Terms and Conditions

TERMS AND CONDITIONS 

  1. INTRODUCTION

These Standard Terms and Conditions (“the terms”) govern the legal relationship between any third party (hereinafter referred to as the “Client”) which engages the services of or contributes content of any nature to www.fairdivorce.co.za (hereinafter referred to as “Fairdivorce.co.za”) in the form of, but not limited to, publication, online advertising, resources, social networking and/or any other engagement or material.

  1. PARTIES
  1. Fairdivorce.co.za is a private entity with limited liability, incorporated in terms of the laws of the Republic of South Africa (hereinafter referred to as “Fairdivorce.co.za”) and
  2. Any natural or juristic person who or which engages the services of or contributes content of any nature to Fairdivorce.co.za in the form of, but not limited to, publication, online advertising, resources and/or any other written material. (hereinafter referred to as “Client”).
  1. INTERPRETATION
  1. In this Agreement, unless inconsistent with or otherwise indicated by the context:-
    1. “The/this Agreement” means the agreement as contained in this document including all Appendices, Annexures and Schedules hereto.
    2. “Party/ies” means all parties to this Agreement.
    3. “Notice” means written notice.
    4. “Services” shall mean advertising and marketing functions provided by co.za.
    5. “Request” shall mean any given project or mandate provided for work to be done.
    6. “Days” shall mean calendar days.
    7. “Listing” means complete details provided in the Directory Listing on www.fairdivorce.co.za.
    8. Any reference to the singular includes the plural and visa versa.
    9. Any reference to any one gender includes the other genders.
  2. Where any term is defined in the context of any particular clause in the Agreement, the term so defined, unless it is clear from the clause in question that the terms so defined has limited application to the relevant clause, shall bear the meaning ascribed to it for all purposes in terms of this Agreement, notwithstanding that the term has not been defined in this interpretation clause.
  3. The clause headings in this Agreement have been inserted for convenience only and shall not be taken into account in its interpretation.
  4. A reference to a document includes an amendment or supplement to, or replacement or novation of that document.
  5. Where figures are referred to in numerals and words, if there is any conflict between the two, the words shall prevail.
  6. The rule of interpretation which proposes that an agreement be interpreted against the person drafting it shall not apply to this Agreement.
  7. This Agreement shall be governed by and construed and interpreted in accordance with the Laws of the Republic of South Africa.
  1. GENERAL TERMS AND CONDITIONS
  1. By accessing and using the fairdivorce.co.za Platform, the Parties hereby consider themselves responsible and bound to follow the terms and conditions provided for herein. Should any party not wish to be bound by this agreement, then such Party may not access, display, download, purchase, post and/or otherwise engage on the fairdivorce.co.za Platform in any manner.
  2. It is further understood and agreed that these Terms and Conditions shall apply to each and every engagement by the Client in respect of, but not limited to, services of or content contributions, quotes, services provided, advertising purchases, social networking and/or any other engagement as if specifically incorporated therein.
  3. Fairdivorce.co.za reserves the right to review and amend the terms and conditions as and when necessary, without consultation and/or notice to the Client. Such amendments shall become effective from the date of publication to the fairdivorce.co.za online platform. Accordingly it shall be the responsibility of the Client to check the website from time to time to acquaint himself with any changes which may have occurred. The Client’s continued use of the fairdivorce.co.za online platform shall be deemed to be an acceptance by the Client to these amendments.
  4. By executing this agreement, the Parties agree to fulfill any and all commitments which may arise, whether financial or otherwise.
  5. Fairdivorce.co.za accepts no liability for any content posted to the fairdivorce.co.za online platform by a third party. Furthermore that which is expressed in any advert, social media post or otherwise by a third party on fairdivorce.co.za online platform shall bear no representation of fairdivorce.co.za, its views or that of its staff, directors or affiliates. 
  6. We do not provide legal, psychological or other professional advice and nothing on this site should be viewed as such. The information provided here is based on personal experiences and extensive academic research.
  1. WEBSITE USE TERMS AND CONDITIONS
  1. Materials contained in this website are protected by applicable copyright and trade mark law. Should any party not comply with any of these applicable laws, then such party is prohibited from accessing or using this website.
  2. The materials on fairdivorce.co.za are provided “as is”. Fairdivorce.co.za makes no warranties, expressed or implied and, hereby disclaims and negates all other warranties, including but without limitation to, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, fairdivorce.co.za does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its internet website or otherwise relating to such materials or on any sites linked to this site.
