Introduction

Please read the following terms of service / terms and conditions (“Terms and Conditions”) before using our services or purchasing our products, because by accessing or purchasing or using Businessly’s services/products you agree with and are bound by the Terms of Service.

Acceptance

It is not necessary for any Client to have signed an acceptance of these Terms and Conditions for it to apply. Once a quote is accepted by the Client, the Client will be deemed to have satisfied themselves as to the terms stated herein and having accepted these terms and conditions in full. Please read these Terms and Conditions carefully. Any purchase or use of our services implies that you have read and accepted our Terms and Conditions. All Terms and Conditions are subject to change as stated further herein.

Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client but grants Businessly the irrevocable and unconditional rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party and by providing such information or files to Businessly, it warrants that it has done so. The Client is further responsible for granting Businessly permission and rights for use of the same and agrees to indemnify and hold harmless Businessly from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for placement shall be regarded as a guarantee by the Client to Businessly that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

Design Credit

A link to Businessly will appear in either small type or by a small graphic at the bottom of the Client's designs, websites or other products developed by Business. If a graphic is used, it will be designed to fit in with the overall design. If a Client requests that the design credit be removed, a nominal fee of 10% of the total charges of such product will be applied. The Client also agrees that the designs and products for the Client may be presented and marketed in Businessly's portfolio and website.

Post-Placement Alterations

Businessly cannot accept responsibility for any alterations caused by a third party occurring to the Client's brand or products developed by Businessly for the Client, once applied. Such alterations include, but are not limited to additions, modifications or deletions.

Indemnity

Businessly services may be used for lawful purposes only. The Client agrees to indemnify and hold Businessly harmless from any claims resulting from the use of Businessly’s service or developed products that caused damages (whether direct or indirect, consequential or non-consequential) to the Client or any other party.

We unfortunately make no warranty or representation as to the availability, accuracy or completeness of the content, or any third-party content accessible via an internet link or otherwise which are displayed on our website.

General

These Terms and Conditions supersede all previous representations, understandings or contracts between the Client and Businessly. The Client's payment of an invoice or quote or online payment, whether in full or partial constitutes acceptance of these Terms and Conditions.

Governing Law

We are controlled, operated and administered from our offices within the Republic of South Africa. This Contract shall be governed by laws of the Republic of South Africa.

Liability

Businessly cannot guarantee the safeguarding of Client’s files and data as a result of the inability of the development and hosting service providers to facilitate the service or for any other reason out of Businessly’s control. Businessly hereby excludes itself, its Employees, Agents and Affiliates from all and any liability from:

Loss or damage caused by any inaccuracy; Loss or damage caused by omission; Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site; Loss or damage to clients' artwork/photos, supplied for the site; immaterial whether the loss or damage results from negligence or otherwise. The entire liability of Businessly to the Client in respect of any claim whatsoever or breach of this Contract, whether or not arising out of negligence, shall be limited to the charges paid for the Services or developed product in respect of which the alleged breach has arisen.

Subject to the above, you, the Client, indemnify and agree to hold Businessly harmless for all such damages which might have been caused as a result of the above.

Severability

In the event any one or more of the provisions of these Terms and Conditions shall be held to be invalid, illegal or unenforceable, the remaining provisions of these Terms and Conditions shall be unimpaired, and the Terms and Conditions shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid if so agreed between the Parties.

Client Review

During the design and copywriting phase the Client will have the opportunity to review the appearance and content of the product and is allowed to make two (2) changes, without incurring additional costs. A final review is allowed once the overall content is completed. At the completion of the phase, such materials will be deemed to be accepted and approved unless the Client notifies Businessly otherwise within seven (7) days of the date the materials are made available to the Client.

Content Control

The Client agrees to delegate a single individual as a primary contact to aid Businessly with processing the information and product in a satisfactory and expedient manner. Businessly requires the Client to provide all website content including text, images, sound files, videos etc. in advance. Text content should be delivered electronically as a Microsoft Word, email, (or similar) document with the pages in the supplied document representing the content of the relevant pages on Client’s website. These pages should have the same titles as the agreed website pages. The Client shall not hold Businessly responsible for incorrect text and spelling or grammar errors and it is also the Client’s responsibility to review the product. If required, Businessly can offer copy-writing at an additional cost. Images and graphics should be supplied in high definition .png or .tiff format to ensure quality imagery. Content changes (photo’s, text, video’s etc. should be provided by Client in the final reviewed format. No HTML code of the website will be given to the Client as the Businessly does not permit the exportation of the HTML code nor the layouts or themes. A website/web application designed and developed by Businessly is not transferable or exportable in any way. Businessly will under no circumstances take over a previously developed website nor will Businessly make changes to web developments not done by Businessly.

Referit may contain links to third-party websites or services that are not owned or controlled by Us, including a third party credit card payment service. We do not have any control over, and assumes no responsibility for, the content, privacy policies, products, services, conduct, behaviour or practices of any third party websites or services or payment platforms.

Turnaround Time

A basic website construction can take up to 6 weeks to complete, which you agree to be fair and reasonable. This does not apply to more complex websites or custom applications/software developments, which may require more time to develop. A maximum of 10 hours will be spent on the design and development of a new website. Thereafter a design and development fee will be charged of R1200 per hour.

Additional Expenses

The Client agrees to reimburse Businessly for any additional expenses necessary for the completion of the work/product. Examples would be purchasing of special fonts, stock photography etc. Written approval will be requested from the Client in advance before additional expenses are incurred.

Charges

Design, development, registration and hosting are sold as a package and are not available separately. Website/web application design and development quotes always include 12(twelve) months of hosting.

