These terms and conditions are the contract between you and Avalia Digital Tech.

You are: Anyone who uses Our Website.
Please read this agreement carefully and save it. If you do not agree with it, you should
leave Our Website immediately.

These are the agreed terms

Definitions:

“Content” : means the textual, visual or aural content that is
encountered as part of your experience on Our
Website. It may include, among other things: text,
images, sounds, videos and animations.

“Intellectual Property” : means intellectual property owned by us, of every sort,
whether or not registered or registrable in any country,
including intellectual property of all kinds coming into
existence after today; and including, among others,
patents, trademarks, unregistered marks, designs,
copyrights, software, domain names, discoveries,
creations and inventions, together with all rights which
are derived from those rights.

“Our Website”: means any website or service designed for electronic
access by mobile or fixed devices which is owned or
operated by us.

“Services”: means the service provided from Our Website.

Use of site by children

We do not market to children, nor do we sell products or services for purchase
by children. We do sell products and services for end use by children, but for
purchase by adults. If you are under 18, you may use our site only with consent
from a parent or guardian.

Intellectual Property

You agree that at all times you will:
3.1 not do anything which does or might reduce the value of our Intellectual
Property or challenge our ownership of it.
3.2 notify us of any suspected infringement of the Intellectual Property;
3.3 so far as concerns our work provided or made accessible by us to you,
you will not:
3.3.1 copy, or make any change to any part of its code;
3.3.2 use it in any way not anticipated by this agreement;
3.3.3 give access to it to any other person than you, the licensee in this
agreement;
3.3.4 in any way provide any information about it to any other person or
generally.
3.4 not use the Intellectual Property except directly as intended by this
agreement or in our interest.

Disclaimers and limitation of liability

The law differs from one country to another. This paragraph applies so
far as the applicable law allows.
4.2 All implied conditions, warranties and terms are excluded from this
agreement. If in any jurisdiction an implied condition, warrant or term
cannot be excluded, then this sub paragraph shall be deemed to be
reduced in effect, only to the extent necessary to release that specific
condition, warranty or term.
4.3 You are advised that Content may include technical inaccuracies or
typographical errors. This is inevitable in any large website. We would
be grateful if you bring to our immediate attention, any that you find.
4.4 Our Website contains links to other internet websites. We have neither
power nor control over any such website. You acknowledge and agree

that we shall not be liable in any way for the Content of any such linked
website, nor for any loss or damage arising from your use of any such
website or from your buying services or goods via such a website.
4.5 Avalia Digital Tech website, training, coaching services and
digital tools are provided “as is”. We make no representation or warranty
that Our Website will be:
4.5.1 useful to you;
4.5.2 of satisfactory quality;
4.5.3 fit for a particular purpose;
4.5.4 available or accessible, without interruption, or without error.
4.6 We accept no responsibility for third party advertisements which are
posted on Our Website or through the Services;
4.7 We shall not be liable to you for any loss or expense which is:
4.7.1 indirect or consequential loss; or
4.7.2 economic loss or other loss of turnover, profits, business or
goodwill even if such loss was reasonably foreseeable or we
knew you might incur it.
4.8 This paragraph (and any other paragraph which excludes or restricts our
liability) applies to our directors, officers, employees, subcontractors,
agents and affiliated companies as well as to ourselves.

Miscellaneous matters

5.1 Our privacy policy is strong and precise. It complies fully with the current
privacy law which can be found on our website at
https://www.avaliadigitaltech.com/privacy-policy
5.2 If any term or provision of this agreement is at any time held by any
jurisdiction to be void, invalid or unenforceable, then it shall be treated
as changed or reduced, only to the extent minimally necessary to bring
it within the laws of that jurisdiction and to prevent it from being void and
it shall be binding in that changed or reduced form. Subject to that, each
provision shall be interpreted as severable and shall not in any way affect
any other of these terms.
5.3 No failure or delay by any party to exercise any right, power or remedy
will operate as a waiver of it nor indicate any intention to reduce that or
any other right in the future.
5.4 Any communication to be served on either party by the other shall be
delivered by hand or sent by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
If sent by e-mail to the address from which the receiving party
has last sent e-mail: within 48 hours if no notice of non-receipt
has been received by the sender.
5.5 The validity, construction and performance of this agreement shall be
governed by the laws of the Republic of South Africa and you agree that
any dispute arising from it shall be litigated only in that country.