  3. The materials appearing on fairdivorce.co.za could include technical, typographical or photographic errors. Fairdivorce.co.za does not warrant that any of the materials on its website are accurate, complete or current. Fairdivorce.co.za may make changes to the materials contained on its website at any time without notice. Fairdivorce.co.za does not, however, make any commitment to update the materials.
  4. In no event shall co.za or its suppliers be liable for any damages or losses arising out of the use or inability to use the materials on fairdivorce.co.za, even if fairdivorce.co.za or an authorised representative has been notified orally or in writing of the possibility of such damage.
  5. Fairdivorce.co.za has not reviewed all of the sites linked to its internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by fairdivorce.co.za of the site. Use of any such linked website is at the user’s own risk.
  1. PRIVACY POLICY 
  1. Your privacy is very important to us. Accordingly, we have developed a policy whereby we shall identify the purposes for which information is being collected, before or at the time of collecting such information.
  2. We shall collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
  3. We shall collect personal information by lawful and fair means and where appropriate, with the knowledge or consent of the individual concerned. We shall only retain personal information as long as necessary for the fulfilment of those purposes specified.
  4. Personal data should be relevant to the purposes, accurate, complete and up-to-date.
  5. We shall protect personal information by reasonable security measures against loss or theft as well as unauthorised access, disclosure, copying , use or modification. 
  1. ADVERTISING TERMS AND CONDITIONS
  1. AD PLACEMENT AND POSITIONING: The CLIENT understands that specific AD Placement and positioning may be booked in advance but fairdivorce.co.za retains full discretion to allocate advertisements to be published on the online platform.
  2. ADVERTISEMENT CONTENT & ARTWORK (“INSERTS”):
    1. All artwork and content shall be supplied by the Client to co.za by no later than the 20thday of the month preceding the commencement of the Client’s  advertising initiative.
    2. In the event that the Client wishes to engage the services of fairdivorce.co.za’s graphic designer(s), the Client understands that the transaction shall constitute a separate transaction to this agreement and shall be negotiated with the graphic designer(s) directly.
    3. All advertising inserts submitted must reflect the appropriate and correct content intended by the Client.
    4. The Client understands that all material is subject to approval by and inserts will be reviewed by fairdivorce.co.za prior to publication and fairdivorce.co.za reserves the sole discretion to edit and insert as such.
    5. All advertisements, introductions, biographies or other content which need to be corrected due to the Client’s fault shall be charged at a rate of R50 (fifty rand) per correction.
    6. Fairdivorce.co.za reserves the right to cancel or reject advertising which is deemed to be inappropriate in light of the core business and ethics of the fairdivorce.co.za online platform.
    7. DIRECTORY LISTINGS: The Client will be contracted to a minimum of 6 months upon placement of a directory listing. The Client/Advertiser may select 3 (three) categories in the directory to host their particular listing.
    8. SCHEDULES: Fairdivorce.co.za shall make every reasonable effort to ensure that adverts, newsletters, directory listings etcetera are published or dispatched according the fairdivorce.co.za “send out date Schedule”. However fairdivorce.co.za shall not be liable for any loss or damage incurred by the Client due to such delay or failure by fairdivorce.co.za to do so for any reason whatsoever.
  3. BULK ADVERTISING:  Clients shall be entitled to a bulk discount where such client places more than 6 (six) consecutive months’ advertising with fairdivorce.co.za and payment is made in advance.
  4. The Client understands that co.za merely supplies a platform on which the Client is able to advertise their business. Fairdivorce.co.za is not responsible to ensure that the Client receives the desired (or any) amount of business leads.
  1. CONTRIBUTIONS TERMS AND CONDITIONS
  1. Contributions or submissions of materials and content to co.za, remain the intellectual property of the individual contributor.
  2. By submitting content and material to fairdivorce.co.za, the Client expressly grants fairdivorce.co.za a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display the material and content, as well as the Client’s contributor profile information, including the Client’s voice and/or likeness as contained in the material and content, in whole or in part and, in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof and, including the complete right to sub-license such rights, in perpetuity throughout the universe.
  3. The Client undertakes to adhere to the Guidelines and Requirements for Material and Content Submission (available upon request) and submit material and content accordingly.
  4. Materials and content are not confidential and co.za shall be under no obligation to maintain the confidentiality of any information, in whatever from, contained in any material and content.
  5. Fairdivorce.co.za reserves the right to edit all material and content submitted without permission. Fairdivorce.co.za shall respect the integrity of the material and content, while matching it to the integrity of the online platform.
  6. Fairdivorce.co.za provides no guarantees that your material or content will be published and reserves the right in its sole discretion, which material and content will be published and when it will be published as well as which material and content will be removed and when it will be removed.
