PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ORDER YOUR PRODUCT.
These Terms of Sale (“Agreement”) apply to your purchase of products and/or services and support (“Product”) sold in South Africa by Empower All Pty Ltd (“Empower All”), including its direct or indirect subsidiaries. By placing your order for Product, you accept and are bound to the terms of this Agreement.
Applies to all direct purchases by internet, phone or direct.
- Payment Terms; Orders; Quotes; Interest: 50% Deposit is payable when applying for services and the rest upon agreement when the service is completed. Recurring payments are payable on the first of each month. Late payment compensation fees are 7% per month. Payment for the products can be made via EFT, direct deposit (cash only) or some other prearranged payment method unless credit terms have been agreed to by Empower All. Empower All may invoice parts of an order separately. Your order is subject to cancellation by Empower All, in Empower All’s sole discretion. Unless you and Empower All have agreed to a different discount, Empower All’s standard pricing policy for Empower All-branded products, which include both service and products in one discounted price, allocates the discount off list price applicable to the service portion of the system to be equal to the overall calculated percentage discount off list price on the entire product. Empower All is not responsible for pricing, typographical or other errors in any offer by Empower All and reserves the right to cancel any orders arising from such errors. Invoices must be paid within 30 days of the invoice date.
- Hosting: Hosting is done by a third party service provider as we see fit (will be done by the best service provider available). As such, Empower All is not responsible for the hosting provider, although we will do everything in our power to provide you the best service. A free .co.za domain is included in the hosting payment. For any other domain suffix (like .com, .info, .org) the price is R250 per year.
- Maintenance: Small changes to your website will be done for free. Regular changes and updates will be charged at a per hour rate. See Maintenance Package.
- Photos and Images: We make use of stock photos – free and bought, with copyright license. If you submit images for publication, please ensure that you have copyright for these images. Empower All will not be held accountable for copyright infringement.
- Package Specifics: Every website design package will be delivered as set out in the package description. Extra functionality delivered as detailed in the optional extras. Time limit: all websites will be delivered within reasonable time – for more functionality longer time period is required.
- Other Documents.This Agreement may NOT be altered, supplemented or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both you and Empower All. If you do not receive an invoice or acknowledgement in the mail, via email, or with your Product, information about your purchase may be obtained by phoning our offices or contacting us via email.
- Shipping Charges; Taxes; Risk of Loss.Shipping, handling and tax are additional (and not included in the prices displayed) unless otherwise expressly indicated at the time of sale. Loss or damage that occurs during shipping by a carrier selected by Empower All is Empower All’s responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. You must notify Empower All within 21 days of the date of your invoice or acknowledgement if you believe any part of your purchase is missing, wrong or damaged. You are solely responsible for sales and other taxes associated with the order. Delivery dates are estimates only.
- Changed or Discontinued Product.Empower All’s policy is one of ongoing update and revision. Empower All may revise and discontinue Product at any time without notice to you. Empower All will deliver Product that has the functionality and performance of the Product ordered, but changes between what is delivered and what is described in a specification sheet or catalogue are possible – in which case you will be given the choice to cancel the purchase.
- Service and Support.Service offerings may vary. If you have purchased a service offering, please review the applicable service agreement carefully as it contains important rights and limitations. Your purchase of services is pursuant to this Agreement and any applicable service agreement and by purchasing the service offering you are bound by those terms including a requirement that you individually arbitrate any dispute relating in any way to this transaction including any use of any service under any warranty or service offering. Empower All has no obligation to provide service or support until Empower All has received full payment for the Product or service/support contract you purchased. Empower All is not obligated to provide third-party branded service or support, or service or support for any products or services that you purchased through a third party and not Empower All. Empower All and/or your third-party service provider will have no liability for loss or recovery of data, programs or products arising out of the services or support or any act or omission, including negligence, by Empower All. Empower All and/or your third-party service provider is not permitted by law to copy pirated or copyrighted materials or to copy or handle illegal data. Prior to Empower All and/or your third-party service provider providing service or support, you represent that your submissions does not contain illegal files or data. You also represent that you own the copyright or have a license to make copies to all files submitted by you and do not have any data that would cause Empower All to be liable for copyright infringement if such data was copied by Empower All.
- Telephone Communications.Telephone communications with us, including calls with any of our agents or independent contractors, are routinely monitored and/or recorded. You expressly consent, on behalf of yourself and other users of your phone number, to being monitored or recorded. By providing us with a mobile phone number as your contact number, you expressly authorize us to contact you regarding your account for non-telemarketing communications, via text message or telephone, including the use of pre-recorded or auto-dialled calls, using that number.
- Not For Resale or Export.You agree to comply with all applicable laws and regulations of South Africa. You agree and represent that you are buying for your own internal use only, and not for resale or export. You agree that Product purchased from Empower All will not be used for activities related to weapons of mass destruction, including activities related to the design, development, production or use of nuclear materials, nuclear facilities or nuclear weapons, or chemical or biological weapons. You further agree that you will not sell, lease or otherwise transfer Product to end users engaged in these activities.
Governing Law. THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THERE UNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND EMPOWER ALL arising from or relating to this Agreement, its interpretation or the breach, termination or validity thereof, the relationships which result from this agreement, Empower All’s advertising, or any related purchase SHALL BE GOVERNED BY THE LAWS OF SOUTH AFRICA, WITHOUT REGARD TO CONFLICTS OF LAW.