The Client : The company or individual requesting the services of Tech5 Group.
Tech5 Group: Primary designer/site owner & employees or affiliates.
Tech5 Group will carry out work only where an agreement is provided either by email, mail or fax. Tech5 Group will carry out work only for clients who are 18 years of age or above. An 'order' is deemed to be a written or verbal contract between Tech5 Group and the client, this includes telephone and email agreements.
Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Tech5 Group cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, graphics and any programming code remain the property of Tech5 Group until all outstanding accounts are paid in full.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Tech5 Group remain the copyright of Tech5 Group and may only be commercially reproduced or resold with the permission of Tech5 Group.
Tech5 Group cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any additions to briefs provided will be carried out at the discretion of Tech5 Group and where no charge is made by Tech5 Group for such additions, Tech5 Group accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to Tech5 Group all materials required to complete the site to the agreed standard.
Tech5 Group will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet deadlines.
Tech5 Group will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site.
Tech5 Group will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
Tech5 Group will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
A non-refundable deposit of 50% is required with all of our projects over the amount of R5000 and 100% for amounts under R5000 before any design work will be carried out.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the clients satisfaction and no refunds can be offered. We do offer free bug fixing for a month after completion to allow for any final amendments that may be required.
Database, Application and E-Commerce Development
Tech5 Group cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Any scripts, applications or software (unless specifically agreed) written by Tech5 Group remain the copyright of Tech5 Group and may only be commercially reproduced or resold with the permission of Tech5 Group.
Where applications or sites are developed on servers not recommended by Tech5 Group, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by Tech5 Group before being made generally available for use. Where 'bugs', errors or other issues are found after the site is live, Tech5 Group will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
Although Tech5 Group is committed to complete any project within the agreed deadlines, no guarantee can be given that these deadlines will be met due to unforeseen circumstances. Tech5 Group will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet deadlines.
Tech5 Group will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 6 and to an acceptable level with Mozilla browsers. Tech5 Group can offer no guarantees of correct function with all browser software.
Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimizing websites itself will bring in more traffic and hits and you'll see visits increase to your site naturally but this is a seperate standalone product. We cannot accept liablility for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.
We use 'white hat techniques' when optimizing websites and always aim to achieve a top ranking for your website within six months of undertaking the optimization process. Due to the work involved payment is generally required in advance and we are unable to offer a refund of any moniesto clients in relation to this type of work.
Tech5 Group reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.
We do not share or sell any of your details with third party companies and we will only email you or contact you about work related matters.
Anyone who experiences a problem with their web service provided by Tech5 Group should raise the matter directly, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.
Tech5 Group will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
Formal complaints procedure
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made in writing to Tech5 Group, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.
Tech5 Group's infrastructure may be used only for lawful purposes. Users may not violate any applicable laws or regulations of South Africa within the territory of South Africa. Should the user reside outside of South Africa, the laws of the country in which the user resides shall apply.
Transmission, distribution or storage of any material on or through the infrastructure in violation of any applicable law or regulation Tech5 Group prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorisation, and material that is consider as obscene, defamatory, constitutes an illegal threat, or violates export control laws.
Systems And Network Security
- All references to systems and networks under this section includes the Internet (and all those systems and/or networks to which user is granted access through Tech5 Group) and includes but is not limited to the infrastructure of Tech5 Group itself.
- The user may not circumvent user authentication or security of any host, network, or account (referred to as "cracking" or "hacking"), nor interfere with service to any user, host, or network (referred to as "denial of service attacks"). The host, network or account shall also not be used for "phishing" or any other illegal purpose.
- Violations of system or network security by the user are prohibited, and may result in civil or criminal liability. Tech5 Group will investigate incidents involving such violations and will involve and will co-operate with law enforcement officials if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
- Unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of any system or network or to breach security or authentication measures without the express authorisation of Tech5 Group.
- Unauthorised monitoring of data or traffic on the network or systems without express authorisation of Tech5 Group.
- Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header (spoofing) or any part of the header information in an email or a newsgroup posting.
Use Automated copying of website content can result in high usage levels.
How to minimise this type of usage:
Manually select the content that needs to be copied.
Nothing contained in this policy shall be construed to limit Tech5 Group's rights or remedies in any way with respect to any of the aforegoing activities, and Tech5 Group reserves the right to take any action that it may deem appropriate with respect to such activities, including without limitation:
The action that Tech5 Group may take includes, but is not limited to:
- investigating suspected violations of this AUP,
- taking action to recover costs and expenses incurred in identifying offenders;
In addition, Tech5 Group reserves all available rights and remedies with respect to such activities at law or in equity.
This AUP may be clarified or modified periodically and Tech5 Group reserves the right to modify this policy at any time, any such changes coming into effect as soon as they are published on the Tech5 Group website (www.tech5.co.za).
This policy forms part of the customer's agreement with Tech5 Group regarding the 3G/HSDPA, Wireless, and any other solution that is offered by Tech5 Group.
Take Down notice
In terms of section 75 of the Electronic Communications and Transactions Act ("the Act") Tech5 Group has designated the Internet Service Providers' Association (ISPA) as an agent to receive notifications of infringements as defined in Section 77 of the Act.
Internet Service Providers' Association (ISPA)
Address: PO Box 518
Telephone: 010 500 1200
Email: [email protected]