Terms and Conditions
The following Terms and Conditions are a legal and binding document, applicable to all products and/or services undertaken by STREAM Beyond, for and on behalf of any Client(s) who have duly accepted STREAM Beyond's quotation(s) for any such products and/or services, and therefore authorised STREAM Beyond to render the aforementioned products and deliver said services.
General Terms and Conditions
1. Project Specifications
1.1. The Client must supply the Project Specifications to STREAM Beyond in order for STREAM Beyond to issue an accurate and binding quotation.
1.2. If the Client requires further assistance with the creation of Project Specifications, STREAM Beyond can assist the Client. This time may be billed to the Client at the discretion of STREAM Beyond.
2. Quotation
2.1. Quotations are valid for 14 (fourteen) calendar days from the documented date on the Quotation.
2.2. Quotations do not include domain name registration or hosting fees unless otherwise specified.
3. Acknowledgement
3.1. Upon a Client accepting the STREAM Beyond Quotation, the Client acknowledges that they have read and accepted these Terms and Conditions.
4. Agreement
4.1. The Client acknowledges acceptance of the Quotation and these Terms and Conditions by paying 50% of the total quoted South African Rand (ZAR) value as a deposit to STREAM Beyond's stipulated bank account details as provided on the Invoices. Clients can be billed in other currencies if agreed by both parties.
4.2. Products and/or services as described in the Quotation will only commence once the Client's deposit has been confirmed as received by STREAM Beyond.
4.3. STREAM Beyond commits to work expeditiously to complete the quoted products and/or services within the Project Specifications and timeframes indicated as per the Quotation(s).
4.4. STREAM Beyond cannot be held responsible for delays outside of their control, including but not limited to equipment failure, Third Party Hosting Services, and internet connections.
4.5. STREAM Beyond endeavours to make websites that perform well in up-to-date, current major browsers (Google Chrome, Firefox, Safari, Microsoft Edge), but cannot guarantee backward compatibility (i.e., functionality on older or obscure devices and software).
5. Deposit
5.1. Deposit(s) are non-refundable unless STREAM Beyond, at their sole discretion, decides otherwise. The decision by STREAM Beyond is based on the factors surrounding the project in question and is non-negotiable.
6. Required Documentation
6.1. Required documentation refers to any and all information necessary for the timely commencement and delivery of products and/or services as described in these Terms and Conditions and indicated by the Project Specifications. This includes all material such as text copy, product details, pictures, videos, company profiles, etc.
6.2. The Client is to provide all Required Documentation electronically to STREAM Beyond to initiate work on the aforementioned quoted products and/or services, unless they are to be created as part of the project.
6.3. The Client's quoted and accepted products and/or services will only be queued and allocated accordingly after compliance with Terms and Conditions 6.2, unless agreed otherwise in writing.
6.4. If the Client does not supply STREAM Beyond with the Required Documentation within 20 (twenty) calendar days from the Invoice date, the entire amount of the Agreement becomes due and payable, should the Client choose to continue the Agreement with STREAM Beyond.
6.5. If the Client still has not submitted or provided all the Required Documentation within 45 (forty-five) calendar days from the Invoice date, an additional continuation fee of 15% of the total Quotation(s) will be billed for each month until the quoted products and/or services are completed.
7. Copyrights
7.1. The Client must ensure they have the Copyright for all material supplied.
7.2. STREAM Beyond, its 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.
7.3. If and when STREAM Beyond is 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.
7.4. STREAM Beyond does not take any responsibility for any and all content supplied from the Client without proper Copyright whatsoever.
8. Graphic Images
8.1. Unless otherwise specified in the Quotation, the Client shall supply all Graphic Images to be published in accordance with the specified products and/or services.
8.2. Graphic Images (including but not limited to artwork and logos) supplied by the Client must be of high digital quality and applicable format. The format can be confirmed with the STREAM Beyond team as required.
9. Photographs
9.1. Photographs supplied by the Client must be of high digital quality and applicable format.
10. Printing
10.1. STREAM Beyond does not offer any printing products and/or services; therefore, STREAM Beyond takes no responsibility for print or printing errors.
10.2. Completed graphic design, logo, or any artwork by STREAM Beyond will be emailed to the Client, and the Client will enter into an agreement directly with the printer of their choice.
