BETWEEN: contractorfind.co.za website
AND: ("You") - the advertiser.
by advertising on this website ("site") you agree to be bound by the following terms and conditions:
DEFINITIONS OF THE TERMS AND CONDITIONS:
"personal information" refers to all personal information you provide by submitting it to the site. This also include any information passed on to web statistic software.
"site" refers to the website: www.contractorfind.co.za as well as any sub-domains or other servers that the site may connect with; or connect to.
"service provider" refers to you the advertiser that receives information, including personal information from this site in order to provide a service.
"leads" refers to information as well as personal information that is forwarded to you the advertiser to provide a service.
1. You agree that the service offered on Contractorfind.co.za website is available only to persons aged 18 or older.
2. The Contractorfind.co.za site is an advertising and lead generation service that matches requests from potential "buyers" with individuals and businesses that offer professional home improvement services in various areas. Contractorfind.co.za is not involved in the actual transaction between you and the user. Consequently, Contractorfind.co.za cannot ensure that a transaction will occur. Further, if a transaction does occur, you endeavor to provide the best service possible. Our site acts as a venue for you to respond to requests from users for the use/purchase of your services/products. Contractorfind.co.za does not charge you commission on work you derive from the site.
2.1. In relevance to the information you supply to display on the website; you solely agree and request Contractorfind.co.za website to display this information to users.
2.2 You agree that users can contact you directly and you will not hold Contractorfind.co.za website, its contractors, agents, or employees legally or otherwise responsible, in respect to any complaint, grievance, action or claim of any sort arising from the information displayed the site.
2.3 You solely acknowledge and agree that Contractorfind.co.za website has no control, authority or influence over you as a service provider and therefore cannot be held liable for your conduct as a service provider. You solely acknowledge and agree that you will not hold Contractorfind.co.za website or Yellow House Marketing legally or otherwise responsible for the conduct of a user.
2.4 You acknowledge the fact that as a service provider you subscribe to Contractorfind.co.za website for a fee in return for advertising and leads. Other than for this arrangement, Contractorfind.co.za website has no financial interest, nor is Contractorfind.co.za website a shareholder in your business. Contractorfind.co.za website does not offer, in any way, preference to one service provider over another. You solely acknowledge and agree that referrals from Contractorfind.co.za website are not recommendations nor are they approvals of the services of any service provider.
2.5 Contractorfind.co.za website will attempt to market the site throughout South Africa. You acknowledge that you will hold Contractorfind.co.za website blameless should you not receive any leads.
2.6 You are required to respond and endeavor to provide a quotation based on the request of a user.
3.1 You agree that contractorfind.co.za website may contact you via telephone or email in regards to:
a) market research;
b) your experience with the site or users;
c) further marketing of our products or services.
3.2 You grant Contractorfind.co.za website an irrevocable, non-exclusive license to use any material, information and ideas that you provide whether by email, telephone or web submission to Contractorfind.co.za website. You agree that Contractorfind.co.za website may use and adapt any ideas, concepts, techniques, words, images or other content contained in these communications for any purpose and without restriction or compensation.
4.1 You acknowledge and agree to:
a) provide Contractorfind.co.za website with correct, current and valid details in order that users are not provided inaccurate, invalid or outdated information;
b) provide a quotation, whether written or verbal to any lead/enquiry received;
c) endeavor to provide quality workmanship and services;
d) comply with current legislation in relation to services rendered where necessary;
e) to carry out work or render services in accordance with the current Health & Safety legislation.
4.2 You agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law. You agree not to use the site for any illegal or unlawful activities; or toward any illegal or unlawful activities.
4.3 You agree not to use the website to send or post any message or material related to employment seeking or third party advertising.
4.4 Yellow House Marketing and Contractorfind.co.za reserves the right to charge a fee of R100 per message that violates 4.3.
5. Contractorfind.co.za website reserves the right to modify or discontinue any current service that Contractorfind.co.za website may offer, at any time without notice.
LIMITATION OF LIABILITY
6.1 Contractorfind.co.za website excludes all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits or goodwill, loss of data, or loss or damages arising from or connected in any way to business interruption) in connection with our website in any way or in connection with the use, inability to use or the results of use of our website, any website linked to our website or the content of such websites, including but not limited to loss or damage due to viruses or other harmful programs that may infect your computer equipment, software, data or other property on account of your access to, use of or browsing our website or your downloading of any material from our website or any websites linked to our website.
