Terms and Conditions
We have structured and worded our Terms to be easy to read and unambiguous because shouldn’t they all be that way. If you think we have got it wrong and need to change something please let us know.
Click here for Promotional Terms and Conditions
Click here for Sponsorship Terms and Conditions
1. User agreement
By using our Site, you consent to this agreement in its entirety.
Should we update, amend, or make any changes to this document, those changes will be prominently posted here.
Specific terms of use, disclaimers and other policies closely related to a type of service/product will be listed on that web page which you automatically agree to along with the terms on this page upon sign up. Service specific terms listed on web pages on this website supersede those on this terms page.
2. Interpretation and Definitions
2.1. Interpretation
The words in which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in the plural.
- For the purposes of this Terms and Policy:
- Us, Our, We refers to Web Force or anyone providing a service to you on behalf of Web Force.
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for the election of directors or other managing authority.
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to webforce.co.za.
- Content means all material on the Web Force website and all websites and its media assets created by Web Force.
- Cookies are small files that are placed on Your computer, mobile device, or any other device by a website, containing the details of Your browsing history on that website among its many uses.
- Country refers to South Africa.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Personal Data is any information that relates to an identified or identifiable individual.
- Service or Site refers to the Website.
- Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analysing how the Service is used.
- Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
- Terms and Conditions (also referred to as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. Terms also encapsulate, for simplicity a subsection dedicated to the Privacy Policy.
- Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
- Website refers to Web Force, accessible from WebForce.co.za.
- You means the customer, or the company, or other legal entity on behalf of which such individual is accessing or using our Service, as applicable.
3. Terms of Use
3.1. General Use Terms
- You may use Web Force and Our Service in accordance with this Agreement.
- The Accuracy of our data is extremely important to us. Should you come across information on our website that:
- i. Infringes any law, regulation, standard or relevant industry code,
- ii. Breach any of the requirements of this policy agreement,
- iii. Is incorrect, please let us know immediately.
- You must not
- i. Infringe the intellectual property rights of others,
- ii. impersonate or falsely state or misrepresent an affiliation with any person or organisation,
- iii. violate any applicable law, regulation, standard or relevant industry code,
- v. Use Web Force to promote or use, pyramid schemes, chain letters, junk email, spamming or any similar activity,
- vi. Access Web Force through any other means other than the Web Force Web interface,
- vii. Access Web Force through automated means using but not limited to scripts and web-scrapers.
- viii. In any way try to gain unauthorized access to the Site or User accounts for any reason.
Violating any part of this agreement may lead to your account and website being suspended or terminated. Web Force will pursue all the necessary legal avenues including compensation for damages to stop any organisation, group or individual and bring them to prosecution that may inflict damage to the Site, data, or reputation of Web Force.
3.2. Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not utilize Our Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
3.3. Links to Other Websites (cont.)
You further acknowledge and agree that the Company shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
3.4. Termination
We may terminate or suspend Your access immediately for gross violation of the law. In all other cases where our terms have been breached, you will be issued a notice to change or amend the content. After a reasonable period should this not be corrected, your website and related services will be suspended.
You may terminate any Service at any time with no cost provided there are no amounts owing.
3.5. Limitation of Liability
Web Force does not operate as a payment intermediary, payment processor, payment facilitator, money transmitter, money services business, or any type of business akin thereto for the purposes of, or in connection with, any transaction on the site. Web Force also does not fulfill any of the functions (whether as a whole or in part), of a payment intermediary, payment processor, payment facilitator, money transmitter, money services business, or any type of business akin thereto, whether in a direct or indirect manner.
As most of the content on websites created by Web Force comes from other users, we do not guarantee or give any warranty or make any representation as to the accuracy and content of postings or user communications or the quality, safety, or legality of what’s offered, or with regard to the legal capacity of the users that may conduct or complete any transaction. You agree not to hold us responsible for things other users post or do.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service or website, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
If We are found, despite the above-mentioned disclaimers, to be liable for any reason to you or any third party, the liability is limited to 500 ZAR (five hundred South African Rands). Under no circumstances is Web Force held accountable for any indirect damages, special damages, consequential damages, or loss of profits and/or data.
3.6. You must not:
- i. upload, post, transmit, publish, or otherwise make available any Accessible Content that You do not have a right to make available under any law, regulation, rule, or code or under contractual or other legal relationships,
- ii. upload, post, transmit, publish, or otherwise make available any false, misleading, inappropriate, profane, defamatory, abusive, threatening, obscene, indecent, sexist, derogatory or unlawful content or Accessible content,
- iii. infringe the intellectual property rights of others,
- iv. breach a law including, without limitation, any law that restricts advertising of a profession.
