Terms & Conditions

LO Graphs (PTY) Ltd (hereafter referred to as LO Graphs) regarding the clients use of LO Graphs’s Hosting Services. The use of our services governs the terms and conditions under which LO Graphs makes the services offered by LO Graphs available to individual consumers through a personal computer or similar access, or to individual consumers or small businesses in connection with the “LO Graphs” web hosting or similar services.

LO Graphs will host an account for the client, the purchaser, for the client’s chosen package. These serivces will be renewed, unless terminated. The client will be Invoiced per month. Should the client decide not to use LO Graphs services requires notification 60 days, prior to the Cancellation Date requested. The client must have all account information available to cancel. If the client does not provide this notice, the client will be charged for the next terms rate. There are no refunds on a la carte services.

LO Graphs’s services are provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. LO Graphs expressly disclaims any representation or warranty that LO Graphs’s services will be

error-free, secure or uninterrupted. No oral advice or written information given by LO Graphs, its employees, licensors of the like, will create a warranty; nor may the client rely on any such information or advice. The terms of this section will survive any termination of this Agreement. LO Graphs will however strive to maintain an uptime on all services equal to or better than 99.9% of overall expected service delivery time.

The hosting service and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. Further, the client agrees not to store, transmit, link to, advertise or make available any images containing pornography. Violations of these or any other provisions of this Agreement may result in termination of the services provided by LO Graphs, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of LO Graphs based upon the severity of the violation. LO Graphs reserves the right to refuse service if any of the content within, or any links from, the client’s website(s) is deemed illegal, misleading, or obscene, or is otherwise in breach of LO Graphs’s then current Acceptable Use Policy, in the sole and absolute opinion of LO Graphs. Notwithstanding anything in these Terms & Conditions, the content of the client’s website(s) is the sole responsibility of the client. The client agrees to indemnify and hold harmless LO Graphs from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney’s fees, costs, and other expenses incurred by LO Graphs, (collectively, Claims) related to or in connection with the content of the client’s website.

The client acknowledges that the nature of the service furnished, and the initial rates and charges have been communicated to the client. The client is aware that LO Graphs reserves the right to change the specified rates and charges from time to time.

The client agrees to follow generally accepted rules of “Netiquette” when sending e-mail messages or any other electronic communication from the services hosted by LO Graphs.

LO Graphs will not change passwords to any account without proof of identification, which is satisfactory to LO Graphs, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes the client, the client understands that LO Graphs will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will LO Graphs be liable for any losses incurred by the client during this time of determination of ownership, or otherwise. The client agrees to indemnify and hold harmless LO Graphs from any and all Claims arising from such ownership disputes. The terms of this Section will survive any termination of this Agreement.

The client agrees not to harm LO Graphs, its reputation, computer systems, programming and/or other persons using LO Graphs’s services. LO Graphs reserves the right to select the server for the client’s website for best performance. The client understands that the services provided by LO Graphs are provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts. If the client’s website overwhelms the server and causes complaints from other users, the client has outgrown the realm of shared servers, and will need to relocate/upgrade its website. LO Graphs will refund any unused portion of prepaid services. If the client refuses to comply with this Section, then LO Graphs has the right to terminate the services provided to the client without any refunds of the unused portion prepaid by the client. The client agrees to indemnify and hold harmless LO Graphs and any other client from any and all Claims resulting from the client’s use of the services provided by LO Graphs. The terms of this Section will survive any termination of this Agreement.

The client’s rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of LO Graphs.

If the client sells or resells advertising or web space to a third party, then the client will be responsible for the contents of that advertising and the actions of that third party. LO Graphs has the absolute right to reject any advertising or other third-party content that is illegal, offensive or otherwise in breach of the then current LO Graphs Acceptable Use Policy. The e-mail distribution by the client of “SPAM”, “JUNK MAIL”, or “UNSOLICITED COMMERCIAL E-MAIL”, is expressly prohibited. If the client refuses to remove any advertising or other third-party content deemed objectionable by LO Graphs, LO Graphs may terminate the services being provided to the client.

LO Graphs will use its best efforts to maintain a full time Internet presence for the client. The client hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall LO Graphs be liable to the client for any damages resulting from or related to any failure or delay of LO Graphs in providing access to the Internet under this Agreement. In no event shall LO Graphs be liable to the client for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of LO Graphs under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the client hereunder. The terms of this Section will survive any termination of this Agreement.

