1 General 1.1 Access and browsing of our websites, as well as any use of our products and / or services, indicates your acceptance of and agreement with, without qualification or limitation, our Terms and Conditions, Disclaimers and Privacy Policy. All clients and browsers of the Elite I.D.E.A.S and / or SnapSites websites agree to abide and be bound by these Terms and Conditions, Disclaimers and Privacy Policy.
1.2 Elite I.D.E.A.S reserves the right to modify, remove or add clauses to these Terms and Conditions, Disclaimers and Privacy Policy at any time. These modifications, removals or additions will become effective seven days after they have been posted on our website or directly sent to a client. Continued use of our services or browsing of our website will serve to signify the client’s acceptance of the changes. Each month’s use of our hosting services and/or SnapSites website solution and/or any other products or services offered by us will be regarded as a new project and thus subject to any updated Terms and Conditions. Please check this page regularly to remain informed of our current Terms and Conditions, Disclaimers and Privacy Policy
1.3 No addition to, variation of or cancellation of these Terms, Conditions, Disclaimers and Privacy Policy, including additions, variations or cancellations of this clause, that are made by a client will be of any force or effect unless made in writing and agreed to and signed by a trustee of Elite I.D.E.A.S.
1.4 No person using or browsing our websites or using our services may modify or use the content of our website or other materials including text, graphics, audio or any other means of communication or information, or any other information sent by Elite I.D.E.A.S, including text, graphics, audio or any other means of communication or information without our written permission, subject to the provisions in clause 1.6.
1.5 Elite I.D.E.A.S may communicate with you electronically from time to time, via e-mail and / or posting of notices on our websites. You agree that any such electronic communication shall satisfy any legal requirements that such communication “be in writing.” E-mail specifically will be regarded as “written” communication in all matters requiring changes or authorization to be given “in writing.”
1.6 Elite I.D.E.A.S grants interested website owners / webmasters a revocable, limited and non-exclusive right to place a hyperlink from their website to ours, subject to the following conditions:
1.6.1 Elite I.D.E.A.S be informed in writing of such link.
1.6.2 The link be removed immediately at our request.
1.6.3 The link does not portray Elite I.D.E.A.S or any of our products and / or services in any way which may be perceived as misleading, derogatory or offensive.
1.7 Webmasters / Ezine owners are also granted a revocable, limited and non-exclusive right to use any of the articles and information on our website or in our ezine for which we hold copyright in their ezines or on their own sites as long as the following conditions are met:
1.7.1 articles appear in their entirety, without any modifications or editing of their content and
1.7.2 with all links in place.
1.7.3 The articles and information are used for informational purposes only and are published / displayed / distributed free of charge.
1.7.4 The following (or such amended version as may be published from time to time) must also appear at the end of the article or information used:
"© Elite I.D.E.A.S Written by Lerynne Verster. Elite I.D.E.A.S (Internet, Design, Education, Advice & Solutions) - helping you succeed with online marketing! Visit http://www.elite-ideas.net and discover how to start improving your business with the power of online marketing!"
1.7.5 Any Webmaster / Ezine owner making use of one of our articles must send us an e-mail indicating when and where it will be published.
1.8 The Elite I.D.E.A.S and SnapSites websites are provided “as is” and have not been designed or developed to meet individual user requirements. It is the client and user’s sole responsibility to ensure that the services and products offered on these websites will satisfy his / her specific requirements.
1.9 Elite I.D.E.A.S reserves the right to withdraw any of the products and / or services offered on any of our websites at any time.
2 Project specifics
2.1 Elite I.D.E.A.S reserves the right to refuse or terminate a project (including SnapSites and fully customised websites) that in any way contains any material that is, including but not limited to, unlawful, discriminatory, defamatory, offensive, libellous, inflammatory, obscene, hateful or which contravenes the laws and statutes of the Republic of South Africa or any international law or which Elite I.D.E.A.S decides, for any reason, not to be involved with. Projects, and websites in particular, that deal with pornography, pirated software or hackers programmes or that violate copyright, trade secrets, trade marks or other intellectual property rights will not be dealt with by Elite I.D.E.A.S. Websites found to be violating this clause will be subject to immediate termination and / or cancellation at our sole discretion.
2.2 All documents, files and other communications and information sent to Elite I.D.E.A.S will be legible in both format and content. Text intended for inclusion in any project must be supplied in an editable digital format (e.g. Word document, plain text file etc).
2.3 Elite I.D.E.A.S reserves the right to use copies of completed projects as samples and part of its portfolio. Elite I.D.E.A.S further reserves the right to make known the fact, in writing or otherwise, that a client’s project was done or is being done by Elite I.D.E.A.S.
2.4 In the case of a translation where the source text is not clear in its meaning or where a direct translation cannot be made, the translator will strive to remain as close to the intent of the source text as possible.
2.5 Newsletter, e-mail and mass e-mail functionality supplied by Elite I.D.E.A.S may not be used for spam. Mail may only be sent to people who have expressly given their consent to receive e-mail from you. Abuse of this component will lead to immediate termination of the entire hosting account and removal of the system from the relevant server. The mass mailing / newsletter component intended for use with the SnapSites system is only suitable for lists of less than 5 000 subscribers. (Larger lists will require a dedicated mailing solution.) The component must also be setup to run via your ISP's mail server.
3 Copyright and ownership
3.1 Copyright of all content on our websites, in our marketing and educational materials and programmes (including but not limited to designs and original text and code (written by Elite I.D.E.A.S) graphics, logos and downloads) remains the property of Elite I.D.E.A.S unless indicated or specifically agreed otherwise and all rights to such content is expressly reserved.
3.2 All trademarks that are not owned by Elite I.D.E.A.S and that appear on our websites, in our marketing and educational materials and programmes are the property of their respective owners. Elite I.D.E.A.S is not responsible or liable for any information or views expressed in any way by the owners or representatives of such trademarks and / or their companies.
3.3 SnapSites website solutions are based on Open Source programmes and Content Management Systems. The source code of these programmes and CMS’s is licenced according to the GPL (General Public Licence). The installation, setup, research, customisation, updates, debugging and associated activities involved with both the designs / layouts and source code of the various systems and programmes, which are necessary to create and provide the specific websites solutions offered, as well as the creation and / or adaptation and provision of user manuals and help materials relating to these programmes and solutions as offered by Elite I.D.E.A.S, requires an advanced level of expertise in various disciplines and ongoing work on the part of Elite I.D.E.A.S. It is this expertise and the ongoing work by Elite I.D.E.A.S as is necessary to continue to provide SnapSites, that is charged for and not the original source code itself upon which our solutions are based. SnapSites website solutions and samples, in particular any customized designs and/or layouts and system customizations provided, remain the property of Elite I.D.E.A.S.
3.4 The client is not permitted to share or resell any of the SnapSites solutions and / or user manuals and / or help materials and / or any other product or service developed and/or offered by Elite I.D.E.A.S nor may he permit any third party to access the user manuals and / or help materials specifically developed by Elite I.D.E.A.S without the prior consent of Elite I.D.E.A.S. For security and protection of copyright, the client is obligated to inform Elite I.D.E.A.S if he has any reason to believe that password and/or login details needed to access any materials supplied by Elite I.D.E.A.S for the exclusive use of its clients have become known to any individual, group of individuals, company or organization who / that is not authorized to have them.
3.5 Fully customised and individually developed websites are the property of the client.
3.6 The client retains his copyright and ownership of any text and / or designs which he supplies for use in a project to be done by Elite I.D.E.A.S and warrants that such text and/or design or any other information does not infringe upon any copyright, trademark or other right of any third party.
4 Hosting
4.1 Elite I.D.E.A.S will administer the hosting of all websites designed, developed and / or maintained by us, unless specifically agreed otherwise.
4.2 All websites hosted through us will be subject to both these Terms and Conditions as well as Hetzner Africa’s hosting Terms and Conditions. (A copy of these Terms and Conditions is available on request.)
4.3 Hosting shall continue indefinitely and shall be terminable on the expiry of 30 days written notice given by either party to the other.
4.4 Hosting is payable from the date of registration of the client's domain name and / or the date on which work is started on his project. Hosting fees are not refundable.
