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Terms and Conditions

Overview

This website is operated by KLIEK CO (Pty) Ltd. Throughout the site, the terms “we”, “us” and “our” refer to KLIEK CO (Pty) Ltd. KLIEK CO (Pty) Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply  to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Authorisation
The CLIENTS authorise KLIEK CO (Pty) Ltd to perform all services mentioned in this agreement on the CLIENTS’ behalf. This may include but is not limited to, domain registration, accessing and/or creating databases, managing your online presence and creating advertising campaigns.

Agreement Scope

The CLIENT will always be liable for the full payment for the complete agreed service option. All services will be quoted separately via documentation.

Acceptance

KLIEK CO (Pty) Ltd will notify the CLIENT via email when the website is completed and the CLIENT will need to give approval to KLIEK CO (Pty) Ltd before the website may go live.

Ownership
KLIEK CO (Pty) Ltd reserves ownership of the website (Source files, databases). The CLIENT will not have access to Control Panel and its features, unless otherwise agreed to.

Domain Name Ownership

The CLIENT does own all domain names agreed upon. As long as the domains are paid for up to date. KLIEK CO (Pty) Ltd reserves the right to keep domain names for as long as payments are due to KLIEK CO (Pty) Ltd.

Client Self-Management
KLIEK CO (Pty) Ltd will give the client permission to add content on their website if they request it. KLIEK CO (Pty) Ltd reserves the right to bill additional costs should the CLIENT or any representative of the CLIENT (except KLIEK CO (Pty) Ltd) cause the website to malfunction

Website Management
KLIEK CO (Pty) Ltd performs monthly website management as mentioned in our monthly packages. CLIENT requests will be attended to within 36 hours. Completion times may vary depending on the requirements specifications.

Website Speed

KLIEK CO (Pty) Ltd will optimise the CLIENT’s website to improve speed and load time. Our benchmark on https://tools.pingdom.com/ is to achieve a score of “C” and higher.

Copy
KLIEK CO (Pty) Ltd will not type out any text found in any non-editable file format. All text/copy must be supplied in a format that can be copied and pasted.

Images

Should the client have his/her own images they want to use, they can send it to KLIEK CO (Pty) Ltd via any cloud storage, digital transfer or send us a memory flash disk via courier. KLIEK CO (Pty) Ltd will make use of stock images also. The CLIENT is bound by the terms and conditions of these stock images.

Logo
All logos must be provided in the best possible format.

Fees
The CLIENT will be informed of all costs via proposal / quotation documentation.

Payment
The CLIENT agrees to pay KLIEK CO (Pty) Ltd the agreed amount on the proposal or quotation document.

Should the CLIENT fail to pay the amount that was agreed upon, KLIEK CO (Pty) Ltd reserves the right to suspend the website and/or other projects/services until overdue balances are paid in full.

KLIEK CO (Pty) Ltd may retain any uncompleted work, domains or any service supplied as security, until all overdue payments are resolved.

In the event of cancellation, the CLIENT will be liable for the final payment of the one month (30 days) notice period.

In the event of any debt collection, legal fees caused by the CLIENT, the CLIENT will be held responsible.

Contractors
KLIEK CO (Pty) Ltd reserves the right to outsource any work requirements. Subcontractors will comply to this agreement.

Indemnification
The CLIENT hereby agrees to indemnify and defend at its sole expense: KLIEK CO (Pty) Ltd, its employees, agents, representatives, directors and shareholders, from and against any and all claims arising out of or based upon CLIENT’S use of all services, software or hardware provided or serviced hereunder, including, but not limited to, claims based on errors, omissions, copyright infringement, trademark infringement and patent infringement. In addition, the CLIENT agrees to pay any judgment and costs associated with such claim.

Promote
KLIEK CO (Pty) Ltd reserves the right to use any of the CLIENT’s projects as part of KLIEK CO (Pty) Ltd’ website portfolio of completed projects. KLIEK CO (Pty) Ltd also reserves the right to use the CLIENT’s projects/graphics for promotion purposes.

Open Source Software
KLIEK CO (Pty) Ltd uses open source software and plugins to render website/other services to the CLIENT. The CLIENT agrees to be bound by the Open Source Software’s terms and conditions.

Confidentiality
KLIEK CO (Pty) Ltd will not disclose to any third party or use any information provided by the CLIENT.

Force Majeure
In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Termination / Cancellation
The CLIENT may terminate the agreement by providing 30 days written notice. KLIEK CO (Pty) Ltd may terminate this Agreement with immediate effect by providing written notice the CLIENT.

Hosting
KLIEK CO (Pty) Ltd will specify hosting details separately in the proposal/quotation agreement.

The CLIENT is not able to use his/her own hosting provider for the website. However domains may be hosted elsewhere.

Browser Compatibility and Monitors
Website Colours will look different on each screen or monitor. Our websites are compatible with all major browsers such as Edge, Google Chrome, Mozilla Firefox & Internet Explorer (IE). All our website are responsive. The aesthetics and layout may look different in some browsers.

Spam

Spam is defined as email that is sent to a large number of recipients, where the recipients have not explicitly given permission to be emailed and the purpose of the email is to solicit a commercial action, eg. selling a product.

Mail servers use spam filters in an attempt to prevent spam from reaching the intended mailboxes. These spam filters use a variety of  filtering techniques to attempt to accurately determine whether an email is spam or not. Many of these spam filter ‘rules’ are based on words or characters that are commonly used in spam.

These techniques are dynamic and adapted on a regular basis as spam emails evolve in nature and content in an attempt to fool and bypass these filters. For this reason there is no complete list of rules to guarantee that email will pass spam checks. There are, however, some best practices you can follow to lessen the chance of your email inadvertently being classified as spam.

  • Avoid using all capitals in your subject and body unnecessarily.
  • Avoid using punctuation in the subject.
  • Avoid using excessive punctuation in the body, eg. punctuation!!??
  • Avoid substituting letters with numbers, eg. w3b h0sting
  • Avoid having gaps between the letters in words, eg. l e t t e r s
  • Avoid using many different font colours in your email.
  • Avoid using large font sizes.
  • Avoid using gimmicky words or phrases that are commonly found in spam emails, eg: Click Here, Buy Now, As Seen On, Money Making, Get Paid, Make Cash, Pre-Approved, Hot Deal, Satisfaction Guaranteed, Lowest Prices, Save Big, 
  • Include a text version of your email if you are sending an email in HTML format.
  • Maintain a good text to image ratio, ie. for every image include at least two lines of text.
  • Ensure that your internet IP address assigned to you by your Internet Service Provider is not listed on a spam blacklist.
  • Avoid using shortened URLs (web links) in your email body, eg. bit.ly or goo.gl
  • Avoid adding a large number of URLs (web links) to the email body.
  • Avoid using rude language or poor spelling.

Even if you do follow the above best practices, there may still be a chance that an email you have sent ends up in the recipient’s junk or spam folder. Spam filter administrators do not publicize their filtering techniques in a bid to stop spammers from circumventing spam filtering.

It is therefore advisable that if you do not receive a response within the expected time frame to follow up with the recipient via alternate means to confirm receipt of your email.

Illegal Activity
KLIEK CO (Pty) Ltd reserves the right to suspend/terminate the CLIENT’s website/hosting account, should there be any fraudulent or illegal activity on the website or any other service provided by KLIEK CO (Pty) Ltd.