We are SERIOUS on compliance and governance. We are even BIGGER on ethics. Please take the time to go through our legal section below or feel free to contact us on compliance@weram.co.za.
Privacy Policy
BY ACCESSING AND USING THIS WEBSITE AND/OR OUR SERVICES, THE USER IS PROVIDING HIS/HER EXPRESS AND VOLUNTARY CONSENT TO THE PROCESSING OF THEIR PERSONAL INFORMATION BY WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL (“THE COMPANY’) ON THE BASIS SET OUT IN THIS PRIVACY NOTICE. IF THE USER DOES NOT CONSENT, THE USER MUST IMMEDIATELY STOP ACCESSING AND/OR USING THIS WEBSITE AND OUR SERVICES.
Introduction
THE COMPANY collects, uses and, in some circumstances, shares the personal information of Users in and through this website and during the provision of services to you.
THE COMPANY respects the rights of Users whose personal information is collected and used by it, including their right to protection against the unlawful collection, retention, sharing and use of such personal information.
The purpose of this Privacy Policy is to provide Users with information about the information processing activities of THE COMPANY and the manner in which their rights are protected.
This Privacy Policy shall serve as a notification to Users about THE COMPANY’s processing activities which will remain valid for as long as one has an active account with or is using the services of THE COMPANY, including the browsing of this website. Users will not be notified separately on each occasion that THE COMPANY processes the same personal information in the same way over the period.
THE COMPANY may amend the provisions of this Privacy Policy to comply with any changes in the law, and/or pursuant to any changes to its information processing activities or privacy practices. Such amendments will be published on the website and will become operable from the date of such publication.
This privacy policy, and the interpretation and enforcement thereof, will be governed by the laws of the Republic of South Africa.
The provisions of this Privacy Policy is, as far as possible, be incorporated into any agreement between THE COMPANY and Users.
Definitions and Interpretation
In this Privacy Policy, the following words bear the following meanings:
‘’consent’’ means any voluntary, specific and informed expression of will in terms of which permission is given by or on behalf of a User for the processing of their personal information;
‘‘direct marketing’’ means to approach a data subject, either in person or by mail or electronic communication, for the direct or indirect purpose of promoting or offering to supply any goods or services to the data subject;
‘’information officer’’ means the Information Officer of THE COMPANY from time to time.
‘‘operator’’ means an outside third party who processes personal information for or on behalf of THE COMPANY in terms of a contract or mandate;
‘’PAIA’’ means the Promotion of Access to Information Act 2 of 2000;
‘’personal information’’ means any information linked to a User or information that can identify a User, including but not limited to:
information relating to a User’s gender, nationality, ethnic or social origin age, language;
a User’s e-mail address, physical address, telephone number, location information or online identifier;
a User’s financial information including banking details and invoice information;
a User’s personal opinions, views or preferences;
correspondence sent by a User which is of a private or confidential nature;
the User’s special personal information, including without limitation information about a User’s health; and
the User’s name if it appears with other personal information relating to that User, or if the disclosure of their name on its own would reveal further personal information about that User;
‘’POPIA’’ means the Protection of Personal Information Act of 2013, including any regulations or codes of conduct promulgated under it;
‘’process” or “processing’’ means, in relation to personal information, any operation or activity or any set of operations, whether or not by automatic means, including:
the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use of that information;
dissemination by means of transmission, distribution or making available in any other form; or
merging, linking, as well as restriction, degradation, erasure or destruction of that information;
“special personal information” means the religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health, sex life or any biometric information of a User; and may include criminal behaviour of a User to the extent such data relates to the alleged commission of the User of an offence or any proceedings in respect of any offence allegedly committed by a User or the disposal of such proceedings
“services” means the services provided to any User by THE COMPANY;
‘’User’’ means a visitor or user of this website or application, or any of the content or services associated with this website or application; and
‘’the website’’ means the website or application or any part thereof which is accessible from https://www.weram.co.za.
Any reference in this Privacy Policy to:
the singular includes the plural and the other way around;
any one gender includes the other genders, as the case may be;
an act, regulation or other law is to the version of that law in force at the effective date of this Policy and includes any amendment or re-enactment made to that law after the effective date of this Policy.
When calculating any number of days for the purposes of this Policy, the first day must be excluded and the last day of the relevant interval included, unless the last day is not a business day, then the last day will be the next succeeding business day.