4.5 Notice of an increase in hosting fees will be given 30 days in advance of the increase becoming effective. Unless notice is received in writing that the indicated increase is not acceptable and that the hosting contract shall thus be terminated on the expiry of 30 days (as stipulated in clause 4.3), it will be deemed that this increase has been accepted and that authorization for the increased payment via debit order has been given.
4.6 Please refer to clauses 9 and 10 with regard to hosting payments.
5 SnapSites websites
5.1 Clients ordering a SnapSites website will have a number of shelf layout “look and feels” from which to choose. Clients using our SnapSites website solution will be entitled to change to a different shelf layout "look and feel" offered by us once per completed 12 month period without extra cost.
5.2 Company logos will be added to the selected shelf layout website. Company specific photographs or graphics can be added to individual web pages. All text to be included on the website must be supplied in an editable, digital format. Setup fees do not include copywriting, translation, editing or proofreading of text unless otherwise specified.
5.3 The addition of any customized banners to a particular shelf layout website does not constitute individual customization of that website and it remains a SnapSites website. Client customized banners will be added to the selected shelf layout at no extra cost, provided they adhere to the specifications provided for that design.
5.4 SnapSites websites incorporate a Content Management System which allows the client to make updates and changes to his website himself. According to general industry standards and practice, this system is considered user-friendly. However, Elite I.D.E.A.S does not guarantee the client’s ability to use the CMS system.
5.5 SnapSites websites are subject to a minimum running period of six (6) months whereafter a minimum notice period of 30 days is required to terminate the website. Notice to terminate the website must be given in writing.
5.6 SnapSites websites are only available if they are also hosted through us. This service is not available for sites that are not hosted through us.
5.7 Websites found to be in violation of clause 2.1 are subject to immediate termination at our sole discretion.
5.8 SnapSites websites are usually completed within 22 working days from the day on which we receive all the information the client wants to have appear on his website (logo, content, graphics, etc). If the FastTrack option is selected, the website is guaranteed to be completed within 14 working days from the day on which we receive all the information the client wants to have appear on his website (logo, content, graphics, etc). The FastTrack delivery option is subject to availability. Only a limited number of FastTrack Snapsites are offered each month. Availability of this option will be confirmed when an order is received. If a client's website is not up and running within the guaranteed FastTrack delivery time, Elite I.D.E.A.S will repay the setup fees and host the website free for the first month. This guarantee is void should the website not be completed within 14 working days due to power failures, failure of fixed line (ADSL) internet connectivity, technical failures, labour disturbances, political disturbances, acts of terror, acts of God or any other circumstances beyond our reasonable control.
5.9 The setup of the photo gallery, catalogue and/or shopping cart functionality includes the addition of up to 35 product images which must be supplied by the client.
6 Domain names
6.1 Domain names are registered in the name of the client.
6.2 Domain names must be renewed annually. Clients using the SnapSites system will have their domains automatically renewed as part of the system and will thus incur no further cost for this renewal. Other website clients will have their domain names renewed as an additional service and this renewal will be billed for separately.
6.3 The client is responsible for the use and / or retention of his registered domain name(s). It is the client's responsibility to ensure that his domain name does not infringe on any copyright or trademark rights of any third party.
6.4 Elite I.D.E.A.S makes no guarantees as to the availability of any particular domain name.
6.5 Should a client request a domain name and the domain is subsequently registered with the spelling provided and it is then decided that the spelling is incorrect, the client will remain liable for the registration fees for that domain. The correctly spelled domain name can then be registered at the normal cost of a new domain registration.
7 E-commerce
7.1 Any bank and / or transaction fees associated with the use of a client's merchant account (which is normally necessary in order to conduct e-commerce trading and to enable payment by credit card on a website) will be for the client's own account.
7.2 In the case of credit card payment facilities being required on a website but where the client does not have a merchant account with a bank, use can be made of an alternative solution such as Setcom. Any fees associated with the setup and / or running of such a solution, as levied by the provider concerned, will be for the client's own account. The client shall furthermore also agree to such provider's Terms and Conditions.
7.3 Elite I.D.E.A.S shall undertake to integrate the chosen provider's merchant facilities into the client's website if the client so requires but accepts no responsibility or liability for the functioning, availability, security and / or accuracy of any aspects of the service that are delivered by and / or dependant on the provider of the merchant facilities.