Web/App Design and Development

6.1 Concept designs might only be 90% accurate, the final user interface
might differ by 10%.
6.2 Avalia Digital Tech will allow up to ten business days for The Client to email one list
of revisions on concept designs. If these revisions have not been sent to
Avalia Digital Tech after these ten business days, Avalia Digital Tech holds the right to invoice
The Client for the balance payment as per the quote/proposal and
request payment thereof with immediate effect.
6.3 In the case where a website/application needs to be uploaded to a server
other than one controlled by Avalia Digital Tech, payment of the balance owing is
required in full before the website / app will be uploaded / handed over.
6.4 A Project Resurrection fee might apply to Clients who do not offer
constructive feedback on projects within twenty business days from
when a response was requested.
6.5 Error fixing and any type of support on custom software developed by
Avalia Digital Tech will be billed for at Avalia Digital Tech hourly rate, unless a system
warranty has been agreed upon and/or The Client has entered into a
support contract.
6.6 All fees are non-refundable unless otherwise stipulated and agreed upon
in writing.

Domain Registration and Hosting

7.1 The Client agrees to pay monthly, bi-annual or annual invoices to The
Service Provider in a timely manner, in advance for any month/year in
which they wish to continue hosting services.
7.2 Domain hosting fees are subject to change with reasonable notice to The
Client.
7.3 An annual domain registration renewal fee will be required as per the
agreed upon quote/proposal.
7.4 Domain registration renewal fees are subject to change with reasonable
notice to The Client.
7.5 The Service Provider reserves the right to cancel The Client’s hosting
service at any time and The Client will be entitled to a pro rata refund
based upon the remaining period of membership.
7.6 Should The Client violate the Service Provider’s terms of service, a
refund will not be issued in the event of a cancellation.
7.7 The Client may cancel their account at any time with 20 day’s written
notice to the Service Provider of their intention to cancel, however. fees
charged / received on a prepay basis are non-refundable.
7.8 Web hosting companies occasionally implement changes on servers
which may require minor adjustments to your website code by the
Service Provider which may result in “down-time” or other problems
requiring the assistance of The Service Provider.
7.9 The Service Provider undertakes to notify The Client ahead of time on
such occurrences and can negotiate a schedule that suits The Client.
7.10 The Service Provider will not be responsible for any loss of business or
other damages resulting from occasional “downtime” or other technical
problems related to the host server, whether caused by the web hosting
company or by broader Internet problems beyond the Service Provider’s
control.
7.11 The Service Provider will not be held responsible for any security flaws,
technical and / or performance issues for websites or systems that were
not developed by the Service Provider.
7.12 If a system is attacked in any way, the Service Provider will have to
charge for any extra data costs that might occur. In this instance, a quote
will be sent to The Client for approval and once approved the Service
Provider implement all measures to try and avoid an attack, however the
Service Provider cannot take responsibility for the failure of any
measures they have implemented.
7.13 The Client’s hosting account has a bandwidth usage limit of seven
gigabytes per month. The Service Provider is aware that from time to
time, The Client may have unanticipated circumstances which cause
their websites / applications to exceed this limit. In such instances, The
Service Provider will make every effort to contact and notify The Client
of the situation and The Client will be entitled to request the suspension
of the services alternatively approve the additional cost of R5.00 excl.
VAT per exceeding gigabyte.
7.14 The Service Provider will activate up to 10 email accounts per hosting
agreement.
7.15 The Service Provider is not a Desktop Support company and The Clients
are responsible for contacting their IT companies to set up email
accounts whilst the Service Provider will provide the server settings only.
7.16 In the event that The Client has contracted a separate web designer /
administrator and / or application developer other than the Service
Provider, it will not be held liable for any setting changes made by The
Client’s development company. Setting / code changes could hinder the
website/application’s functionality, making it inactive as a result.
7.17 The Service Provider will not be liable for any consequence resulting
from a third-party developer changing settings and codes.
7.18 The Service Provider reserves the right to refuse service and / or access
to its servers to all third parties.
7.19 The Service Provider will not allow content stored on its servers which is
illegal material, including copyrighted works, commercial audio, video, or
music files, and any material in violation of any Federal, State or Local
regulations. Miscellaneous content including pirated software, ROMS,
emulators, phreaking, hacking password cracking, IP spoofing, etc. and
encrypting of any of the above including any sites providing “links to” or
“how to” information about such material.

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