The word "include" means "include without limitation". Use of the word ‘’include’’ or ‘’in particular’’ is for illustration or emphasis only and where followed by specific examples must not be interpreted as limiting the meaning of the general wording preceding it.
A requirement that any Policy, request, demand or other communication made in terms of this Privacy Policy must be in writing will be met if it is in the form of a data message as defined in the Electronic Communications and Transactions Act, No. 25 of 2002, and is accessible in a manner usable for subsequent reference, provided that this policy may not be amended as such.
Responsible Party
THE COMPANY will be the party who will be collecting and processing a User’s personal information and as such is designated as the ‘’responsible party’’ for the purposes of this Policy.
THE COMPANY‘s contact details are as follows:
Email: compliance@weram.co.za
Website address: https://www.weram.co.za
THE COMPANY may instruct third party operators from time to time to undertake certain processing activities relating to the User’s personal information.
What Personal Information is Collected
Such purposes may include the following:
Personal information - such as your name, date of birth, home language, address, account information and email address).
Your contact with us - such as a note or recording of a call you make to our call centre, an email you send to us or other records of any contact you have with us.
Account information - such as product type, dates of payment owed and received, top up information or any other information related to your account.
Financial information - such as bank account details for debit orders or invoicing and quotes.
The supply of personal information by the User to THE COMPANY is voluntary and not mandatory. However, if the User refuses to supply any personal information, certain consequences may naturally flow from such a refusal, such as preventing THE COMPANY from concluding or performing any contract with the User, or preventing THE COMPANY from complying with one or more of its obligations in law.
There are certain laws which require or authorise THE COMPANY to collect a User’s personal information, including RICA, FICA and directives issued under this Act.
Purpose/s for Collection and Processing of Personal Information
THE COMPANY shall only collect a User’s personal information for a specific, explicitly defined and lawful purpose relating to a function or activity of THE COMPANY‘s business.
Such purposes may include the following:
to enter into a contract with a User;
to perform any obligations under a contract with a User;
to comply with a legal obligation;
to protect a legitimate interest of a User (unless the User has specifically objected in writing to all or some of the processing activities on reasonable grounds);
to pursue its own legitimate interests or the legitimate interests of a third party who it is sharing the information with (unless the User has specifically objected in writing to all or some of the processing activities on reasonable grounds);
to process personal information for direct marketing purposes (only if the User has opted in to receiving any direct marketing material);
to customise and display content to the User in a way that THE COMPANY feels may interest the User or be most beneficial to them;
to send content including, but not limited to products, articles, listings and advertisement content to the User via email or other electronic media, where the User has consented to be contacted by THE COMPANY with such content;
to enable the User to voluntarily participate in interactive features;
to notify the User about changes to the website or services.
If THE COMPANY intends to process a User’s personal information for any other purpose not listed in clause 5.2 or which is otherwise not automatically permitted by law, it shall ensure that it obtains the User’s written consent to do so.
THE COMPANY will not sell a User’s personal information to any third party without the prior written consent of the User.
Collection Directly from User
THE COMPANY shall, as far as possible, collect personal information about a User directly from the User, except in the following circumstances:
where personal information is available in a public record;
where the User has given their written consent to THE COMPANY to collect their information from another source;
where it is more practicable to collect the information from another source;
where the collection of a User’s personal information from another source will not prejudice any of the User’s legitimate interests;
where the collection of personal information from another source is necessary to maintain THE COMPANY’s legitimate interests or those of any third party it intends sharing the information with;
where the collection of personal information directly from the User would prejudice the purpose for the collection;
where the collection of personal information directly from the User is not reasonably practicable in the circumstances.
If THE COMPANY collects personal information from a source other than the User, it shall record in writing the details of that source, including the full names and contact details of that source where applicable.
THE COMPANY may use Cookies on this website to:
through the use of an iOS or Android application;
through the use of the service via a computer or mobile browser;
when requesting further services or information from THE COMPANY;
when contacting THE COMPANY to report a problem with the website or the services or for any other reason;
when completing any forms on the website.
The User may visit the website without providing any personal information. However, the website’s servers may still collect technical information regarding the use of the website, which is aggregated for analytical purposes, technical maintenance and for improving the content offered on the website. Such information may include details of the User’s visit, information about the User’s computer, including IP (Internet Protocol) address, operating system and browser type, the User’s location, and usage information. An individual User will not be identified from or by this information and THE COMPANY is entitled to copy, distribute or otherwise use such information without limitation.
