top of page

TERMS & CONDITIONS

1. These terms and conditions should be read in conjunction with any signed Proposal, which, where relevant, accompanies and may refer to these Terms. In the event of any inconsistency between these Terms and such signed Proposal, the signed Proposal will prevail.

2. In this document the following expressions bear the meanings assigned to them below and cognate expressions bear corresponding meanings:

3. “Client” or “you” means the party in receipt of the Services

4. “RME” and/or “we” and/or “us” means RME Consulting, a private company with limited liability and registered in the Republic of South Africa (registration number 2020/723215/07) whose registered address is No 4 Norkem Village, 37 Zambezi Crescent, Norkem Park, Kempton Park, Johannesburg, South Africa

5. “RME Persons” means RME Consulting’s directors and employees, and anybody or entity controlled or owned by RME Consulting and the directors and employees of such body or entity

6. “Instruction” means any verbal or written instruction given by the Client to RME in terms of which the Client instructs RME to provide the Services to it

7. “Terms” means these Terms and Conditions of Consulting Services.

 

8. SCOPE OF SERVICES

 

8.1. RME will represent and advise you on all matters that properly fall within the scope of your Instructions.

8.2. The nature and content of any advice we provide will necessarily reflect the specific scope and limitations of our engagement, the amount and accuracy of information provided to us.

8.3. If general advice is provided, the applicability of this will depend on the particular circumstances in which it is to be used by you (of which we might not be aware) and should be viewed accordingly. In relation to any particular transaction, specific advice should always be sought, and all material information provided to us.

8.4. When your Instructions on a matter are completed, our representation in terms of that specific Instruction will end. We will only advise you further on issues arising from the matter (e.g., implementation and other dates or changes in relevant law or regulation) if you specifically engage us to do.

8.5. Given the nature of consultant services, it is understood that you will not hold RME accountable or responsible for any loss of any nature sustained, while acting upon the advice of RME or RME Persons.

 

9. EXTERNAL INFORMATION AND PUBLIC RECORDS

 

In advising we may rely on, or provide you with, information obtained from third parties (e.g., experts or witnesses or governmental agencies or registers). We do not accept responsibility and will not be liable for any damage or loss caused by errors or omissions in information obtained from third parties.

 

10. YOUR OBLIGATIONS

 

10.1. To enable us to provide the Services, you agree to provide us with all relevant information. Including employees for cleaning and restacking of your stores.

10.2. It is of particular importance that –

10.2.1. All information which you provide to us is true, accurate and not misleading to the best of your knowledge, information, and belief (this is important as we will not verify the accuracy and completeness of the information which you supply to us.

10.2.2. If there are changes to the information provided to us, you notify us immediately.

10.2.3. RME shall not be responsible for any loss or damage arising from reliance on any information, or for inaccuracy or other defect in any document, supplied by you.

10.2.4. You remain responsible for any commercial decisions which you make, and regard must be had to the restrictions on the scope of our work and to the large number of other factors, commercial or otherwise, of which you and your other advisers are, or should be, aware.

​

11. FEES

 

11.1. Basis of Fees

11.1.1. Our fees reflect the time we anticipate spending on a matter, charged at competitive rates, and adjusted where appropriate to reflect other factors. Those factors may include specialised knowledge; skills; and/or responsibility required; the figures involved; the importance of the matter; urgency; and/or results achieved

11.2. Fee estimates

11.2.1. Any fee estimate given by us will be given in good faith but will not be contractually binding unless the signed Proposal or any other communication expressly so provides. It will be subject to the stated exceptions, assumptions, and any other factors outside our control and, wherever it is practicable to do so, we will notify you if it is likely to be exceeded.

11.3. Deposit

11.3.1. As security for the payment RME reserves the right to require the payment of a deposit. RME shall not be obliged to act nor to take any steps in furtherance of the commencement or completion of the mandate until such deposit has been received. Any deposit payable will be outlined in the signed Proposal.

11.3.2. Where a deposit needs to be refunded, and no work was carried out by RME Consulting, the deposit will be refunded minus R250.00 administration fee.

11.4. Proposal / Quotation

11.4.1. Proposals are valid for 7 days.

11.4.2. Quotations do not include domain name registration or hosting fees unless otherwise specified.

11.5. Invoicing

11.5.1. We will not be obliged to act nor take any steps in furtherance of the completion of our mandate until any interim account is settled.

