www.WritersHandStudios.com – Terms of Use and Conditions Introduction

 

  1. Introduction: www.WritersHandStudios.com (from here on known as “WritersHand Studios”), is a web and graphic design service, and online solutions business (found on the “WritersHand Studios Website”, i.e. www.WritersHandStudios.com), located at Flat 1, 3 Belvedere Road, Muizenberg, Cape Town, that offers the design, development, technical support, hosting and consultation of web and graphic design services, as well as business development and marketing consultancy to end users.
  2. The Terms of Use and Conditions Agreement (“Agreement”) as described herein set out the legally binding terms for your use of WritersHand Studios’ Services. Therefore, through the use of WritersHand Studios’ Services you agree to be bound by this agreement whether a visitor (which means that you are simply a user browsing WritersHand Studios’ Website) or a member (which means that you are a registered user of WritersHand Studios and their services). The term “User” refers to a member, client or a visitor. Users are only authorised to use the WritersHand Studios’ Services (whether accessed or used as intended) if you agree to abide by all applicable legislation within the jurisdiction of the Republic of South Africa and to this Agreement. It is highly recommended that this Agreement here in be read carefully, saved and printed for reference. If you do not agree to the Terms of Use and Conditions as set out in this Agreement, leave WritersHand Studios’ Website and discontinue any use of the WritersHand Studios’ Services. An indication of acceptance of these Terms of Use will be done during the Registration process of any online or general purchase for products/services.
  3. WritersHand Studios reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, are subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.writershandstudios.com/terms
  4. Violation of any of the terms below will result in the termination of your Account. While WritersHand Studios prohibits such conduct and Content on the Service, you understand and agree that WritersHand Studios cannot be responsible for the Content posted on the end-user Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
  5. Please choose wisely and carefully the content and information you intend on providing on WritersHand Studios’ Website and on your end-user Service (i.e. Website, Hosting, etc). The service that you make use of through WritersHand Studios’ Website may not include the following items: any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject or content matter. However, despite this prohibition, the information provided by other Members (for instance, in their interaction with your end-user service such as your website), may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, for which WritersHand Studios assumes no responsibility or liability for this material.
  6. WritersHand Studios reserves the right, in its sole and own discretion to restrict, suspend, or terminate your access to all or any part of WritersHand Studios Services at any time, for any or no reason, with or without prior notice, and without liability. WritersHand Studios expressly reserves the right to remove or suspend your service(s) and/or restrict, suspend, or terminate your access to any part of WritersHand Studios’ Services if WritersHand Studios determines, in its own and sole discretion, that a user poses a threat to WritersHand Studios, its Users or other Stakeholders.
  7. This Agreement shall remain in full force and effect while you use WritersHand Studios’ Services or are a Member or Client. You may deactivate your membership at any time, for any reason, by emailing info@WritersHandStudios.com . WritersHand Studios may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.
  8. Use of and Membership in WritersHand Studios Services is void where prohibited. By using WritersHand Studios’ Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 16 years of age or older; and (d) your use of WritersHand Studios’ Services does not violate any applicable law or regulation within the jurisdiction of the Republic of South Africa and it’s courts of law.
  9. WritersHand Studios does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error ­free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected timeously.
  10. You expressly understand and agree that WritersHand Studios shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if WritersHand Studios has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
  11. Account Terms
    1. You must be 18 years or older to use this Service.
    2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
    3. You must provide your legal full name as a juristic person, a valid email address, and any other information requested in order to complete the signup process.
    4. You are responsible for maintaining the security of your account and password. WritersHand Studios cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
    5. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have access to your account).
    6. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  12. Payments and Refund Terms
    1. There will be no refunds or credits for setup fees, partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
      2. All fees are exclusive of Value Added Tax (VAT).
      3. Should you not pay for your monthly subscription (for products/services with a recurring billing cycle or retainer fee), a grace period of 7 days shall apply, with an added suspension fee of 25% of your monthly subscription fee. Should you fail to pay after the grace period provided, your service and account will be cancelled with no option of reactivating it, and a new product/service will have to be purchased.
      4. Members are welcome to upgrade or downgrade their accounts at any time. You will not be charged additional set up fee for this upgrade or downgrade. Upgrades or downgrades may influence the monthly subscription fee in the fee structure will be communicated to the juristic person in writing.
