TERMS & CONDITIONS

"website" - www.winaid.co.za

"We/Us" - Winaid or any of its employees.

"Management/The Management" - A member of the Winaid Senior Management Team.

"Customer/Client/You/Your" - An individual who consents to place an order for any of the services listed on the website - www.winaid.co.za.

"Developer" refers to Winaid as a digital service provider that provides a variety of digital design services, including website design and development services.

"Projects" means the services available on the website; www.winaid.co.za.

"Protection of Personal Information Act" has the meaning given to it in South Africa (SA). The Protection of Personal Information Act 4 of 2013 (POPIA) offers the regulations and guidelines surrounding the collection and processing of personal information.

"Acceptance Criteria" In the client's reasonable opinion, the project meets the acceptance criteria. During the acceptance period, the client will send the developer an email confirming acceptance of the project.

"Acceptance Date" means the date that this acceptance is signed.

"Schedule" To remain efficient, we must ensure that the work we have developed or designed is carried out at the scheduled time. This refers to the schedule that is included with the Digital Project/Website Design Agreement.

"Delivery Date" means as specified in the quotation or invoice document, design agreement, or schedule plan.

"Digital Project/Website Design Agreement" means the design agreement and schedule that must be reviewed by the client, and if the client agrees to proceed with the processing of the order in accordance with the full terms and conditions, the client may electronically complete, sign, and email the Digital Project/Website Design Agreement directly, or you may print, complete, sign, and take a picture or scan and email the Digital Project/Website Design Agreement.

"Order" is deemed to be a written agreement between Winaid and the client, only by email or WhatsApp messaging.

"Design and Development" refers to the digital design, desktop, mobile, website, or project that the developer will create for the client under the design agreement, as outlined by the schedule's technical specifications.

"Business day" refers to any weekday (Monday through Friday) that is not a public holiday in South Africa.

"Business hours" means between 09:00 and 16:00, South Africa time, on a business day;

"Fees or Charges" means the amounts payable by the client to Winaid under or in relation to the Digital Project/Website Design Agreement (as set forth in the Schedule);

"Materials" means all photographs, graphics, images, illustrations, sound clips, graphics, animations, and text on the site, including digital services and products.

"Design Elements" refers to any mark-ups and style sheets included in or developed by the project, as well as the visual look of the project, including page layouts, artwork, pictures, logos, graphics, animations, video works, and text, but excluding:

▪ the Design Elements;

▪ the Customer Works;

▪ the Materials; and

▪ the Third-Party Works.

"Effective Date" means the date of execution of the Digital Project/Website Design Agreement;

"Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of or problems with the internet or a part of the internet, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks, and wars);

"Intellectual Property Rights" refer to all intellectual property rights, whether registered or unregistered, anywhere in the world, including any project or right of project for such rights (and the "intellectual property rights" referred to above include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, and trademarks).

"Third Party Works" refers to the project's works and materials, the intellectual property rights to which are owned in whole or in part by a third party (excluding customer works).

All documents are produced in English.

▪ In accordance with the terms and conditions outlined below, Winaid commits to render the client's digital design services, as described on Winaid's website, with reasonable expertise and care.

▪ We will use all reasonable endeavours fairly and lawfully to prevent the disclosure of any confidential information other than to persons who are employed or engaged by Winaid or who have been authorised by the client to receive such confidential information.

▪ All information submitted by you will be handled in accordance with our privacy policy.

▪ Winaid may share confidential information to its employees, advisors, and developers as necessary, given that each recipient is legally obligated to maintain the confidentiality of the information.

▪ These confidentiality obligations will not apply to confidential information published online or widely known by the client (other than as a result of a breach of this Agreement); 

▪ is known to Winaid and can be demonstrated by the client to have been known to it prior to the developer's disclosure; or

▪ is required to be disclosed by law or by an order (binding upon the relevant party) of a governmental authority.