7.4 Elite I.D.E.A.S accepts no responsibility or liability for any loss, damages, fees, reverse order costs or any other fees / costs the client may incur due to transactions on his website that are concluded by credit card. Any resolution of any issues or disputes arising from such transactions will be reached between the client and / or the bank concerned and / or credit card company concerned and / or the client's customer. The client indemnifies Elite I.D.E.A.S from any claim or involvement in such disputes.
7.5 It is the client's responsibility to remain vigilant with regard to all credit card transactions and to be on the look out for any fraudulent credit card transactions. Furthermore, it is the client's responsibility to check any payment made against his original pricing and ordering information and procedures, before effecting delivery of any service or merchandise.
7.6 Any VAT or other applicable taxes, import and / or export duties, shipping and delivery costs and any other costs associated with any transaction initated on or by a client's website must be calculated, accounted for and received / paid by the client. Elite I.D.E.A.S may provide a website by means of which e-commerce / online trading can be effected but the responsibility and liability for the pricing of goods and services so offered, as well as any fees associated with the completion of any envisaged transaction or resolution of any dispute arising from such transaction remains the client's sole responsibility.
8 Computer components
8.1 All new hardware except mice, keyboards and fans, come with a one year limited warranty, unless otherwise specified. Failure of hardware due to abuse, misuse, power surges, faulty electrical connections, acts of God and improper connection / installation are not covered by the warranty.
8.2 All hardware remains the property of Elite I.D.E.A.S until paid for in full. Elite I.D.E.A.S reserves the right to repossess any hardware supplied that has not been paid for in full according to the terms specified on the original quotation.
8.3 Elite I.D.E.A.S has a no returns policy on hardware. Warranties will be honoured but Elite I.D.E.A.S will not accept returns on hardware that has been ordered and delivered.
8.4 Orders which are cancelled before delivery will be subject to a 15% of quoted price handling fee.
9 Rates, Charges and Payment
9.1 General
9.1.1 Electronic media design & DTP quotations are based on the estimated time and complexity needed to complete a project. Translation project quotations are based on the word count of the original text and will be invoiced according to this count. Editing and proofreading quotations are based on the word count of the original text but are invoiced according to the word count of the final document.
9.1.2 Any extra project expenses, such as long distance telephone and fax calls or courier costs as well as any money transfer fees, are for the client’s account.
9.1.3 Acceptance of our quotation constitutes an order to work.
9.1.4 Domain names are registered in the name of the client and are subject to an annual renewal fee. This renewal fee (not applicable for SnapSites clients as it is included as part of the system) will be added to the client’s normal monthly fee and / or hosting invoice in the renewal month and collected with that month’s debit order payment.
9.1.5 For all other projects, except fully customised websites and SnapSites websites (which are payable according to the provisions below), and except hardware (see 9.2), a 50% deposit is payable upon acceptance of the quotation, the balance being payable on delivery of the completed project. This deposit is 50 percent non-refundable, with the other 50 percent becoming non-refundable once work has been started on the project.
9.1.6 Payment is strictly COD. If the deposit is waived for any reason, the total amount is payable upon delivery.
9.1.7 Late payments and / or outstanding accounts will be subject to interest from the date of invoice at prime rates as determined by the SA Reserve Bank from time to time. In the case of websites, if payment is not brought up-to-date within seven days, the website concerned will also be suspended and removed from the server and replaced with a notice which reads “This website has been suspended due to non-payment” until such time as the relevant payments are up-to-date. A “reconnection” fee of R150.00 will apply to websites that are removed and then reloaded on to the server due to late payments. Re-connections may take one or more working days and Elite I.D.E.A.S will not be held responsible for any damages, losses or claims which arise as a result of a website being suspended.
9.1.8 Any design, text, layout, programming, coding or other creation created or provided by Elite I.D.E.A.S may only be used for the purpose agreed upon between Elite I.D.E.A.S and the client and as specified on the quotation. Any use of any design, text, layout, programming, coding or other creation created or provided by Elite I.D.E.A.S other than for the purpose agreed upon between Elite I.D.E.A.S and the client and as specified on the quotation may be subject to additional charges.
