1 Introduction and definition of terms

1.1 These Terms and Conditions (“the Terms and Conditions”) governs the Client’s order with Just Pointblank be that by:

• 1.1.1 Access and use of the Pointblank Design Studio website, located at the domain name www.pointblankdesignstudio.co.za (“the Website”); or
• 1.1.2 The Client’s order by other means including inter alia but not limited to telephonic, email, facsimile or in person.

 

1.2 Just Pointblank offers various design services including but not limited to website design, corporate identity

design, graphic design, search engine marketing and animated explainer videos.

 

1.3 By placing an order with Just Pointblank , the Client agrees to be legally bound by these Terms and Conditions.

 

1.4 In these Terms and Conditions

• 1.4.1. “The Client” means The company or individual places and order with Just Pointblank. To place and order with Just Pointblank the client must be 18 years or older.
• 1.4.2. “Just Pointblank” means the Primary designer/site owner & employees or affiliates.
• 1.4.3. “Domain Name” means t
  he root address of a website, e.g. www.webaddress.com. All such names must be registered with the appropriate naming authority, which will usually charge a fee.
• 1.4.4 “Copyright” means the
  laws that regulate the use of the work of a creator, such as an artist, photographer or author. This includes copying, distributing, altering and displaying creative, literary and other types of work.
• 1.4.5 “Downtime” means when the website is not accessible via the Internet. This may be because of a technical failure of the Host or because work is being carried out on the site.
• 1.4.6 “Host” means the company on whose system the Website physically resides.
• 1.4.7 “Link” means Hyperlink, a ‘clickable’ link embedded on a web page which may take the form of a graphic or text.
• 1.4.8 “Search Engine” means a website which contains a directory of websites on the Internet enabling users to find websites by subject matter classification.
• 1.4.8 “Website” means a collection of web pages and associated code which forms an integrated presence.
• 1.4.9 “Work” means the client’s websites designed by Just Pointblank in accordance with the client’s specifications.
• 1.4.10 “Order” means the order submitted by the Client
• 1.4.11. References to “Clauses” are to these Terms and Conditions
• 1.4.12. Headings are for ease of reference only and shall not effect the interpretation or construction of the Terms and Conditions.
• 1.4.13. Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender

and reference to persons shall include and individual, corporation, firm or partnership.

• 1.4.14 . References to “include” or “including” or like words or expressions shall means without limitation.

 

2. Fees

2.1 Deposit

• A non refundable deposit of 50% of the total fee payable under the contract is due immediately upon the signing of the contract. The remaining 50% shall become due when the Work is completed to the reasonable
  satisfaction of the Client.(Subject to the terms of Clause 4.3 Approval of Work and Clause 4.4 Rejected Work hereof). Just Pointblank reserves the right not to begin the Work until the said
  deposit has been paid in full.

 

2.2 Travel Time and Expenses

• No charges for travelling time will be incurred prior to your approval for work to commence.
• Travelling time to and from customer premises is not generally included in any estimates and Just Pointblank reserves the right to make a charge for travelling time at the normal
  consultancy rate of R 350 per hour.

 

2.3 Registration and Hosting Fees

• The fee quoted in the contract excludes the cost of domain registration and hosting.
• Future renewals will be subject to an additional admin charge payable to the provider.

 

2.4 Maintenance Fees

• Maintenance, if included in the contract, shall be on a month to month basis, with a minimum of R 400 payable in any month where updating is necessary.

• Fees will be assessed on an hourly basis at R 350 ZAR per hour or part thereof.
• No fee will be required in a month where no updating is necessary.
• Search engine re-submissions, other than the original submission included in the contract fee, shall be included in the maintenance fee

 

2.5 Work Outside our Scope

• Any technical or specialised work specifically requested by the client that is outside our remit may be outsourced.
• Just Pointblank will aim to provide alternative solutions to match the client’s needs.

 

3. Disclaimers

 

3.1 Third Parties

• Just Pointblank is unable to take responsibility for services provided by third parties through us or otherwise including the Hosting of the Client’s Website.

 

3.2 Maintenance and Correction of Errors

• Just Pointblank is unable to take responsibility for the functionality or maintenance (unless a maintenance contract is in place) of the Website once the initial contract has been completed.
• Errors (both technical and typographical) attributable to Just Pointblank will be corrected free of charge.
• Just Pointblank reserves the right to charge a reasonable fee for correction of errors for which Just Pointblank is not responsible, including, but not limited to
  malicious modification of the Website by a third party and typographical errors contained in materials provided by the Client.