Given the complexity, nature of business, and number of projects we manage, we prefer working virtually via email or WhatsApp messaging to the use of the phone, conference calling or in-person meetings. Since it makes communication and explanation of details and recommendations easier and diminishes the probability of misunderstandings. The main benefit of working virtually is the fact that we can work virtually with any client within South Africa, regardless of where they are located. Working virtually via email or WhatsApp messaging has benefited our clients, as well as being more productive for our team and keeping the client's project costs low. No travel expenses or hourly consultation and fees apply! All project correspondence—messages, conversations—is incorporated into and attached to the Digital Project/Website Design Agreement. An email or WhatsApp message gives both parties written confirmation in the case of issues in the development of your project. Winaid reserves the right not to communicate via phone, conference calling, or in-person meetings.

▪ At the time of the client's acceptance of the quotation via email or WhatsApp messaging, the client confirms and indicates acceptance of the terms and conditions. The client will receive an order confirmation and an invoice via email from our support team.

▪ Once-off minor digital design projects (under R1000.00), such as a digital business card and social media advertisements, are invoiced at a custom rate based on your technical needs. Winaid will send an invoice to you for payment. Since the total project fee is less than R1000, all such invoices require full payment within one business day of the invoice issue date, or as specified on the invoice if later.

▪ Most of our other larger development project services (above R1000.00), for example, website design, require a non-refundable deposit of 50% of the quoted fee and are due within one business day of the invoice issue date, or as specified on the invoice if later. The remaining 50% of the invoice total will be payable upon completion of the project.

▪ Payments can be made by direct bank deposit, cash, or EFT (reference: name and surname). The receipt of payment is deemed acceptance of the quotation, invoice, and Winaid's terms and conditions.

The following terms shall apply to your order if, for any reason, your bank or you do not honour your payment:

▪ If payment is not made by you within one working day after the date we send you an email with your order confirmation and invoice, we shall accept that you, the client, do not intend to use our services.

▪ In this case, the order will be deemed cancelled and closed.

▪ Both parties will not need to communicate further.

▪ We can only commence work on an order once we have received all the necessary documents and details and once full payment has been received and authorized. Our turnaround time is calculated from the point at which we receive the required information and full payment in order to fulfil your order.

▪ Winaid will deliver the client's website or digital project on or before the delivery date for acceptance testing.

▪ The client will conduct acceptance tests during the acceptance period to determine:

   ▫ whether the website or digital project meets the project's technical criteria in all material aspects as outlined in the Digital Project/Website Design Agreement; and

   ▫ whether or not the website or digital project has any flaws;

▪ Changes should be requested along with an explanation of why they did not meet your expectations, as this information is critical for the next round of acceptance testing before your final changes are made.

▪ Not meeting the acceptance criteria

   ▫ The client will send an email notice to the developer during the acceptance period, detailing in detail the specific ways in which the website or digital project does not satisfy the acceptance criteria and, in the client's reasonable view, does not meet the criteria for approval.

   ▫ The developer will have a 2-day remedial opportunity to make changes to the project to ensure that it complies with the acceptance criteria if the developer determines that the website or digital project does not fulfil the requirements.

▪ If, in the client's reasonable opinion, the website or digital project passes the acceptance requirements, the client will send an email to the developer during the acceptance period to confirm acceptance of the project.

▪ The client does not give any notice to the developer before or during the acceptance period.

▪ The client publishes the website or digital project or uses the project for any purpose other than development and/or testing.

▪ If the developer does not receive an email notice during the acceptance period and the client does not provide receipt confirmation or amendments within two working days of the date the developer emailed the website, digital project, or link for clients' review and approval, then Winaid will accept your project "as is," and the order will be deemed complete and closed. Neither side will be obligated to communicate further.

▪ Any delayed amendments will be applied as a new invoice.

   

▪ However, we do recognise that our clients can be affected by circumstances beyond their control and therefore offer a cancellation policy that balances the cost of our administration costs, the cancellation of a consultant’s diary, and the research work undertaken.

