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TERMS & CONDITIONS

  1. Introduction

The Website enables you to order customized cloud solutions, services, and infrastructure.

(“Goods”).

These Terms and Conditions are binding and enforceable against every person that accesses

or uses this Website (“you”, “your” or “user”), including without limitation each user who

registers as contemplated below (“registered user”). By using the Website and by clicking on

the “Register Now” button on the Website, as may be applicable, you acknowledge that you

have read and agree to be bound by these Terms and Conditions.

These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and

delivery of Goods, and the use of the Website.

This website can be accessed at https://bravowebdesigns.co.za/, related mobi-sites, and software

applications (the “Website”) and is owned and operated by Bravo Web Designs (Pty) Ltd.

  1. Important Notice

These Terms and Conditions apply to users who are consumers for purposes of the

Consumer Protection Act, 68 of 2008 (the “CPA”).

These Terms and Conditions contain provisions that appear in similar text and style to this

clause and which -may create risk or liability for the user; and/or may compel the user to

indemnify Bravo Web Designs or a third party; and/or serves as an acknowledgment, by the user, of a fact. Your attention is drawn to these Terms and Conditions because they are important and

should be carefully noted.

If there is any provision in these Terms and Conditions that you do not understand, it is your

responsibility to ask your account manager at Bravo Web Designs to explain it to you before you accept the Terms and Conditions or continue using the Website.

Nothing in these Terms and Conditions is intended or must be understood to unlawfully

restrict, limit or avoid any right or obligation created for either you or Bravo Web Designs in terms of the CPA.

  1. Returns

You will need to request cancellation of the subscriptions on the Website directly.

Bravo Web Designs will allow for credits, where allowed by our vendors. Credits may be passed only for a pro-rata amount, depending on usage and vendor terms.

  1. Registration and use of the website

Only registered users may order Goods on the Website.

To register as a user, you must provide a unique username and password and

provide certain information and personal details to Bravo Web Designs. You will need to use your

unique username and password to access the Website to purchase Goods.

You agree and warrant that your username and password shall:

be used for personal use only; and not be disclosed by you to any third party.

For security purposes, you agree to enter the correct username and password whenever

ordering Goods, failing which you will be denied access.

You agree that, once the correct username and password relating to your account have been

entered, irrespective of whether the use of the username and password is unauthorized or

fraudulent, you will be liable for payment of such order, save where the order is canceled by

you in accordance with these Terms and Conditions.

You agree to notify Bravo Web Designs immediately upon becoming aware of or reasonably suspecting any unauthorized access to or use of your username and password and to take steps to

mitigate any resultant loss or harm.

By using the Website, you warrant that you are 18 (eighteen) years of age or older and of full

legal capacity.

You may not use the Website to distribute material that is defamatory, offensive, contains

or amounts to hate speech or is otherwise unlawful.

  1. Conclusion of sales

Registered users may place orders for Goods, which Bravo Web Designs may accept or reject. Orders

placed will be fulfilled according to availability from vendors.

NOTE: Bravo Web Designs will indicate the acceptance of your order once payment has been received.

Should you have a terms account, orders will be processed according to these terms.

You acknowledge that the stock of all Goods on offer are electronic. Monthly and annual pricing

may fluctuate at any time without notice to you.

Please note that subscriptions may be auto-renewed without notice to you, and you will be

liable for the payment of the renewal billings. Should you wish to cancel the subscription,

you will need to process the cancellation on the Website prior to the renewal.

  1. Delivery of goods

Bravo Web Designs software and cloud solutions purchased on this Website are delivered electronically only. You will be provided access to the necessary tools and websites for downloads for installation.

  1. Errors

We shall take all reasonable efforts to accurately reflect the description, availability, purchase

price and delivery charges of Goods on the Website. However, should there be any errors of

whatsoever nature on the Website (which are not due to our gross negligence), we shall not

be liable for any loss, claim or expense relating to a transaction based on any error, save – in

the case of any incorrect purchase price – to the extent of refunding you for any amount

already paid, or otherwise as set out in the Returns Policy.

  1. Deals and other discounted Goods

From time to time, we may offer certain Goods at discounted prices as part of a special deal,

or any other temporary deal w (each a “Deal”). These which is communicated by Bravo Web Designs. If you buy a product within the scope of a Deal, you will pay the discounted price for that

product (the “Deal Price”).

However, if you buy a product in a manner that falls outside of the scope of a Deal, then you

will pay the then-current price for each product that falls outside the scope of the Deal.

  1. Price – Pricing on the Website is subject to fluctuations, including vendor cost or the rate

of exchange. Goods may be billed in advance or in arrears, depending on vendor

requirements and the type of goods purchased.

  1. Payment – Account terms are those agreed upon by you when signing up with Bravo Web Designs as a user. Note that subscriptions may be auto-renewed, and you will be liable for

payment of the renewal billings.

  1. Privacy policy

We respect your privacy and will take reasonable measures to protect it, as more fully

detailed below.

