MEMORANDUM OF AGREEMENT BETWEEN
(Hereinafter referred to as the company)
(Hereinafter referred to as the customer)
WHEREAS the customer wants a website and the company are in the business of building, backing up , maintaining and updating websites. The parties have therefore entered into an agreement the terms of which are set out in writing hereunder.
The company is BEMEDIA a firm doing the business of building and maintaining websites and whose principal place of business is at
Represented herein by Jozef Borbely who warrants that he is duly authorised to enter into this agreement.
The customer is identity number whose place of residence is at
Any reference to –
- the singular includes the plural and vice versa;
- natural Persons includes juristic Persons and vice versa;
1.3 any one sex or gender includes the other sexes or genders, as the case may be; and
1.4 the Law means the relevant enactment or legislative measure as at the Signature Date and as amended or re-enacted from time to time.
- The words “shall” and “will” and “must” used in the context of any obligation or restriction imposed on a Party have the same meaning.
- The clause headings in this Agreement have been inserted for convenience only and shall not be taken into account in its interpretation.
- 1Words and expressions defined in any sub-clause shall, for the purpose of the clause of which that sub-clause forms part, bear the meaning assigned to such words and expressions in that sub-clause.
- If any provision in a definition is a substantive provision conferring rights or imposing obligations on any Party, effect shall be given to that provision as if it were a substantive clause in the body of this Agreement, notwithstanding that it is only contained in the interpretation clause.
- If any period is referred to in this Agreement by way of a reference to a number of days or weeks or months or other intervals, the period shall be reckoned exclusively of the 1st (first) day and inclusively of the last day of the relevant interval, unless the last day falls on a day which is not a Business Day, in which case the last day shall be the next succeeding Business Day.
- If the due date for performance of any obligation in terms of this Agreement is a day which is not a Business Day then (unless otherwise stipulated) the due date for performance of the relevant obligation shall be the immediately succeeding Business Day.
- If any obligation or act is required to be performed on a particular day it shall be performed (unless otherwise stipulated) by 16h00 (local time at the place where the obligation or act is required to be performed) on that day.
- This Agreement shall be governed, interpreted and enforced in accordance with the Laws of South Africa from time to time.
10.No provision of this Agreement shall (unless otherwise stipulated) constitute a stipulation for the benefit of any Person (stipulatio alteri) who is not a party to this Agreement.
11.The rule of construction that this Agreement shall be interpreted against the Party responsible for the drafting of this Agreement, shall not apply.
- The company will design a website for the customer in accordance with the customer’s instructions. The customer will choose, the colour scheme, logo and content. Should the customer then wish to deviate from these chosen items, an additional charge agreed upon by the parties will be charged.
Once the website is approved in writing by the customer, then the initial contract period of 24 months will begin.
- The Customer will pay via a debit order an amount of R500.00(five hundred rands) a month for a minimum of 24 months. After 24 months, the monthly fee will increase in accordance with the consumer price index.
13.1 R500 is for the Lite Plan
13.2 R1200 is for the Plus Plan
13.3 R4000 is for the Premium Plan
- The amount referred to in 13 above pays for the following-:
14.1 The Design of the website;
14.2 Monthly back-ups of the website
14.3 Maintenance of the website.
14.4 License fee for utilisation of the software used in the design.
14.5 The customer will be entitled to 30 minutes or 12 changes or updates to their website, whether it be updates or amendments (not including colour scheme logo and design) in a 1-month period. Should the customer fail to utilise the 30 minutes or 12 changes or updates then they will be forfeited, in other words the amount will be not be included in the following month’s total of changes.
14.5.1 The 30 minute or 12 changes apply to the Lite Plan
14.5.2 The 2 hours or 48 changes apply to the Plus Plan
14.5.3 The 4 hours or 96 changes apply to the Premium Plan
14.6 The abovementioned subscription is limited to one domain and 500mb server disk space. Any further domains or larger disk space will incur an additional fee to be agreed upon by the parties.
14.7 The customer will not be supplied with any login details of the editable version of the website or its control panel . All updates, modifications and technical management will be undertaken by the company.
14.8 We will register the domain on behalf of the client as per their request.
- The client can request additional optimal add-ons. These will be prices according to the requirements of the client.
- We reserve the right to display all aspects of our creative work, including screenshots, work-in-progress designs, and the completed project on our portfolio and in articles on websites or any other media. We are proud of our work and reserve the right to apply the text ‘Web design by BeMedia ’ (or any combination of text citing BeMedia ) on your website. Should you wish to remove the credit, a fee of R2500 applies. Removal of our name does not mean surrendering our design credit to any other party. Without our expressed consent, you agree that “web design by BeMedia” (or any combination of text citing BeMedia ) will be visibly displayed on your site acknowledging design credit.
15.1 Should your debit order not be honoured by the bank and you have failed to rectify the non-payment within 7 days of the debit order being dishonoured, then the company may suspend the website.
15.2 In the event of the website being suspended then the customer shall pay an additional R499.00 to reinstate the website.
15.3 In the event of three consecutive months being dishonoured by the customer, then the company may deregister the domain name, any email addresses linked to the domain and the website permanently. In this event, the customer will still be liable for payment of the remaining contract period as well as any costs incurred as a result of the customer’s breach including but not limited to attorneys fees on an attorney-own client basis as well as interest at a rate of 2% above the prime rate from date of breach to date of payment.
16.1 If the customer wants to terminate this agreement before the expiry of the initial 24(twenty-four month) period, then the customer shall be liable for payment of 50% of the remaining 24 month period.
16.2 Should the customer wish to terminate this agreement after the expiry of the initial period of 24(twenty four) months, then the customer shall be obliged to give one month’s written notice to the company of its intention to do so.
16.3 The customer acknowledges that the company is under no obligation to facilitate or assist in any way whatsoever to transfer the customer’s website to another hosting company. Provided that proper notice has been given and no fees are outstanding then the company will supply the customer with the standard technical back-up of the customer’s website. It is the customer’s obligation to ensure that the new hosting provider has the appropriate technology and applicable third party module/plug in licenses available to install, run and maintain the website.
- The customer acknowledges that the company has the right to cede its rights and obligations to a third party and the customer will remain liable for its contractual obligations.
- This is the whole agreement entered into by the parties and no representations have been made that are not contained in this agreement.
- No variation of this agreement will be valid unless reduced to writing and signed by both parties.
- The person signing this agreement will be personally liable for the obligations hereunder whether or not he/she is signing on behalf of a company.
- By completing your purchase, you agree to the terms and conditions outlined by BeMedia and agree to fulfill any and all payments enclosed in this document.