Cookies
“Cookies” are small text files transferred by a web server to a User’s hard drive and thereafter stored on their computer. The types of information a Cookie collects includes a User’s username, the date and time of their visits to the website, their browsing history and preferences.
THE COMPANY may use Cookies on this website to:
distinguish one User from another on the website;
remember the User’s last session when they return to the website;
estimate the website's audience size and usage patterns;
store information about the User’s preferences, which allows THE COMPANY to customise the website and content according to the Users individual preferences; and
speed up searches on the website.
The provisions of this clause are only applicable to Cookies used by THE COMPANY. In some instances, third-party service providers may use Cookies on the website. THE COMPANY cannot and does not control or access Cookies used by third party service providers and takes no responsibility therefor.
The User has the right and ability to either accept or decline the use of Cookies on their computer’s web browser, whether they are logged in as a member, or simply casually visiting the website. However, declining the use of Cookies may limit a User’s access to certain features on the website.
General Conditions for Processing Personal Information
THE COMPANY shall comply with all laws, contracts or regulations when it processes a User’s personal information.
THE COMPANY shall not act unreasonably when processing a User’s personal information. This means that it will collect and process a User’s personal information in a way that the User can reasonably expect and in a way that is fair.
THE COMPANY shall respect the User’s right to privacy at all times. If there is another way in which it can achieve the same goal without posing any risk of harm to the privacy rights of the User, then it will choose that option.
Similarly, if THE COMPANY needs to process personal information but there are less privacy-invasive methods of collecting, using and sharing that information, then it will use those methods.
THE COMPANY shall ensure that the personal information that is collected and processed is and remains relevant to the identified purpose/s for such processing, and that such information is and remains adequate, but not excessive, for achieving the identified purpose/s.
If there are any alternative ways to achieve the identified purpose/s without processing personal information, THE COMPANY shall not process that personal information.
THE COMPANY shall ensure that the processing activities it chooses to apply are proportionate to achieving the identified purpose/s and that no less privacy invasive measures are available to achieve the same purpose/s.
THE COMPANY shall ensure that, regardless of the stated purpose/s for processing personal information, the rights and interests of Users will not be unnecessarily prejudiced or infringed, unless it cannot be avoided, and then in such cases, it shall ensure that its own rights and/or interests justify such prejudice or infringement taking place.
THE COMPANY shall be entitled to store the personal information of Users indefinitely unless the User objects thereto. In the event a User objects to the indefinite storage, once THE COMPANY has achieved the purpose for the collection of the User’s personal information, it will destroy or delete such information, unless the User has directed otherwise in writing, or THE COMPANY is required by law to retain the information for a longer period of time.
If THE COMPANY no longer needs to process personal information to achieve the purpose originally specified, it will stop using that information.
Disclosure and Sharing of Personal Information
THE COMPANY may, in the course of providing any content or services on this website, or for the purposes of concluding or performing any other services or transaction with a User, share certain personal information with third party operators who perform certain processing activities on behalf of THE COMPANY.
The information shared and the categories of third party operators with whom it is shared will always be notified to you prior to being shared. Notwithstanding the aforegoing, you consent to us sharing your personal information with the following operators:
Partners or agents involved in delivering the products and services to the User.
Partners or agents that conduct network performance, client satisfaction surveys and any other surveys related to the products or services provided to the User.
Law enforcement agencies, regulatory organisations, courts or other public authorities if THE COMPANY have to, or are authorised to by law.
THE COMPANY will release information if it’s reasonable for the purpose of protecting it against fraud, defending its rights or property, or to protect the interests of it’s Users.
If THE COMPANY is reorganised or sold to another organisation, it may transfer any personal information it holds about the User to that organisation.
THE COMPANY may also share aggregated information about Users of this website and their usage patterns. Such aggregated information will be de-identified and the User’s personal information will not be disclosed.
Other than as stated in clause 9.1 and 9.3, THE COMPANY shall not share a User’s personal information with any third parties unless it has the User’s express consent to do so.
User's Rights in Relation to the Processing of their Personal Information
Users shall have the following rights in relation to the processing of their personal information:
to access and correct any personal information held by THE COMPANY about them;
to object to the processing of their information; and
to lodge a complaint with the Information Regulator (https://justice.gov.za/inforeg/).