Should you decide to register as a user on the Website, we will require you to provide us

with personal information which includes but is not limited to –

your name and surname;

your email address;

your mobile number;

your date of birth.

Should your personal information change, please contact your account manager and provide

us with updates to your personal information as soon as reasonably possible to enable us to

update your personal information.

Subject to clause 15.6 below, we will not, without your express consent:

use your personal information for any purpose other than as set out below:

in relation to the ordering, sale, and delivery of Goods;

to contact you regarding current or new Goods or services or any other goods offered by us

or any of our divisions, affiliates, and/or partners (unless you have opted out from receiving

marketing material from us);

to inform you of new features, special offers, and promotional competitions offered by us or

any of our divisions, affiliates, and/or partners (unless you have opted out from receiving

marketing material from us), and to invite you to specific training or product events run by Bravo Web Designs or the brands that we represent

to improve our product selection and your experience on our Website by, for example,

monitoring your browsing habits, or tracking your sales on the Website, or disclose your personal information to any third party other than as set out below:

to our employees and/or third-party service providers who assist us to interact with you via

our Website, email, or any other method, for the ordering of Goods or when delivering

Goods to you, and thus need to know your personal information to assist us to communicate

with you properly and efficiently; to our divisions, affiliates, and/or partners (including their employees and/or third-party

service providers) for them to interact directly with you via email or any other method for

purposes of sending you marketing material regarding any current or new goods or services,

new features, special offers, or promotional items offered by them (unless you have opted

out from receiving marketing material from us);

to law enforcement, government officials, fraud detection agencies, or other third parties

when we believe in good faith that the disclosure of personal information is necessary to

prevent physical harm or financial loss, to report or support the investigation into suspected

illegal activity, or to investigate violations of these Terms and Conditions;

to our service providers (under contract with us) who help with parts of our business

operations (fraud prevention, marketing, technology services, etc). However, our contracts

dictate that these service providers may only use your information in connection with the

services they perform for us and not for their own benefit;

to our suppliers for them to liaise directly with you regarding any faulty Goods you have

purchased which requires their involvement; and to any Third-Party Seller for purposes of sending you an invoice for any Goods purchased from such Third-Party Seller, which disclosed information will be limited to your email address (refer to clause 14 above).

We are entitled to use or disclose your personal information if such use or disclosure is

required to comply with any applicable law, subpoena, the order of a court or legal process served

on us, or to protect and defend our rights or property. In the event of a fraudulent online

payment, Bravo Web Designs is entitled to disclose relevant personal information for criminal

investigation purposes or in line with any other legal obligation for disclosure of the personal

the information which may be required of it.

We will ensure that all our employees, third-party service providers, divisions, affiliates and

partners (including their employees and third-party service providers) having access to your

personal information are bound by appropriate and legally binding confidentiality

obligations in relation to your personal information.

Ratings and Reviews: When you provide a rating or review of a Product, you consent to us

using that rating or review as we deem fit, including without limitation on the Website, in

newsletters or other marketing material. The name that will appear next to that rating or

review is your First Name, as you would have provided upon registration. If you do not agree

to this, please do not put any ratings or reviews on the Website. We will not display your Last

Name, nor any of your contact details, with a rating or review.

We will –

treat your personal information as strictly confidential, save where we are entitled to share it

as set out in this policy;

take appropriate technical and organizational measures to ensure that your personal

information is kept secure and is protected against unauthorized or unlawful processing,

accidental loss, destruction or damage, alteration, disclosure or access;

provide you with access to your personal information to view and/or update personal details;

promptly notify you if we become aware of any unauthorized use, disclosure, or processing of your personal information; provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and upon your request, promptly return or destroy all your personal information in our possession or control, save for that which we are legally obliged to retain.

We will not retain your personal information longer than the period for which it was

originally needed, unless we are required by law to do so, or you consent to us retaining

such information for a longer period.

Bravo Web Designs undertakes never to sell or make your personal information available to any third party other than as provided for in this policy.

Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot

guarantee or accept any liability whatsoever for unauthorized or unlawful disclosures of your

personal information, whilst in our possession, made by third parties who are not subject to

our control, unless such disclosure is as a result of our gross negligence.

This website makes use of “cookies” to automatically collect information and data through

the standard operation of the Internet servers. “Cookies” are small text files a website can use

(and which we may use) to recognize repeat users, facilitate the user’s ongoing access to

and use of a website and allow a website to track usage behavior and compile aggregate

data that will allow the website operator to improve the functionality of the website and its

content, and to display more focused advertising to a user by way of third-party tools. The

type of information collected by cookies is not used to personally identify you. If you do not

want information collected through the use of cookies, there is a simple procedure in most

browsers that allow you to deny or accept the cookie feature. Please note that cookies may

be necessary to provide you with certain features available on our Website, and thus if you

disable the cookies on your browser you may not be able to use those features, and your

access to our Website will therefore be limited. If you do not disable “cookies”, you are

deemed to consent to our use of any personal information collected using those cookies,

subject to the provisions of this clause 15.