This Agreement applies to all accounts, sub-accounts, and alternative account names associated with the client principal account. The client is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. Any LO Graphs account may not be transferred without prior written approval from LO Graphs. The client is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the client’s account, the client will be liable for any unauthorized use of LO Graphs services, including any damages resulting there from, until the client notifies LO Graphs’ customer service.

If LO Graphs assigns the client an Internet Protocol address in connection with the client’s use of the LO Graphs services, the right to use that Internet Protocol address will remain with and belong only to LO Graphs, and the client will have no right to use that Internet Protocol address except as allowed by LO Graphs in its sole and absolute discretion.

This Agreement constitutes the entire agreement between the client and LO Graphs with respect to the LO Graphs services and supersedes all prior agreements between the client and LO Graphs. LO Graphs’s failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.

The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mind set, without formal proceedings. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in South Africa. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney’s fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.

The client agrees to indemnify and hold LO Graphs harmless from any and all Claims resulting from or connected with any activities conducted by the client. The client and LO Graphs will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph will survive any termination of this Agreement.

LO Graphs may include the client’s name and contact information in directories of LO Graphs’s service subscribers for the purpose promoting the use of the services by additional potential clients. However, LO Graphs is not authorized to print the client’s name, trademarks or other identifying information in any other advertising or promotional materials without the prior written consent of the client.

The interpretation and enforcement of this Agreement shall be governed according the laws of the Republic of South Africa (excluding its choice of law rules). The client hereby consents to personal jurisdiction in the federal and provincial courts of South Africa for any action arising out of or relating to the client’s use of the LO Graphs services. The federal and provincial courts of South Africa will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees. The terms of this Section will survive any termination of this Agreement.

Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery or by mail. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested; with all postage and charges prepaid. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, or as specified by subsequent written notice delivered by the party whose address has changed.

Because the Internet is a global communication tool, and we have clients from nearly every country in the world it is difficult to dictate what is considered “adult material.” However, it is not our function to discriminate against those who choose to utilize adult content or adult related material. There will be NO USE of our services for such content.

Once the client’s account has exceeded its allotted resource limits (such as, but not limited to bandwidth or disk space) additional fee’s will be applied. Full responsibility for any excess resources generated by an account is assumed by the client. Clients who exceed the allocated disk space or bandwidth allocation will be notified in writing to upgrade services to the next package level. Clients failure to respond to this notification within 72 hours of the first notification will result in an automatic upgrade in services.

If the client’s account becomes overdue, the account will be suspended. Interest will accrue on the overdue account at a rate of 15% per month until the outstanding balance is paid in full.

If the client charges back for services rendered, a R650 charge back fee will be added to the amount charged back by the customer.

In the event of 7 days of non-payment, the client agrees to LO Graphs’ right to place a “suspension” notification on the clients domain. Furthermore, the client agree that DNS of the client domain will remain unchanged until full payment for the outstanding balance on the client account has been received by LO Graphs. A R370.00 re-connection Fee will be due on all overdue Invoices older than 30 days.

If the client’s account is overdue for 60 days, the account will be cancelled, and all associated site files will be deleted from the server. At this time the client will be handed over to an outside collection agency and a R700 collection fee will be added to the balance previously due.

LO Graphs may temporarily deny service or terminate this Agreement upon the failure of the client to pay charges when they become due. Such termination or denial will not relieve the client of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

All accounts are subject to verification.

The client agree that LO Graphs may establish limits concerning use of any LO Graphs service offered on any LO Graphs web site, including without limitation the maximum number of days that e-mail messages will be retained by any LO Graphs service, the maximum number of e-mail messages that may be sent from or received by an account on any LO Graphs service, the maximum size of an e-mail message that may be sent from or received by an account on any LO Graphs service, the maximum disk space that will be allotted on LO Graphs’ servers on the client behalf either cumulatively or for any particular service. The client agrees that LO Graphs has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any LO Graphs service. The client acknowledges that the features, parameters (for example, the amount of storage available to users) or existence of any LO Graphs service may change at any time.

The responsibility of all passwords and other related sensitive information is assumed by the client, should any additional fees arise from resource consumption due to poor credentials (such as, but not limited to blank passwords or “test” accounts) no fault shall be levied on LO Graphs.

Traffic Overage Disputes – Should the client wish to dispute a traffic overage charge the client may do so by requesting an overage investigation, however should the traffic usage be accurate within a 15% margin a once off charge of R650 per domain/server will be applied to the corresponding account.

Clients are entitled to upgrade/downgrade their service at any time during the Hosting Period.

The acceptance of Quotation by Client signature implies that the below terms and conditions have been read and understood and accepted by the Client.


Definitions
The following terms and conditions document is a legal agreement between LO Graphs , hereafter “LO Graphs ” and “Client” for the purposes of web site design or development. LO Graphs preferred web site hosting supplier, WebAfrica, will be known as the “Internet Service Provider” (ISP). These Terms and Conditions set forth the provisions under which the Client may use the services supplied.


LO Graphs is an Internet web site design provider offering the Client graphical design, HTML, CSS, Javascript and other related computer programming languages for web site development. LO Graphs is an independent contractor for the specific purpose of developing and/or improving a web site to be installed on the Clients web space located on an Internet Service Providers (ISP) server.


Standard Hosting Service
LO Graphs will either secure an account with an ISP on behalf of the Client, or the Client may secure the account independently. If the Client is not an advanced user of the Internet, the Client is encouraged to use the services of LO Graphs to secure and maintain this account, this also ensures that LO Graphs are able to upload the website and guarantee that the hosting platform supports all functionality. Should the Client already host a web site with another hosting company but wish to move to LO Graphs ISP Servers, the Clients domain/s transferred to the ISP free of charge.


The Client hereby authorizes LO Graphs to access this account, and authorizes the Web Hosting Service Provider to provide LO Graphs with “write permission” for the Clients web page directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. The Client also authorizes LO Graphs to publicize their completed web site to Web search engines, as well as other Web directories and indexes, should it so deem.


Domain Name Registration
LO Graphs will secure a domain name (www.domainname.com) for the Client at the Clients request. All charges incurred in doing so will be billed to the Client as an addition to the base price contemplated by this agreement unless otherwise stated. These are Internet fees, and are not a source of income for LO Graphs .
If the Client already owns a domain name, which is authorized to move to the ISP, LO Graphs will coordinate redirecting the address to the new host. Should the Client desire a specific domain name, which is already owned by another party, negotiations for said domain name, must be undertaken by the Client.
Client agrees to take all legal responsibility for use of third party domain name, hosting and email services and hereby agrees to indemnify and hold harmless LO Graphs from any claim resulting from the Clients publication of material and use of the domain name, hosting and email services. Any support or payment due relating to the domain name, hosting and email services are to be made between the Client and the third party service (unless otherwise stated).


Client agrees to pass on FTP details, Client Panel, and any other access details relating to their domain name and hosting account which LO Graphs requires to upload the web site, if required as part of a project.
LO Graphs reserves the right without notice to refuse work with domain names or hosting and email services without reason for such rejection or refusal.


Content
Copy for web site must be supplied by the Client in Microsoft Word .DOC or .RTF format via disk or email attachment. If not supplied on disk or via email, there will be an additional charge for typesetting. Copy writing services are available at an additional charge.
If the Client does not supply LO Graphs complete text and graphic content for all web pages contracted, within six (8)weeks of the date the contract was agreed to, the entire amount of the contract becomes due and payable. If the client has not submitted complete text and graphics content within two (2) months of agreeing to this contract, an additional continuation fee of 10% of the total contract price will also be assessed each month until the web site is advertised.


Additional web pages requested over and above the amount stated on the quotation will be charged at R450.00 per additional page. Graphics or photos beyond the allowed average of 1-2 per web page shall be billed at an additional R650 per hour editing. Where custom graphic work is requested, it will be billed at the hourly rate specified in this document, or as quoted.


Notwithstanding anything to the contrary contained in this clause, LO Graphs reserves the right to advise the Client in writing of any change in its charges arising from the work being done by LO Graphs as envisaged in terms hereof in 14 written days’ notice by LO Graphs to the Client.

Cross Browser Compatibility
LO Graphs shall make every effort to ensure sites are designed to be viewed by the majority of visitors. Sites are designed to work with the main browsers Internet Explorer and Mozilla Firefox latest releases. Client agrees that LO Graphs cannot guarantee correct functionality with all browser software across different operating systems.
Client agrees that after the handover of files, any updated software versions of the main browsers, domain name setup changes or hosting setup changes thereafter, may affect the functionality and display of the web site. As such, LO Graphs reserves the right to quote for any work involved in changing the web site design or web site code for it to work with updated browser software, domain name or hosting changes.


