Terms and Conditions

Terms of Service

In contracting our services or using our website you are deemed to have read and agreed to the following terms and conditions:

Kelbix Creations (Pty) Ltd (referred to as ‘KELBIX’) an entity incorporated within the laws of South Africa, with Registration Number 2014/115172/07

Registered Address: 108 Elizabeth Avenue, POD OFF Grayston, Parkmore, Sandton, 2196, Gauteng, South Africa.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to the company/person in contract with KELBIX or person accessing this website, using Kelbix Creations (Pty) Ltd and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “KELBIX” “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.

All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing South African Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Assignment of Project

Kelbix Creations (Pty) Ltd reserves the right to assign subcontractors to this Project to insure that the terms of this agreement are met. Client agrees to the use of 3rd party or open-source technologies or frameworks for this project by Kelbix Creations (Pty) Ltd without prior written or verbal consent by Client.

Privacy Statement

We are committed to protecting your privacy. Authorized employees within the Company on a need-to-know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offenses for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

Confidentiality

We are registered under the The Protection of Personal Information Act (POPIA) and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than our partner(s) / supplier(s) and if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the provision that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

Disclaimer Exclusions and Limitations

The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:

  1. Excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
  2. Excludes all liability for damages arising out of or in connection with you of our provided software/website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Description of Service

Kelbix Creations (Pty) Ltd designs develops websites, web applications, software & mobile apps and also some of its custom systems and other branded softwares. Client understands that KELBIX’s services may include certain communications from Kelbix Creations (Pty) Ltd such as advertisements, notices, service announcements and newsletters. Client is responsible for obtaining access to Kelbix’s services that may involve 3rd party fees (including but not limited to, ISP, merchant accounts and gateways). Client is also responsible for all equipment and software necessary to access Kelbix’s services.

Scope of Work

Client understands that the website/software purchase and development includes a specific number of pages, features and/or functionality. The Client proposal and Project Specifications Document lists the specific features, functionality and number of pages purchased. The website/software only includes those items purchased. If the Client desires additional features, functionality or pages client may request a price quote to purchase as additional enhancements to the website. Additional work requested by the Client outside of the scope of work purchased may be charged at an hourly rate or as specific enhancements.

Our Website / Software Project Warranty

We believe that code just doesn’t break; it either works or it doesn’t. We provide the only industry lifetime warranty that gives you peace of mind in knowing you are covered if anything ever comes up. Our competition provides 30-to-90-day warranties in hopes you may miss something and will be another fee down the road.

Inclusions
Kelbix’s warranties its own software code for life and will resolve any functional or technical software defects that are related to our own code. Our code includes php, python, java, css, html, scripting, javascript, jquery database that was developed by Kelbix. Any submitted defect also must be related to contracted project scope. The warranty provides assurance that the software will meet the functional specifications. This warranty covers for any bugs (programming errors) reported to Custom Software after go-live deployment. Any bugs reported within this time period will be fixed at no additional charge to the client. The period begins on the date the Client’s software is available to be published to the live environment. Priority maintenance and support agreements are separately available to client to ensure rapid response and level A support for all submitted requests, if applicable.

Limitations
Kelbix Creations (Pty) Ltd does not warranty any issue caused due to server limitations or changes is not covered in the warranty. Any bugs related to 3rd party servers, operating systems 3rd party database integration, web browsers, 3rd party software (including open source cms and frameworks), 3rd party plug-ins are not cover under the warranty. If Kelbix code, including any file, html, script, text or database is modified or new code/html/text is added, by Client or 3rd party, without prior written permission of Kelbix, the warranty will be deemed null and void. The warranty is also nulled if any backup restore or rebuild of application is needed and done without express written consent of Kelbix. This warranty does not include fixes for issues related to new browser versions that were implemented after project start or older browser versions that are no longer supported by the manufacturer. Kelbix Creations (Pty) Ltd is not responsible for ensuring all requested functionality by client is compatible with all supported browser versions and additional charges may apply to modify or resolve potential browser issues.