9.1.9 Any design, text, layout, programming, coding or other creation for which Elite I.D.E.A.S is contracted will be supplied in the manner specified on the quotation. Supply of the design, text, layout, programming, coding and/or other creation in a format other than as specified on the quotation will be charged for at a rate of 50% above the original creation charge.
9.1.10 The client agrees to pay for all work done regardless of whether or not he still intends to use it in any way. If a website order is cancelled after Elite I.D.E.A.S has already started work on the project, the client will be billed for the work already done that is not covered by the deposit.
9.1.11 A new website will be hosted at a temporary URL while it is being developed. Once the website is completed and the final payment has been received, it will be transferred to its permanent URL.
9.1.12 Prices are subject to change and all quotations are only valid for twenty one days, except for hardware quotations, which are only valid for seven days.
9.1.13 The responsibility and liability for all collection costs and attorney's fees levied on any outstanding amounts owed to Elite I.D.E.A.S rests with the client.
9.2 Hardware
9.2.1 The full amount is payable upon acceptance of the quotation. Account facilities are not available and no deliveries will be made without proof of payment.
9.3 Customised websites
9.3.1 Two payment options are available for customised sections of website projects (setup fees for SnapSites modules are payable in advance before any work is started on the project):
9.3.1.1 A 50% deposit is payable upon acceptance of the quotation, the balance (plus any amount due for work in addition to that quoted on) being payable on delivery of the completed project. This deposit is 50 percent non-refundable, with the other 50 percent becoming non-refundable once work has been started on the project.
9.3.1.2 A 40% deposit is payable upon acceptance of the quotation. 30% of the total is payable at the end of the calendar month in which the quotation is accepted and the balance (plus any amount due for work in addition to that quoted on) is payable on delivery. This deposit is 50% non-refundable; the other 50% becomes non-refundable once work is started on the project.
9.3.2 With regard to both payment options: should work on a website be halted for more than 30 days from the initial deposit through no fault of Elite I.D.E.A.S, the remaining balance on the project will become due.
9.4 SnapSites websites and other Content Management System websites
9.4.1 Two payment options for the setup fee for a SnapSites website are available
9.4.1.1 The setup fee is payable in full via electronic transfer or direct bank deposit before any work is started on the website or
9.4.1.2 The setup fee can be included with the first month's debit order for the monthly hosting and SnapSites fees. Work is then started on the website as soon as the correctly completed order form and debit order form have been received.
9.4.2 Setup fees are non-refundable once setup is completed. Should Elite I.D.E.A.S be instructed to terminate the setup once work has already been started thereon, a refund minus any direct and indirect costs (including but not limited to domain name registration and man hours) already incurred by Elite I.D.E.A.S due to the work in progress will be made.
9.4.3 The monthly fees (including hosting fees) for a SnapSites website are payable one month in advance via debit order.
9.4.4 SnapSites websites and other Content Management System websites are built using a Content Management System which enables the client to make changes and updates to the website himself.
9.4.4.1 Should such an update result in the website becoming dysfunctional in anyway and Elite I.D.E.A.S is required to repair the website, an hourly rate will be charged (currently R335.00 per hour).
9.4.4.2 If a client would prefer Elite I.D.E.A.S to effect the addition of menu and / or new structural items from the beginning, these additions will be done at a rate of R50 per item.
9.4.4.3 If Elite I.D.E.A.S is required to effect the addition or editing of content on existing or new pages, such changes will be charged at the hourly rate.
9.4.5 Basic technical support via e-mail is free.
9.4.6 Technical support via telephone will be charged at a rate of R50 per 15 minutes or part thereof.
10 Debit Orders 10.1 SnapSites websites and hosting for all websites are payable monthly in advance and these fees will be handled by debit order. This debit order will normally be processed on the 21st or 1st of each month (depending on the selected payment dated)(this may vary slightly depending on public holidays and weekends).
10.2 Any changes with regard to the account on which the debit order will be run must reach Elite I.D.E.A.S before the 12th of each month.
10.3 Should a SnapSites website or hosting payment not be recovered during the normal monthly processing and the payment is not brought up-to-date within seven days, the website concerned will be suspended and removed from the server and replaced with a notice which reads “This website has been suspended due to non-payment” until such time as the relevant payments are up-to-date.