  1. Changes to these Terms and Conditions

Bravo Web Designs may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you

are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website. By transacting on this Website, you consent

to have read and accepted these terms and conditions and are authorized to do so on

behalf of your company.

Any such change will only apply to your use of this Website after the change is displayed on

the Website. If you use the Website after such amended Terms and Conditions have been

displayed on the Website, you will be deemed to have accepted such changes.

  1. Ownership and copyright

The contents of the Website, including any material, information, data, software, icons, text,

graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos,

trade-marks, designs, and service marks which are displayed on or incorporated in this

Website (“Website Content”) are protected by law, including but not limited to copyright and

trademark law. The Website Content is the property of Bravo Web Designs, its advertisers and/or

sponsors and/or is licensed to Bravo Web Designs.

You will not acquire any right, title, or interest in or to the Website or the Website Content.

  1. Disclaimer

The use of the Website is entirely at your own risk and you assume full responsibility for any

risk or loss resulting from the use of the Website or reliance on any information on the Website.

Whilst Bravo Web Designs takes reasonable measures to ensure that the content of the Website is

accurate and complete, Bravo Web Designs makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability, or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.

If any such representations or warranties are made by Bravo Web Designs’ representatives, Bravo Web Designs shall not be bound thereby.

Bravo Web Designs disclaims liability for any damage, loss, or expenses, whether direct, indirect, or

consequential in nature, arising out of or in connection with your access to or use of the

Website and/or any content therein unless otherwise provided by law.

In addition to the disclaimers contained elsewhere in these Terms and Conditions, Bravo Web Designs also makes no warranty or representation, whether express or implied, that the information

or files available on the Website are free of viruses, spyware, malware, trojans, destructive

materials or any other data or code which is able to corrupt, destroy, compromise, disrupt,

disable, harm, jeopardize or otherwise impede in any manner the operation, stability, security

functionality or content of your computer system, computer network, hardware or software

in any way. You accept all risk associated with the existence of such viruses, destructive

materials or any other data or code which is able to corrupt, compromise, jeopardize, disrupt,

disable, harm, or otherwise impede in any manner the operation or content of a computer

the system, computer network, any handset or mobile device, or your hardware or software, save

where such risks arise due to the gross negligence or wilful misconduct of Bravo Web Designs, its

employees, agents, or authorized representatives. Bravo Web Designs thus disclaims all liability for any damage, loss, or liability of any nature whatsoever arising out of or in connection with your

access to or use of the Website.

  1. Linking to third party websites

This Website may contain links or references to other websites (“Third Party Websites”) which

are outside of our control, including those of advertisers. These Terms and Conditions do not

apply to those Third-Party Websites and Bravo Web Designs is not responsible for the practices and/or privacy policies of those Third-Party Websites or the “cookies” that those sites may use.

Notwithstanding the fact that the Website may refer to or provide links to Third Party

Websites, your use of such Third-Party Websites is entirely at your own risk and we are not

responsible for any loss, expense, claim or damage, whether direct, indirect, or consequential,

arising from your use of such Third-Party Websites or your reliance on any information

contained thereon.

  1. Limitation of liability

Bravo Web Designs cannot be held liable for any inaccurate information published on the Website

and/or any incorrect prices displayed on the Website, save where such liability arises from

the gross negligence or wilful misconduct of Bravo Web Designs, its employees, agents, or authorized

representatives. You are encouraged to contact us to report any possible malfunctions or

errors by contacting us on any of the contact details under the contacts page of this website

  1. Availability and termination

We will use reasonable endeavors to maintain the availability of the Website, except during

scheduled maintenance periods, and are entitled to discontinue providing the Website or

any part thereof with or without notice to you.

Bravo Web Designs may in its sole discretion terminate, suspend and modify this Website, with or

without notice to you. You agree that Bravo Web Designs will not be liable to you in the event that it

chooses to suspend, modify or terminate this Website other than for processing any orders

made by you prior to such time, to the extent possible.

Bravo Web Designs is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website, refuse to accept or process an order, and/or to cancel any

order concluded between you and Bravo Web Designs, in whole or in part, on notice to you.

At any time, you can choose to stop using the Website, with or without notice to Bravo Web Designs.

  1. Governing law and jurisdiction

These Terms and Conditions and our relationship and/or any dispute arising from or in

connection with these Terms and Conditions shall be governed and interpreted in

accordance with the laws of the Republic of South Africa. Your continued use of the Website

will constitute your consent and submission to the jurisdiction of the South African courts

regarding all proceedings, transactions, applications, or the like instituted by either party

against the other, arising from any of these Terms and Conditions.

  1. These terms and conditions are in addition to the general terms and conditions and

standard warranty and returns policies that you signed upon opening your account at

Bravo Web Designs.