Exclusions
The right to warranty is forfeit if the web application, mobile app or custom software source code is accessed or modified by any third party company for any reason. This includes any changes that are directly make to any project file including but not limited to .html, .htm, .js, .php, .aspx, ,tpl, .sql, ,css, .xml, .txt, .jpg, or .png. The warranty will not be honored if any of the client payments are over-due or any monies have been charged back or rescinded.

Electronic Delivery Policy

Kelbix is a web application and software development business and communicates with its Clients electronically. When Client accepts this TOS Client consents to receive electronically from Kelbix Creations (Pty) Ltd any notices, agreements, disclosures, or other communications (Notices). Client agrees that Kelbix Creations (Pty) Ltd may send electronic Notices in either of the following ways 1) To the email address provided to Kelbix Creations (Pty) Ltd at the time of sale or 2) to the new email address account Client set up through Kelbix. Client agrees to check the designated email addresses regularly for Notices. Notice from Kelbix Creations (Pty) Ltd is effective when sent by Kelbix, regardless of whether the Notice is read or received by Client.

Call Monitoring and Recording Privacy Statement

As part of Kelbix ’s commitment to providing the best possible service Kelbix Creations (Pty) Ltd may monitor and record phone calls answered by Kelbix Creations (Pty) Ltd and made by Kelbix Creations (Pty) Ltd. Kelbix Creations (Pty) Ltd may also archive recorded voice mail messages. Kelbix Creations (Pty) Ltd records calls for training purposes, to improve customer service, and to ensure an accurate record of Client calls, which may be needed to support transactions that take place over the phone. This allows Kelbix Creations (Pty) Ltd to identify how Kelbix Creations (Pty) Ltd can better serve its customers

Software Project Development Procedure

With help and input from the Client, Kelbix Creations (Pty) Ltd will develop the contracted scope of the software project. Before work may begin on a project, the Client must accept the project acceptance agreement and electronically accept these Terms of Service. Client may submit their design survey to Kelbix Creations (Pty) Ltd through Kelbix ’s online design survey application.

In submitting the survey, links to sample sites the Client likes are for general information purposes only and assist Kelbix Creations (Pty) Ltd with the design of the Client’s custom website or software. The functionality and detail of the sample sites will not be duplicated unless such functionality and detail are specifically included and itemized in Kelbix ’s proposal and Project Specifications Summaries and do not infringe upon the intellectual property rights of others.

Kelbix Creations (Pty) Ltd will not be held liable for accuracy of information, typos, or spelling errors in any of the content approved by the Client and published on the website. Client will be notified by email when the website is live.

Completion Timeframes

Client understands, agrees and acknowledges that Kelbix Creations (Pty) Ltd does not guarantee a time frame for completion of ANY website or software project. This is in part because it is difficult to complete a project without design and functionality approvals and participation from the Client. In addition, if the Client continues to submit additional content throughout the development process, or requests additional modifications to the project, the completion time frame is increased. Other factors that may influence the completion date of a project include, but are not limited to, complexity of Client’s project(s), availability of Kelbix Creations (Pty) Ltd personnel, accounting status of Client’s account, etc.

If Client does not respond to Kelbix Creations (Pty) Ltd communications and, as a result, Kelbix is not able to start or complete the website/software project, Client is still responsible for all fees incurred including, but not limited to, design purchase price, set-up fees, enhancements purchased and monthly hosting charges that begin accruing from date of sale. If Client’s website/software requires custom programming, functionality, flash, e-commerce or the use of a database, the overall development time will be extended.

Expedited Services

While Kelbix does not guarantee a time frame for the completion of any custom website or software project, it may offer an optional expedited service to Client for a fee. Expedited service is not available for all accounts and all requests for expedited service must be approved by Kelbix at its sole discretion. Client understands and agrees that Client’s use of expedited service does not guarantee that Client’s website / software including its corresponding design, enhancements, databases, e-commerce stores, flash, etc, will be completed more quickly than they would be without the use of the expedited service. The expedited service fee only ensures that Kelbix will make reasonable efforts to more quickly assign designers and programmers to the account in an effort to facilitate development than would be the case under the ordinary developmental process.

The successful use of expedited service is contingent upon Client’s timely acceptance of the Terms of Service, payment of any and all fees due, submission of content through the online web center and acceptance of any project specification documents prepared by Kelbix and Client’s timely cooperation with Kelbix in any solicitation for information related to the website / software’s development.