The Client can transfer their domain to and from Businessly for R1200.00, which is payable as an administration fee to Businessly plus the standard amount for domain registration. This does not include domain and website hosting fees. The Client must obtain exact costs from Businessly as it is subject to change by third party vendors.

Once the service term comes to an end, the Client can continue paying for another year of hosting, as well as domain costs, if the Client hosts a domain with Businessly. It is the responsibility of the Client to notify Businessly of the intended renewal and request costs for the new term as costs may change due to currency fluctuations. If the Client does not wish to extend their service agreement with Businessly, they can request a domain transfer. If Businessly does not receive a domain transfer request within the current 12-month service period, Businessly reserves the right to let said domain expire or be sold. Businessly cannot be held liable if the domain expires and cannot be acquired for 90 days.

Galleries or product catalogues can have up to 12 (twelve) items included in the initial quoted and invoiced amount. Additional items are billed at R100 per item on a minimum batch of 10 items. Unused batch items do not carry over to future purchased updates and will expire automatically. Charges for services required by Businessly are defined in the project/product quotation that the Client will receive via email. Quotations are valid for a period of 7 (seven) days. Businessly reserves the right to alter or decline to provide a quotation after the expiry of the 7 (seven) days to the Client.

The Client must pay Businessly 50% of the total amount displayed on the invoice to initiate the project. If the quoted amount is less than R15,000.00 the full amount is payable upfront.

The Client will get two (2) opportunities to make amendments to the newly designed website / web application / product. If the client has reviewed and requested changes twice, and requires more changes, the outstanding 50% of the total amount displayed on the accepted quote must first be paid to Businessly before additional changes will be to the product.

Businessly reserves the right to withhold from the Client any developed designs, developments and data until the Client’s account has been settled in full.

If the Client neglects to settle an invoice by the due date, Businessly reserves the right to unpublish any and all the Clients designs, websites/web applications after we have requested you to make payment and you have failed to do so within 7 (seven) days of such notice.

Businessly cannot be held accountable for any loss of business due to services being offline or unpublished as a result of non-payment by the Client, to which you expressly agree to.

A compound interest fee of 5% per month, capitalised monthly will be levied on top of the outstanding monies.

Contract Term and Termination

All service agreements are for a minimum period of 12 (twelve) months from the date Businessly received the project sign-off. Businessly may terminate the contract at any time in the event of breach of these Terms and Conditions by the Client. Termination of services by the Client must be requested in writing one month in advance of the date of termination. E-mail requests for termination of services will not be honoured unless duly signed. In the event of termination, the Client remains liable for any and all outstanding monies owed to Businessly.

Privacy policy

Businessly is committed to protecting the Client’s privacy. This privacy policy explains how Businessly shall collect and use the Client’s information as well as what the Client’s access rights to the information and/or data are.

Businessly may collect certain information from the Client. Information that Businessly collects, which the Client herewith consents to, includes, but is not limited to, one or more of the following fields:

• Personal details such as name, surname, gender;
• Contact details, such as email address and contact number;
• Preferences with respect to the use of the Businessly web-application.

The Client’s information and System Data are private and confidential and are treated as such. Businessly takes all reasonable steps to secure and protect the Client’s data during hosting and transmission and to ensure that the Client’s information is handled in accordance with these Terms and Conditions. However, it is possible for Internet-based communications to be intercepted or servers to be hacked. Businessly will not be responsible for any damages the Client or any third party may suffer as a result of the hosting or transmission of confidential or disclosed information that the client makes to Businessly through the Internet, or that the Client expressly or implicitly authorises Businessly to make, or for any errors or any changes made to any transmitted information.

Using and sharing of information

Businessly may use and share the Client’s information and System Data we collect from the Client for the reasons and uses as detailed below, notwithstanding any other reasons set out herein or permissible by law:

• To provide the Client with the necessary customer support and assistance where required or requested;
• To provide the Client with a personalised and optimal Businessly service and experience;
• To contact the Client regarding their account or to update the Client with respect to changes in prices, policies or the Terms;

Businessly retains the right to transfer the Client’s information to a new owner if the ownership of all or substantially all our business should change, in which case these Terms and Conditions shall still apply.

Businessly may release account information or User Data when we believe, in good faith, that such release is reasonably necessary to (a) comply with law, (b) enforce or apply the terms of any of our user agreements or (c) protect our, our Users or any other relevant third parties’ rights, property or safety.

The Client agrees that they are providing Businessly with their Personal and Company Information and any other information provided in terms of the Terms and Conditions, voluntarily and freely.

Amendments to Agreements

We may change, modify, add to or remove from portions or the whole of these Terms and Conditions. Changes to these Terms and Condition will become effective when the changes are posted on our Website. We may notify you of the changes via email or by posting a prominent notice on our website. Your continued use of our services following the posting of changes or updates will be considered notice of your acceptance of the updated Terms and Conditions including any changes or updates.

Additional Disclaimers and General Provisions

Results displayed on the Businessly platform or website are only estimates and are not guaranteed and are subject to the amounts displayed on a formal quote provided to the Client.

The Client gives Businessly the right to use the Client’s branding in Businessly’s portfolio or social media accounts.

Businessly reserves the right to utilise the Client’s audience and leads for Businessly’s benefit subject to the Privacy Policy set out herein.

It is not the responsibility or work of a Businessly specialist to communicate, respond, manage or do sales on behalf of the Client.

Businessly is not responsible for any processing of refunds in the form of products, services or any monetary value.

Updated | 7 March 2024