6.2 You acknowledge and agree that:
a) your obligations under any agreement you enter with any user is solely your responsibility;
b) Contractorfind.co.za website is not party to any agreement, arrangement or transaction between you and a user;
7. Should any of the conditions in this document be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
8. This agreement can and may be modified at any time by Contractorfind.co.za website and the modifications shall be effective immediately upon posting the new or revised terms on the site.
WEBSITE DESIGN OFFER FOR PAID ADVERTISERS
9.1 Contractorfind.co.za will design a new template based website for every new client that enters into an advertising agreement and pay for a 12 month premium listing. The available template options will be the in sole discretion of Contractorfind.co.za as published from time to time at www.contractorfind.co.za.
9.2 The client will provide the text and graphics for the website design. Contractorfind.co.za does not undertake to provide any text, or articles for the website design in 9.1, in addition no graphics will be provided, and remains the responsibility of the client.
9.3 Contractorfind.co.za in its sole discretion reserves the right to reject any content provided by the client.
9.4 The client indemnifies Contractorfind.co.za for any loss incurred from any activities relating to the website designed.
9.5 The client authorizes Contractorfind.co.za to place advertising within the website design. Contractorfind.co.za shall be entitled to all revenue from this advertising.
9.6 Contractorfind.co.za in its sole discretion will host and manage the website as designed and described on a server of its choice.
9.7 Should a client wish to have the advertising as described above removed, then either a once off design fee of R3000, payable in advance or a monthly hosting fee of R250 will apply.
9.8 Ten email accounts will be available per domain.
9.9 Each email account will have a storage capacity of 250MB.
9.10 The client shall be responsible for the setup of his/her own email account once a username and password has been provided.
9.11 The client authorizes Contractorfind.co.za to register the applicable domain as requested by the client.
9.12 Contractorfind.co.za shall be listed as the domain registrant, administrative contact and technical contact with co.za.
9.13 Contractorfind.co.za will not agree to any ticket updates from www.co.za or any other domain transfers for any websites registered in 9.1 where any monies are still due to Contractorfind.co.za.
9.14 Contractorfind.co.za reserves the right to charge a fee of R100 per ticket update with co.za.
9.15 Contractorfind.co.za will provide a copy of a client's website.
9.16 The CSS file or master style sheet remains the intellectual property of yellow house marketing and will not be provided to a client.
9.17 Should any monies be overdue to Contractorfind.co.za, and after notification by SMS or email, Contractorfind.co.za reserves the right without prejudicing any other right it may have to suspend, and/or deregister, and/or delete a client's website, domain, and email accounts as provided in 9.1 above.
10.1 All invoices issued are payable on receipt.
10.2 Contractorfind.co.za reserves the right to suspend or withhold any advertising should there be any outstanding monies due.
DEBIT ORDER PAYMENT:
11.1 Contractorfind.co.za reserves the right to offer a debit order payment facility to advertisers who wish to purchase more than 3 categories of advertising.
11.2 Should you accept to pay via debit order, you acknowledge and agree that:
a) you request, "instruct" and authorize THREE PEAKS / YELLOW HOUSE MARKETING to draw against your supplied bank account details (or any other bank or branch to which you may transfer your account) the amount necessary for the monthly payment due in respect of advertising on the Contractorfind.co.za website;
b) all such withdrawals from your bank account by you shall be treated as though they had been signed by you personally;
c) you agree to pay any penalty bank charges relating to the debit order instruction;
d) this authority may be cancelled by you by giving thirty days’ notice in writing, after a period of one year which can be sent by prepaid registered post, but you understand that you shall not be entitled to any refund of amounts which you have withdrawn while this authority was in force if such amounts were legally owing to you.
11.3 Should your debit order be returned unpaid for any reason whatsoever and after notification by SMS or email, Contractorfind.co.za reserves the right without prejudicing any other right it may have to suspend, and/or deregister, and/or delete a client's advertisement, website, domain, and email accounts.
11.4 Should your debit order be returned more than three times as unpaid for any reason whatsoever, and after notification by SMS or email, you acknowledge and agree that:
a) Contractorfind.co.za reserves the right to recoup outstanding monies in full upfront payment, including any penalties incurred;
b) Contractorfind.co.za reserves the right to refuse further advertising;