Client is aware that some advanced techniques on the Internet may require a more recent browser version and brand or plug-in. Client is also aware that, as new browser versions of Internet Explorer and Firefox are developed, the new browser versions may not be compatible. In the absence of a Maintenance Agreement time spent to re-code a site for compatibility due to the introduction of a new browser version will be separately negotiated and in addition to the base price of our agreement.


Online stores only
The text and graphic content of the web pages will be supplied by the Client and executed as specified by the Client in the “Web Page Planning Worksheet” and/or the “Store Planning Worksheet”. The quotation provided includes the quantities of products, categories, photos, regular pages, etc. in the final store. Any variations to this will incur additional charges. Product web pages, products, or photos added after the store is ready for advertising to the Web will be calculated for actual time spent at the hourly rate specified below.

Additional Expenses


Client Amends / Changes


LO Graphs prides itself in providing excellent customer service. That is the spirit of our agreement and the spirit of LO Graphs business. To that end, we encourage input from the Client during the design process. LO Graphs understands, however, that the Client may request significant design changes to pages that have already been built to the Clients specification. To that end, please note that our agreement does not include a provision for “significant page modification” or creation of additional pages in excess of our agreed page maximum. If significant page modification is requested after a page has been built to the Clients specification, we must count it as an additional page. Some examples of significant page modification at the request of the Client include:
• Developing a new table or layer structure to accommodate a substantial redesign at the Clients request
• Recreating or significantly modifying the company logo or other graphics at the
Clients request
• Replacing more than 75% of the text to any given page at the Clients request• Creating a new navigation structure or changing the link graphics at the Clients request
• Significantly re configuring the Clients shopping cart with new product, shipping or discount calculation if an e-commerce enabled site has been selected by the Client
If the Client requests significant page modification after the page maximum has been reached, a Change Request with estimated costs will be submitted for Clients approval prior to changes being done. Moderate changes, however, will always be covered during our development of the site and also covered by our maintenance agreements.


Maintenance Agreements
Maintenance Agreements are negotiated on a Client-by-Client basis as each Client will have differing needs. LO Graphs offers two kinds of Maintenance Agreements:
a. The Monthly “Flat Rate” Maintenance Contract – The Client pays a fixed monthly rate for such things as changing the price of an item, adding additional inventory to online store, addition of email addresses and making minor changes to a sentence or paragraph, etc. “Flat Rate” Agreement is payable each month, whether the time is used or not. Please enquire for the rate choices.
b. The “As Needed” Maintenance Contract – A monthly chargeable agreement, higher than the “Flat Rate”, but offering cost savings on sites with little to no changes. Charges incur when Client requests a change

Changes requested by the Client beyond those limits will be billed at the hourly rate of R250.00 per hour. This rate shall also apply toward additional work authorized beyond the maximums specified above for such services as: general Internet orientation education, marketing consulting, web page design, editing, modifying product pages and databases in an online store, and art, photo, graphics services, and helping Clients learn how to use their own web page editor. Programming charges are excluded from the maintenance agreements.
Maintenance Agreements exclude any additional functionality added to the web site, for example galleries, calendars, forums, polls etc. Any web site or web page redesigns, graphic design (banners, advertisements etc.) are also excluded from the maintenance agreement. Should the Client or an agent, other than LO Graphs , attempt to update the web site and damage the design or impair the ability for the web pages to display or function properly, time to repair the web pages will be assessed at the hourly rate, and is not included as part of the updating time. There is a one-hour minimum. Provided that LO Graphs may increase its hourly rate as provided for herein on 14 days written notice to the Client.

Training
LO Graphs will provide both e-mail and telephonic support to the Clients designated representatives regarding management of the Clients web site for a period of 7 days) upon completion of the web site development. Any further support required will incur a charge.

Work Schedule & Payment Terms
An advance of 70% of the total cost of the project is required before work can commence, unless otherwise stated. Only upon receipt of payment, will a project be opened for the services requested. Payment is accepted by Electronic Funds Transfer (ETF) ONLY unless otherwise agreed. No Cheque deposits will be accepted. Cash deposits will incur a 10% fee for bank charges. Once the LO Graphs receives the deposit, basic design concepts will begin. The balance is due and payable on completion of the project or 30 days from commencement of the project, whichever comes first.


