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.
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.
2. Interpretation and Definitions
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.
- 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.
3.1. Collecting and Using Your Personal Data
3.1.1. Collection of Information
We collect personal information about you when:
- 1. Use the contact form, email, WhatsApp or use the direct chat on the Website.
- 2. Provide us with information to create your website or design.
- 3. We DO NOT collect banking or credit card information.
3.1.2. Types of Data Collected
188.8.131.52. Personal Data
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally, identifiable information may include, but is not limited to:
- Contact Information
- Copy of your ID
184.108.40.206. Usage Data
- Usage Data is collected automatically when using the Service.
- Usage Data may include information such as Your Device’s Internet Protocol address (e.g., IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
- When You access the Website by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
- We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
220.127.116.11. Tracking Technologies and Cookies
Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. Learn more about cookies: Cookies: What Do They Do?.
We use both Session and Persistent Cookies for the purposes set out below:
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us.
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
3.1.3. The Company may use Personal Data for the following purposes:
To provide and maintain our Service.
For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items, or services You have purchased or of any other contract with Us through the Service.
To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products, or contracted services, including the security updates, when necessary or reasonable for their implementation.
To provide You with news, special offers and general information about other goods, services, and events that we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
To manage Your requests: To attend and manage Your requests to Us.
For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or another sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and evaluating and improve our Service, products, services, marketing, and your experience.
3.1.5. Retention of Your Personal Data
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
3.1.6. Transfer of Your Personal Data
Your information, including Personal Data and Data provided by you to create your website, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those from Your jurisdiction.
3.1.7. Disclosure of Your Personal Data
18.104.22.168. Business Transactions
22.214.171.124. Law enforcement
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency).
126.96.36.199. Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
Comply with a legal obligation.
Protect and defend the rights or property of the Company.
Prevent or investigate possible wrongdoing in connection with the Service.
Protect the personal safety of Users of the Service or the public.
Protect against legal liability.
Security of Your Personal Data.
The security of Your Personal Data is important to Us but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
At any time should the You wish to remove all of Your data from Web Force, contact us at email@example.com with the details of your request. Once we verify your identity, we will be able to comply with your request.
3.2. Links to Other Websites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.
3.4. No Selling
4.1. 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.
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.
4.3. 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.
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.
4.5. 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 fulfil 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.
4.5. 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.
4.6. Content that contain or fall within ANY of the following are strictly prohibited:
- i. 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, 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.
4.7 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.
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 for the current month and the month in advance.
Example: If you purchase a website package on a month to month plan on the 14th of June for R199. Your first months bill will be (199/30*14)(for June) + R199 (for July) = R292. Thereafter you will be billed R199 from July 25th onward.
Customers who have purchased the website package on a yearly plan, will be billed again on the anniversary of their first bill and not when the website has been complete.
Our fees are quoted in South African Rand, and we 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.
4.9 Refunds and Transfers
A refund is calculated at the paid price minus 50%. So you will be eligible for 50% of your money back without a reason. This applies to all Services EXCEPT Services paid for on the monthly plan and for designs accepted by you. Services that are on a monthly plan may be terminated at any time at no additional cost.
- If you wish to transfer away
- and on a monthly plan
- within the first 12 months of purchase
- require the website source files and domain
2. You are subject to a R1000 fee.
If you want to transfer away
- and on a monthly plan
- require the domain only
You are subject to a R250 fee.
3. If you wish to transfer away
- and paid for the year in advance
- within the first 12 months of purchase
- require the website source files or domain or both
You will be subject to a R250 fee.
4 If you wish to transfer away
- and are beyond 12 months of purchase.
There will be no fees for transferring the domain or providing the website files.
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.
4.10 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.
4.11 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 Company.
4.12 Severability and Waiver
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.
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.
4.13 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.
4.14.1 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.
4.15 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.
4.16 Permissions and Functions
This section lays out the functions of Us and You when we provide You with a Service.
4.16.1 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.
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. 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. We provide this service in fair use, meaning undertake these changes 1-4 times a month per customer after which it will be billed.
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.