Terms and Conditions
Terms and Conditions
Standard Business Conditions for Swart Digital Pty (Ltd)
The Terms and Conditions set out here, is applicable to all users of this website. This includes Swart Digital, the owner of this website. These Terms and Conditions therefore also apply to the use and (where applicable) purchase of Swart Digital services. This includes but does not limit the placing of advertising with Swart Digital. Ensure that you are completely familiar with these Terms and Conditions, as they affect your legal rights.
The Service Provider’s number one priority is to offer the Client a professional web service, which may include but is not limited to web design, hosting, domain registration/renewal, maintenance, online advertising management, search engine optimization, social media marketing and graphic design.
1. Acceptance of Terms
1.1. Your agreement to comply with and be bound by these Terms and Conditions occurs upon first use of the website. By using this website, you, therefore, certify that you are at least 18 years of age. Your access to and use of the Swart Digital website or services is subject to these Terms and Conditions. This will be the case unless we expressly state otherwise. You will not use the website for any purpose that is unlawful. In addition, you will not contravene anything that these Terms and Conditions prohibit. If you do not agree to these Terms and Conditions, you should stop using the website immediately.
1.2. Swart Digital also reserves the right to change – without notification – the Terms and Conditions within this notice. Users are bound by such changes. It is the responsibility of every user to check these Terms and Conditions regularly for any changes.
1.3. If you enter into these on behalf of your employer, you warrant that you have the authority to do so. You also warrant that your employer is bound by these Terms and Conditions.
2. Definitions and interpretations
2.1 The following words that appear in the Terms and Conditions, will consequently have the following meanings:
Acceptable Use Policy – Swart Digital’s policy viewable at https://swartdigital.co.za/terms-and-conditions/
Agreement – means the terms and conditions contained in this Agreement, including any annexures, appendices and/or schedules hereto.
Business Day – means any day other than a Saturday, Sunday or official public holiday in the Republic of South Africa and Republic of South Africa.
Advertising – Any advertising campaign/program of advertising that the Client purchase from the Service Provider;
Code – means the original form of a computer program before it is converted into a machine-readable code;
Content – Any text, graphic, image, audio, video, software, data compilation, page layout, underlying code and software. This also includes any form of information that you can store in a computer device;
Confidential Information –
a. any information of whatsoever nature which has been or may be obtained by the Service Provider from the Client, whether in writing or electronic form, whether marked or identified as being proprietary or not or pursuant to discussions between the Parties, or which can be obtained by examination, testing, visual inspection or analysis, including without limitation, scientific, business or financial data, know-how, formulae, processes, designs, sketches, photographs, plans, drawings, specifications, sample reports, models, customer lists, price lists, studies, findings, computer software, inventions or ideas;
b. analyses, concepts, compilations, studies, and other material prepared by or in possession or control of the Service Provider which contain or otherwise reflect or are generated from any such information as is specified in this definition. Confidential Information also includes, without limitation, any information that is personal to a student of the Client, including but not limited to the student’s: (i) full name and surname; (ii) identity number & student number; (iii)telephone numbers; (iv) address and other contact details; (v) payment history;
Client – Any individual or company purchasing or utilizing any form of service from Swart Digital;
Deliverable – means the quantifiable goods or services that must be provided upon the completion of a project;
Development – means Web development, which means the work involved in developing a Web site for the Internet (World Wide Web) or an intranet (a private network) and Web development can range from developing a simple single static page of plain text to complex web applications, electronic businesses, and social network services which may include Web engineering, Web design, Web content development, client liaison, client-side/server-side scripting, Web server and network security configuration, and e-commerce development;
Effective Date – will be the Signature date;
Intellectual Property – means all property owned by a Party subsisting anywhere in the world, which is in any way capable of protection in law, including without limitation, all copyright patents, trademarks whether registered or not (including the business name, any get-up or trade dress), confidential information, and all proprietary rights in and to ownership of any idea, discovery, artwork, designs, concept, technique or improvement, industry information, know-how, systems, methodology, data model, computer software, computer source code and object code, reports, correspondence, documentation, flow charts, databases, tables, calculations, spreadsheets, schematics, plans, photographs, presentations or inventions (whether patented or not} and any other right of a similar nature which is used now or will in the future be used, by a Party in or in connection with its business from time to time;
Intellectual Property Rights – means the right to use any Intellectual Property Right or any right rights which are analogous to any Intellectual Property Right, any moral right, any license, right or interest of any kind arising out of or granted or created in respect of any Intellectual Property: any right to bring an action for passing off or analogous proceeding;
Parties – mean the Client and the Service Provider jointly and “Party” means either one of them as the context may indicate;
Project – means the application of processes, methods, skills, knowledge and experience to achieve specific project objectives according to the project acceptance criteria within agreed parameters. Projects have final deliverables that are constrained to a finite timescale and budget;
Reports – Any individual article and report available for download or viewing via the website;
Services – Any product or service that Swart Digital provides. This includes any services on our website, reports, advertising, products and events;
Service Fee – means the fees payable by the Client to the Service Provider as consideration for the Services rendered by the Service Provider;
Service Levels – means the minimum levels of service to be achieved by the Service Provider in rendering the Services under this Agreement, as may be agreed to by the Parties in writing from time to time, and any subsequent service level schedules.
