Our Website Design / Development Policy highlights how we deal with your information and the ownership of intellectual property. For the sake of simplicity, we will refer to a client as "You" throughout this policy. When refering to the client and InterWeb SA, we will refer to them both as "The Party/The Parties"
Once payment is received, You will own the masterpiece, also known as the website, that InterWeb SA designed for You and any visuals that InterWeb SA provided with it. We will turn over our work product, including any necessary files, and You will be responsible for their safekeeping. We are not required to keep copies. You guarantee that You have the legal right to all elements of text, photographs, and anything else that You provide to Us and that You will not hold InterWeb SA responsible for any third-party claims.
InterWeb SA will own any copyrightable work, ideas, inventions, products, or other information that InterWeb SA created in connection with the Services We are providing. We guarantee that InterWeb SA have the legal right to all elements related to the Services We are providing and will not hold You responsible for any third-party claims.
Your secrets are safe with InterWeb SA. This includes your proprietary information (things like trade secrets, know-how, or any other confidential information that is not publicly available). InterWeb SA promise We won’t sell your proprietary information to a third-party, no matter how much they offer Us.
The Parties may not assign the responsibilities that they have under this Agreement to anyone else unless both Parties agree to the assignment in writing.
InterWeb SA would really hate to see You go. If You decide We aren’t your cup of coffee (or wine), You can end this Agreement by giving InterWeb SA a ten (10) day written notice and paying InterWeb SA for the Services that InterWeb SA have completed.
If either Party fails to follow through with their responsibilities or obligations under this Agreement, the other Party can end this Agreement by giving a ten (10) day written notice. Alternatively if a written obligation has been made clear about a due date for payment, services may be suspended immediately the day after the due date.
This Agreement will automatically terminate when both Parties have performed all of their obligations under the Agreement and all payments have been made.
Your liability to InterWeb SA is only for the costs payable under this Agreement. You will not be liable to InterWeb SA, or any third-party, for damages like lost profits, lost savings, incidental damages, consequential damages, or special damages.
InterWeb SA want to work this out. In the event of a dispute, the Parties agree to work towards a resolution through good faith negotiation.
If talking it over doesn’t go well, either Party may initiate mediation or binding arbitration in a forum mutually agreed to by the Parties
If litigation is necessary, this Agreement will be interpreted based on the laws of the Western Cape, South Africa, regardless of any conflict of law issues that may arises. The Parties agree that the dispute will be resolved at a court of competent jurisdiction in the agreed province.
The prevailing party, or “winner” as non-lawyers call it, will be able to recover its attorney’s fees and other reasonable costs for a dispute resolved by binding arbitration or litigation.
If any section of this Agreement is found to be invalid, illegal, or unenforceable, the rest of the Agreement will still be enforceable.
This Agreement puts the Parties entire understanding of the Services to be performed and anything else the Parties have agreed to in black and white (literally). This Agreement supersedes any other written or verbal communications between the Parties. Any subsequent changes to this Agreement must be made in writing and signed by both Parties.
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