3.7. Content that contain or fall within ANY of the following are strictly prohibited:
- i. Hardcore Pornography
- ii. Defamatory content
- iii. Illicit drugs and narcotics
- iv. Illegal firearms and prohibited weapons of any kind
- v. Illegal activities (including piracy, academic plagiarism, infringements to Intellectual Property)
- vi. Racist, sexists, extreme political or content that is prejudice to any group of people
- vii. providing a service in direct competition to Web Force without our written permission.
3.8 Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
3.9 Fees
The use of Web Force is subject to fees found either on our Site or written quote provided to You. All costs will be clearly outlined and explained to you. Every Service provided to you shall be paid in full before We provide the Service unless explicitly discussed and agreed for in writing. Every Service provided shall be clearly explained and quoted to you in writing without any exceptions.
Customers who have chosen the monthly plan will be billed the advertised price initially thereafter be invoiced for the pro rata adjusted amount on the next 25th.
Because all our billing is run on the 25th of each month and fees are due 1 month in advance, the adjusted fee allows us to bill you the full amount as you would expect on the 25th of the 3rd month onwards.
Example: If you made a purchase on the 15th of January, you would pay the price advertised. Because this is a monthly cost, it covers you from the 15th of Jan to the 15th of Feb. The adjusted fee or pro rata fee on due on the 25th of Jan then covers the 16th to 25th of Feb. On the 25th of Feb your fee will then be the monthly price as advertised.
Customers who have purchased the website package on a yearly plan, will be billed again on the anniversary of their first bill.
Our fees are quoted in South African Rand (For South African clients) and US Dollars for non-South African clients, and fees may change them from time to time. We’ll notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.
Services already purchased are not subject to any special offers after the initial conclusion of the first transaction. Special offers for existing customers however will apply only to customers who have concluded the initial transaction.
Our Service relies on other 3rd party services such as hosting and development costs and as such all prices will vary from time to time. All quotes are therefore valid for no more than 14 days unless specified.
Fees charged on any type of service may be impacted by the exchange rate, natural and unnatural disasters and the political environment. Clients that pay for any website package for the year in advance, at the time for renewal will pay the price of the yearly package at that time.
Non-payment: If you account falls into arrears for longer then 7 days, we will temporarily disable services or in some rare cases permanently disable your service. Should an account fall into arrears for one month or a day before the next billing date, your services will be terminated. If only one invoice is in arrears, all services (on a month to month plan) all be impacted. Exceptional circumstances may or may not be given consideration upon contacting us.
Reinstating any permanently disabled or terminated service will require you to settle all previous debt and will incur additional charges.
We will pursue all legal avenues in the collection of moneys owed beyond 30 days and 3 written reminders.
Month-to-Month Plans: Month-to-Month plans (services that do not require an initial cost) are only available to approved individuals, businesses and organizations. If you have been approved for month-to-month services in the past, we may still disapprove you for month-to-month services in the future.
3.10 Refunds, Transfers and Cancellations
3.10.1 Refunds and Transfers
Refunds are applicable only to services paid for in advance less any development and licensing costs.
- If you wish to transfer away and you are
- on a monthly plan
- within the first 12 months of purchase
- require the website source files and domain
You are subject to a R1500 minimum fee.
2. If you want to transfer away and
- on a monthly plan
- require the domain only
You are subject to a R100 migration and administration fee.
3. If you wish to transfer away and
- paid for the year in advance or beyond 12 months on a plan
- require the website source files or domain or both
You will be subject to a R100 migration and administration fee.
All of the above are applicable if fees are up to date and requested within 30 days of purchase.
Promotional offers and Services at discounted rates are non-refundable.
Discounted development and chargeable work done for free will be charged (added to the above fees) for if a client transfers away within 6 months.
Website files will be provided using our current available means only (generally excepted). Exceptions may apply.
3.10.2 Cancellations
Cancellation of any ongoing service must be done before the 25th of the month at no additional cost.
You will still be liable for any outstanding invoices.
If you cancel on the 25th of a month, you will still be liable for next months invoice.
Cancellation of an ongoing service can be done at anytime by the account holder via email, WhatsApp or phone call.
Due to nature of web hosting, these services are continues and cannot be paused of put on hold.
3.10.3 Changing Plans
To change from one package or plan to another package or plan type, will incur additional costs over and above the cost of the new package or plan. In some cases this would not apply, you must contact us and we will advice you.
3.11 Site Availability
The websites we create for Customers are hosted by 3rd party providers within South Africa or internationally and we cannot be responsible for any outages, downtime related to these services. However, we have hand picked reputable service providers who maintain a high level of security and uptime.
3.12 Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Web Force.