11.5.2. All invoices will be in South African Rand. RME also reserves the right to suspend or terminate the provision of the Services if any invoice is not paid by the due date due date (although we would not do so without consulting you first)

11.6. Payments

11.6.1. RME Consulting requires payment by bank transfer, direct debit, or PayPal with the final accepted quotation. Services may be curtailed or suspended at our discretion should payment not be made within these terms.

11.6.2. All invoices are payable in advance and no work will commence without payment received by RME.

11.7. Return Payments

11.7.1. Any payment returned by the bank or credit card company will incur a R50.00 + VAT administration charge. This will be invoiced and will be added to the total outstanding debt owed by the client.         

 

12. NON-SOLICITATION

 

You agree to not, without the prior written consent of RME, for a period of 6 (six) months after the completion of the Services or termination of the Services Contract, whichever is the later, actively solicit for employment any employee employed by RME.

 

13. INTELLECTUAL PROPERTY RIGHTS

13.1. RME retains all copyright, database rights and other intellectual property rights in all works and other things developed, designed, generated, or created by us in the course of our providing the Services to you (either before the commencement of or during or after the completion of the provision of the Services) including systems, methodologies, software, know-how, documents and working papers.

 

14. LIABILITY

 

14.1. Duty of Care

14.1.1. We will use all reasonable skill and care in the provision of the Services.

14.2. No warranties

14.2.1. Nothing in the Services Contract and nothing in statements made by RME or RME Persons shall be construed as a promise, guarantee or warranty concerning the outcome of your matter. Such comments are expressions of opinion only.

14.3. Current Law

14.3.1. The Services are provided in accordance with –

14.3.1.1. our understanding of current professional practice and guidelines; and

14.3.1.2. law and regulations in existence on the date on which advice is provided It is, however, possible that changes in the law and its interpretation may occur before our advice is acted upon. RME cannot accept responsibility for any changes in the law or its interpretation which occurs subsequent to our advice being delivered to you or which could not reasonably be known by us at that time.

 

15. DISCLAIMER

 

15.1.1. RME, its directors, employees, agents, officers and professional advisors shall not, under any circumstances whatsoever, be liable for any loss, liability, injury, expense or damage (whether direct, indirect, special, incidental, or consequential) including, but not limited to tax losses of any nature whatsoever incurred by you or losses suffered by you as a result of employee strikes, or any other damages whatsoever suffered by you, your directors, employees, agents and officers or any third party, arising out of or in connection with the Services, and you hereby indemnify and hold RME, its directors, employees, agents, officers and professional advisors harmless in respect of any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever, which may be suffered by you, your directors, employees, agents and officers in any manner whatsoever or any third party as a result of, or which may be attributable, directly or indirectly, to the provision of the Services, as aforesaid.

15.1.2. For the avoidance of doubt, the provisions included in this paragraph headed ‘Disclaimer’ in favour of RME’s directors, employees, agents, officers, and professional advisors shall constitute, and be construed as, a stipulation in favour and for the benefit of, such directors, employees, agents, officers and professional advisors.

15.1.3. The Services may include taxation or legal inaccuracies or typographical errors. This disclaimer shall automatically apply in its entirety to all improvements and/or amendments as they appear in the Services and any documents provided by RME in relation to the Services. It shall be your sole responsibility to evaluate the accuracy, completeness and usefulness of the Services and other information provided by RME.

15.1.4. RME does not warrant that the Services or any documents provided by RME in relation to the Services will be error free or that any defects will be corrected.

15.1.5. If you are dissatisfied with the Services or with any terms, conditions, rules, policies, guidelines, or practices of RME in performing the Services, your sole remedy shall be to discontinue using the Services.

15.1.6. Notwithstanding the provisions of this paragraph, in the event that any Court, in respect of any action brought against RME by you, finds in favour of you, the maximum liability of RME, its directors, employees, agents, officers and professional advisors for all claims arising out of the Services provided shall be limited to an amount equal to the total fees charged for all Services provided.

15.1.7. The maximum liability shall be an aggregate liability for all claims from whatever source and howsoever arising whether in contract, dialect or otherwise.

