Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE YOU USE OUR WEBSITES OR ATTEMPT TO ACCESS ANY SERVICES. THIS IS A BINDING LEGAL AGREEMENT BETWEEN YOU AND KONZEPS.

These terms (the “Terms of Service”) apply to your use of any of our Websites including, but not limited to, konzeps.com and any and all sub-domains thereof (“Our Websites”), and any purchase or use by you of any products, services, or software that may be made available to you through these domains (“Our Services”).

Any and all references to 'Konzeps' within these Terms of Service shall be construed as meaning the parent company Konzeps, or any and all Divisions of Konzeps - including, but not limited to, Design Konzeps, Hosting Konzeps, Modular Konzeps, Cyclical Konzeps, bIndaba, or Rogue Concepts.

Konzeps reserves the right to amend or update these Terms of Service at any time, with or without notice. Such changes shall take effect immediately and shall apply to all subsequent use by you of Our Websites, Products, or Services.

Accessing Our Websites

We do not guarantee that Our Websites, or any content on them, will always be available or be uninterrupted. Access to Our Websites is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of Our Websites without notice. Konzeps will not be liable to you if for any reason Our Websites are unavailable at any time or for any period.

Accounts and Passwords

If you choose, or you are provided with, any form of user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We reserve the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

If you know or suspect that anyone other than you knows your user identification code or password, you must notify us immediately.

Service Provision and End User License Agreements

You agree that any Software (“Our Software”) is supplied by Konzeps, and is licensed, not sold, under the terms of its End User Licence Agreement (“EULA”) and that the EULA will govern all use of the Software by you. You accept that you have no right to use the Software without agreeing to the terms of the EULA in full.

A Software licence offered to you via Our Websites may be a Leased or ‘Subscription Software Licence’ or an Owned or ‘Lifetime Software License’. The licence’s type will affect your rights under it. A licence’s type will be clearly labelled at the point of purchase.

License holders are not permitted to “borrow”, “lend”, “sell” or in any other way transfer licenses or use of the Software to any third parties except in the case of an ‘Owned Software License Transfer’ as detailed below. Any breach by you of this term of the Terms of Service shall cause all use by you of the Software to be revoked and terminated immediately and without Konzeps incurring any liability.

The EULA is included in the Software download package. By installing, copying, or otherwise using the Software, you agree to be bound by the terms of the EULA.

Konzeps reserves the right to refuse service to any individual or organisation at its discretion. Konzeps, in conjunction with any licensor or other third party copyright holder, reserves all rights in, and all ownership of Our Software.

Renewals & Payments

Payments made in respect of Our Services are accepted via PayFast in South Africa or via PayPal internationally. Subscription Services (including any Subscription Software Licences) automatically renew at the conclusion of each subscription period (month, year, etc. as applicable) until cancelled. Payment is due on the anniversary of the date of signup each month, year, etc. (as applicable). If payment is not received within 5 days of the due date, Konzeps will suspend the Subscription Service or Subscription Software License until full payment is received and reserves the right to suspend any and all related services for the account in question.

For any other Services, payments shall be due in advance of any work commencing. Konzeps reserves the right to invoice for Services in instalments, with payment being split into multiple payments, including without limitation, arrangements whereby 50% of the price is paid prior to any work commencing, and the remainder is invoiced upon completion.

Should Konzeps receive a chargeback or disputed payment, all services will be revoked until any disputed amounts have been repaid plus any fees incurred.

Service Provisioning or Delivery

All Services shall be provisioned, and all Software licenses shall be issued, immediately upon Konzeps receiving to its satisfaction confirmation of receipt of payment from the chosen gateway processor. Should your payment be identified as fraudulent or otherwise unlawful, irregular or contrary to these Terms of Service or any EULA, the relevant Service or Software license will be suspended and you will be liable to repay the relevant amount and any fees incurred (including for the avoidance of doubt, any relevant payment processing fees).

30 Day Money Back Guarantee

In the unlikely event that you are not completely satisfied with Our Software or certain specified Services, we are (subject to the terms of this clause) happy to provide you with a full refund of any payment received for such. To claim a refund under this money back guarantee you simply need to submit a cancellation request from our Client Services portal within 30 days of the original purchase date, stating why the Software or Service was not to your satisfaction and your payment will be refunded.