3.13 Severability and Waiver
3.13.1 Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
3.13.2 Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
3.14 Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
3.14.1 Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and Our Service.
3.15 Promotional/Marketing Emails
By using Our service you agree to receive promotional material from Coherence Inc and its subsidiaries only. To unsubscribe to promotional content, click on the unsubscribe link at the bottom of the email.
We limit promotional/marketing content to a maximum of 1 per month.
3.16 Permissions and Functions
This section lays out the functions of Us and You when we provide You with a Service.
3.16.1 Website access
For the Website service we provide the customer with access to the backend of the website to manage the following functions:
- add and maintain product/service catalogues
- update texts and blogs
- update media
- other non-administrative tasks
In order for us to perform our duties in full to provide the best possible service, we do not provide full administrator access to the host computer or CMS. We remain responsible for the software maintenance of the website and the host machine at all times.
3.16.2 Website Functions (provided service)
The function of Web Force is to provide the Service as prescribed on our website and or otherwise mentioned. Unless specifically requested and billed for, we do not maintain the Content of the website e.g. blogs, articles, media, and so on. These require additional attention and are charged separately.
Customers may provide us with content to upload to the website during the billing cycle. We do not edit or modify this content proactively on your behalf. Customers who are inclined may perform these tasks themselves or allow us to do them at no cost provided this does not require additional development. As a guide in most cases but not all, development is required when new pages are created or dynamic content or new features is required.
Adding text or media on existing pages does not require development and requires no additional costs (see Support section below).
At the inception of the Site, the customer will need to provide us with write-ups, content specific to their personal or business needs. We take care of branding and images but you can certainly provide them if you have them. When in development we may request additional information or changes to the existing content you provide which we think may improve the quality of your website. We use our best judgement when applying media and may omit or add more when needed. Of course, if there are media or other content that must be on the site we will oblige. All customers are assumed to have read and accepted these terms in full.
Ongoingly it is the customer’s responsibility to ensure the maintenance of the content on the site.
Web Force as already mentioned maintains the functionality and uptime of the website. Should there be any major issues in this regard that requires your attention we will inform you timely.
For website customers, please note that maintenance is an ongoing effort so to ensure we maintain high security and performance standards, there will be down time approximately 20 minutes a month. This may not be consecutive and will be at times outside of business hours and on weekends.
3.17 Support
Support refers to: guidance using our services and requests to modify provided services.
All clients that host a website with us (excluding DIY web hosting plans) are permitted 2 free changes to their website limited to one hour of labour time. This excludes any change that requires development work. Clients can request for changes using any communication channel. If these changes exceed the monthly free limit, you will be quoted for it.
No change beyond the free limit is done before being quoted, invoiced and paid for.
3.18 3rd Party Service Providers
The types of services we offer sometimes depend on 3rd party providers. We liaise with them for all support related cases.
The following exceptions you are responsible for liaising with:
- Payment providers linked to an eCommerce store. All payment providers require you to sign up for an account with them.
- Delivery/shipping providers. You will be responsible for liaising with the delivery provider in all cases.
- For migration of domains and hosting related services, you may provide us with logins to conduct the migration however any support related queries you will need to speak to the service provider.
- Any custom service you plan to integrate to a service we offer you, you will be responsible for communicating with the service provider. This includes but not limited to Facebook, Google, Godaddy, Booking and appointment websites and so on.
For integrations, we will provide you with assistance for the information we will need. Ensure that you have checked with us first before requesting for information from 3rd party providers.
4. Promotional and Sponsorship Services
4.1 Promotional Terms and Conditions
- All standard terms and conditions apply unless stated otherwise within the promotional terms and conditions.
- Promotion does not apply to existing services already provided and paid for.
- The end date of the promotion is listed on promotional media and cannot be participated in the day after mentioned date.
- Employees and family members of Web Force Coherence are not allowed to participate.
- Web Force reserves the right to bar any participate.
- We may extend the date of any promotion at any time before the end date.
- The Terms and Conditions of Web Force supersede that of 3rd party providers for services provided for by Web Force.
- We will add non intrusive advertising on the website to promote Web Force.
- The sponsee can at anytime purchase the domain name and/or web files from Web Force to be hosted elsewhere. See Refunds and Transfers
- After the sponsorship period for hosted packages ( e.g. Websites) 1) Web Force may choose to extend the sponsorship period 2) the sponsee can pay for the service at a discount rate 3) services will terminate.
4.2 Sponsorship
Website sponsorships are for at least the first 12-months. Beyond which Web Force 1) may extend the sponsorship, 2) terminate sponsorship and service, or the Client 3) may pay for services going forward 4) get a sponsorship from a third party 5) transfer services (at no cost).
4.3 NPO Sponsorship Promotion
For an NPO to qualify:
- Must have ample social proof of completed projects or endeavors.
- Must be active on Facebook or other popular social media platform.
- Must be in operation for longer then 3 months.
- Must have an “open policy” where anyone (qualified or able) can volunteer their services.
- Must have 2 or more full time individuals of South African Nationality. Strict exceptions may apply.
- Must be operating within the Republic of South Africa.
We do not:
- Collect any donor information from sponsors site.
- Take a commission on donations. This is linked to NPO’s bank account directly through our preferred pay portal.
- Store any payment details.
- Provide for free any service not mentioned in the promotion.
We do:
- Manage the website in its full capacity excluding content.
- Provide the NPO logins add articles and media if needed.
- Provide a .co.za domain name and website as part of the sponsorship.
- Reserve the right to cancel the sponsorship at anytime if information initially provided was incorrect, suspect unlawful activity, inactivity or the NPO or if Web Force ceases operation.
4.4 School Sponsorship Program
For a school to qualify for full sponsorship as per the promotional material:
a school must:
- be a registered public school in the Republic of South Africa.
- have one or more representatives available for content management during setup and ongoingly.
We do not:
- provide for free any service not mentioned in the promotion.
- collect user data from users of the website
- manage, moderate or amend content on the website.
We do:
- manage the website in its full capacity excluding content.
- edit material that representatives cannot edit.
- reserve the right to cancel the sponsorship at anytime should there be inactivity on the website for an extended period of time. (>~60 days)
5. Resellers
5.1 To qualify as a reseller
A qualifying reseller may reside in any country or region and be able to market and sell services directly to customers. Resellers must either independently or part of an entity provide services to other entities primarily. A reseller must budget time on a weekly basis to operate. The length of time needs to be proportionate to your business goals. You are also required to understand to some degree the services you are offering as a reseller to be able to engage with customers.
The reseller opportunity which we offer is not to be considered a contract of employment. Resellers maintain their independence while working with us to provide clients with services. You will receive help and guidance related to all services we provide only and NOT leads or other data related to finding potential clients.
There are no minimum number of clients or purchases required to be a reseller. A reseller may choose to offer one or more or all of the services we offer.
We may at any time remove a reseller status or terminate your services under the following conditions:
- If we identify that you have applied as a reseller purely to receive discounts for a company which you work at or run and have no other clients.
- Gross violation of the laws in your country.
- Using our service with the intent to deceive others or send spam / malicious emails.
5.2 Reseller discounts and costs
(This approach is phasing out and discounts will be given upfront part of the service cost.)
How do discounts work:
- The reseller purchases all our services at the regular price or promotional prices we offer on social media and the website.
- A reseller may sell these services at a price they desire to their client.
- At the end of the month, based on the total purchases from Web Force (and not the selling price to your customers), the resellers discount will be calculated as per the table below.
- At the end of the month, the reseller can choose to have the discount rewarded paid to them via EFT or PayPal or used as a credit for future purchases.
- If the credits are used for future purchases, these are NOT taking into consideration when calculating your next months discount. (increasing your discount rate).
Services | Tier 0 | Tier 1 | Tier 2 | Tier 3 |
---|---|---|---|---|
(total Purchases>) | Under R1000 per month | Minimum R1000 per month | Minimum R3000 per month | Minimum R5000 per month |
Web Solutions | 1 | 5 | 6 | 7 |
SEO Services | 2 | 5 | 6 | 7 |
PPC Marketing | 1 | 1 | 2 | 2 |
Business Email | 1 | 5 | 6 | 7 |
Graphic Designing | 5 | 10 | 12 | 15 |
Web Hosting | 1 | 5 | 5 | 5 |
5.3 Support and maintenance
Support
Web Force will only communicate with the authorized reseller contact person. This is to prevent unauthorized requests. We may require you to verify your identify via SMS, WhatsApp or Email.
Resellers must support the clients directly. Web Force strictly does not communicate with the resellers clients. This means that you cannot email us and have your client as a recipient on the same email vis versa OR add us to WhatsApp groups with your client on it. If your client requires support, they first raise the request with you and you in turn raise this requests with us should you be unable to assist.
You can forward us communications from your client and if clarity or additional information is required, we will contact the reseller.
Only in exceptional cases that have been agreed by the reseller and Web Force will be communicate with your client/s.
All services we provide are white labeled. That is, we do not include our company name anywhere and can add your business name instead.
You may raise support requests with us via email, WhatsApp or call.
Maintenance
Web Force is responsible for the upkeep of websites we create. This includes software updates, bug fixes and restoring outages.
Upon request, we can provide you with access to perform some tasks.