15.2. Exclusion and limitation of liability

15.2.1. The Services are provided to and for the benefit of you as our client and you alone. You agree that you will not communicate our advice to any other person without our consent. Similarly, our name and opinions may not be used in connection with any prospectus, financial statement, or other public document without our written consent. You agree that you will indemnify us and each RME Person against any liability incurred in any action brought against us as a result of you communicating our advice to any other person without our consent.

15.3. Protection of Personal Information Act (“POPI Act”)

15.3.1. The POPI Act sets conditions that any person who processes personal information must comply with and aims to protect the personal information of people. The POPI Act does not aim to stop the free flow of information but creates a balance.

15.3.2. The POPI Act includes eight information protection conditions and these Conditions are subject to exclusions and processing of information is prohibited in certain instances. The conditions are:

15.3.2.1. Accountability

15.3.2.2. Process limitation

15.3.2.3. Purpose specification

15.3.2.4. Further processing limitation

15.3.2.5. Information quality

15.3.2.6. Openness

15.3.2.7. Security safeguards

15.3.2.8. Data subject participation

15.3.3. RME confirms that it will reasonable and required steps to protect, secure and process all information received from any clients in a professional manner, in accordance with these Conditions.

15.3.4. However, you agree and confirm that you will not hold RME responsible for any breach of confidentiality, stemming from wilful or intentional misconduct or criminal activity, and/or any form of gross negligence, especially where any breach of confidentiality or information arises as a result of any action taken by you in providing the information to RME.

15.3.5. Any damage suffered by you as a result of any breach of POPI obligations stemming from the signed Proposal, this agreement or any Services offered to or provided by RME to you, shall be limited to a maximum of the value of the Services rendered to you by RME, and RME cannot and will not be held responsible for any future-dated damages and/or patrimonial damages suffered downstream of any breach.

15.4. By accepting or using the service the client is deemed to have accepted these Terms and Conditions.

15.5. RME Consulting reserves the right to alter these Terms and Conditions from time to time. By continuing to accept service from RME Consulting the clients is deemed to be bound by the current Terms and Conditions. Where possible RME Consulting will give advanced notice of changes to Terms and Conditions.

 

16. CONFLICT OF INTEREST

 

Due to the nature of our business, RME may act for parties engaged in a similar business to yours. RME, however, has and shall continue to have arrangements in operation designed to facilitate the protection of each of our client’s interests.

 

17. TERMINATION      

               

RME reserves the right to cease to act on your behalf if we consider this appropriate for any reason. If we propose to exercise this right, we shall as far as practicable or legally permissible consult with you and provide reasonable assistance in transferring the matter to another service provider. We will endeavour to give you at least 14 (fourteen) days’ notice of our intention to bring this appointment to an end. We will charge you for all work completed up to the date of termination of the Services and any costs incurred by us in concluding or transferring the matter.

 

18. GENERAL

 

18.1. Applicable law and jurisdiction

The agreement will be governed by and construed in accordance with the laws of the Republic of South Africa and all disputes, actions and other matters relating thereto will be determined in accordance with such law. You irrevocably agree that any dispute which may arise out of or in connection with the Services Contract shall, on written demand by either us or you, be submitted to arbitration in accordance with the Arbitration Foundation of Southern Africa (“AFSA”) rules for commercial arbitration. Any such arbitration shall be administered by AFSA and be held in Johannesburg.

18.2. Waiver

Any delays in enforcing the terms or conditions of the Services Contract will not affect or restrict any of the rights and powers arising under the Services Contract. Either party will only be taken to have released its rights under the Services Contract if it has confirmed such release in writing to the other.

18.3. Severance of Terms

In the event that any Term hereof is held to be invalid, the remainder of the Terms will continue in full force and effect.

18.4. Notices

Any notice or other communication to be given under the Services Contract shall be given in writing and delivered by hand or by email to our respective addresses or email addresses appearing in the signed Proposal (or such other address as may have been notified in writing).

18.5. Entire Agreement

The Services Contract constitutes the entire agreement between RME and you with respect to the Services. RME and you both acknowledge that (respectively) we and you have not entered into this Services Contract on the basis of, and have not relied upon, any statement, representation, warranty or other provision, except those expressly included in this Services Contract. No remedy shall be available in respect of any untrue statement, representation, or warranty other than a remedy available under this Services Contract.

