Interpretation

In this agreement:

• Clause headings are for convenience only and are not to be used in its interpretation.
• Unless the context indicates otherwise, the following principles apply:
  • Any gender includes the other genders.
  • A natural person includes a juristic person and vice versa.
  • The singular includes the plural and vice versa.

Definitions

• “Agreement” means these terms and conditions as amplified by the Letter of Engagement.
• “Client” means the party for whom the Developer is undertaking the development and design of a website, as set out in the Letter of Engagement.
• “Code” refers to HTML computer programming / formatting code and any necessary files for functionality.
• “Deliverables” includes all Code, Documentation, and other materials developed by Developer in terms of this Agreement.
• “Documentation” refers to all related materials developed by Developer during this Agreement.
• “Developer Technology” encompasses methodologies, procedures, processes, and techniques Developer has rights in prior to this Agreement.
• “Developer” is identified as JHNet Web Development cc.
• “Effective date” is the date of signature of this Agreement by the party last signing.

Precedence

Should any conflict arise between these terms and conditions and the Letter of Engagement, the latter shall prevail.

Duration

This agreement commences on the effective date and continues until completion of the Services.

Consideration

Client shall pay Developer the fee set out in the Letter of Engagement, inclusive of Value Added Tax, for the Services rendered.

Client Warranties

Client represents and warrants the legality and ownership of materials provided to Developer for the website and indemnifies Developer against any loss due to breach of these warranties.

Copyright & Ownership

Upon full payment, the Deliverables become the property of Client, with Developer granting a non-exclusive license for any Developer Technology included in the Deliverables.

Confidentiality

Both parties agree to treat the project as confidential until the final website is approved by Client, after which Developer may publicly list Client as a client.

Non-Solicitation

Client agrees not to solicit Developer’s employees for a period of 6 months following the termination of this agreement.

Non-Exclusivity

Developer retains the right to offer services to any other entity and owns all rights to Developer Technology.

Limitation of Liability

Developer’s liability is limited to direct damages with total liability capped at the amounts paid to Developer under this agreement.

Dispute Resolution & Arbitration

Disputes shall first be attempted to be resolved through a joint committee, failing which arbitration in Johannesburg according to the Arbitration Foundation of Southern Africa’s Rules will resolve the matter.

Breach and Termination

Specifies conditions under which the agreement may be terminated by either party and the consequences thereof, including notice requirements and the right to payment for work completed.

Notices

Details the method of giving notices and the addresses to be used for such notices between the parties.

General

Outlines the entire agreement, waiver conditions, the independent contractor relationship, severability, transfer and assignment conditions, and governing law.

POPI Act Compliance

The Protection of Personal Information (POPI) Act came into effect on 1st July 2021. We are committed to ensuring that we are compliant and that your personal information is protected. This section explains how we obtain, use, and disclose your personal information, in accordance with the requirements of the Act. We are dedicated to protecting your privacy and ensuring that your personal information is collected and used properly, lawfully, and transparently.

Consent

By submitting your personal information, you confirm that you are duly authorized to share such information with us. We will process this information for the purposes and in the manner set out in this Privacy Statement.

Information We Collect

• We collect and process your personal information for the purpose of providing our services. This may include your name, contact details, and other relevant information necessary for our engagement.

Usage of Personal Information

• We will use your personal information only for the purposes for which it was collected and agreed with you. This may include verifying your identity, conducting business with you, and fulfilling our contractual obligations.

Security of Information

We are legally obliged to provide adequate protection for the personal information we hold and to prevent unauthorized access and use of personal information. We have implemented appropriate security measures to protect and secure your personal information.

Your Rights

You have the right to access, update, correct, or delete your personal information. Should you wish to exercise any of these rights, please contact us at the details provided.

Contact Information

For any queries or concerns regarding our use of your personal information, please contact us at info@jhnet.co.za.