If expedited service is offered to Client by Kelbix, Client may be presented with an estimated date of completion. Client understands and agrees that such estimated dates of completion are estimates only and may apply only to one particular element of the project, i.e. database, flash, e-commerce, design, programming and not necessarily to multiple elements of the website or to the website collectively. Under no circumstances will Kelbix guarantee the respective portion or portions of the website / software subject to the estimated date of completion to be completed sooner than the estimated date of completion. Should circumstances arise that make it impossible to complete the portion or portions of the website / software that are subject to the estimated date of completion by the estimated date of completion, including but not limited to Client failure to provide Kelbix with requested information in a timely manner, Kelbix reserves the right to change the estimated date of completion accordingly or to cancel the expedited services and refund a portion of the expedited service fee to Client. In no case shall the portion of the expedited service fee to be refunded be greater than fifty percent (50%) of the expedited service fee. Regardless of whether work is completed by the estimated date of completion, Client remains liable to Kelbix for any and all other charges related to the website / software’s development.

Payments & Chargebacks

Bank check, bank wire, cryptocurrencies, all major Credit/Debit Cards (Master Card, Visa, Diners, American Express) are all acceptable methods of payment. Prior authorization from Kelbix is required before Client use of a payment by Credit Card.

Kelbix uses Standard Bank SimplyBlu eInvoicing system to process most of its payments.

All Payments will be processed in South African Rands (R) and payment gateway is SimplyBlu – Standard Bank.

Payment must be made promptly based on the terms of any development project. If payments are overdue or Client cancels contract, Client hereby agrees to allow KELBIX to card Client credit card on file to pay for unpaid balance. Client also agrees to waive all charge back rights regards to any transactions and will follow contract resolution procedures. Client agrees Most development work will incur a deposit to the amount of 50% of the total project payment. If payment has not been received by 10 days, a follow up email will be sent. After 28 days of non-payment, the contract may be terminated. After termination, if the Client wishes to resume, the Client may reinstate the project by remitting the balance of the invoice and s service reinstatement fee of up to 20% of total project cost. It is not possible to refund a deposit or any project payment after thirty (30) days or once we have sent the design or development source code work to the Client or loaded it into their server. We reserve the right to decide whether a refund is applicable, if requested by the Client for any reason. If a refund is provided, any disbursements already paid to 3rd parties by the Company on behalf of the Client (including but not limited to hosting fees, domain name registration, software &license purchases) will not be refundable. If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase. If your account has been cancelled by us due to a breach of the terms and conditions on your part, you will not be eligible for a refund. Phone requests will not constitute acceptance of any cancellation.

All works remain the property of the Company until paid in full. Monies that remain outstanding by the due date will incur late payment interest at the rate of 4.0% until such time the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid sixty (60) days from the date of invoice via collection agencies and/or through small claims court. In such circumstances, you shall be liable for any and all additional administrative and/or court costs in the Republic of South Africa.

Return checks will incur a R1000 fee charge to cover banking fees and administrative costs. In an instance of a second returned check, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash or credit card transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.

Cancellation Fee and Refund Policy

Refunds of the fees paid for development of the website / software may be issued on accounts cancelled within 30 days of the initial sale and prior to the completion of the project according to the following schedule:

  1. A minimum of a 50% cancellation fee will be retained by Contractor on cancelled account even if no work has been started and no content yet submitted by the Client.
  2. A minimum of a 75% cancellation fee will be retained by Contractor on cancelled accounts if work has been presented to the Client; or Contractor has made multiple attempts to work with the Client, and Client has not responded to those attempts.
  3. A 100% cancellation fee will be retained by Contractor and NO REFUND issued if any changes and/or modifications requested by the Client have been completed by Contractor. No Refund will be issued on any website / software cancelled after services have been rendered, including but not limited to, the design work and programming having been completed and/or the software has been moved to client’s server or transferred to their procession.
  4. 100% cancellation fee will be retained and NO REFUND will be issued by Contractor if Client cancels after 30 days from the initial sale.

