1. THIS AGREEMENT is between WEDDINGFIND (part of The JUSTFIND Group), and the individual /entity who is applying for Services, by submitting the subscription form online or completed an agreement ("CLIENT") or made payment according to an invoice for services. THE CLIENT agrees to an on-line, paperless subscription, but will complete a debit order form. THE CLIENT acknowledges that all the information that is submitted online is true and correct to the best of his/her knowledge. In the event that the individual submitting the subscription form online is acting in his/her capacity as a duly authorised representative of any juristic person, then:
1.1 The individual, by submitting the subscription and debit order form online, also binds himself/herself as surety and co-principal debtor, together with the juristic person whom he or she represents, in respect of all obligations flowing from the utility of the Services; and
1.2 The individual hereby warrants that he/she is duly authorised to submit the subscription and debit order form and bind the juristic entity as THE CLIENT in accordance with these terms and conditions.
2. THE CLIENT agrees that the act of submitting his subscription and debit order form online or by means of payment towards web services constitutes consent by THE CLIENT to these terms and conditions, or any amendment thereto, as made from time to time.
3. PROVISION OF SERVICES:
Just Find agrees to provide directory listing and related services to THE CLIENT, subject to the following terms and conditions.
4. CONTENT LIABILITY AND INDEMNIFICATION:
4.1. THE CLIENT acknowledges that WEDDINGFIND does not regulate or take any responsibility for the content of THE CLIENT's page or for the security of THE CLIENT's password(s).
4.2. THE CLIENT warrants that it has all rights necessary to lawfully submit any information or materials that it is uploading or transmitting to Just Find, including all intellectual property rights.
4.3. THE CLIENT agrees to indemnify Just Find against actions brought by a third party as a result of such material or information, or as a result of THE CLIENT's use in any way of the systems, or information
5. CONTRACT TERMINATION:
5.1. In the event that WEDDINGFIND at any time reasonably believes that THE CLIENT is in breach of any of the terms and conditions contained in this agreement or is using Just Find services in an unacceptable manner as defined, then WEDDINGFIND may immediately terminate this agreement without notice or liability or suspend the account.
5.2. THE CLIENT shall be responsible for the entire amount of the most recent statement and any excess usage charges at the time of termination.
5.3. THE CLIENT may terminate this contract by giving WEDDINGFIND no less than one calendar month's notification to the service in writing. The notice period shall start upon Just Find receiving a completed cancellation notice from THE CLIENT. Such written cancellation must be submitted to WEDDINGFIND by Fax, or e-mail where confirmation of email will be regarded as receipt thereof.
5.4. A cancellation will only be effected upon THE CLIENT settling the outstanding account via debit order or via cash deposit or EFT payment (we do not accept credit cards at this moment)
5.5. A cancellation request must include the reason for cancellation, instructions as to the cancellation of the listing of THE CLIENT on the website of WEDDINGFIND, and must indicate the date until which service is required.
5.7. A cancellation will not be accepted from any third party. The cancellation must be from THE CLIENT as on record with WEDDINGFIND.
5.8. Any cancellation request that does not fulfil these criteria shall be handled by WEDDINGFIND’s own discretion.
5.9. THE CLIENT will be notified via e-mail, sent to the e-mail address on record, as soon as the cancellation has been processed.
5.10. All services are on a minimum cancellation period of 30 days. All notices will be for a full calendar month.
6. WARRANTIES AND GUARANTEES:
6.1. WEDDINGFIND makes no warranties or guarantees of any kind, whether express or implied, for the services to be provided.
6.2. THE CLIENT agrees that WEDDINGFIND shall not be liable for any losses or damages of any kind to THE CLIENT or the CLIENT's Customer, including, but not limited to, those that may result from service interruption delays or non-deliveries.
7. BILLING POLICY:
7.1. Accounts 30 days past due may result in the cancellation without notification of the agreement between WEDDINGFIND and THE CLIENT and which may result in deletion of THE CLIENT's (but not limited to) files, including email, backups, databases, etc.
7.2. THE CLIENT will immediately be handed over for collection and listed on ITC (a credit bureau) in the event of a debit order being returned as "payment stopped".
7.3. All overdue accounts shall be charged interest or administration fee on a fee and or monthly compounding basis.
7.4. THE CLIENT is responsible for all collection costs and attorney's fees on any outstanding amounts.
7.5. The fee for the hosting service is payable in advance by debit order.
7.6. All account enquiries must be done via email.
7.7. No account queries will be entertained after 30 days of invoice.
7.8. No account queries will be entertained once the hosting have been cancelled.
7.9. WEDDINGFIND only accepts monthly payment via debit order or credit card. WEDDINGFIND does not accept monthly payments via EFT or cash deposit unless arranged with management.
7.10. All transactions are paid up front. No service will be delivered unless full payment has been made in respect of the product or service.
