WHEREAS GPS ONLINE (hereby referred to as THE CONSULTANT) agrees to provide THE CUSTOMER with certain digital services/products, as set out below in return for an agreed fee. This agreement forms part of our commitment to transparency and openness that we believe is vital to any business relationship. This agreement shall be governed by, construed, and interpreted in accordance with the laws of the Republic of South Africa.
- INTERPRETATION AND DEFINITIONS
- A “project” can be any ongoing or once-off digital service/product provided by THE CONSULTANT to THE CUSTOMER.
- TERMS OF SERVICE
- THE CONSULTANT agrees to provide THE CUSTOMER with certain digital services/products which shall be agreed upon by the parties. The details of the services/products shall be set out in correspondence and quotations supplied by THE CONSULTANT and agreed upon by THE CUSTOMER. The said correspondence and quotations shall form the object and price of a contract that is binding on the parties.
- VARIATIONS FROM QUOTATIONS
- Due to the nature of digital services, price variations can occur as the project evolves. For this reason, any prices quoted may change depending on changes agreed upon by both parties.
- Any written correspondence between the parties including letters, emails, Skype and Whatsapp texts may vary the project parameters and accordingly vary the project price.
- THE CONSULTANT will supply THE CUSTOMER with written estimates for variations to projects if requested to do so by THE CUSTOMER. However, price variations shall apply when projects are varied whether or not prices have been quoted.
- Prices of subscription services/products may change without notice. THE CONSULTANT is an intermediary between the providers and THE CUSTOMER and may not be given forewarning of any pricing changes. In addition currency exchange and inflation may necessitate price changes.
- INVOICING AND PAYMENT
- THE CONSULTANT will specify in their estimate, how often THE CUSTOMER will be invoiced.
- Subscription fees will be charged monthly or annually in advance, as the case may be, to secure ongoing service.
- The first invoice of a monthly subscription service bills for 2 (two) months of the service in order to provide a buffer between service suspension and service cancellation in the event of failure of a monthly payment being received when due.
- Consultancy fees will be charged in arrears after such work has been completed.
- Should THE CUSTOMER fail to pay an invoice by the stipulated due date then THE CONSULTANT may suspend all further work for THE CUSTOMER and turn off services until such time as payment is made in full.
- Up to 4% can be charged additionally to any billed service due to exchange rate fluctuation and an additional 4% may be added to cover bank charges and card fees.
- For ad-hoc billing of advertising / usage-based services THE CONSULTANT may retain up to 30% of the agreed budget for management purposes including but not restricted to bank charges, advertising overspend and other unforeseen costs that may be incurred in the process.
- Discounts may or may not be provided to THE CONSULTANT by third party suppliers.
- Should a discount be provided, it is at the discretion of THE CONSULTANT to pass this on to the CUSTOMER and the terms on which that discount will apply.
- Google discounts are provided as fixed discounts and only allow an increase in licences with no decreases.
- Unleashed discounts are applied as long as they are available and may be removed at any point.
- THE CUSTOMER is responsible to ensure they are happy with the terms of any discount offered before making payment.
- HOURLY RATE CHARGES / IT SUPPORT
- THE CONSULTANT offers hourly support packages ad-hoc and monthly support packages on retainer. A standard hourly No Package Rate will be charged for work carried out without a support package agreed in writing.
- Upon agreement of the support package, the service will continue until such time as THE CUSTOMER discontinues the service in writing.
- THE CONSULTANT will at all times try to ensure that the services it provides function correctly, however, it will not be responsible for any poor performance; disruption; cancellation; virus or malware damage, loss of data; or other problems that may occur with the service/s provided by third parties. Should such problems occur, THE CONSULTANT will endeavour to the best of their ability and within their responsibility to minimise the effect and/or duration of any such instances and restore the services to their correct functions.
- If the problem is due to an error caused by THE CONSULTANT then THE CUSTOMER will not be charged for its repair.
- If the problem is not due to an error caused by THE CONSULTANT then THE CUSTOMER will be invoiced accordingly, unless the technical support offered by THE CONSULTANT falls within the scope of an existing support agreement.
- THE CONSULTANT may carry out market research to create projections for service performance, however, it cannot guarantee the performance of any service as they depend on variables out of THE CONSULTANT’S control.