3.3 Extent of Work

• Installation to the Internet is limited to the uploading of all necessary files to the Host, and testing functionality.
• Just Pointblank will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web
  browsing software Microsoft Internet Explorer and to an acceptable level with Mozilla browsers, such as Firefox. Pointblank Design Studio can offer no guarantees of correct function with all browser software as
  they constantly change.
• The website is provided to and accepted by the client as a fully functioning, completed work and Just Pointblank is not responsible for future support.
• Future support can normally be provided upon request and for an agreed fee. No guarantee of future support is given unless an ongoing support package is negotiated.

 

3.4 Consequential Loss

• Under no circumstances will Just Pointblank be responsible or liable for financial or other loss or damage caused by the failure or use or misuse of its software.
• The client should be aware that unless you have maintenance contract, Just Pointblank does not hold any responsibility for keeping backup copies of the website.
• The Client should ensure that data on their site is regularly backed up and that a contingency plan is in place to minimize possible losses as a result of software failure.
• Unfortunately malicious software, spy-ware, viruses and website hacking are common threats and Just Pointblank cannot be held responsible for problems that develop on completed sites as a
  result of such illegal activity.
• Should changes in technology mean that at some future date the website no longer functions as originally intended, Just Pointblank will undertake to update the website accordingly, subject
  to the contractual hourly fee.

 

3.5 Status and Duration of Offers

• Website proposals and are valid for a period of one month from the date issued. Just Pointblank is not bound to honour offers that have expired.
• Offers are not legally binding until an acceptable timetable for the work has been agreed by both parties. This timetable must be agreed within the month that the offer is valid. If an acceptable timetable has not
  been approved by both parties within one month of the offer being made, the offer is deemed to have expired.

3.6 Search Engine Listings

• Registration of the Website with Search Engines will only be undertaken if contractually agreed with the Client
• Just Pointblank cannot guarantee listings as the Engines themselves determine who to list.
• All sites will be designed with search engine appeal in mind, but Just Pointblank Design is unable to make any guarantees about the success of any search engine positioning.

 

4. Completion of work and payment

 

4.1 Completion of Work

• Just Pointblank warrants completing the Work in accordance with its Standard Terms and Conditions to the specifications previously agreed with the Client.
• Just Pointblank will not charge more than the amount previously agreed unless the Client has varied the specifications of the Work since the agreement.
• Just Pointblank will not undertake changes to the specifications of the Work which would increase the cost, without prior written authorisation from the Client.

 

4.2 Supply of Materials

• The Client is to supply all materials and information required for Just Pointblank to complete the Work in accordance with the agreed specification. Such materials may include, but are not
  limited to, photographs, written-copy, logos and other printed materials.
• Where the Client’s failure to supply such materials leads to a delay in completion of the work, Web boutique has the right to extend previously agreed deadlines for the completion of the Work by a reasonable amount.

 

4.3 Approval of Work

• On completion of the Work, the Client will be notified and have the opportunity to review it. The Client should notify Just Pointblank in writing, of any unsatisfactory points within 3 days
  of receipt of such notification.
• Any of the Work which has not been reported in writing Just Pointblank as unsatisfactory within the 3 day review period will be deemed to have been approved.
• Approved, or deemed approved, work cannot subsequently be rejected, and the contract will be deemed to have been completed and the 50% balancing payment under Clause 2.1 Fees will become due.

 

4.4 Rejected Work

• If the Client rejects the Work within the 3 day review period, or will not approve subsequent Work performed by Just Pointblank to remedy any points reported by the Client as unsatisfactory,
  and Just Pointblank considers that the Client is unreasonable in his repeated rejection of the Work, the contract will be deemed to have expired
  and Just Pointblank can take any legal measures to recover both payment for the completed Work and reasonable expenses incurred in recovering payment.

 

4.5 Payment

• Upon completion of Work, Just Pointblank will invoice the Client for the 50% balancing payment in accordance with Clause 2.1 Fees hereof, which, in the absence of agreement to the contrary,
  is to be paid by the Client within 7 days of the date that the invoice was issued.
• Payment is currently accepted by EFT or cash in South African Rand, unless otherwise agreed.
• Invoices will be sent by email unless otherwise requested.
• Just Pointblank will send an email reminder for any accounts that have not been settled within 7 days of invoice date. Payments not received within 3 days of our final reminder will incur a late
  payment charge of 10% of the amount outstanding.