18.6. By agreeing to terms and conditions your statutory rights are not affected.

18.7. You shall always provide and maintain updated information with us. We may from time to time request additional information from you.

 

19. COPYRIGHTS

 

19.1. The Client must ensure they have the Copyright for all material supplied.

RME, employees, independent contractors, affiliates, agents, agencies, or any associates involved in a Client’s products and/or services, will not be liable or held responsible for any Copyright disputes.

19.2. If and when RME are informed that material was provided without the required Copyright, illegal content will be removed immediately, and the Client will be billed with the cost thereof.

19.3. RME does not take any responsibility for any and all content supplied from the Client without proper Copyright whatsoever.

19.4. The copyright for all material provided by RME Consulting, such as HTML code, graphics, photographs, and text, will remain the property of RME Consulting until such time as payment has been made in full whereupon they will become the property of the client.

 

20. CONFIDENTIALITY AGREEMENT

​

20.1. This Confidentiality Agreement ("Agreement") is entered into on the date of last signature hereof ("Signature Date"), between the parties described on the cover page of this Agreement (the "Parties").

20.2. “Confidential Information” means the terms and conditions of this Agreement, and any other information disclosed by one Party to the other, including, but not limited to, information regarding each Party's products, services, product designs, prices and costs, trade secrets, know how, inventions, development plans, techniques, processes, programs, schematics, software, data, client lists, financial information, sales and marketing plans, business opportunities, personnel data, research and development activities, pre-release products and any other information which the receiving Party ("Receiving Party") knows or reasonably ought to know is confidential, proprietary or trade secret information of the disclosing Party ("Disclosing Party").  The Receiving Party is obliged to treat all the Confidential Information as confidential.   

20.3. The Receiving Party -:

20.3.1. Shall keep all the Confidential Information strictly confidential and may only disclose Confidential Information to its employees and contractors who (i) have a need to access such Confidential Information, and (ii) have been advised of the obligations of confidentiality and are under obligations of confidentiality substantially similar to those set out in this Agreement.

20.3.2. Shall have no obligation to retain as confidential any information which (i) was legally in its possession or known to the Receiving Party without any obligation of confidentiality prior to receiving it from the Disclosing Party; (ii) is, or subsequently becomes, legally and publicly available without breach of this Agreement; or (iii) is legally obtained by the Receiving Party from a third-Party source without any obligation of confidentially.

20.3.3. May disclose Confidential Information pursuant to a valid order issued by a Court of Government Agency, provided that the Receiving Party provides the Disclosing Party notice of such obligation.

20.3.4. The Receiving Party may disclose Confidential Information pursuant to a valid order issued by a court or government agency, provided that the Receiving Party provides the Disclosing Party notice of such obligation.

20.4. In the event that either Party terminates this Agreement, the Receiving Party shall: (i) cease using the Confidential Information, and (ii) destroy, unless specifically requested by the Disclosing Party to return such Confidential Information and certify in writing such destruction of all Confidential Information including copies, notes or extracts thereof within seven business days of the date the Receiving Party receives the written notice of termination.

20.5. The obligations of each Party concerning confidentiality shall be perpetual. No Party/ies will be entitled to cede their rights or delegate their obligations in terms of this Agreement without the express prior written consent of the other Party/ies.

20.6. The Parties agree that they are independent contractors and have no other association.

20.7. The Parties choose as their address for service for all purposes under this Agreement, whether in respect of court process, notices or other documents or communications of whatsoever nature, the addresses described In the Acceptance section of this agreement.

20.8. Each Party acknowledges that monetary remedies may be inadequate to protect Confidential Information and that a Disclosing Party may seek injunctive relief in the event of any threatened or actual breach of any of the obligations hereunder.

20.9. This Agreement is the whole, entire agreement of the Parties relating to its subject matter and may be modified only in writing and signed by both Parties; and it supersedes any other discussions or agreements in this regard. 

20.10. Either Party may terminate this Agreement at any time and for any reason, without obligation to the other Party except as expressly provided in this Agreement.

20.11. If any term of this Agreement shall be held to be illegal or unenforceable by a court of competent jurisdiction, the remaining terms shall remain in full force and effect.