MINIMUM CANCELLATION FEE – Client agrees that a minimum cancellation fee of 50% will be retained by Contractor on all cancelled accounts even if no work has been started. The cancellation fee is charged to compensate Contractor for up-front expenses and services rendered, including but not limited to, time costs incurred for project meetings and analysis, project management, documentation, design and development, employee expenses and overhead costs.

ENHANCEMENT SALES – A 100% cancellation fee will be retained by Contractor and NO REFUND will be issued once work has begun on any enhancements purchased, including, but not limited to, databases, programming, logos, flash, galleries, rollovers, e-commerce stores, security certificates, design time, domain names, etc. A minimum cancellation fee of 50% will be retained on cancelled expedited services. Client agrees that a minimum cancellation fee of 50% will be retained by Kelbix on all cancelled enhancement purchases if cancelled within 30 days of the enhancement sale and if work has not yet begun. NO REFUND will be issued by Contractor if Client cancels after Contractor days from the enhancement sale. Enhancements or additional services purchased after the initial sale are separate purchases and are in addition to and separate from the original sale. If a Client cancels an enhancement the original sale is not cancelled.

MONTHLY HOSTING – Client agrees that there is NO REFUND of monthly hosting fees or monthly additional services fees incurred or paid by the Client prior to cancellation date.

Client agrees that all fees incurred and billed prior to cancellation date are valid and Client agrees to pay. (See Termination).

By accepting a refund in full or refund less cancellation fee, Client agrees that the matter is settled in full and releases Kelbix, its officers, owners, members, agents and employees of any and all contractual obligations and waives all claims of any nature, including legal action, against Kelbix ’s its officers, owners, members, agents and employees.

Termination of Agreements

Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. If the Client cancels an account before the work is completed or site is live, a cancellation fee is retained per the Cancellation Fee and Refund Policy (SEE Cancellation Fee and Refund Policy). Client agrees that all fees incurred and billed prior to cancellation effective date are valid and Client agrees to pay. Upon request for termination of services the website will be removed. A back-up copy of the website/software is not maintained by Kelbix.

Client Approval

Client is responsible for testing the functionality of the website / software upon Kelbix ’s request for approval, and notification that the website / software has been completed. This includes, but is not limited to, functionality of all website / software pages, programmed functionality, database, e-commerce store, payment functions, galleries, forums and other business software functionalities.

Client website / software design may be posted live as soon as the website design is completed by Kelbix and full design milestone payment is received from Client to Kelbix. Additional features, such as custom database programming, flash programming, etc., will be added to the site as they are completed. The website / software may be posted live within 30 days from purchase if Kelbix is required to complete content and design without complete Client input or content from Client.

The Client understands and agrees that if the Client does not respond within 5 business days to Kelbix’s request for approval and notification that the website / software has been completed and taken live, the website / software along with the functionality of the website / software and services rendered, will be deemed to be approved by the Client and Client agrees services have been rendered and the functionality of the website / software has been tested and approved by the Client.

The Client understands and agrees that if the Client does not respond to requests for missing information a final notification will be sent to the Client. If the Client does not respond within 5 business days to Kelbix’s notification or requests for missing information, the website / software, along with the functionality of the website / software and the services rendered, will be deemed to be approved by the Client, and the website / software will be taken live with the missing information “as-is” or “under construction”.

In the event that Kelbix completes all of the work per the original sale and database write ups, Kelbix reserves the right to move the site live and deem the work to be completed without Client’s permission if Client will not give approval of the work.

Scope Change Requests Before and After Website / Software Goes Live

Kelbix agrees to build a website / software to specifications quoted per the original proposal and original project specification document. Any additions or changes requested outside of the scope of the original sale, either prior to the custom website going live, or after the site has gone live, will be billed at Kelbix’s standard hourly rate. Kelbix is not obligated to complete Client requests or changes outside of the scope of work on the original proposal. If Kelbix does not agree to Client requests or changes, Client is still obligated to pay all fees incurred and due.

Copyright Notice

Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

The laws of the Republic of South Africa govern these terms and conditions. By accessing this website, you consent to these terms and conditions and to the exclusive jurisdiction of the City of Johannesburg, Magistrate courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.

These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

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