Term And Conditions

1Definitions
  1. The "Buyer" means person who buys or agrees to buy Goods from the Seller.
  2. The "Seller" means "Inivate Pty Ltd".
  3. "Conditions" means the Conditions of Sale set out in this document and any special conditions agreed in writing by the Seller.
2Conditions
  1. These conditions shall apply to all Contracts for sale of Goods by the Seller to the Buyer to the exclusion of all other Terms and Conditions.
  2. No variations or additions to these Conditions shall be effective unless agreed in writing by the Seller.
  3. No Contract for the sale of Goods shall arise until the Buyer notifies the Seller of its acceptance of the Seller's final quotation.
  4. Acceptance of delivery of Goods shall be deemed conclusive evidence of the Buyers acceptance of these Conditions.
  5. Nothing in these Conditions shall affect the statutory rights of the consumer.
  6. All Conditions are to be in accordance with South African and International laws.
3Prices
  1. The Price shall be that on the Seller's website or any price subsequently agreed in writing by the Seller.
  2. The Seller reserves the right to revise prices prior to dispatch of Goods to reflect any direct or indirect increase in costs to the Seller but if the price has been paid in full prior to dispatch no price Revision shall take place without the prior written agreement of the Buyer.
  3. Payment must be made in full and reflected in Seller's Bank Account, before dispatch of any Goods unless otherwise agreed to previously by the Seller.
  4. If any act or proceedings shall be commenced in which the Buyer's solvency is concerned, all monies under any transaction covered by these Conditions shall become immediately due and payable.
4Interest on Overdue Invoices
  1. The seller reserves the right to charge interest on overdue invoice accruing from the date when payment becomes due from day to day until the date of payment at 6.5% per calendar month.
  2. All invoices shall be paid in full, free of any deduction for any set-off or counterclaim.
5Warranty and Liability
  1. The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller. Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977, Section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, Common Law or otherwise are excluded and the Buyer is satisfied as to the suitability of the Goods for the Buyer's purpose.
6Delivery
  1. Whilst every reasonable effort shall be made to keep to an agreed delivery date, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any other personor Company arising directly or indirectly out of any failure to meet any estimated delivery date.
  2. Failure by the Buyer to pay for any instalments or delivery when due shall entitle the Seller to withhold any further deliveries and the Buyer shall be liable for any costs incurred by the Seller relating to such Goods which the Seller is then entitled to withhold.
  3. Delivery of the Goods shall be made to the Buyer's address and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
  4. Website design or development delivery times can vary, but if no exact time is indicated on quote or invoice then we have a standard delivery time of 2 weeks after all the content has been provided.
7Ownership and Risk
  1. The risk in Goods shall pass to the Buyer upon delivery of the Goods or upon the Goods being appropriated to the Buyer but kept at the Seller's premises at the Buyer's request.
  2. The Seller remains the owner of the Goods affected by the Contract until the Seller has been paid in full for such Goods.
  3. If any payment due under these Conditions is overdue in whole or in part, the Seller may without prejudice to any of its other rights recover and/or re-sell the Goods or any of them and may enter on the Buyer's premises by its servants or agents to recover the Goods and the Buyer shall be liable for all the Seller's costs of so doing.
  4. Immediately upon receipt the Buyer shall inspect the Goods and shall notify the Seller within 48 hours of delivery if the Goods are damaged or do not comply with any of the Contract. This must be done in the form of written notice sent to info@inivate.co.za and no other form of notice will be accepted. If the Buyer fails to do this he is deemed to have accepted the Goods.
  5. Any Goods in respect of which any claim of defect or damage is made shall be preserved by the Buyer intact together with the original packaging at the Buyer's risk and either a) retained by the Buyer for a reasonable period to enable the Seller or its agent to inspect or Collect the Goods or b) at the Seller's option returned by the Buyer to the Seller who will refund the cost of postage and packaging to the Buyer if the Goods are in fact defective.
8Cancellation and Returns
  1. Orders may be cancelled at any time prior to the goods being dispatched unless they have been made specifically to the Buyers instructions.
  2. Under the EU Consumer Protection (Distance Selling) Regulations 2000, you may cancel the goods purchased (other than commissioned items) by sending a written notice of cancellation by email to info@inivate.co.za. The Seller must receive the notice of cancellation within 7 days of the date of delivery of the goods. As soon as we receive your order to cancel we will refund the relevant portion of your order if it has not yet been dispatched. If it has been dispatched, you will be responsible for the cost of returning the goods and your refund for the goods will be processed on their arrival. The Seller recommends the use of recorded delivery for your protection and peace of mind. The Seller will send you an email to let you know that your refund has been processed. This will end the Seller's liability to you.