Service Provider – means Swart Studio (Pty) Ltd t/a Swart Digital, registration number 2018/493971/07, a company duly incorporated in accordance with the company laws of South Africa, and having its principal place of business situated at 84 Schoeman St, Mokopane, 0601
Third-Party – Any person or company that Swart Digital utilize to perform specific services to augment the value of a product;
Termination date – means the date of termination of this Agreement for any reason whatsoever.
User / You – Any and all persons who access the site and services that Swart Digital provide;
Website – Swart Digital’s website with the URL: https://www.swartdigital.co.za/ and any sub-domains of this site.
2.2. Within these Terms and Conditions, unless the context requires a different interpretation:
2.2.1. The singular also includes the plural and vice versa;
2.2.2. References to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices;
2.2.3. A reference to a person also includes firms, companies, government entities, trusts and partnerships;
2.2.4. ‘Including’ is, therefore, understood to mean ‘including without limitation’;
2.2.5. Reference to any statutory provision also includes any modification or amendment of it;
3. Intellectual property and acceptable use of Content
3.1. All content on the website is the property of Swart Digital. Using the website, users acknowledge that such content copyright, trademarks, database rights and other intellectual property rights protect this content.
3.2. Swart Digital shall have the right to terminate or block any user from the website. This will happen in the event of any breach of any of the Terms and Conditions of this license.
3.3. Swart Digital also reserves the right to amend, edit, abbreviate or take down any content at our discretion.
If needed, the Service Provider reserves the right to outsource any specific project requirements to ensure that the terms of this Agreement are met. Any subcontractors or external suppliers will be bound to the terms of this Agreement.
5. Prohibited use of the Site by Users
4.1. Users are expressly forbidden to do the following. Download, store, reproduce, transmit, display, copy, sell, publish, distribute, or provide access to content for any purposes other than set out herein. Users may also not sub-license, rent, lease, transfer or assign any rights in the content, to any other person. Furthermore, users may not commercially exploit or use content for any unlawful purpose.
4.2. Users may also not use the website for any of the following purposes regarding the uploading or posting of content;
4.2.1. Content that in any way may cause damage to the website;
4.2.2. Content that in any way may interfere with another person’s use or enjoyment of the Website;
4.2.2. Content that may be harmful, unlawful, abusive, harassing, misleading, threatening or otherwise objectionable.
4.2.3. Content that may be in breach of any applicable law, regulation or governmental order.
6. Availability of the Website and Disclaimers
5.1. Swart Digital provide the website and services “as is” and on an “as available” basis. In addition, Swart Digital gives no warranty that the website or services will be free of defects and/or faults. Furthermore, Swart Digital provides no warranties of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Swart Digital is also under no obligation to update information on the Website.
5.2. Swart Digital can give no warranty or guarantee that the website is secure and free of errors, viruses and other malware. All users should take responsibility for their own security, that of their personal details and their computers.
5.3 Swart Digital cannot accept any liability for any disruption or non-availability of the Website.
5.4. Swart Digital reserves the right to alter, suspend or discontinue any part (or the whole of) the website. This includes, but is not limited to, any products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the website unless expressly stated otherwise.