Users may make a request in terms of clause 10.1.1 by following the process for making such a request as set out in THE COMPANY’s PAIA manual.
Further Processing
THE COMPANY shall not process a User’s personal information for any purpose not previously specified except in the following circumstances:
where the User has consented to such further processing;
where the further processing is necessary for the exercise of any contractual rights or the fulfilment of any obligations between THE COMPANY and the User;
where the further processing activities are linked to or compatible with the original purpose;
where the further processing is necessary for the prevention, detection, investigation, prosecution and punishment of an offence;
where the further processing is necessary to enforce any law;
where the further processing is necessary for the conduct of legal proceedings in any court or tribunal that have commenced or are reasonably contemplated;
where the further processing is necessary to prevent or mitigate a serious and imminent threat to the life or health of the User or another individual;
where the further processing is necessary for historical, statistical or research purposes.
THE COMPANY shall ensure that if it intends processing personal information for other purposes not previously specified, it shall notify the User of such further purposes and the possible consequences of the intended further processing for the User.
Accuracy, Correctness and Completeness of Personal Information
THE COMPANY shall take reasonably practicable steps to ensure that the personal information kept by it about Users is complete, accurate, not misleading and is updated when necessary.
However, if a User is aware of any personal information in THE COMPANY’s custody that is incorrect, inaccurate or which needs to be updated, the User must make a written request to THE COMPANY’s information officer at compliance@weram.co.za to update or correct the relevant information.
If a User has contested the accuracy of any personal information being used by THE COMPANY, it shall immediately stop using that information until its accuracy has been verified, if it is reasonably practicable to do so.
THE COMPANY reserves its right to only adhere to a request from a User in terms of clause 12.2 if the correction or updating of that information will result in the personal information being correct and accurate.
Security Safeguards
THE COMPANY is committed to protecting the personal information in its custody against any loss of, damage to or unauthorised destruction of that information, and to prevent any unauthorised parties from accessing that information.
THE COMPANY takes steps to continually identify and document any risks to the personal information it has in its possession or under its control and that appropriate security safeguards are in place against those risks.
THE COMPANY shall ensure that in any contracts entered into with third party operators who process personal information on THE COMPANY’ behalf, include the following obligations:
the operator shall not process any personal information without THE COMPANY’s knowledge and authority;
the operator shall treat all personal information given to it as confidential and shall not disclose it to any unauthorised third parties;
the operator shall establish and maintain adequate security measures which are the same or offer similar protection over the personal information as that employed by THE COMPANY;
the operator shall notify THE COMPANY immediately where there are reasonable grounds to believe that any personal information has been leaked to or accessed by any unauthorised person;
if the operator is situated in another country, it must comply with the data protection laws in that country and be able to provide verification that it is so compliant;
if an operator is legally obliged to disclose any personal information processed by them on THE COMPANY’ behalf to other parties, it must notify THE COMPANY beforehand to enable THE COMPANY and/or individual Users to protect their rights if necessary.
THE COMPANY shall ensure that all personal information on its systems is properly backed-up and that back-up copies are stored separately from the live files.
Notification of Breach of Security
If personal information about a User is inadvertently leaked or THE COMPANY’s security has been unlawfully breached by any unauthorised party, THE COMPANY shall immediately identify the relevant Users who may be affected by the security breach, and shall contact them at their last known email address or contact details or by the quickest means possible.
THE COMPANY shall provide sufficient information to the User to allow him or her to take the necessary protective measures against the potential consequences of the compromise, or shall advise Users of the steps to be taken by them and the possible consequences that may ensue from the breach for them.
Cross Border Transfers of Personal Information
The User consents that personal information (including special personal information) may be transferred transborder, even to countries without data protection laws similar to those of South Africa, for storage purposes, or if it is in THE COMPANY’s legitimate interests or those of a third party to do so.
Retention of Information
The User consents that THE COMPANY may keep record of his/her personal information for an indefinite period of time, unless User objects. In such case THE COMPANY will only keep such records if it is lawfully entitles or obliged to do so.
Returning, Destroying or Deleting Personal Information
Where THE COMPANY is no longer authorised to retain a record of any personal information, it shall either:
ensure that the information is permanently destroyed or deleted as soon as reasonably practicable; or
return the information to the User or transfer it to a third party, if requested by the User in writing to do so.
