By signing up and using any of Savvy
Cells services, you agree to be bound by the following terms and conditions
("Terms Of Service") and our Privacy Policy. Your electronic signature
(clicking "I Accept") to this agreement confirms your acceptance of the terms.
Definitions
Let's
make sure we get it right from the very beginning, so we are talking the same language.
We'll keep it short.
'We', 'us' and 'our' mean the owners, staff, partners or
affiliates of Savvy Cell.
Customer or Client means you, or someone
authorised to act on your behalf.
'Their' and 'they' mean another party, like third-party
providers.
'He' means 'she' and 'she' means 'he' - it refers to everybody.
You'll find no discrimination here.
'Products', 'services' and 'systems' all refer to the same thing
- anything we offer you at a cost or free.
General conditions
As
with all things in life, the one thing you can count on is change. So will our terms and
conditions, as our business grows and improves. That's why they will also apply to any
updated or new services in the future.
We
reserve the right to modify, terminate or refuse our services for any reason at any time,
with or without notice.
We
reserve the right to change fees for products and services for any reason at any time,
with or without notice.
Use
of our service is at your own risk. Our services are provided on an "as is" and
"as available" basis without any warranty or condition, express, implied or
statutory. Savvy Cell does not warrant that the service will be uninterrupted, timely or
error-free.
We
in no way guarantee that our services will in any way impact your sales, market share or
productivity, as this is solely within your control.
If
any of our services are interrupted or cancelled for reasons beyond our control, we will
take a deep breath, swallow a Valium and get your services back up as fast as we can. We
do protect our clients from service interruptions with stand-by suppliers to ensure
business continuity, but you never know. So we won't be liable for any damages or loss you
may suffer if our services are faulty or unavailable. You should consider getting adequate
insurance if your business relies on fail-safe services.
We
reserve all our rights in this agreement, and if one provision is found to be invalid, it
will in no way affect the other provisions.
Third-party services
and products
When
using third party services (like Wordpress blogs, Joomla, credit card gateways) your
agreement is directly with them, and you must abide by their terms.
Because
we have no control over their services or rates, we cannot take responsibility for its
failure, unavailability or changes.
We
may link to third party websites we think are useful, but will not be held responsible if
you suffer damages as a result of using their products or services.
Usage and copyrights
Were
pretty sure you wont misuse any of our products and services on purpose, but just in
case, well spell it out. Its quite simple if you use our services in
any way we deem inappropriate, we will suspend your services instantly, without notice.
- Don't use any of our services for adult, offensive or illegal content.
- Don't send out spam using or referring to any of our services.
- Do not abuse anyone else's copyrights or intellectual property.
- Dont reproduce, duplicate, copy, sell, resell or link to any of our services,
without written permission.
You
take sole responsibility for anything contained on your website, and relieve Savvy Cell of
any legal claims in this regard.
We
work really hard for our money, so when we develop new systems or software, we would like
to see it pay off for a while. That's why we'll have the right to retain all proprietary
rights on it, and may resell it to other customers (excluding any of your own protected
material, of course).
Copyright
of unaltered site design templates or images we source for you belong to the respective
designer, but you may move it with your site to another host as long as the link to them
is retained.
Payments
Unfortunately,
we can't finance your business at the expense of our own, so the following will apply. But
we are always willing to listen and accommodate where possible, so please do contact us if
you do experience payment problems.
If
your account is not paid within 7 days of the due date, we will discontinue your services
with immediate effect. This may result in interest charged at prime rate plus 2%
calculated daily and compounded monthly (the bank shows no mercy).
Sometimes,
we forget to gaze into our crystal ball, and unforeseen events cause us to underestimate
fees. In this case, we will hide our embarrassment while we advise you first, then quote
you, then get your OK, and then proceed.
We
can offer you these affordable solutions because we count on you providing us with the
information in finished format, and by dealing mostly via email. We are quite happy to
spend extra time writing text, checking spelling, preparing images or travelling to your
premises, but will have to quote you.
Although
we are generous people, we cannot work for free. So if you for any reason cancel a service
with us before we've completed it, we will have to charge you for any work already
completed. This work will remain our property and copyright until we receive payment in
full.
We
cannot take responsibility for any errors or omissions on the content of your website,
blog or shopping catalogue after you have approved it for publishing. Changes requested
after final approval may result in extra charges.
Our
credit card payments and debit orders are processed by the good people at Netcash.
Theyre pretty darn good, but we will not be held liable for any damage during the
payment process using their service.
Guarantees,
cancellations and refunds
This
agreement is month-to-month and automatically renewed, unless either party cancels by
giving the other one calendar month's notice in writing, via fax on (086) 539-1438 or
email to info@savvycell.co.za.
We
offer a 30-day money-back guarantee from the date of service activation, so you can know
your money is well-spent. The guarantee starts from the date you sign up. If we really get
your knickers in a knot, you may punish us by asking for a refund of any monthly fees
already paid. Setup or design fees for work already done will still be payable. Just send
an email to refunds@savvycell.net. Please include your company name and bank details of
where to refund you to.
If
we update or change our terms of service and use, we will publish the date, as below.
This policy was last modified in February 2010.
If
there are any questions regarding this terms, please contact us on info@savvycell.co.za
Please
click here to read our Privacy Policy.
Savvy Cell and its associated sites
are incorporated in South Africa, with registration number 96/01867/23.
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