10.4 A “reconnection” fee of R80.00 will apply to websites that are removed and then reloaded on to the server due to late payments. Re-connections may take one or more working days and Elite I.D.E.A.S will not be held responsible for any damages, losses or claims which arise as a result of a website being suspended.
10.5 Should a debit order payment not be recovered on the 21st or 1st of a month (depending on the selected payment date) and the payment is not brought up-to-date within seven days, this payment will be processed with the next payment, resulting in a double payment the following month. A R80 administration fee will be charged for payments that cannot be processed.
10.6 A website’s yearly domain renewal fee (if applicable) will also be deducted via debit order when it becomes due. The renewal fee will be added to the hosting amount for the applicable month and will be processed as part of that month's debit order.
10.7 Other payments which may be made via debit order include monthly updates and newsletter payments. These debit orders will also normally be processed on the 21st or 1st of each month

(depending on the selected payment date). These debit orders can be combined with the SnapSites website fee or stand-alone hosting debit order for added convenience.
10.8 Clients making use of our debit order system authorize Elite I.D.E.A.S and our duly appointed agents to debit the relevant account with the applicable amount each month.
10.9 The submission of bank account information to Elite I.D.E.A.S constitutes authorisation by the client for Elite I.D.E.A.S and our appointed agents to debit the specified account for the amounts owed to Elite I.D.E.A.S.
10.10 Responsibility for all bank fees, penalties or levies (including fees charged to the client by the bank due to the client not having sufficient funds in the account at the time the debit order is processed) that arise as a result of the use of a debit order rests with the client.
11 Disclaimers (including e-mail disclaimers), Damages, Liability & Infringement 11.1 Any e-mail and accompanying attachments from Elite I.D.E.A.S and / or SnapSites may contain confidential and proprietary information. This information is intended for the use of the person to whom the e-mail was addressed and may be subject to legal privilege. If you are not the intended recipient, you are requested to please delete it and all copies of it from your system and are notified that any use, copying, distribution, disclose or taking of any action based on the information in the e-mail or any part of its contents is prohibited unless it is expressly indicated in the e-mail that you may do so. Information that is sent via e-mail is not guaranteed to be secure or error-free as it can be intercepted, corrupted, lost, destroyed or may arrive late or incomplete. Although all reasonable precautions are taken to ensure that our e-mails do not contain viruses or any other programmes of such nature, it is not guaranteed that our e-mails will be free of viruses or other such programmes and the sender cannot accept responsibility for loss or damage arising from the use of the e-mail or attachments. Furthermore, the sentiments and information contained in e-mail do not necessarily reflect the views and policies of Elite I.D.E.A.S. The sender of the e-mail may not be acting on behalf of Elite I.D.E.A.S and the contents of the e-mail must thus not be deemed to be binding on Elite I.D.E.A.S.
11.2 Elite I.D.E.A.S is not liable for any loss or direct, indirect, consequential, incidental or punitive damages arising as a result of your use of or inability to use our website and / or content thereof and / or use of or inability to use our services and / or products irrespective of whether such loss or damage is caused by a breach of any guarantee given by Elite I.D.E.A.S or by negligence (including gross negligence) or wilful conduct on the part of Elite I.D.E.A.S, its employees, agents, representatives and / or assigns. We provide no warranties whatsoever, express or implied. This includes but is not restricted to implied warranties of merchantability, fitness for a particular purpose, non-infringement, that the content of any and all of our materials is error-free and / or up-to-date and that service from our websites and / or servers will be 100 % uninterrupted and error-free.
11.3 While we take reasonable care not to transmit or propagate any of the following or similar material, Elite I.D.E.A.S accepts no responsibility or liability for any damage to your computer or equipment or documentation or material caused by any viruses, Trojan horses, worms, time bombs, cancel bots or other harmful programmes that may infect your systems as a result of your browsing and / or using our website and / or services and / or products and / or your downloading of any text, graphics, audio files, video, data files or receiving any other communications (including e-mails) in any form whatsoever that we may send to you.
11.4 Information sent and shared via the internet is susceptible to monitoring and interception. Thus we advise that confidential and / or proprietary and / or sensitive information not be sent or made available via the internet. All risk attached with sharing and / or sending such information rests with the client and Elite I.D.E.A.S accepts no responsibility or liability for any loss or damage that may result from information being monitored and / or intercepted.