LO Graphs to submit a ‘First Mock-up Draft’ of web site no later than thirty (30) days after LO Graphs receives signed agreement, along with down payment and initial direction from the Client (Web Site Design Brief). The Client is to provide LO Graphs with all the data needed to complete web site, including text, company logo, and images. Communication between LO Graphs and Client is crucial during this phase to ensure that the ultimate publication will match the Clients taste and requirements.

Upon completion of this stage, the Client will be asked to confirm acceptance for the basic site design via e-mail or by signing a printed copy of the design and mailing back to LO Graphs . Once acceptance is received from the Client, work will commence to complete the project. Upon completion of the web site, an approval form will be sent to the Client. Client will supply written approval by printing and signing the approval form or e-mail confirmation, which will be faxed or emailed back to LO Graphs .

Final payment to be paid within 30 days of commencement of the project, or upon project completion – whichever comes first. Any additional charges incurred will be due within seven (7) days after delivery of the project and invoice. All payments are non-refundable and required even if deliverables are not used by client.

Should payment not be made within thirty (30) days of notification, a late payment penalty of R550 will be charged per month that the fees remain outstanding. LO Graphs reserves the right to remove all web content from the Internet if payment is not made within thirty (30) days of completion notification. If case collection proves necessary, Client agrees to pay all fees incurred in that process. Regardless of the place of signing this agreement, Client agrees that for the purposes of venue, this contract was entered into in Johannesburg, South Africa, and any dispute will be litigated or arbitrated in Johannesburg, South Africa.

Completion Date
LO Graphs and Client must work together to complete the web site in a timely manner for both parties to remain profitable. We agree to work expeditiously to complete this project no later than thirty (30) working days from date of cleared deposit, and receiving all relevant material from the Client. LO Graphs , however, cannot be held liable for late completion should the Client not revert with feedback in a timely manner.

Copyrights and Trademarks
The Client represents to LO Graphs and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to LO Graphs for inclusion in web pages are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend LO Graphs and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.

Limited Liability
Client agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service, the Host Server or LO Graphs . Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of an illegal activity, and any infringement of privacy. LO Graphs reserves the right to determine what is and is not pornography.

The Client hereby agrees to indemnify and hold harmless LO Graphs from any claim resulting from the Clients publication of material or use of those materials. It is also understood that LO Graphs will not publish information over the Internet which may be used by another party to harm another.

Indemnification
Client agrees that it shall defend, indemnify, save and hold LO Graphs harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys fees associated with LO Graphs development of the Clients web site. This includes liabilities asserted against LO Graphs , its subcontractors, agents, clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employees or assigns.

Client also agrees to defend, indemnify and hold harmless LO Graphs against liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Clients web site. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization or business.

Assignment of Project
LO Graphs reserves the right to assign subcontractors to this project to ensure the right fit for the job as well as on-time completion. LO Graphs warrants all work completed by subcontractors for this project. When subcontracting is required, LO Graphs will only use industry recognized professionals.

Ownership to Web Pages and Graphics
Copyright to the finished assembled work of web pages produced by LO Graphs and graphics shall be vested with the Client upon final payment for the project. This ownership is to include design, photos, graphics, source code, work-up files, text and any program(s) specifically designed or purchased on behalf of the Client for completion of this project. Stock Images provided by LO Graphs remain the property of LO Graphs , unless purchased by the Client.
All materials developed under this contract and intended for publication to the web remain the property of LO Graphs until such time as Client has tendered final payment for the work described herein. At this time, all materials become the property of Client and may be used by them as desired. Should Client use materials described in this contract on the web before the tender of final payment, then this contract is breached and appropriate penalties will apply. LO Graphs retains the right to display graphics and other web design elements as examples of their work in their portfolios. All development rights remains LO Graphs property.

Laws Affecting Electronic Commerce
From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The Client agrees that the Client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect and defend LO Graphs and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Clients exercise of Internet electronic commerce. Client also understands that LO Graphs cannot provide any legal advice.

Design Credit
The Client agrees that LO Graphs may put a byline on the bottom of the web pages establishing design and development credit. Client also agrees that the web site created for the Client may be included in LO Graphs portfolio.