10.3. To ensure colour and print quality, it is the Client's responsibility to request a colour proof from their printers.
11. Website Hosting
11.1. Hosting via STREAM Beyond
11.1.1. Hosting via STREAM Beyond allows for allocated disk space and traffic bandwidth limited to that Hosting package. Disk over-usage will be charged at the appropriate rate at that time, invoiced to the Client's account, and must be paid within 14 (fourteen) calendar days after the Invoice date thereof. Overage pricing/rates are explained on the quotes.
11.1.2. Monthly Hosting and Yearly Domain Fees must be paid on or before the last working day of each month, unless committed to payment by means of a stop order payment, in which instance the last calendar day is applicable.
11.1.3. Hosting fees are payable from the date of domain registration, transfer to STREAM Beyond hosting, and, if applicable, from the start of website development by STREAM Beyond.
11.1.4. Payments not received by the 1st of each month automatically suspend the Client's Hosting service, thus risking deactivation of the Client's website. This can be waived at the sole discretion of STREAM Beyond, without giving up any rights as per the Terms and Conditions.
11.1.5. A reactivation fee, at the appropriate rate at that time, will be billed to the Client, based on time spent correcting the suspended account.
11.1.6. Hosting fees not received for 3 consecutive calendar months irrevocably terminate the linked website with the host. The Client's domain registration remains for the balance of the yearly domain fee paid, but no software, design, and/or development work associated with the domain is recoverable by reactivation hereafter.
11.1.7. STREAM Beyond reserves the right to suspend the Client's services due to non-payment and charge fees, at the appropriate rate at that time, on all arrears in accordance with these Terms and Conditions.
11.1.8. Hosting cancellations are only accepted in writing or emailed to mario@streambeyond.xyz, on or before the 1st of the new month, as it carries a calendar month notice period.
11.1.9. All outstanding payments must be paid up to date before the Client's Hosting services will be terminated with STREAM Beyond, thus enabling release to transfer to a Third Party Hosting Service Provider.
11.1.10. STREAM Beyond uses leading hosting providers. STREAM Beyond cannot be held liable for downtime or loss due to technical faults from the servers due to hacks, technical errors, electricity outages, etc.
11.1.11. Should there be any website downtime due to reasons outlined in 11.1.10, STREAM Beyond will do everything they can to resolve the situation. If there are credits passed on from hosting providers, this will be shared with the clients.
11.1.12. Should the hosting be cancelled as outlined in 11.1.8, the onus will be on the client to migrate/transfer the site and all its content. Should the client prefer that this be managed by STREAM Beyond, this can be arranged. Time spent by STREAM Beyond will be billed to the client.
11.2. Hosting via a Third Party Service Provider
11.2.1. If the Client uses a Third Party Service Provider, the Client will enter into an agreement directly with that Third Party Service Provider.
11.2.2. STREAM Beyond will not be held liable or have any responsibility for the Client's Hosting Services via a Third Party Service Provider, as we do not have control over the status of hosting, domain renewals, or email when not hosted with STREAM Beyond.
11.2.3. All technical aspects of websites must be referred to the Client's Third Party Hosting Service Provider.
11.2.4. STREAM Beyond will, however, assist the Client upon request with Third Party Hosting Service Provider(s). This time may be billed to the Client at the discretion of STREAM Beyond.
12. Search Engine Optimisation (SEO)
12.1. STREAM Beyond cannot guarantee search positions or rankings of websites, but includes Search Engine Optimisation (SEO) in the form of Google Webmaster Tools submission, Google Analytics integration, meta tags and descriptions, structure, and basic content recommendations for all websites developed. STREAM Beyond can assist with the Client's SEO if and when required and will issue the Client a Quotation accordingly.
13. E-Commerce
13.1. STREAM Beyond will load up to 10 products on the website on the Client's behalf. However, the Client will be able to load unlimited products subject to fair usage of the hosting package.
13.2. Should the Client require STREAM Beyond to load more than the aforementioned 10 loaded products, STREAM Beyond will issue the Client a Quotation accordingly.