11.5 Elite I.D.E.A.S may provide links / references to other sites and / or organizations on our sites and / or in our marketing and / or educational materials. We do not however, accept any responsibility or liability for any content published, views expressed, products or services offered or actions taken by such sites and / or organizations and any dealings with such referred to sites and / or organizations shall only be governed by the applicable agreements as entered into between yourself and such organizations.
11.6 The ideas, opinions and information provided on our websites and in our marketing and educational materials are provided for information purposes only and reflect our views as gained by our personal experiences and research in our various fields and disciplines. Neither Elite I.D.E.A.S nor any of its employees or agents accepts any liability whatsoever for the use of or inability to use any or all of the information contained in these communications. Elite I.D.E.A.S does not purport to offer any legal professional service and we strongly recommend that our clients consult with relevant professionals should any legal or other professional advice or assistance be needed.
11.7 All liability and / or responsibility with regard to any legally necessary or desirable compliance with any legislation which may be applicable to a client’s website and / or e-mail and / or other project rests solely with that client. Elite I.D.E.A.S is not liable or responsible for ensuring that a client’s website or other projects meets the requirements set by any applicable legislation to which the client or his business may be subject due to any reason whatsoever and we strongly advise that professional legal advice be sought in order to ensure any necessary or desirable compliance with relevant legislation.
11.8 Although the utmost care is taken with all aspects of a project, the client remains responsible for the final approval and thus retains all responsibility concerning the accuracy and image of the project. Elite I.D.E.A.S accepts no responsibility or liability for any loss or damage due to any errors, omissions or ambiguities, be they of a language, design or other nature. Should a translation however, be less than 95% accurate, Elite I.D.E.A.S will correct the work at no further cost.
11.9 The client accepts all responsibility for the accuracy of information provided on his website. Elite I.D.E.A.S is not responsible or liable for any content published on or shared via a client’s website and the client indemnifies Elite I.D.E.A.S from any and all claims arising from the dissemination of inaccurate information or information that is regarded as offensive or illegal in any way. Elite I.D.E.A.S does not accept responsibility or liability for the content of any material dealt with in any way whatsoever by us. The content of any project, as well as any views or opinions expressed therein, are the sole responsibility of the client and do not reflect the philosophies, attitudes or policies of Elite I.D.E.A.S.
11.10 The client further warrants that any materials submitted to Elite I.D.E.A.S shall not infringe any other party’s copyright, trademark or other proprietary rights or any third party’s right of privacy or publicity and that the materials do not violate any law, statute, ordinance or regulation. The client indemnifies Elite I.D.E.A.S from any claims made by third parties as a result of non-compliance with the aforementioned.
11.11 Elite I.D.E.A.S accepts no liability for any damage or loss due to the late or incomplete delivery of any documentation. Elite I.D.E.A.S furthermore accepts no responsibility for the final product or the delivery thereof if the client fails to provide correct data such as contact details (address, e-mail address, etc.) or project descriptions.
11.12 Elite I.D.E.A.S accepts no responsibility or liability for any damage or loss of whatever nature, including the loss or damage of data or income, caused by late delivery as a result of, or by a website that is unavailable due to, service interruptions, delays, power failures, technical failures, failure of fixed line (ADSL) and / or other internet connectivity, labour disturbances, political disturbances, acts of terror, fire, flood and / or acts of God or any other circumstance beyond our reasonable control.
11.13 Elite I.D.E.A.S shall take reasonable precautions to protect and backup any data supplied by a client for use in a particular project. However, no responsibility or liability is accepted for data which is lost by any means whatsoever and the client is solely responsible for ensuring that an independent backup of all data supplied to us exists, is available and is in good working order.
11.14 The client further warrants that any materials submitted to Elite I.D.E.A.S shall not infringe any other party’s copyright, trademark or other proprietary rights or any third party’s right of privacy or publicity and that the materials do not violate any law, statute, ordinance or regulation. The client indemnifies Elite I.D.E.A.S from any claims made by third parties as a result of non-compliance with the aforementioned.
