1. DEFINITIONS
The following terms and conditions document is a legal agreement between MyCee Technologies CC ("MYCEE") and the client (“CLIENT”) for the purposes of any software, web or application development. These Terms and Conditions set forth the provisions under which CLIENT may use the services supplied.
MYCEE is a software and design provider offering CLIENT desktop, web and mobile applications, graphical design, SaaS and code in the following languages including, but not exclusive to Java, GWT, Python, PHP, CSS, XHTML, javascript.
2. PERMISSION AND COPYRIGHT
All pages, images, text and code on MYCEE's web site at http://www.mycee.com is copyrighted material.
CLIENT and any visitors to MYCEE's web site at http://www.mycee.com may not use any of the pages, images, text or code on the web site for use on CLIENT or visitor's own web site or to create a web site or templates without prior written permission from MYCEE.
Copyright of the completed web designs, images, pages, code and source files created by MYCEE for the project shall be with CLIENT upon final payment and only by prior written agreement. Without agreement, ownership of designs and all code is with MYCEE.
These terms of use grant a non-exclusive limited license so that CLIENT can use the design on one web site on one domain name only. CLIENT is not permitted to use a design for more than one website without prior written agreement between CLIENT and MYCEE.
CLIENT agrees that resale or distribution of the completed files in full or in part is forbidden unless prior written agreement is made between CLIENT and MYCEE.
CLIENT hereby agrees that all media and content made available to MYCEE for use in the project are either owned by CLIENT or used with full permission of the original authors. The Client agrees to hold harmless, protect and defend MYCEE from any claim or suit that may arise as a result of using the supplied media and content.
CLIENT agrees that MYCEE may include development credits and links within any code, designs, builds or amends.
CLIENT agrees that MYCEE reserves the right to include any work done for CLIENT in a portfolio of work.
3. MATERIAL
MYCEE reserves the right in its sole discretion to refuse to sell design or code to CLIENT who has a site which it deems is, including but not limited to, unlawful or inappropriate, contains a virus or hostile program, constitutes harassment, racism, violence, obscenity, harmful intent, spamming, contains adult content, commits a criminal offence, infringes privacy or copyright or any other questionable media at MYCEE's own discretion. MYCEE reserves the right to refuse to sell design or code to those thought or known as competitors of MYCEE. CLIENT may not purchase design or code for use in development of their own product to directly compete with MYCEE.
4.DOMAIN NAMES AND HOSTING
CLIENT agrees to take all legal responsibility for use of third party domain name, hosting and email services. Any support or payment due relating to the domain name, hosting and email services are to be made between CLIENT and the third party service.
CLIENT agrees to pass on all access details relating to their domain name and hosting account which MYCEE requires to setup a project if required as part of a project.
5. PROJECTS
All alterations for projects are to be requested in writing either by email or postal mail by CLIENT. After the specified allowed hours of alterations have been completed, MYCEE reserves the right to advise CLIENT as such and send a separate quotation to CLIENT and to request payment for any further alterations. MYCEE reserves the right to request payment be received for further alterations before continuing work.
Upon completion of an agreed design, CLIENT is asked to confirm in writing by email or postal mail that the design is signed off as complete and agree that any further design alterations are chargeable.
CLIENT agrees to provide any needed information and content required by MYCEE in good time to enable MYCEE to complete a project.
CLIENT agrees that an HTML page built from a graphic design may not exactly match the original design because of the difference between the display in design software and the rendering of HTML code by internet browsers. MYCEE agrees to try and match the design as closely as possible when developing the code.
MYCEE endeavours to create pages that are search engine friendly, however, MYCEE gives no guarantee that the site will become listed with search engines or of certain search results. In no event shall MYCEE be held liable for any changes in search engine rankings.
If an error or issue with the design or code arises during the project which does not allow the design or code to match the original specification, CLIENT gives MYCEE permission to implement an alternative implementation.
After project completion, CLIENT or a third party of their choosing may wish to alter their project to make updates. However, CLIENT agrees that in so doing they assume full responsibility for any issues which occur as a result of changing the code themselves. If CLIENT or a third party of their choosing alters the code and results in the project functioning or appearing incorrectly, MYCEE reserves the right to quote charge for repairs needed.
MYCEE reserves the right to assign subcontractors in whole or as part of a project if needed.
CLIENT agrees that it is their responsibility to have regular backups of their website and software made by themselves or third party services in case of a software or hardware failure.
All communications between MYCEE and CLIENT shall be via telephone, email, Skype or postal mail, unless otherwise agreed by MYCEE.
6. WEB BROWSERS
MYCEE shall make every effort to ensure sites are designed to be viewed by the majority of visitors. Sites are designed to work with the the latest version of major browsers Internet Explorer, Mozilla Firefox and Google Chrome. CLIENT agrees that MYCEE can not guarantee correct functionality with all browser software across different operating systems.
CLIENT agrees that after handover of files any updated versions of the major browsers Internet Explorer, Mozilla Firefox and Google Chrome, domain name changes or hosting changes thereafter may affect the functionality and display of their web site. As such, MYCEE reserves the right to quote for any work involved in changing the web site design or web site code for it to work with updated browsers, domain names or hosting.
7. PAYMENT TERMS
Quotations are valid for 7 days from date of issue.