20.12. This Agreement and any matter arising therefrom shall be governed by and interpreted in accordance with the laws of South Africa. The parties hereby consent and submit to the non-exclusive jurisdiction of the High Court of South Africa in respect of any litigation arising hereunder.

20.13. This Agreement may be executed in counterparts, each of which shall together constitute one and the same instrument.

20.14. To the extent permissible by law no Party shall be bound by any express or implied or tacit term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.

20.15. Any provision in this Agreement, which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be severed from the balance of this Agreement, without invalidating the remaining provisions of this Agreement.

20.16. No part of this Agreement shall constitute a stipulation in favour of any person who is not a party to the Agreement unless the provision in question expressly provides that it does constitute such a stipulation.

 

21. WEB HOSTING SERVICES

 

The use of RME Consulting Web Hosting Services is subject to the following, breach of which may result in suspension or termination of the Client’s right to use the service:

21.1. Our services are offered on an on-going basis. All charges are deemed contracted for a 12-month period from registration and thereafter are automatically renewed unless cancelled by either party giving a minimum 3 month notice in writing, irrespective of payment period. Subject to RME Consulting discretion, charges are not refundable. RME Consulting reserves the right to change or amend their prices without notice.

21.2. The Client shall be issued with a password or passwords to access the services and shall take all reasonable steps to keep such passwords private and confidential and ensure that it does not become known to other persons. If the password becomes known to any other person, the Client will immediately inform RME Consulting and the password will immediately be changed. RME Consulting may change the Client’s password from time to time at their discretion without prior notice.

21.3. The Client shall not use the services: for transmission of computer viruses; for transmission of any material which is defamatory, offensive or abusive or of an obscene or menacing character, or which may cause annoyance, inconvenience or needless anxiety, or for the posting of any such material to bulletin boards or news groups; in a manner which constitutes a violation or infringement of the rights of any person, firm or company (including, but not limited to any intellectual property rights); for the transmission of bulk mail in any form (whether it has occurred through intentional misuse, such as sending unsolicited email marketing, or if it has occurred unintentionally, such as through malware, computer viruses and any other exploits of a website or computer, whether part of our network or external to it). The definition of bulk mail shall be judged in terms of the negative effects (including, but not limited to, excessive use of resources or blacklisting) that may occur in such an incident. We reserve the right to suspend or terminate services and take any other steps we deem necessary at our sole discretion and without notice where such activity harms the reputation of our network and/or infringes on our ability to deliver services to other clients. It is the client’s responsibility to take all reasonable measures (including but not limited to, ensuring websites and software are kept up to date, passwords kept secure and any connected devices are protected by anti-virus or anti-malware to prevent such exploits taking place). In the event of such an exploit we do not accept responsibility for providing any assistance to restore affected devices, for example to re-configure an email client with a new password and will only restore service where we believe the client has taken all reasonable measures to remove the exploit and ensure they comply with these terms.

21.4. The Client acknowledges that RME Consulting is unable to exercise control over the content of any information passing over RME Consulting’s Hosting Platform. The Client further acknowledges that RME Consulting hereby excludes all liability in respect of any transmission or reception of information of whatever nature.

21.5. The Client agrees to indemnify and hold RME Consulting harmless from any claim brought by third parties, alleging the use of RME Consulting by the client has infringed any right of any kind applicable in SA legislation and regulation. The Client shall defend and pay all costs, damages, awards, fees (including reasonable legal fees) and judgements finally awarded against RME Consulting arising from such claims. Furthermore, the Client shall provide RME Consulting with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance to defend such claims at the Client’s sole expense.

21.6. The client undertakes not to assign, re-sell, sublease or in any other way transfer the RME Consulting’s Hosting Platform. Contravention of this restriction successful or not will result in the termination of the service by RME Consulting, in which event the Client is liable for a termination fee. If the client is a duly authorised Channel Partner of RME Consulting, then the resell restriction of this clause does not apply.