 

4.6 Remedies for Overdue Payment

• • If payment has not been received by the due date, Just Pointblank has the right to suspend ongoing work for Client, until such time that full payment of the outstanding balance has been
    received.
  • If full payment has still not been received 7 days after the due date, Just Pointblank has the right to replace, modify or remove the Website and revoke the Client’s licence of the Work until
    full payment has been received.
  • By revoking the Client’s licence of the Work or removing the web site from the Internet Just Pointblank does not remove the Client’s obligation to pay any outstanding monies owing.

 

5. Intellectual property

 

5.1 Offers and Proposals

• Offers and proposals made by Just Pointblank to potential clients should be treated as confidential and remain the property of Just Pointblank.
• Such offers and proposals or the information contained within them must not be passed to third parties or publicly disseminated without prior written authorization from Just Pointblank . This
  includes, but is not limited to, technical features, functionality, aspects of the design and pricing information.

 

5.2 Warranty by Client as to Ownership of Intellectual Property Rights

• The Client will obtain all the necessary permissions, copyrights and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks or any other material it supplies
  to Just Pointblank for inclusion on the Website.
• The conclusion of a contract between Just Pointblank and the Client shall be regarded as a guarantee by the Client to Just Pointblank that all such permissions
  and authorities have been obtained and that the inclusion of such material on the Website would not constitute a criminal offence or civil delict.
• By agreeing to these terms and conditions, the Client removes the legal responsibility of Just Pointblank and indemnifies the same from any claims or legal actions however related to the content
  of the Client’s site.

 

5.3 Domain Name

• Any Domain Name obtained will belong to the Client.
• The Client agrees to indemnify Just Pointblank, including any incidental costs, against any claims that a Domain Name applied for, or obtained, violates the intellectual property rights of a third
  party.
• The Client warrants that the domain name sought is not a trademark of a third party.

 

5.4 Licensing

• Once Just Pointblank has received full payment of all outstanding invoices and the Work has been approved by the Client in accordance with Clause 4.3 hereof, the Client will be granted a
  licence to use the Website and its contents.

 

5.5 Trade Secrets

• Unless otherwise stated in the contract, Just Pointblank, as creator of the work retains the copyright. This includes copyright on modified images, actual website design and any content they have
  written.
• Any code that is not freely accessible to third parties and not in the public domain, and to which Just Pointblank or their suppliers owns the copyright, may not be copied, published, distributed
  or passed to any third parties in any form without prior written consent from Just Pointblank.
• Unless previously agreed otherwise in writing, no modifications may be made by the Client or any third party to code to which Just Pointblank or their suppliers owns the copyright.
• Just Pointblank acknowledges the intellectual property rights of the Client. Information passed in written form to Just Pointblank which the Client has indicated is confidential
  or a trade secret, will not be published or made available in any other way to third parties without the prior written consent of the Client.

 

5.6 Credits

• Just Pointblank retains the right to display a credit and link to their website on the client’s site.
• The credit will be displayed at the foot of each page for an indefinite period.

 

6. Rights and responsibilities

 

6.1 Right to Terminate

• Just Pointblank reserves the right to refuse or break a contract without prior notice, if it is believed that the Client, their Website, or any material is illegal, immoral or otherwise
  unacceptable.
• Should the client wish to cancel at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly.
• Cancellation may also be agreed with mutual consent and JustPointblank will invoice accordingly.

 

6.2 Events Beyond the Control Just Pointblank

• Just Pointblank will not be liable for breach of contract where that breach was due to software, hardware or electrical failure, natural events such as fire or other events beyond the control
  of Just Pointblank .

 

6.3 Supply and Pricing of Services

• Just Pointblank reserves the right to use whoever it feels appropriate at the time for third party software and services, and to alter its prices as necessary without prior notice and without affecting
  existing contractual pricing agreements.

 

7. Interpretation

 

7.1 Jurisdiction & Arbitration

• This Agreement shall be governed by the laws of South Africa which shall claim venue and jurisdiction for any legal action or claim arising from the contract between Pointblank Design Studio and the Client. The said
  contract is void where prohibited by law.
• Just Pointblank designs websites in accordance with the client’s specifications. It is the client’s responsibility to ensure that the website and its content comply with standing
  regulations.
• Any dispute arising out of, or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the AFSA Rules,
  which Rules are deemed to be incorporated by reference into this clause.

 

7.2 Survival of Contract

• Where one or more terms of the said contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.

 

7.3 Change of Terms and Conditions

• Just Pointblank reserves the rights to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such
  changes being posted to this Site. It is the Client’s obligation to periodically check these Terms and Conditions at the Site for changes or updates. The Client’s continued use of this Site following the posting
  of changes or updates will be considered notice of the Clients’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.