      5. Monthly subscription fees are to be paid by midnight on or before the 28th calendar day of every month, or on/before the 30 day of your billing cycle. Should you not pay by this time, your account and user dashboard will be suspended until such time as you pay for both the service and your 25% suspension service.
      6. Add-on products and plugins can be added and/or deleted at any time. Members will pay an additional immediate fee. This is a once off fee, except where Add-on products are subscription based, or contain a recurring billing cycle.
      7. Bespoke Add-on features and/or Plugins will be quoted upon request and charged separately from your fee. They will not be implemented until payment is received.
    2. Payments Using +One (Plus One) Points:
      1. As a value-added service for clients/customers of WritersHand Studios, a rewards system has been put into place as part of a customer retention policy. These points can be gained through purchasing online products or services on the WHStudios Online Store.
      2. +One (Plus One) Points can only be used as a method of payment for selected services on the WHStudios Online Store, and may not be exchanged for Cash, Credit, or refunded should a client/customer wish to terminate their account with WritersHand Studios. +One (Plus One) Points cannot be used on Retainer Products, Subscriptions or Web Hosting Packages.
      3. WritersHand Studios reserves the right to update, edit, add or remove the accrual structure and policy of +One (Plus One) Points. WritersHand Studios also reserves the right to update the value of +One (Plus One) Points as a method of payment for services, should these points be redeemed against a Customer Order for an Online Purchase on WHStudios Online Store.
      4. The accrual of points may only be gained through a confirmed and completed order that has been paid for on WHStudios Online Store. Should the relevant Customer Order be terminated and/or refunded, the accrued points may be deducted from the Customer’s account with WritersHand Studios.
  13. Cancellation and Termination
    1. You are solely responsible for properly cancelling your account, which you can do so by emailing us on info@WritersHandStudios.com
    2. All of your Content will be deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
    3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately on your account, however, you will be granted access to any subscription-based service till the end of your billing cycle.
    4. All cancellations must be done in writing one calendar month in advance. Should a cancellation’s lead time fall within a new billing cycle, you will be charged for the next billing cycle, with access to subscription-based products/services being given till the end of that billing cycle.
    5. WritersHand Studios, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other WritersHand Studios service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.
    6. WritersHand Studios reserves the right to refuse service to anyone for any reason at any time.
    7. WritersHand Studios shall not be held liable to and shall not accept any liability, obligation or responsibility whatsoever for any loss or damage arising from your reliance on access or benefits of services which arose out of the suspension or termination of a product/service, whether termination or suspension took place willingly by the customer or unwillingly (such as in the case of an overdue account).
    8. OnlinePress Subscriptions
      1. OnlinePress Packages/Subscriptions represent a full priced, singular, product/service bundle; with multiple services grouped together; that has been divided up into multiple payments; determined by a customer during checkout. Should an OnlinePress package be terminated by the request of a customer, or by the reasonable determination of WritersHand Studios, then:
        1. The outstanding balance due for the remainder of the payment plan period shall be paid in full within 30 Days of termination being executed.
        2. Any additional products/services linked/associated with the OnlinePress package being cancelled, shall also be terminated, and any loss of data, content, access or material shall be forfeit. (WritersHand Studios may not be held liable for the loss as detailed in Termination Clause 7.)
      2. Should a transfer of web hosted content and/or data be requested by the account holder of an OnlinePress Package/Subscription, then WritersHand Studios may perform such a task at a nominal fee or surcharge; however, the balance and/or payment terms of the OnlinePress Package/Subscription shall remain due by the account holder to WritersHand Studios until fully paid for by no later than the Subscription End Date.
      3. Should an OnlinePress account holder wish to cancel an OnlinePress Package, then WritersHand Studios reserves the right to perform such cancellation at a cancellation fee which is no less than 50% of the remaining balance of the respective OnlinePress Package in one payment transaction. Failure to pay a cancellation fee may result in WritersHand Studios declining such cancellation request by the account holder, and therefore the balance owing will remain in full force, and may be subject to interest on the overdue account should it not be settled by the Subscription End Date.