This Money Back Guarantee applies to new Software licenses and certain specified Services, however Services that have commenced, or are provided by third parties are not eligible for refund. To clarify, a new Software license is determined by both the licensed user information and the devices on which the Software is installed, meaning that if there is a record of the Software having been used in the past by either the same licensed user, or on the same device, then you will not be eligible for refund under our Money Back Guarantee. If we offer products and services that are provided by third parties, those products and/or services will be subject to the policies of the third party provider regardless of whether those products and/or services appear to be provided by us.

Cancellations & Refunds Policy

Subscription Software Licences may be cancelled at any time. No notice period is required, and cancellation shall be effective from the date the cancellation request is made or processed. Requests for cancellation should be submitted from our Client Services portal at cs.konzeps.com.

Any monies paid for Subscription Software Licence renewals prior to a cancellation request being submitted are non-refundable. The same applies to any Services; once a Service has been started, any fees paid in respect of that Service shall be non-refundable.

Konzeps reserves the right to cancel Services and access to any Service at any time. If a customer breaks the terms of the EULA or Terms of Service, a refund will not be available.

Outside the 30 Day Money Back Guarantee period, refunds are only issued for Software failure (where Our Software materially fails to perform in accordance with its specification). Refunds are not issued for device failure/issues, lack of features, lack of technical sophistication or if your device does not meet the Software Requirements. Refunds are determined on individual circumstances and only issued once our technical staff determine that the Software has a fault causing it to not run on your device. Refunds are not available after one month from the purchase date.

Software License Transfer Policy

Konzeps permits Lifetime Software Licenses to be re-sold or transferred once per license key (fees apply) pursuant to the terms of transfer set out in the EULA. Lifetime Software Licenses are not eligible for transfer until at least 3 months have passed from the date of purchase. Lifetime Software Licences not directly obtained from Konzeps are excluded from this policy and are not eligible for any re-sales or transfers. Subscription Software Licences cannot be re-sold or transferred under any circumstances.

Before any sale or transfer, please contact us to verify eligibility of your license key. Upon request of the transfer, we will issue an invoice for any license transfer fee. Once paid, we will request from you the name, email address and details of the new owner for the license to be transferred to. All transfers are final and cannot be reversed.

Intellectual Property Rights

Konzeps is the owner or the licensee of all intellectual property rights in Our Websites, and in the material published on Our Websites. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print one copy, and may download extracts, of any page(s) from Our Websites for your personal use and you may draw the attention of others within your social circle or organisation to content posted on our site. You must not modify the paper or digital copies of any materials you have printed or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on Our Websites must always be acknowledged.

You must not use any part of the content on Our Websites for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print, copy or download any part of Our Websites in breach of these terms of use, your right to use Our Websites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Trademarks

Our Websites and Our Software may contain references to many companies that we integrate with for payments and other related services. Any trademarks are the property of their respective owners.

No reliance on information

The content on Our Websites, and any analysis which may be performed by Our Software, is provided for information purposes only. It is not intended to amount to advice on which you should rely or act upon. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on Our Websites or any analysis which may be performed by Our Software.

Although we make reasonable efforts to update the information on Our Websites, we make no representations, warranties or guarantees, whether express or implied, that the content on Our Websites is accurate, complete or up-to-date.

Limitation of our liability

Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by South African law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to Our Websites or any content on them, whether express or implied.

We will not be liable to any user of Our Websites or Our Software for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, Our Websites or Our Software;
  • use of, or reliance on any content displayed on Our Websites; or
  • use of, or reliance on any analysis provided by Our Software.

Under no circumstances shall Konzeps be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings or profits;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are using our Websites as a consumer, please note that you are expressly prohibited from using Our Websites for any purpose other than commercial or business purposes.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Our Websites or to your downloading of any content on them, or on any website linked to them.

We assume no responsibility for the content of websites linked to from Our Websites. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Viruses

We do not guarantee that Our Websites will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access Our Websites. You should use your own virus protection software.

You must not misuse Our Websites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Websites, the server or servers on which Our Websites are stored or any server, computer or database connected to Our Websites. You must not attack Our Websites via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our Websites will cease immediately.

Linking to Our Websites

You may link to the home page of Our Websites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to Our Websites in any website that is not owned by you.

Our Websites must not be framed on any other site.

We reserve the right to withdraw linking permission without notice.

Applicable law

Please note that these Terms of Service, its subject matter and its formation, are governed by the law of the Republic of South Africa. You and we both agree that the courts of the Republic of South Africa will have exclusive jurisdiction.

Last Updated: October 2018

Powered by WHMCompleteSolution