11.15 Elite I.D.E.A.S is not responsible for the use of any project after it has been dealt with by us. Furthermore, the client indemnifies Elite I.D.E.A.S from any claims resulting from the use of any of our systems, products or services that causes damage to the client or any third party in any way whatsoever.
12 Disputes
12.1 Any disputes arising about the quality, extent or completeness of a project will be resolved between Elite I.D.E.A.S and the client by referring to the description and criteria concerning the project as specified in the quotation as well as these Terms and Conditions.
12.2 Should a client be dissatisfied with the final product, he should contact Elite I.D.E.A.S within seven days of receipt of the final product and specify the reasons for his dissatisfaction. Elite I.D.E.A.S will consider the client’s comments and will either correct the project at no further charge or will confirm that the project has been completed as agreed and quoted upon and that it meets industry standards. In such a case changes and amendments to the project will be made at an additional cost of R335.00 per hour. Any refunds that Elite I.D.E.A.S may decide to issue will only be issued to an amount equivalent to the billed amount less deposit.
13 Privacy Policy & Confidentiality
13.1 Elite I.D.E.A.S will take reasonable measures to ensure the confidentiality of all personal and banking details submitted to us and all employees requiring such details to carry out their duties will be bound by this privacy policy.
13.2 We shall not sell or distribute personal or other details to marketing or other agencies.
13.3 Elite I.D.E.A.S may, however, share information pertaining to you, including personal details, if we are required to do so in order to facilitate an agreed upon transaction or activity between you and a third party operating on our behalf and / or on our instruction.
13.4 Elite I.D.E.A.S also reserves the right to disclose personal information if required to do so by law, in the case of a court action brought by a client against Elite I.D.E.A.S or its agents, employees or anyone doing any work whatsoever for Elite I.D.E.A.S or if it is believed in good faith that the disclosure of such information is necessary to protect and / or defend the rights and / or property of Elite I.D.E.A.S or its other clients.
13.5 Personal information may be used by Elite I.D.E.A.S for the following purposes:
13.5.1 To supply the client with the services and / or products requested.
13.5.2 To maintain an ongoing business relationship.
13.5.3 To communicate directly with the client.
13.6 Clients may unsubscribe from our mailing lists at any time. Regular mailings, such as our newsletter, will then no longer be sent and we shall only contact the client directly in response to a further request for our services and / or products.
13.7 A visitor’s browser supplies the following information when our website is visited and we record this information in our server logs for statistical analysis:
13.7.1 The type of browser and operating system with which our website was viewed;
13.7.2 The visitor’s domain name extension (e.g. .co.za; .net);
13.7.3 The address of the website that referred the visitor to us.;
13.7.4 The IP address of the server used to connect the visitor to the internet (usually allocated by their ISP);
13.7.5 The date and time our website was browsed;
13.7.6 Which pages were viewed and which documents were downloaded.
14 Contact details 14.1 Elite I.D.E.A.S may be contacted at
- Cell: +27 83 631 2839 (Lerynne Verster, Marketing Manager)
+27 82 807 9232 (Remé Verster, IT and Technical Manager)
- Tel: +27 51 444 0799
- Fax: 0866 175 710
- E-mail:
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- Postal address: PO Box 29121, Danhof, Bloemfontein, 9310
15 Jurisdiction 15.1 These Terms and Conditions shall be governed by the laws of South Africa and both parties agree to submit to the jurisdiction of the Magistrate's Court in Bloemfontein, in the Free State Province, in the event that any proceeding shall be brought under the terms of this agreement.
16 The Agreement 16.1 Should any clause in these Terms and Conditions be unlawful, void or unenforceable for any reason whatsoever, such clause shall be severable from this agreement and shall have no effect on the validity of the remaining provisions. Failure on the part of Elite I.D.E.A.S to enforce or exercise any provision herein shall not constitute a waiver of such provision.
16.2 The client or his agent certifies that he is above the age of 18 years, has full contractual capacity and, if acting as the client’s agent, is duly authorized by the client to contract on the client’s behalf.
16.3 These Terms and Conditions supersede all other agreements and understandings, whether oral, written or otherwise, between Elite I.D.E.A.S and the client and, together with the signed and accepted quotation and / or order form, form the total agreement between Elite I.D.E.A.S and the client.