      4. Should an OnlinePress Plan be terminated by WritersHand Studios at the request of the client, or due to default in payment by the client for a period exceeding the reasonable grace period alloted by WritersHand Studios, then:
        1. WritersHand Studios reserves the right to place the “Domain Name”, registered on behalf of the client as part of the OnlinePress Package, on an online Auction where it may be sold to the highest bidder, or sold off privately through channels deemed acceptable by WritersHand Studios.
        2. WritersHand Studios reserves the right to re-sell the design of the associated Website and the Design Template through it’s members, clients, customers and/or private channels deemed acceptable by WritersHand Studios, so long as the creative content on the website do not present an infringement of copyright and/or intellectual property rights under the full ownership of the associated website’s previous owner/account holder.
        3. WritersHand Studios also reserves the right to permanently delete the CPanel and Server Information, as well as access to the CPanel and Server Information associated with the Hosting Plan of the OnlinePress Package; and any loss of data, content, access or material shall be forfeit. (WritersHand Studios may not be held liable for the loss as detailed in Termination Clause 7.)
  14. Modifications to the Service and Prices
    1. WritersHand Studios reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
    2. WritersHand Studios shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
    3. From time to time, WritersHand Studios may issue an update to the WritersHand Studios servers which may add, modify, disrupt and/or remove features and/or facilities from the service/product purchased. These updates may be pushed out automatically with little or no notice, although WritersHand Studios will do everything in its power to notify you in advance of an upcoming update, including details on what the update includes.
  15. Jurisdiction
    The jurisdiction of WritersHand Studios Services are solely confined within the Republic of South Africa (the “Republic”), the Republic’s courts of law and within the comfort of the Republic’s legislation. WritersHand Studios and WritersHand Studios’ Services refer to, however not limited to, the following list of legislative material:
    Administration of Estates Act, No. 66 of 1965
    Intellectual Property Laws Amendments Act No. 38 of 1997
    Arbitration Act No. 42 of 1965 Labour Relations Act No. 66 of 1995
    Basic Conditions of Employment No. 75 of1997
    Long Term Insurance Act No. 52 of 1998
    Closed Corporations Act No. 69 of 1984 Medical Schemes Act No. 131 of 1998
    Companies Act No. 61 of 1973
    Occupational Health & Safety Act No. 85 of 1993
    Compensation for Occupational Injuries and Health Diseases Act No.130 of 1993
    Pension Funds Act No. 24 of 1956
    Consumer Affairs (Unfair Business Practices) Act No. 71 of 1988
    Post Office Act No. 44 of 1958
    Copyright Act No. 98 of 1978
    Regional Services Councils Act No. 109 of 1985
    Credit Agreements Act No. 75 of 1980 SA Reserve Bank Act No. 90 of 1989
    Currency and Exchanges Act No. 9 of 1933 Short Term Insurance Act No. 53 of 1998
    Debtor Collectors Act No. 114 of 1998 Skills Development Levies Act No. 9 of 1999
    Employment Equity Act No. 55 of 1998 Skills Development Act No. 97 of 1998
    Finance Act No. 35 of 2000 Stamp Duties Act No. 77 of 1968
    Financial Services Board Act No. 97 of 1990
    Stock Exchange Control Act No. 1 of 1985
    Financial Relations Act No. 65 of 1976 Tax on Retirement Funds Act No. 38 of 1996
    Harmful Business Practices Act No. 23 of 1999
    Trade Marks Act No. 194 of 1993
    Income Tax Act No. 95 of 1967
    Unemployment Contributions Act No. 4 of 2002
    Insolvency Act No. 24 of 1936 Unemployment Insurance Act No. 63 of 2001
    Insurance Act No 27 of 1943 Usury Act No 73 of 1968
    Value Added Tax Act No. 89 of 1991
  16. Other
    This Agreement is accepted upon your use of WritersHand Studios’ Website or any of the WritersHand Studios Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and WritersHand Studios regarding the use of WritersHand Studios Services. The failure of WritersHand Studios to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any relaxation of the terms and conditions contained herein shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. WritersHand Studios is a trademark of South Africa (Closed Corporation). This Agreement operates to the fullest extent permissible by laws of the Republic. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact WritersHand Studios with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE