Warthog Terms and Conditions

Elminster Trading cc will provide consulting services to the Client relating to the creation or modification of a website according to the Quotation. Subject to any lawful restraint imposed upon it by any other party (such as confidence), Elminster Trading cc will make available to the Client all knowledge, expertise and information in its possession in performing the Services. If the Client wishes Elminster Trading cc to perform any other services than those specified in the Quotation (including without limitation to provide additional functionality) or to provide further or other products then Elminster Trading cc shall be entitled to quote the Client separately for the provision of those services or products. If the client accepts that quotation then the provisions of this Agreement will apply to the provision of those additional services and products.
Unless otherwise agreed in writing by the parties, the term of this Agreement will commence on the date that the deposit is made.
Elminster Trading cc will use its best offices to create an effective website for its clients. However, it cannot be held responsible in any way for any consequences related to the website.
Elminster Trading cc accepts commissions on the understanding that there is a dynamic relationship with the client. Elminster Trading cc will create and publish the website. The client’s responsibility is to provide content for that website. Should the content not be forthcoming 60 days after the commencement of the website design, Elminster Trading cc reserves the right to add penalty charges to the remaining balance at its discretion or terminate the Agreement.
Should the client wish Elminster Trading to provide all or part of the content for the website, such service will form a separate agreement unless stipulated in the Quotation.
The intellectual property rights are reserved by Elminster Trading cc until final payment is made.
Elminster Trading cc reserves the right to disable and or remove any site for which payments are in arrears.
Cost estimates that have been given by Elminster Trading cc are estimates only. Actual time spent and Products supplied may be used as the basis for billing.
50% of the estimated cost of the services provided by Elminster Trading cc is required before work can proceed. This deposit is non-refundable.
The balance of costs must be paid in full before the website is published.
Elminster Trading cc will provide Services to the Client and will be entitled to charge the Client for such Services at the rates specified in the Schedule.
Elminster Trading cc shall be entitled to provide the Services remotely from its own premises and shall not be required to attend the Client’s premises unless expressly specified in the Schedule. If Elminster Trading cc is required to attend the Client’s premises for any reason pursuant to the Agreement the client will reimburse Elminster Trading cc for reasonable transport and accommodation expenses incurred by Elminster Trading cc in doing so.
The Client authorizes Elminster Trading cc to obtain access to the Client’s computing facilities. Elminster Trading cc will take every step to ensure the security of the passwords and information obtained.
All invoices rendered by Elminster Trading cc are payable within fourteen (14) days from date of invoice. The Client agrees to pay Elminster Trading cc in full within this time period.
If the Client fails to pay any invoice by due date for payment, then without prejudice to Elminster Trading cc’s rights under this Agreement, the Client shall also pay Elminster Trading cc interest on the outstanding balance at a rate of 2% per month. Elminster Trading cc reserves the right to disable any web site where payment has not been received by due date.
Elminster Trading cc will not disclose to any third party or use, other than for the purposes of this Agreement any knowledge or information imparted to or obtained by it in connections with the fulfilment of this Agreement which is of a secret or confidential nature.
Should content or instructions not be received within a 30 day period from the commencement of work, this agreement shall be terminated upon notice in writing by Elminster Trading cc and Elminster Trading cc will be entitled to claim costs to that date.
The Client acknowledges that Elminster Trading cc is providing services to the Client on a non-exclusive basis and that Elminster Trading cc may provide services of the same or similar nature as the Services to any other party.
This Agreement shall be terminated by either party by notice in writing should the other party take any corporate action or legal proceedings are started and not withdrawn within twenty one days for its winding up, dissolution or liquidation.
On termination of this Agreement, howsoever occurring, all moneys unpaid by the Client pursuant to this Agreement will immediately become due and payable. If such monies remain unpaid for a period of thirty days then (without prejudice to any other rights that Elminster Trading cc may have for breach of this Agreement or otherwise) Elminster Trading cc will be entitled to retake possession of the Products and to disable any software provided pursuant to this Agreement.
The Client’s obligations (including any obligations to indemnify) and Elminster Trading cc’s obligations under Confidentiality shall survive the termination of this Agreement for whatever reason.
General
Any notice required or contemplated by this Agreement shall be deemed to have been duly given if it is in writing, properly addressed and delivered personally or mailed by registered or certified mail, postage prepaid addressed, or by fax or electronic mail to the Client or Elminster Trading cc at the address set out in the Schedule or this Agreement or such other address nominated by a party in writing.
The Client may not assign any of the obligations under this Agreement without the prior written consent of Elminster Trading cc. However, Elminster Trading cc may arrange for subcontractors to perform any of Elminster Trading cc’s obligations under this agreement.
Elminster Trading cc will not be liable to the Client or to any third party for any non-performance or delay in the performance of its obligations under this Agreement, if events or conditions under its reasonable control cause the non-performance or delay and Elminster Trading cc gives the Client prompt notice thereof. In no event will this affect the Client’s obligation to make payments to Elminster Trading ccunder this Agreement except in respect of Services that are unable to be performed by Elminster Trading cc, until they can be performed.
A failure, relaxation or indulgence by either Party in exercising any right, power or privilege conferred on the Party by this Agreement shall not operate as a waiver of the power or right. A single or partial exercise of any right, power or privilege hereunder does not preclude the further exercise of the same right or the exercise of any other right hereunder. A waiver of a breach does not operate as a waiver of any other breach.
If any part of this Agreement is held by a court of competent jurisdiction to be invalid then:
Where the offending provision can be read down so as to give it a valid and enforceable operation of a partial nature, it must be read down to the extent necessary to achieve that result, and;
In any case, the offending provision must be severed from this Agreement the remainder of this Agreement shall continue in full force and effect unless supplanted by another agreement.

Schedule of Costs

Research for the purposes of adding content to the website
R250 per hour or part thereof
Hourly costs for attending meetings
R250 plus transport costs