  3. No Contract shall be cancelled nor shall any Goods which are in accordance with the Contract be returned without prior written approval of the Seller and on terms to be determined at the absolute discretion of the Seller.
  4. Unless the Seller at its discretion decides otherwise, if the Seller agrees to accept the return of any such Goods then a) the Buyer will be liable for the cost of remedying any damage to the Goods returned where such damage has, in the opinion of the Seller, been caused by the Goods being inadequately packaged by the Buyer or through the Buyer's fault. b) the Seller reserves the right to make a handling and restocking charge of 25% on Goods which are returned if they were ordered in error or are no longer required.
  5. Cancelation of Website design and development must be done before any work commences. If work has started, any deposits paid will be considered as payment for the work done and non refundable.
  6. If website design or development is near completion, the full amount of invoice will be deemed payable by consumer.
9Domain Registrations and Transfers
  1. You warrant Inivate Pty Ltd does third party domain registration. Meaning Inivate Pty Ltd registers directly at Uniform, but Inivate Pty Ltd cannot be held accountable in any way if other party (Uniform) is sluggish with invoicing, new domain requests, domain updates or domain transfers.
  2. You warrant to Inivate Pty Ltd that any Domain Name you may seek to register through Inivate Pty Ltd does not violate the rights of any third party, in particular trademark rights, and that you have taken reasonable steps, including but not limited to searches of the applicable state and federal trademark registries, to assure that this is the case.
  3. You agree to indemnify and hold harmless Inivate Pty Ltd, its officers, directors, employees and agents, with respect to any and all damages, losses, claims or expenses incurred with respect to or arising out of claims of third parties concerning your use of the Services or the Private Domain Name.
  4. You acknowledge and agree that Inivate Pty Ltd has the absolute right and power, as it deems necessary in its sole discretion, without providing notice and without any liability to you whatsoever, to (1) reveal to third parties the contact information provided by you to Inivate Pty Ltd in connection with the account for the applicable domain name, (2) populate the public WHOIS database with your name, primary postal address, e-mail address and/or telephone number as provided by you to Inivate Pty Ltd, or (3) terminate your subscription to the Services:
    1. if, in Inivate Pty Ltd sole discretion, you violate the terms of the Inivate Pty Ltd T&C’s;
    2. if any third party claims that the domain name violates or infringes a third party's trademark, trade name or other legal rights, whether or not such claim is valid;
    3. to comply with ICANN policies or requirements, including but not limited to the Uniform Domain Name Dispute Resolution Policy (UDRP)
    4. to comply with any applicable laws, government rules or requirements, subpoenas, court orders, requests of law enforcement or government agencies; or
    5. if any third party threatens legal action against Inivate Pty Ltd that is related in any way, directly or indirectly, to the domain name, or claims that you are using the domain name registration in a manner that violates any law, rule or regulation, or is otherwise illegal or violating of a third party's legal rights.
  5. ALL INIVATE PTY LTD SERVICES ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
  6. You warrant Inivate Pty Ltd will only release domain if all outstanding hosting or registration cost has been paid in full. There after new registrant must issue domain transfer with Uniform and Inivate Pty Ltd will only then except transferring ticket form Uniform.
10Force Majeure
  1. The Seller will not be under any liability whatsoever in the event that the Seller is prevented or delayed from supplying or making delivery of any Goods by any reason or cause beyond the Seller's control.
11No Waiver
  1. The The Seller's failure to insist upon strict performance of any provision of these Conditions shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the Buyer in performance or compliance with any of these conditions.
11Liability
  1. Except as may be implied by law where the Buyer is dealing as a consumer, in the event of any breach of these Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential damage.
12Dispute
  1. In the event of a dispute between the Buyer and the Seller, should the Seller in writing require, the Buyer agrees to submit the dispute to arbitration in accordance with the Arbitration Act for the time being in force as a legally binding alternative to Court action.
13Web Site Content
  1. Please note we require all Content (photos, text and any other related content) in a digital format to provide a website design.
  2. If content can not be provided in digital format, we do offer typewriting at an additional cost. Please contact us to quote accordingly.
  3. It is the sole responsibility of the consumer to provided the Seller with the full and correct content. The Seller can not be held responsible for the incorrect, a lack of and no information provided.
  4. If No Content is provided for the acceptance of quote or deposit is paid within 6 months the consumer will need to request a new quote. This quote will require a new payment for deposit again. All deposits paid before will be non refundable.
14Banking Details
Account Name: Inivate Pty Ltd
FNB Zambezi Drive Branch
Branch Code: 251045
Account Type: Cheque
Account nr: 6275 020 6643