- INFORMATION SUPPLIED BY THE CUSTOMER
- THE CUSTOMER is responsible for supplying THE CONSULTANT with accurate and up to date information in order for THE CONSULTANT to fulfil his contractual obligations.
- THE CONSULTANT will not be held responsible for any incorrect data used in the services deployed.
- THE CUSTOMER is solely responsible for the quality of images supplied to THE CONSULTANT.
- THE CONSULTANT does not accept liability where delays in reaching a deadline or launch date are caused by THE CUSTOMER. Examples include, but are not limited to:
- Supplying necessary data
- Providing design feedback
- Accepting and signing-off on work carried out
- PRE-EXISTING SERVICES
- THE CONSULTANT does not accept any liability for the performance of a website, database or any other digital entity/service that has been developed/setup for THE CUSTOMER by anyone other than THE CONSULTANT.
- In the provision of digital services, data backup facilities may be utilised in certain instances.
- In the case of hosting and ancillary services, it is the responsibility of THE CUSTOMER to back up their data, unless they utilise a subscription where THE CONSULTANT creates backups on a schedule agreed between the parties.
- If data is lost as a result of CUSTOMER misuse of the service or mistake, THE CONSULTANT may restore the data for a fee, however, they are under no obligation to do so.
- If data is lost as a result of problems with the facilities of THE CONSULTANT they may restore the lost data free of charge.
- TERMINATION OR SUSPENSION OF WORK AND BREACH
- In the event that THE CUSTOMER frustrates the progress of a PROJECT by failing to fulfil their obligations correctly/timeously then THE CONSULTANT may give 14 days’ written notice to THE CUSTOMER to fulfil his obligations, failing which the contract will be terminated and THE CUSTOMER will be charged for work already carried out.
- Should a CUSTOMER have paid for a PROJECT and work has been suspended due to the customer failing to fulfil his obligations for a period exceeding 12 months, then this contract shall be automatically cancelled and any amounts paid shall be forfeited.
- PROJECT COMPLETION
- Once a project has been completed / deployed by THE CONSULTANT a Sign-Off Form will be sent for THE CUSTOMER to complete within 15 days. Should a completed Sign-Off Form not be submitted after 15 days, the project will be considered closed. Resolution of any issues detected and brought to the attention of THE CONSULTANT subsequently will be billable.
- No indulgence which any party may give to the other party shall constitute a waiver by the former of any of its rights under this Agreement. Accordingly, that party shall not be precluded, as a consequence of its having granted such indulgence, from exercising any right against the other which may have arisen in the past or which may arise in the future.
What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, phone number or other details to help you with your experience.
When do we collect information?
We collect information from you when you subscribe to a newsletter, fill out a form or enter information on our site.
How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
- To improve our website in order to better serve you.
- To allow us to better service you in responding to your customer service requests.
- To send periodic emails regarding your order or other products and services.
- To follow up with them after correspondence (live chat, email or phone inquiries)
How do we protect visitor information?
We do not use vulnerability scanning and/or scanning to PCI standards.
We only provide articles and information. We never ask for credit card numbers.
We use regular Malware Scanning.
We do not use an SSL certificate
- We only provide articles and information. We never ask for personal or private information like names, email addresses, or credit card numbers.
Do we use ‘cookies’?
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies.
If you disable cookies off, some features will be disabled that make your site experience more efficient and some of our services will not function properly.
However, you can still place orders.
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information.
Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
We have not enabled Google AdSense on our site but we may do so in the future.
How does our site handle do not track signals?
We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third-party behavioural tracking?
It’s also important to note that we do not allow third-party behavioural tracking
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under 13, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation’s consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.
We do not specifically market to children under 13.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify the users via email
- Within 7 business days
We also agree to the Individual Redress Principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
- Send information, respond to inquiries, and/or other requests or questions.
- Process orders and to send information and updates pertaining to orders.
- We may also send you additional information related to your product and/or service.
To be in accordance with CANSPAM we agree to the following:
- To NOT use false or misleading subjects or email addresses.
- Identify the message as an advertisement in some reasonable way.
- Include the physical address of our business or site headquarters.
- Monitor third-party email marketing services for compliance, if one is used.
- Honor opt-out/unsubscribe requests quickly.
- Allow users to unsubscribe by using the link at the bottom of each email.
If at any time you would like to unsubscribe from receiving future emails, you can email us at [email protected]
Follow the instructions at the bottom of each email and we will promptly remove you from ALL correspondence.