  7. In the event that the Client becomes a regular contributor to fairdivorce.co.za, the Client will provide material / content for a minimum of 1(one) article per month, or more. Upon receipt and approval of the material / content for the first article to be posted, the Client will qualify for a complimentary listing in the Contributors’ Directory. The listing will remain for as long as the Client’s contributions(s) are posted on the website.
  1. PAYMENT TERMS AND CONDITIONS
  1. Payment shall be due and payable in advance, upon invoice.  Please note that fairdivorce.co.za is not a VAT vendor.
  2. Payments are to be made strictly via EFT. No other method of payment will be accepted.
  3. In the event that the Client’s account has not been settled in full by the 20TH of the month preceding publication, unless prior arrangement has been made, fairdivorce.co.za shall be allowed to allocate the Client’s advertising space to another Client. Fairdivorce.co.za shall under no circumstances be liable to the Client for any loss of damages suffered as a result.
  4. The Client shall be liable to pay interest at the maximum permissible rates that may be levied from the due date of payment until the date upon which actual payment is received by fairdivorce.co.za.
  5. The Client shall also be liable for all costs incurred by fairdivorce.co.za in the recovery of any amounts or the enforcement of any rights here-under, including collection charges and costs on an attorney and own client scale and costs of counsel as on brief, whether incurred prior or during the institution of legal proceedings or if judgment has been granted, in connection with satisfaction or enforcement of any such debt and/or judgment.
  1. CANCELLATION OF ADVERTISING CAMPAIGN
  1. Written notice, by way of electronic mail, of cancellation of the agreement shall be furnished by the Client to fairdivorce.co.za by no later than the 20TH day of the month preceding scheduled publication. The Client understands that he will still be liable to pay for work done to date by fairdivorce.co.za on behalf of the Client as well as a 10% (ten per centum) cancellation fee of the invoice amount.
  2. Should the Client elect to cancel the agreement after the 20thof the month in which the advert is scheduled for publication and post payment of invoice, the Client understands that he shall be entitled to a refund in the amount of 25% (twenty five per centum) of the invoice.
  3. In the event that the Client neglects to make payment of the invoice by the 20thday of the month in which publication is scheduled, fairdivorce.co.za shall be entitled to assume that the customer no longer wishes to advertise with fairdivorce.co.za, thereby cancelling the agreement, and fairdivorce.co.za shall be entitled to allocate the relevant advertising space to another party. The provision of clause 8.2 above shall apply.
  4. Notwithstanding anything to the contrary herein, in the event that the advertisement not being published due to the failure of the Client to supply artwork and/or the intended advertisement, no refund shall be due to the Client and a 10% (10 percent) cancellation fee shall apply.
  1. BREACH OF AGREEMENT
  1. In the event of:
    1. any party breaching any term of this agreement and failing to remedy such breach within 14 (fourteen) days after receipt of written notice to do so; or
    2. any party being placed under provisional or final sequestration; or
    3. any party effecting or attempting to effect a compromise or composition with its creditors; or
    4. a judgement being granted against any party in respect of any debt which remains unsatisfied for a period of 7 (seven) days after such judgement will have come to the attention of either party; or
    5. any party having made any materially incorrect or untrue statement or representation in connection with this agreement or his financial affairs or any particulars thereof and such statement or representation has not been remedied within 7 (seven) days after delivery to the party of a written Notice requiring such remedy; or
    6. either party committing any act or allowing any omission which might prejudice either party’s rights under this agreement; then and in any such event, the prejudiced party shall be entitled, without prejudice to any other rights which it may have in law, claim immediate repayment of all outstanding amounts notwithstanding that the due date for payment of such amount has not yet arrived and cancel the agreement forthwith.
  1. ENTIRE AGREEMENT

This agreement constitutes the entire agreement between the parties with regard to the matters dealt with herein and no representations, terms, conditions or warranties express or implied not contained in this agreement shall be binding on the parties.

  1. INDULGENCES

No indulgence granted by a party shall constitute a waiver of any of that party’s rights under this agreement; accordingly, that party shall not be precluded, as a consequence of having granted such indulgence, from exercising any rights against the other which may have arisen in the past or which may arise in the future.

  1. JURISDICTION

Fairdivorce.co.za shall have the right at its sole option and discretion to institute proceedings in any competent Court which might otherwise have jurisdiction.

  1. SEVERABILITY

Should any provision of this agreement be void for vagueness or for any other reason, then that provision shall be capable of being severed from the remainder of this agreement, which shall remain of full force and effect.