Consent
The User hereby consents to the processing of their personal information in terms of the provisions of this Privacy Policy.
The User acknowledges and agrees that such consent has been given voluntarily after the User has read and understood the provisions of this Privacy Policy, in particular, regarding the following:
the types of personal information to be processed, including specifically special personal information;
the specific processing activities to be undertaken;
the specific purpose/s for such processing; and
the possible consequences for the User that may arise from such processing.
Should a User wish to withdraw any consent previously given by the User, they must notify THE COMPANY’s information officer in writing.
Lodging an Objection
A User may, on reasonable grounds, object to the processing of their personal information at any time after that processing has started.
If a User wishes to object to the processing of their personal information, they should contact THE COMPANY’s information officer in writing and provide, reasons for doing so. Users may use the process and forms contained within THE COMPANY’s PAIA manual available on our website.
Choice of Law
This Privacy Policy shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
Amendment of this Privacy Policy
THE COMPANY reserves the right to change, update, add, remove and/or amend any of the provisions of this Privacy Policy from time to time. Such changes, updates, additions, removals or amendments will become effective from the date of their publication on this website.
It is the User's obligation to periodically check the provisions of this Privacy Policy for any such changes, updates, additions, removals or amendments.
The User's continued use of this website following any changes, updates, additions, removals or amendments to this Privacy Policy will be considered Policy of the User's acceptance to abide by and be bound by this Privacy Policy, as amended.
Acceptable Use Policy
This Policy forms part of the Agreement between the Client and WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL and is binding on Clients using WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL’s services. The AUP sets out in detail what forms of conduct WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL regards as unacceptable on the part of its Clients and the steps which WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL may take in response to unacceptable use of its services. Please take the time to acquaint yourself fully with the provisions of this Policy.
1. General
1.1 By contracting with WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL for services, the Client agrees, without limitation or qualification, to be bound by this Policy and the terms and conditions it contains, as well as any other additional terms, conditions, rules or policies which are displayed to the Client in connection with the Services.
1.2 The purpose of this AUP is to:
1.2.1 ensure compliance with the relevant laws of the Republic;
1.2.2 specify to Clients and users of WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL’s service what activities and online behaviour are considered an unacceptable use of the service;
1.2.3 protect the integrity of WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL’s network; and
1.2.4 specify the consequences that may flow from undertaking such prohibited activities.
1.3 This document contains a number of legal obligations which the Client will be presumed to be familiar with. As such, WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL encourages the Client to read this document thoroughly and direct any queries to compliance@weram.co.za.
1.4 WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL respects the rights of WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL’s Clients and users of WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL's services to freedom of speech and expression, access to information, privacy, human dignity, religion, belief and opinion.
2. Unacceptable Use
2.1 WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL's services may only be used for lawful purposes and activities. WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL prohibits any use of its Services including the transmission, storage and distribution of any material or content using WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL’s network that violates any law or regulation of the Republic. This includes, but is not limited to:
2.1.1 Any violation of local and international laws prohibiting child pornography, obscenity, discrimination (including racial, gender or religious slurs) and hate speech, or speech designed to incite violence or hatred, or threats to cause bodily harm.
2.1.2 Any activity designed to defame, abuse, stalk, harass or physically threaten any individual in the Republic or beyond its borders; including any attempt to link to, post, transmit or otherwise distribute any inappropriate or defamatory material.
2.1.3 Any violation of Intellectual Property laws including materials protected by local and international copyright, trademarks and trade secrets.
2.1.4 Any violation of another's right to privacy, including any effort to collect personal data of third parties without their consent.
2.1.5 Any fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; the impersonation of another client without their consent; or any attempt to enter into a transaction with WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL on behalf of another client without their consent.
2.1.6 Any violation of the exchange control laws of the Republic.
2.1.7 Any activity that results in the sale, transmission or distribution of pirated or illegal software.
3. Threats to Network Security
3.1 Any activity which threatens the functioning, security and/or integrity of WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL's network is unacceptable. This includes:
3.1.1 Any efforts to attempt to gain unlawful and unauthorised access to the network or circumvent any of the security measures established by WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL for this goal.
3.1.2 Any effort to use WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL's equipment to circumvent the user authentication or security of any host, network or account ("cracking" or "hacking").
3.1.3 Forging of any TCP/IP packet headers (spoofing) or any part of the headers of an email or a newsgroup posting.
3.1.4 Any effort to breach or attempt to breach the security of another user or attempt to gain access to any other person's computer, software, or data without the knowledge and consent of such person.
