client.

Sever ability

9. Each provision of this Agreement is severable from the other provisions. Should any provision be found by a Court of competent jurisdiction to be invalid or unenforceable for any reason, the parties hereto will consult with one another in good faith in order to agree, if possible, an alternative provision in accordance with the intent and tenor of this Agreement. The remaining provisions of this Agreement shall nevertheless remain binding and continue with full force and effect.

Sole Agreement

10.1 This Agreement constitutes the whole of the Agreement between the Parties hereto relating to the matters dealt with in this Agreement and save to the extent otherwise provided herein no undertaking, representation, term or condition relating to the subject matter of this Agreement not incorporated in this Agreement shall be binding on any of the Parties.

10.2 No variation, addition, deletion, or agreed cancellation will be of any force or effect unless in writing and signed by or on behalf of the Parties hereto.

Waiver and Cession

11.1 No waiver of any of the terms and conditions of this Agreement will be binding or effectual for any purpose unless in writing and signed by or on behalf of the Party giving the same. Any such waiver will be effective only in the specific instance and for the purpose given. No failure or delay on the part of any Party hereto in exercising any right, power or privilege hereunder will constitute or be deemed to be a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.

11.2 Save as otherwise herein provided, neither this Agreement nor any part, share or interest herein nor any rights or obligations hereunder may be ceded, assigned, or otherwise transferred without the prior written consent of the other Parties. Any consent or approval required to be given by any Party in terms of this Agreement will, unless specifically otherwise stated, not be unreasonably withheld.

Consents

12. Any consent or approval required to be given by any Party in terms of this Agreement will, unless specifically otherwise stated, not be unreasonably withheld.

Benefit of the Agreement

13. This Agreement will inure for the benefit of and be binding upon the successors in title and permitted assigns of the parties hereto or any of them.

Costs

14. Save as otherwise provided herein, the client will bear and pay its own legal costs and expenses relating to the negotiation, drafting, preparation and implementation of this Agreement.

15. All deposits for website development according to proposals are non-refundable.

Interest

16. Masterweb Web design will charge 7% interest on invoices not settled within 30 days of issue.

Applicable Law

17.1 This Agreement will in all respects be governed by and construed under the laws of the Republic of South Africa.

17.2 Subject to the provisions of this Agreement, the Parties hereto hereby consent and submit to the non-exclusive jurisdiction of the Magistrate’s Court of the Republic of South Africa in any dispute arising from or in connection with this Agreement. The Parties agree that any costs awarded will be recoverable in accordance with the Magistrate’s Court tariff, determined on an attorney-and-own-client scale.