14. Balance of Payment
14.1. The Client is required to email the Proof of Payment to STREAM Beyond.
14.2. All work remains the property of STREAM Beyond until the full and final payment is received.
15. Completion Date
15.1. Activation of the Client's website is conditional to the Terms and Conditions 14 above.
15.2. The Completion Date of a project is affected by feedback and received content from the Client. Timeframes will be adjusted within reason, notwithstanding these Terms and Conditions.
16. Additional Work
16.1. Additional Work requested and agreed to, or any other work in progress for the Client's website after the Completion Date of the original Agreement, will be billed in accordance with these Terms and Conditions, quoted, and agreed to.
16.2. All payment(s) and timeframe(s) as set out in these Terms and Conditions shall apply.
16.3. Scope creep will not be tolerated, and setting clear goals, objectives, and specifications in the initial negotiations and Project Quote with STREAM Beyond remains the responsibility of the Client.
16.4. STREAM Beyond may suggest Additional Work for the Client's project, including but not limited to graphic design, software, etc., to enhance the Client's website functionality and appearance, and reserves the right to do so free of charge or STREAM Beyond will issue the Client a Quotation accordingly.
17. Service Agreement
17.1. The Client may request that STREAM Beyond access their website's Content Management System to make requested changes. Upon doing so, the Client indemnifies STREAM Beyond from any changes made by the Client or any third party to the website, which includes but is not limited to any content changes, software updates, added software, or loss of information.
17.2. STREAM Beyond commits to respond to any technical error, which may be the result of their Hosting services, design software, or any plausible fault, omission, or neglect on their part within this agreement within a reasonable time period, as soon as STREAM Beyond is able.
18. Invoices and Statements
18.1. STREAM Beyond is not a credit service provider and does not grant any credit facilities whatsoever.
18.2. Client Statements and accounts do not imply negotiable payment terms and are issued in accordance with the nature of STREAM Beyond being a month-to-month service provider.
18.3. All Invoices are billed to the Client's account and emailed to the Client in accordance with these Terms and Conditions, and payments made by the Client are allocated to Invoices on the Statement upon STREAM Beyond having confirmed receipt of said funds.
18.4. Invoices, corresponding payments received, and due balances will reflect on the Client's Statement.
18.5. Due to the nature of the business, additional Client Statements will be issued and emailed for all overdue balances and additional fees invoiced as required.
19. Consultations
19.1. Telephonic, Skype, or email queries will be responded to free of charge for confirmed Clients according to Terms and Conditions 4.1.
19.2. Meetings and consultations will be charged at the discretion of STREAM Beyond, in accordance with these Terms and Conditions, quoted, and agreed to.
20. Legal Costs
20.1. Failure to comply with these Terms and Conditions regarding payments and fees will result in legal action from STREAM Beyond's legal representative(s), and the full outstanding balance becomes payable.
20.2. All legal costs resulting from non-payment will be accrued to the Client's outstanding balance.
21. Cancellations
21.1. Should the Client cancel the project at any time, all fees up to that point of work will be calculated. Any amount greater than the 50% deposit will be billed to the Client. This is payable within 14 (fourteen) calendar days of the Invoice date.
21.2. STREAM Beyond will only refund Client's amounts paid for products and/or services not delivered in accordance with the initial Agreement(s), or the balance thereof in accordance with Terms and Conditions 21.1.
21.3. Hosting and Domain Fees are non-refundable, as these are paid in advance.
21.4. STREAM Beyond reserves the right at its discretion to cancel this Agreement should the Client breach any of the Terms and Conditions stated herein.
22. Security
22.1. STREAM Beyond will not be held liable for any viruses, hacking, malicious content, or any security breaches pertaining to any third-party applications or to the Client's website.
22.2. STREAM Beyond's Hosting service provider may at any time suspend a domain should any viruses or malicious content be exposed through hacking or security breaches to any third-party application or website.
23. General
23.1. STREAM Beyond reserves the right to make changes to these Terms and Conditions at any time without prior consent of any or all of their Clients, employees, independent contractors, affiliates, agents, agencies, or any other third-party agreements.
23.2. These Terms and Conditions are legally binding in accordance with the publishing date hereof, as incorporated on STREAM Beyond's own website.