▪ Within three hours of placing your order, either party may cancel the order in writing, as long as we have not yet begun working on your project.

▪ Within three hours of placing the order, either party may immediately end this agreement by providing written notice to the other party, provided that the other party commits any material violation of any provision of this agreement, and:

   ▫ the breach is not remediable,

   ▫ the breach is remediable, but the other party fails to remedy the breach within one day of receipt of a written notice requiring it to do so; or

   ▫ fails to pay any amount due under the Digital Project/Website Design Agreement in full and on time.

▪ If Winaid does not receive payment from the client within one working day of the date Winaid emailed the order confirmation and invoice, Winaid will assume that the client does not intend to use our services and will cancel and close the order.

   ▫ Neither side will be obligated to communicate further.

To cancel your order, please notify us in writing within 3 hours of ordering, provided we have not already started working on your CV package. Within 30 days of your cancellation, we will refund the full amount of the CV Package. Failure to inform us in writing that you want to cancel your order within 3 hours of ordering may mean that 0% of your payment will be refunded.

Please note that some older Microsoft Office versions are not fully supported on all devices, including formatting features. This means that some formatting features cannot be displayed correctly when viewing a Microsoft Office file using an outdated version of Microsoft Office. Editing Microsoft Office files on your device can also make them unusable. This is a Microsoft version compatibility issue over which we have no control. We would therefore recommend viewing and editing your Microsoft Office documents on a PC or laptop with a compatible Microsoft Word version installed. (at least the Microsoft Office 2016 version).

▪ While every attempt is made to check electronic documentation for viruses and bugs before transmitting by email, it is your responsibility to ensure that your computer is adequately protected from viruses, bugs, and Trojan horses.

▪ Winaid cannot take responsibility for any computer or Microsoft Office version compatibility issues you may experience with your individual PC, laptop, device, or Microsoft Word version.

Before the project's final delivery date, our design process allows for two revisions so that changes can be made as long as they fit within the original scope of work. We have the right to charge an extra fee for any adjustments after you have approved the project design or after this time frame has passed. If you need any further edits, you may request add-on design hours at our hourly design rate. If you want to change any specifics after approving the final project design, there will be extra fees.

▪ After two formal revisions have been made in accordance with your requirements and the approval and finalisation procedure has been completed, a new quotation or invoice will be produced for the development of additional versions of the design project, should you require additional revisions.

▪ If, after the project has been completed for your initial project scope, you decide you would like it targeted for a different concept of audience or a different marketing strategy, a new quotation or invoice will also be generated.

Winaid will accept, as per our understanding, that you are satisfied with your designed project or website "as is" if no receipt confirmation or amendments are received from you within two working days of the date Winaid emailed your project file or website link for your review and approval. At that point, the order will be deemed completed and closed.

▪ There won't be any further communication needed between the two parties.

▪ Any delayed amendments will be applied as a new invoice.

In addition to the prices indicated in the Schedule, the client will be responsible for any licence fees for Third Party Works (unless the parties agree otherwise).

▪ Winaid is not affiliated with any third-party hosting service providers, and this agreement is made solely for the client's benefit and is not intended to be enforceable against the client.

▪ The clients' website may be hosted and managed for free by a third-party hosting service provider without ads, with the option to upgrade to third-party shared hosting options.

▪ Alternatively, the client can choose a local, paid hosting provider with affordable hosting plans.

▪ The client will be responsible for any third-party hosting fees or charges, as well as the use of paid third-party hosting, in addition to the project or website design costs specified in the Digital Project/Website Design Agreement.

▪ The client is responsible for ensuring that the information they supply complies with all applicable laws, rules, and third-party rights ("Unlawful Content").

▪ The client also agrees not to use the site to violate, plagiarise, or infringe upon the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights, or to submit or publish libellous or otherwise unlawful material.