Non-disclosure
LO Graphs , its employees and subcontractors agree that, except as directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information to any person whatsoever. Likewise, the Client agrees that it will not convey any confidential information obtained about LO Graphs to another party.

Rights Upon Termination of Agreement
LO Graphs shall transfer, assign and make available to Client all property and materials in LO Graphs possession or subject to LO Graphs control that are the property of Client, subject to payment in full of amounts due, pursuant to this agreement. LO Graphs also agrees to provide reasonable co-operation in arranging for the transfer or approval of third parties interest in all contracts, agreements and other arrangements with advertising media, suppliers, talent and others not then utilized, and all rights and claims thereto and therein, following appropriate release from the obligations therein.
Cancellation of the project at the request of the Client must be made by registered letter. In the event that work is postponed or cancelled at the request of the Client by registered letter, LO Graphs shall have the right to retain the original deposit. In the event this amount is not sufficient to cover LO Graphs for the time and expense already invested in the project, the Client shall be liable to pay for all work completed at the hourly rate. If additional payment is due, this will be billed to the Client within seven (7) days of notification via registered letter to stop work. Final payment will be expected under the same terms as listed in point 11 above.
Cancellation of project must be submitted by Certified Letter Signed by Client to LO Graphs. The cancellation clause of your contract may further specify:
• all materials, backups etc needs to be done by client and LO Graphs will not be held responsible for lost data or designs.

Default
An account shall be considered default if it remains unpaid for 30 days from the date of invoice. LO Graphs shall be considered entitled to remove LO Graphs and/or the clients material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, design and maintenance, sub-contractors, printers, photographers and photography libraries.

Removal of such materials does not relieve the client of its obligation to pay the due amount. Clients whose accounts become default agree to pay LO Graphs reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

Litigation
Any disputes arising from this contract will be litigated or arbitrated in Johannesburg, South Africa. This agreement shall be governed and construed in accordance with the laws of the Republic of South Africa. Client hereby agree to the terms, conditions and stipulations of this agreement on behalf of his/her organization or business. This Agreement constitutes the entire understanding of both parties. Any changes or modifications thereto must be in writing and signed by both parties.

Arbitration
Any disputes in excess of R7000.00 (or the maximum limit for small claims court) arising out of this agreement shall be submitted to binding arbitration before a mutually agreed upon Arbitrator suitor pursuant to the rules of the South African Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration costs, reasonable attorneys fees and legal interest on any award or judgment in favour of LO Graphs .
In the event that an Arbitrator cannot be mutually agreed upon, that an Arbitrator shall be appointed by the South African Arbitration Association.
The provision of this Arbitration clause shall not preclude either party from approaching a Court of competent jurisdiction on an urgency basis for any necessary interdictory and/or ancillary relief pending determination of the dispute by Arbitration as provided for in terms of this clause.

Terms and Conditions
LO Graphs does not warrant that the functions contained in these web pages or the Internet web site will meet the Clients requirements or that the operation of the web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and web site is with the Client. In no event will LO Graphs be liable to the client of any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation or inability to operate these web pages or web site, even if LO Graphs has been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Sole Agreement
The agreement contained in this “Web Site Design Contract” constitutes the sole agreement between LO Graphs and the Client regarding this web site/services. Any additional work not specified in this contract must be authorized by a written change order.

This agreement constitutes the entire understanding of LO Graphs and Client. Both parties warrant that they have read and understand the terms set forth in this agreement. This agreement terminates and supersedes all prior understanding or agreements on the subject matter hereof. Any changes or modification thereto must be in writing and signed by both parties The Client agrees to the terms of this agreement on behalf of his or her organization or business.

Domicilium Citandi et Executandi and Noticies:
The parties choose as their domicilium citandi et executandi, their addresses mentioned in the attached invoice, but such domicilium may be changed by either party by written notice from such party to the other with effect from the date of receipt or deemed receipt by the latter of such notice.

Any notice, demand or other communication addressed by either party to the other at the latter’s domicilium in terms herewith, for the time being, and sent by prepaid registered post, will be deemed to be have been received by the latter on the 7th business day following the date of posting. This provision will not be construed as precluding the utilisation of other means and methods (including telefacsimile and email) for the transmission or delivery of notices, demands and other communications, but no presumption and delivery will arise if any such other means or method is used.