All invoices must be paid in full within 7 days from the invoice date and MYCEE will carry out work only when an invoice has been paid by CLIENT, unless otherwise agreed by MYCEE.
Additional work requested by CLIENT which is not specified in the agreed quotation is subject to a separate quotation and MYCEE reserves the right whether to quote or accept additional work. If additional work is accepted by MYCEE, it may effect the timescale and overall delivery time of the project.
CLIENT can choose either to pay the full cost in one payment or split the cost into 2 payments to be agreed with MYCEE (100% or 50%-50%). Should the cost be split into 2 payments, the first half of the payment is to be received before work commences and the second payment to be received towards the end of work and before handover of finished project.
Once an invoice is sent to CLIENT, it must be paid via electronic fund transfer (EFT) accompanied by proof of payment.
MYCEE reserves the right to decline further work on a project if CLIENT has outstanding invoices.
CLIENT may request that MYCEE cancel a project in writing by email or postal mail to MYCEE and the project is cancelled only if MYCEE confirms work has not been started on the project. If MYCEE has begun or completed the work and CLIENT no longer requires the project, but have agreed to the work, they are still obliged to pay MYCEE for the work that has been carried out.
All invoices are submitted by email except where required otherwise by regulations or agreed at MYCEE's discretion.
MYCEE reserves the right to shutdown a live project if CLIENT has outstanding payments.
8. LIABILITY AND WARRANTY DISCLAIMER
MYCEE provides their web site and the contents thereof as is and makes no warranties with regard to the site and it's contents, or fitness of services offered for a particular purpose. MYCEE cannot guarantee the functionality or operations of their web site or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete.
MYCEE endeavours to provide a project within given delivery timescales to the best of it's ability. However, CLIENT agrees that MYCEE is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery timescale.
CLIENT agrees MYCEE is not liable for absence of service as a result of illness or holiday.
CLIENT agrees MYCEE is not liable for any failure to carry out services for reasons beyond it's control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
MYCEE is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.
On project handover from MYCEE to CLIENT, CLIENT shall assume full responsibility in ensuring that project is functioning correctly before use.
Whilst every effort is made to ensure projects are error free, MYCEE can not guarantee that the project will be error free. If after handover of project errors are found, MYCEE will fix these at its own discretion. If the errors are caused by something CLIENT has done or occurred as a result of browser updates or any third party influences outside of MYCEE's control, MYCEE reserves the right to charge for any work done to correct the problems.
Should CLIENT go into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, MYCEE reserves the right to cancel forthwith any projects and invoice CLIENT for any work completed.
MYCEE shall have no liability to CLIENT or any third parties for any damages, including but not limited to, claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate a project, even if MYCEE has been advised of the possibility of such damages.
There are sometimes laws and taxes which affect ecommerce. CLIENT agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend MYCEE and its subcontractors from any claim, suit, penalty, tax, or tariff arising from CLIENT exercise of ecommerce.
MYCEE may from time to time recommend to CLIENT that updates are needed to their software to comply with, including but not limited to, new legislations, software releases and web standards. MYCEE reserves the right to quote for any updates as separate work. CLIENT agrees MYCEE is not liable for any failure to inform or implement these updates to their site. CLIENT agrees that it shall defend, indemnify, save and hold MYCEE harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.
9. INDEMNIFICATION
CLIENT agrees to use all MYCEE services and facilities at their own risk and agree to defend, indemnify, save and hold MYCEE harmless from any and all demands, liabilities, costs, losses and claims including but not limited to attorney fees against MYCEE or it's associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by CLIENT or its third parties. CLIENT agrees this indemnification extends to all aspects of the project, including but not limited to web site content and choice of domain name.
CLIENT also agrees to defend, indemnify and hold harmless MYCEE against any liabilities arising out of injury to person or property caused by any service provided or agreed to be provided or any product or service sold by CLIENT or third parties, including but not limited to, infringement of copyright, infringement of proprietary rights, misinformation, delivery of defective products or services which is harmful to any person, business, company or organisation.
10. NONDISCLOSURE
MYCEE and any third party associates agrees that, except if directed by CLIENT, it will not at any time during or after the term of this agreement disclose any confidential information. Likewise, CLIENT agrees that it will not convey any confidential information about MYCEE to another party.
11. PRIVACY POLICY
In projects MYCEE and any third party associates shall use information provided by CLIENT in relation to this agreement in accordance with the Data Protection Act 1998 and also for the following purposes 1) to identify CLIENT in communications with them 2) to contact CLIENT from time to time to offer them services or products which may be of interest to or benefit CLIENT.
12. INTERPRETATION
MYCEE reserves the right to terminate a project with CLIENT at any time without prior notification if it finds CLIENT in breach of these terms and conditions. MYCEE shall be the sole arbiter in deciding what constitutes a breach. No refunds are given in such a situation.
This agreement shall be governed by the laws of South Africa which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. This agreement is void where prohibited by law.
Where one or more terms of this 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.
MYCEE reserves the right to alter these Terms and Conditions at any time without prior notice, the latest terms and conditions can be found at the MYCEE's website.
By accepting a quotation or making a payment of invoice to use the services supplied, CLIENT acknowledges to have read, understand, and accept the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions.