21.7. While RME Consulting will use all reasonable endeavours to provide prompt and continuing service, it will not be liable for any loss of data resulting from delays, non-deliveries, missed deliveries, or service interruptions caused by events beyond the control of RME Consulting or by errors or omissions of the Client. In no circumstances whatsoever, will RME Consulting be liable for economic or consequential loss. RME Consulting specifically excludes any warranty as to the quality or accuracy of information received through the services, further RME Consulting cannot be held liable for the actions of any 3rd Party using the service.

21.8. Where RME Consulting provides added value services to its existing services in particular, but not exclusively ‘anti-virus’ products for electronic mail RME Consulting will not be held responsible for any consequential loss or damage for the failure of these services to operate to specification. In the case of failure of these added value services, it is expected that the client will have taken steps to implement contingency plans to protect its business from the effects of these RME Consulting added value services not functioning to specification or not being available.

21.9. Where RME Consulting manages the renewal of a domain with the appropriate domain licensing authority on behalf of the client RME Consulting will take responsibility for notifying renewal and maintaining connectivity to all other services associated with that domain. We issue the first domain name expiry notice to you 60 days ahead of the actual domain expiry when we also issue the invoice for the domain renewal.  Your domain name will be renewed when the renewal invoice for it is paid.

21.10. RME Consulting shall retain full ownership of and title to all services (Goods) ordered by the client and delivered to the client or any part thereof unless and until the client has paid all sums owing to RME Consulting. In addition, where services are subject to a transfer fee or other fixed charges such as domain names then no transfer or action will occur until the client has settled in full all outstanding commercial matters with RME Consulting.

 

22. DOMAIN NAME

​

 The following apply specifically to the domain registration Service.

22.1. You (the client) acknowledge and recognise that the domain name system and the practice of registering and administering domain names is continuously evolving and that We (RME Consulting) may modify these terms as necessary, from time to time, to comply with any agreements by which We are or will be bound, and to adjust to changing business circumstances.

22.2. Your continued use of the registered domain name constitutes acceptance of these terms and amendments, including acceptance of the terms and conditions required of us (RME Consulting) by our domain name services providers to which you are bound.

22.3. Upon receipt of Your domain name registration information, we shall submit the information for approval and processing.

22.4. Selection of Domain Name:

22.4.1. You represent that, to the best of Your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes the legal rights of a third party and, further, that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever.

22.5. If We do register a domain name prior to payment of the registration fee, we reserve the right to cancel the registration or restrict use of the domain name until payment has been received.

22.6. It is Your responsibility to check that Your renewal has been successful within one month of the renewal date. You will automatically be charged for the renewal of the domain prior to its expiry if you have valid card payment details on your account. The domain will not be renewed without valid payment prior to the expiry date.

22.7. As part of the registration process, you are required to submit to us and to keep up to date the following information in connection with your application for domain name registration:

- the domain name to be registered.

- the domain name holder’s name and mailing address.

- the name, mailing address, email address, telephone number, and fax number of the administrative contact for the domain name; and

- the name, mailing address, email address, telephone number and fax number of the billing and technical contact for the domain name.

22.8. We at Our discretion may refuse to renew any registrations unless You always maintain current and updated information.

22.9. We reserve the right to suspend, cancel, transfer, or modify Your domain name registration in the event that:

- You materially breach these terms.

- You use Your registered domain name to send unsolicited commercial advertisements in contravention of applicable laws or customary acceptable usage policies of the Internet.

- You use Your domain name in connection with unlawful activity.

- Grounds arise for such suspension, cancellation, transfer or other modification as provided in these terms; or

- You use Your domain name in connection with material that is slanderous to RME Consulting, or other associated companies.

 

23. WEBSITE DESIGN AND SUPPORT & MAINTENANCE SERVICES

 

23.1. Offensive content

RME Consulting reserves the right to refuse to construct a web site that we may judge as unfit due to content or otherwise. This includes, but is not limited by, sites containing adult oriented material such as pornography, sites which promote hatred towards persons belonging to any ethnic group, religion, or sexual orientation.

23.2. Timescale

RME Consulting cannot always guarantee to start work immediately but will arrange a date with the client as to when work can commence. We will provide a timescale for delivery to which we will endeavour to adhere but will also require timely feedback and supply of materials or content where required from the client.

23.3. Materials

All material, both text and images, supplied by the client and used in the construction of the client’s web site, will remain the client’s property. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws. Clients are solely responsible for ensuring all materials do not infringe copyright and RME Consulting accepts no liability in this regard.