Privacy Policy (POPIA: Protection of Personal Information Act)
Introduction
STREAM Beyond (Pty) Ltd (registration number 2024/557875/07) is a specialised digital agency based in Cape Town, South Africa. We offer expert services, including web design, SEO, e-commerce, hosting, online marketing, and digital design services.
This Privacy Policy sets out how we collect, store, use, and protect your personal data when using our website and accessing any of our products or services.
1. Audience
This policy applies to you if you are:
- A visitor to our website
- A customer who has ordered goods or services that we provide
- A supplier or partner
- An employee or contractor
2. Acceptance
Acceptance Required
2.1. All terms of this policy must be accepted when you order or use any of our goods or services or our website. You may not order or use any of our goods or services or our website if you do not accept this policy.
Deemed Acceptance
2.2. By accepting this policy, you are deemed to have read, understood, accepted, and agreed to be bound by all of its terms. You may only provide us with your own personal data or the personal data of another data subject where you have permission to do so.
3. Information We Collect
We collect the following types of information:
- Name/Organisation Name
- Contact details (email address, phone number)
- Customer Billing Information
- Other relevant information to deliver our services accordingly
4. How We Collect Information
Collection
4.1. We collect information directly from you, as well as automatically from you through the use of our services:
- Information collected directly: Information such as your name, contact details, and billing information is typically collected directly from you. You have full control over how much information you share with us.
- Information collected automatically: When you use or interact with our site and services, we receive and store information generated by your activity, such as analytics data and other information automatically collected from your browser.
Consent to Collection
4.2. We will obtain your consent to collect personal data:
- In accordance with applicable law
- When you provide us with personal information/optional information directly via our website or various communication platforms
5. Use of Your Personal Information
We require your personal information to understand your needs and provide you with a better service, and in particular for the following reasons:
- Internal record-keeping and administrative purposes
- Provide new STREAM Beyond services to you
- Respond to your requests, inquiries, comments, or concerns
- Improve product and service offerings
- For advertising and promotional purposes of our products and services
6. How We Use Cookies
6.1. In order to analyse data about webpage traffic and improve our website, we may place small text files called 'cookies' on your device when visiting our website. These files do not contain personal data, but they do contain a personal identifier allowing us to associate your personal data with a certain device. Most web browsers accept cookies automatically; however, you are able to modify your browser settings to decline cookies if you prefer. Many websites use cookies, and you can find more about them at www.allaboutcookies.org.
7. Disclosure
Sharing
7.1. We may share your personal information with:
- Our suppliers/service providers who provide us with goods and services, assisting us with parts of our business operations.
- Other third parties who provide us with relevant services where necessary.
- We do not share any information with third parties in relation to marketing services.
8. Security
8.1. We are committed to ensuring that your personal information is protected; therefore, security measures have been put in place to secure and safeguard the information we collect online and elsewhere. Security audits and risk assessments are performed when necessary to ensure that risks facing your personal information are managed appropriately.
9. Your Legal Rights
9.1. You have the following rights under data protection laws in relation to your personal information, which include:
- Request access to your personal information
- Request correction of your personal information
- Request deletion of your personal information
- Object to the processing of your personal information
- Request restriction of processing your personal information
- Request the transfer of your personal information
9.2. If you wish to exercise any of these rights, please contact us.
10. Accurate and Up-to-Date
10.1. We strive to keep the personal data we collect as accurate, complete, and up-to-date as possible. You are able to review or update any personal data that we hold on you by contacting us.
11. Retention
11.1. Your personal information will be retained for as long as necessary to fulfil the purpose we have collected it for, including for the purpose of satisfying any legal, accounting, or reporting purposes.
12. Changes in STREAM Beyond's Privacy Policy
12.1. Updates will be made to this Privacy Policy as necessary to satisfy legal requirements. We will post a prominent notice of material changes on our website and provide you with an additional notice on updates, should it be deemed necessary.
13. Data Breaches
13.1. We will notify our customers of any confirmed data breaches that have occurred.
14. Limitation
14.1. We are not responsible for, give no warranties, nor make any representations in respect of the privacy policies or practices of linked or any third-party websites.
15. Enquiries
15.1. If you have any questions or concerns arising from this Privacy Policy, please contact us at mario@streambeyond.xyz.