7. Limitation of Liability
6.1. Nothing in these Terms and Conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
6.2. Swart Digital is not liable to you in respect of any losses arising out of events beyond our reasonable control.
6.3 To the maximum extent that the law permits, Swart Digital also accepts no liability for any of the following:
6.3.1. Any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, and goodwill or commercial opportunities;
6.3.2. Loss or corruption of any data, database or software;
6.3.3. Any special, indirect or consequential loss or damage.
8. Website Content and Services
7.1. Information regarding Swart Digital’s products and services is subject to change without notice.
7.2. Information about Swart Digital’s products and services shall also not constitute a warranty or other commitment by Swart Digital.
7.3. Swart Digital hereby disclaims all warranties, expressed or implied, as to the accuracy, suitability for any purpose or completeness, therefore.
8. Third-Party Content
8.1. This website makes available certain content that has not been created by Swart Digital. This is via hyperlinks or as hosted via the website.
8.2. Written author and publisher permission of Third Party Content is required to copy, distribute, reproduce, retransmit, or modify such content.
8.3. Third-Party Content is also not the responsibility of Swart Digital. Swart Digital has no control over the opinions, information, product legality, or factuality of statements contained in Third Party Content. Swart Digital cannot guarantee the accuracy, veracity, or completeness of any such information provided. Nothing contained within Third Party Content necessarily represents the point of view of Swart Digital.
8.4. Swart Digital cannot and does indeed not confirm each user’s identity.
8.5. If you have a dispute or issue with any other user, you agree to the following. To unconditionally release Swart Digital and its employees from any claims, demands and damages (actual and consequential). Irrespective of their kind/nature, known/unknown, suspected/unsuspected, disclosed/undisclosed, arising out of or in any way connected with such disputes.
Prices for any of the Swart Digital services or products are subject to change without prior notice. Swart Digital will, furthermore, regularly update publicly available price information via the Website. This will indeed be done in order to ensure that you have accurate information available to you when you order.
10. Payment Policy
Unless specified otherwise, Swart Digital invoices for any service are due for payment 30 days from their date of issue. Swart Digital also reserves the right to charge for costs and expenses incurred in recovering late payments. Furthermore, Swart Digital may charge interest on overdue amounts. The rate will be in compliance with the Late Payment of Commercial Debts (Interest) Act 1998 as at the due date.
11. Dependence on Swart Digital’s Services:
The contents of any of Swart Digital’s Services or the website do not constitute advice. Hence, Swart Digital will not be held liable for the following. Direct, indirect, or incidental damages resulting from your use of information, commentary, advice or other content on the website. You agree to indemnify Swart Digital against actions, proceedings, or liabilities arising from your use of the website or services.
11.2. Data Protection:
Swart Digital may, furthermore, use personal user information which Swart Digital have access to. We may use this either for credit control or for purposes of market research. Swart Digital may also use it to inform users about their products and services. This includes their legal developments and training sessions or events which Swart Digital believes may be of interest to users.
11.3. Force Majeure:
Swart Digital cannot be held responsible for anything beyond its control, impeding its obligations. As a result, such inability to perform shall not make Swart Digital liable to any extent.
11.4. Users may also not transfer any of their rights under these Terms and Conditions to any other person. Swart Digital may, however, do so. This may also only happen where they reasonably believe that the rights of users will not be affected.
11.5. These Terms and Conditions may vary from time to time. Such revised terms will also apply from the date of publication. Users should, furthermore, check the Terms and Conditions regularly to ensure familiarity with the current version.
12. The whole agreement.
12.1. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and Conditions.
12.2. If a court finds any provision of these Terms and Conditions invalid, illegal or unenforceable, then the following will happen. That provision will be deemed to be deleted, while the validity of the other provisions will not be affected.
12.3. No delay or omission by a party exercising a right/remedy will be a waiver of that right/remedy.
12.4. Agreements set out in the Terms and Conditions shall be governed in accordance with the laws of South Africa. Consequently, the parties hereby submit to the exclusive jurisdiction of the aforementioned laws and courts.