23.4. Compatibility

RME Consulting makes every effort to design pages which display acceptably in the most popular current browsers. However, we cannot accept responsibility for pages which do not display acceptably in new versions of browsers released after the publication of a project.

23.5. Search Engine Optimisation

Unless explicitly specified as part of a project, we do not include search engine optimisation services out with the basic configuration of your website. This includes but is not limited to Metadata and SEO friendly URLs. As search engine rankings are dependent on a wide range of factors out with our control, we make no warranty or guarantee of search engine rankings.

23.6. Search Engine Inclusion

RME Consulting will submit a client’s website to Google at launch. No other inclusion services are included unless explicitly requested by the client. RME Consulting can accept no responsibility or liability if any search engine, online directory, or search site, submitted to as part of a web site promotion, chooses not to list a client’s web site.

23.7. Development & Live Environments, Publication

RME Consulting may initially place the client’s website on a development server for the purposes of review and comment upon the website’s progress. When both RME Consulting and the client agree that the website meets the criteria agreed during the commissioning process, RME Consulting will invoice the client for the full or final amount due for the commission, depending on whether payment by instalments has been agreed at the outset of the project. Upon payment of this sum RME Consulting will publish the website on the client’s server.

23.8. Cancellation of Commission – your right to cancel.

If at any point during the Web design Cycle a client wishes to cancel a commission or service, they may do so by giving written notice by email to hosting@rmeconsulting.co.za. In the event of cancellation of a commission or service involving an annual or monthly contract, 1 month’s written notice is required. In all cases, a commission represents an agreement and commitment on the part of a client to engage the services and labour of RME Consulting for an amount commensurate to the cost of the project or service, and the acceptance of full liability for the agreed costs incurred during the period where employees of RME Consulting are engaged on a commission. RME Consulting will, therefore, invoice for any outstanding labour or service costs proportional to the amount of work completed on the commission. Upon payment of this sum, we agree to provide, on request, any work completed to the point of cancellation.

23.9. Cancellation of Commission – our right to cancel.

If, during the Web design Cycle, the client does not supply content, information or feedback required in order to complete the commission within a reasonable amount of time, and when after contact with the client we cannot ascertain a defined resumption date, RME Consulting will consider that the client wishes to cancel the commission.

RME Consulting will seek to recover costs for any labour or services provided to that point. RME Consulting will always endeavour to ensure a professional working relationship is maintained at all times but in instances where this has broken down irreparably, we reserve the right to unilaterally withdraw from a commission. One month’s notice will be given in that instance.

23.10. Maintenance after Delivery

RME Consulting does not undertake to maintain or update a client’s website as part of the design or development commission. If a client wishes RME Consulting to maintain or update a web site as a separate commission, RME Consulting will negotiate with the client a maintenance contract appropriate to the amount of work required.

23.11. Sign-off & Delivery

The client agrees that RME Consulting will consider that the final payment for and/or a request to deliver or publish online a project constitutes a formal sign-off and the formal conclusion of the project, signifying that the client accepts the project in all aspects. While RME Consulting undertake to fully test any project before delivery and always endeavour to ensure fitness for purpose, it is nonetheless incumbent on the client to ensure their own tests have been completed in full and bring any errors to our attention before delivery.

RME Consulting will provide full guidance on the tests required but reserve the right to delay delivery where we believe that client tests have not been completed. This is to ensure that a project is in a fully operational state at launch or delivery and also to ensure RME Consulting are not obliged to provide remedial work once the site is in commercial operation. Should the client request the site is published regardless, no liability for loss by the client is either implied or accepted in such a scenario.

23.12. Limited Warranty

RME Consulting want you to be satisfied with your site and to develop an ongoing working relationship. We therefore offer a limited warranty period of 30 days after the aforementioned delivery date in which we will accept notification of bugs or errors which, in the event that the testing procedure outlined above has been accepted and followed by both parties, will be repaired free of charge. This is strictly limited to the project (design, hosting environment) that we deliver, excluding third party services such as payment gateways. We cannot, however, accept an ongoing process of change requests or corrections after delivery.

 

 

By proceeding with any of our services, you agree to these Terms and Conditions.

​

bottom of page