8. PAYMENT VIA DEBIT ORDER:
8.1. THE CLIENT agrees that submission of bank account information to JUST FIND constitutes authorisation by THE CLIENT for WEDDINGFIND to debit the specified bank account for all fees owed by THE CLIENT to WEDDINGFIND.
8.2. The debit orders normally run on the 7th, 15th or 25th of each month for the current month in advance. (This may vary depending on public holidays and weekends.)
8.3. The first debit order run will include all fees for the first month following signature of the debit order mandate.
8.4. The debit order system closes on the 30th of each month. All account changes should reach us by the 3rd day of each month.
8.5. THE CLIENT is responsible for all bank fees, penalties or levies that are as a result of the use of a debit order. This includes any fees the bank may charge THE CLIENT as a result of THE CLIENT having insufficient funds at the time the debit order is presented.
8.6. WEDDINGFIND normally runs one monthly debit order per domain name.
8.7 Debit orders that were combined into a single debit upon THE CLIENT's request will be "un-combined" upon the combined debit being returned.
9. PAYMENT VIA CREDIT CARD:
9.1. We do not accept payment via credit card at the moment.
10. ADMINISTRATION FEE & OTHER FEES:
10.1. WEDDINGFIND will charge an administration fee for all declined debit order transactions, irrelevant of the reason for the debit order being returned or being declined.
10.2. The administration fee is currently R95 or 20% of the transaction value, whichever is the greater and is subject to change without notice.
10.3. THE CLIENT will be liable for all costs and damages associated with intentionally or unintentionally allowing or facilitating a third party's access to WEDDINGFIND's infrastructure, servers, software, hardware or bandwidth.
10.4. WEDDINGFIND reserves the right to charge an administration fee on any EFT or cash deposit.
11. CREDIT AND REFUNDS:
11.1. No credit or refund will be passed in any form.
11.2. No credit or refund will be passed for inactive or unused accounts.
11.3 No credit or refund will be passed for products ordered.
11.4 Deposits are non-refundable.
12. SUSPENSION AND UNSUSPENSIONS OF ACCOUNTS:
12.1. THE CLIENT's services will be suspended due to a debit order payment being returned or declined.
12.2. No notice will be issued of WEDDINGFIND's intent to suspend a site publication, or service.
12.3. WEDDINGFIND will not be held responsible for any damages, losses or claims as a result of a service being suspended.
12.4. Un-suspensions may take one or more working days.
12.5. THE CLIENT is still responsible for the monthly service fees.
12.6. A service may be suspended for various reasons including but not limited to misuse, non-payment, outstanding payments, illegal activities and or malicious behavior.
12.7. Re-activating an account will attract an administration fee.
12.8. If an account is suspended or a service is stopped then all information relating to the service may be deleted, removed, from our systems with no warning.
13. CLIENT SUPPORT:
13.1. THE CLIENT is entitled to email support free of charge.
13.2. THE CLIENT will be billed at WEDDINGFIND's standard hourly rate for all support provided due to errors in THE CLIENT's code.
13.3. THE CLIENT will be billed at WEDDINGFIND's standard hourly rate for all support provided due issues not related directly to WEDDINGFIND such as THE CLIENT's internet access.
13.4. Telephone support is available during the following office hours only (09:00 to 13:00 weekdays only). Support tickets may be submitted 24 hours a day.
13.5 THE CLIENT will also be levied an hourly rate or part there off for telephone support.
13.6 Support and client assistance is mainly done via the support system. This keeps track of relevant requests.
14. VIRUS SCANNING OF EMAIL:
14.1. JUST FIND will not be held liable for any damage THE CLIENT may suffer as a result of receiving a virus via email.
14.2. The CLIENT will receive a virus in their mail from time to time.
14.3. Virus protection remains THE CLIENT's responsibility.
14.4. WEDDINGFIND will not be held liable for any losses due to a virus.
14.5. No unsolicated e-mails will be tolerated and immediate suspension of the CLIENT account will occur.
15. CONFIDENTIAL ACCOUNT INFORMATION:
THE CLIENT hereby gives WEDDINGFIND permission to:
15.1. Perform a credit check on THE CLIENT's credit profile with one or more of the registered Credit Bureaus when assessing THE CLIENT's application for services
15.2. Monitor THE CLIENT's payment behaviour by researching their profile at one or more of the Credit Bureaus.
15.3. Use new information and data obtained from Credit Bureau in respect of THE CLIENT's future service applications.
15.4. Record the existence of THE CLIENT's account with the Credit Bureau.
15.5. Record and transmit details of how THE CLIENT has performed, and how the account is conducted by THE CLIENT in meeting their obligations on the account.
16. COMPANIES AND CLOSED CORPORATIONS:
16.1. In the event of THE CLIENT being Company or a Closed Corporation, then the directors or members do hereby bind themselves jointly and severally as surety and co-principal debtor unto and in the favour of WEDDINGFIND for the value of the account in the name of THE CLIENT.