▪ The client will indemnify and keep Winaid indemnified against all damages, losses, and expenses (including legal expenses) arising from any claim that the client's works contain unlawful content or any legal proceedings relating to such a claim.

▪ As with any other intellectual and/or industrial property rights in the website, design elements, documentation, and similar items that the client has ordered and that the developer has developed or prepared in accordance with the agreement, developer copyright in such website or project design elements, documentation, and the like is retained by the developer.

▪ The developer shall retain ownership of all patents, copyrights, trademarks, trade names, trade secrets, and other proprietary rights relating to or residing in the pre-existing technology, as well as all updates, modifications, and extensions designed or developed during the project's development. These rights will remain solely with the developer, and no other party will be granted a licence in this regard.

▪ Except for the clients and/or any third party, only the developer may alter, modify, translate, develop, improve, and transfer the project's results, design elements, documentation, and the like, in which the developer retains all intellectual and industrial property rights.

▪ No source code is disclosed to the client, and no rights to the source code are granted to the client.

▪ Nothing in the agreement is intended to award or suggest any rights under any intellectual and/or industrial property rights of or relating to any of the disclosing party's sensitive information to either party, whether by licence, grant, or otherwise.

▪ The developer will grant the client a non-exclusive, non-transferable worldwide licence to use the website solely and exclusively for its own needs, without the right to sublicense, market, sell, or transfer its licence rights in any way. This licence will be valid for the duration of the relevant intellectual property rights.

▪ The client warrants the developer.

   ▫ that it possesses the legal right and authority to enter into and perform the terms of the Digital Project/Website Design Agreement in relation to our full terms and conditions;

   ▫ that it is the owner of all licences, intellectual property rights, consents, and agreements in relation to project design elements, documentation, images, videos, and general design content provided by the client.

▪ The developer provides the following warranty to the client:

   ▫ that it possesses the legal right and authority to enter into and perform the terms of the Digital Project/Website Design Agreement in relation to our full terms and conditions;

   ▫ that it will exercise reasonable care and skill in carrying out its obligations under the Digital Project/Website Design Agreement in relation to our full terms and conditions; and

   ▫ that the website or digital project will continue to operate without any defects for a period of one month from the date of its acceptance, and if the website or digital project does not operate effectively due to defects during this period, the developer will then carry out any work required to ensure that the website or digital project operates without any defects during this period at no additional charge.

   ▫ The client acknowledges that the developer has designed the website or digital project to work with the software or technology specified in the Digital Project/Website Design Agreement, and the developer does not warrant that the website or digital project will work with any other software or technology.

Winaid shall not be held liable for the failure of the client to obtain business, promotion, or achieve any other objective. Winaid is not responsible for any indirect or consequential losses. Winaid is not responsible for any warranty or representation that is not expressly stated in these terms and conditions.

In consideration of the provision of the services, the client agrees

▪ to make the payments prior to receiving any services from Winaid.

▪ cooperate with Winaid by providing the information and materials requested.

▪ to follow the reasonable instructions of Winaid relating to the service you have ordered.

▪ You declare and warrant that the information you give to Winaid is true, not defamatory, does not infringe the copyright, trademark, or other intellectual property rights of any third party, and won't have any negative effects on Winaid.

▪ Any legal actions brought about by inaccurate or deceptive information on your website or in a digital project created by Winaid are not the responsibility of Winaid.

Should you find it necessary to make a complaint about any aspect of our services, please submit your complaint in writing to: admin@winaid.co.za.

▪ We endeavour to respond to all correspondence, including complaints, within a maximum of 48 hours from receipt. All complaints must be made in writing.

▪ Should a complaint not be resolved to a client’s satisfaction, we welcome arbitration from a respected and mutually agreed-upon independent third party, - all costs to be covered by the client.

By placing an order for any of our services or by submitting personally related information/material, you agree to be bound by our terms and conditions and privacy policy and agree that Winaid may, in its sole discretion, disclose information about you in the circumstances and to the extent set out in our privacy policy.