16.2. THE CLIENT hereby authorises WEDDINGFIND to accept any alterations, cancellations or any other instructions relating to the service provided by Online Systems.
17. NEW SERVICE APPLICATIONS:
17.1. WEDDINGFIND reserves the right to decline any new service application. Submission of an online application form is no guarantee of acceptance by WEDDINGFIND. WEDDINGFIND will not provide reasons for declining a new service application.
18. AMENDMENTS TO THESE TERMS AND CONDITIONS:
18.1. These Terms and Conditions will be updated from time to time.
18.2. These Terms and Conditions will always be available to THE CLIENT on the web site.
18.4. THE CLIENT is responsible for visiting WEDDINGFIND's website on a monthly basis, so that THE CLIENT may be made aware of any notices posted in this regards.
19. LITIGATION AND ATTORNEY'S FEES:
19.1. In the event of any dispute arising out of or relating to this agreement, such dispute shall be resolved in PRETORIA, South Africa and WEDDINGFIND shall be entitled to reasonable costs, including collection costs and attorney's fees.
20. ENTIRE AGREEMENT:
20.1. This represents the complete agreement and understanding between WEDDINGFIND and THE CLIENT with respect to the subject matter herein. In the event that any term or provision of this agreement is held by a court to be unenforceable, then the remaining provisions shall remain in full force and effect. THE CLIENT certifies that he/she is of legal age in the country of his/her residence to enter into this agreement.
21. RELAXATION OF TERMS:
21.1. No relaxation of the terms of this agreement and no indulgence which one party may grant to the other, will in any way operate as an estoppel against the former party or be deemed to be a waiver of their rights, or in any other way limit, alter, or prejudice those rights.
22. DOMICILLIUM CITANDI ET EXECUTANDI:
22.1. THE CLIENT chooses the address which he/she/they submitted online to be his/her/their domicillium address.
23. CONSENT TO JURISDICTION:
23.1. Each party consents to the jurisdiction of the Magistrate's court in respect of any proceedings pursuant to this agreement but without ousting the inherent jurisdiction of the High court.
24. ADDRESSES FOR SERVICE:
24.1. THE CLIENT chooses the address submitted online (completed on the debit order form) to be the address where notices in relation to this agreement shall be served.
24.2. Any notice or legal process to be served on THE CLIENT shall be served on them at the address submitted on acceptance of the offer which led to this agreement.
24.3. A notice which is sent by prepaid registered post in a correctly addressed envelope to the address submitted online will be deemed to have been received within ten days from the date it was posted.
24.4. A notice which is delivered by hand to a responsible person will be deemed to have been received on the day it was delivered.
24.5. THE CLIENT shall be entitled to amend his address by giving seven days written notice to that effect which address shall then become the client's domicillium address.
25.1. In the event of any legal action being taken on this agreement, WEDDINGFIND shall be entitled to costs on the attorney and own client scale, including VAT and collection commission.
26. GOVERNING LAW:
26.1. This agreement shall be governed by the laws of the Republic of South Africa.
27.1. THE CLIENT indemnifies WEDDINGFIND for any losses or damages of any kind that the client may suffer including, but not limited to, those that may result from service interruption, delays or non-delivery.
No Warranty: NO WARRANTY EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION WEBSITE ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.
Limitations of Liability: In no event shall WEDDINGFIND be liable for any act or omission, or any event directly or indirectly resulting from any act or omission, of Third Parties (if any). IN NO EVENT SHALL WEDDINGFIND BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, LOST PROFITS, INDIRECT OR OTHER DAMAGES, WHETHER BASED IN CONTRACT OR OTHERWISE, EVEN IF WEDDINGFIND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. WEDDINGFIND AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE AMOUNT RECEIVED BY WEDDINGFIND.
THE CLIENT acknowledges that WEDDINGFIND has entered into this Agreement in reliance upon the limitations of liability set forth herein and that the same is an essential basis of the bargain between the parties.
28. ACCEPTANCE OF TERMS:
28.1. Use of services constitutes acceptance of the terms and conditions contained in this agreement and any amendments thereto.
29. PRICES AND SERVICES
29.1. Prices are subject to change without notice. Proposals are valid for 7 days only. Work done out of scope will be charged for at listed development fees on a per hour basis. All proposals are deemed as work estimates. The amount of work involved is only an estimate and may change due to various factors.
29.2. Services and product offerings may be stopped, changed, updated, removed, outsourced at any time.
We respect your privacy. Your details are captured using the registration or contact form pages. This typically includes your name, email, contact details, company name, company location and company details. The information is used to contact you with relevant details. The information is stored in a database as well as backups of the site. We do collect statistics on the usage of the site. This includes the usage of cookies and other tracking services. Your details will not be shared with another party. If you want to change or delete your detail you can contact us to have it removed. You can also login and un-subscribe from any communications and emails from WEDDINGFIND.