3.1.5 Any activity which threatens to disrupt the service offered by WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL through "denial of service attacks"; flooding of a network, or overloading a service or any unauthorised probes ("scanning" or "nuking") of others' networks.
3.1.6 Any activity which in any way threatens the security of the network by knowingly posting, transmitting, linking to or otherwise distributing any information or software which contains a virus, trojan horse, worm, malware, botnet or other harmful, destructive or disruptive component.
3.1.7 Any unauthorised monitoring of data or traffic on the network without WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL's explicit, written consent.
3.1.8 Running services and applications with known vulnerabilities and weaknesses, e.g. insufficient anti-automation attacks, any traffic amplification attacks, including recursive DNS attacks, SMTP relay attacks.
3.1.9 Failing to respond adequately to a denial of service attack (DOS / DDOS).
4. Spam and Unsolicited Bulk Mail
4.1 WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL regards all unsolicited bulk email (whether commercial in nature or not) as spam, with the following exceptions:
4.1.1 Mail sent by one party to another where there is already a prior relationship between the two parties and the subject matter of the message(s) concerns that relationship;
4.1.2 Mail sent by one party to another with the explicit consent of the receiving party.
4.1.3 Clients should only receive bulk mail that they have requested and/or consented to receive and/or which they would expect to receive as a result of an existing relationship.
4.2 WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL will take swift and firm action against any user engaging in any of the following unacceptable practices:
4.2.1 Sending unsolicited bulk mail for marketing or any other purposes (political, religious or commercial) to people who have not consented to receiving such mail.
4.2.2 Using any part of WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL’s infrastructure for the purpose of unsolicited bulk mail, whether sending, receiving, bouncing, or facilitating such mail.
4.2.3 Operating or maintaining mailing lists without the express permission of all recipients listed. In particular, WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL does not permit the sending of "opt-out" mail, where the recipient must opt out of receiving mail which they did not request. For all lists, the sender must maintain meaningful records of when and how each recipient requested mail. WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL will also monitor Clients deemed to be operating “cleaning lists”, which is using illegally obtained email addresses but removing addresses as complaints arise. Should WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL, at its discretion, believe that this is the case, it will be treated as SPAM.
4.2.4 Failing to promptly remove from lists invalid or undeliverable addresses or addresses of unwilling recipients or a recipient who has indicated s/he wishes to be removed from such list, or failing to provide the recipient with a facility to opt-out.
4.2.5 Using WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL's service to collect responses from unsolicited email sent from accounts on other Internet hosts or e-mail services that violate this AUP or the AUP of any other Internet service provider. Advertising any facility on WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL’s infrastructure in unsolicited bulk mail (e.g. a website advertised in spam).
4.2.6 Including WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL's name in the header or by listing an IP address that belongs to WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL in any unsolicited email whether sent through WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL's network or not.
4.2.7 Failure to secure a Client's mail server against public relay as a protection to themselves and the broader Internet community. Public relay occurs when a mail server is accessed by a third party from another domain and utilised to deliver mails, without the authority or consent of the owner of the mail-server. Mail servers that are unsecured against public relay often become abused by unscrupulous operators for spam delivery and upon detection such delivery must be disallowed. WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL reserves the right to examine users' mail servers to confirm that no mails are being sent from the mail server through public relay and the results of such checks can be made available to the user. WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL also reserves the right to examine the mail servers of any users using WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL's mail servers for "smarthosting" (when the user relays its mail via an WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL mail server to a mail server of its own or vice versa) or similar services at any time to ensure that the servers are properly secured against public relay. All relay checks will be done in strict accordance with WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL's Privacy Policy and the laws of South Africa.
5. Users Outside of South Africa
5.1 Where any user resides outside of the Republic, permanently or temporarily, such user will be subject to the laws of the country in which s/he is currently resident and which apply to the user. On presentation of a legal order to do so, or under obligation through an order for mutual foreign legal assistance, WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL will assist foreign law enforcement agencies (LEAs) in the investigation and prosecution of a crime committed using WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL's resources, including the provisioning of all personal identifiable data.
5. Hosting
5.1 WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL offers clients unlimited bandwidth (web traffic) usage on Shared Web Hosting platforms. However, this is subject to reasonable and responsible usage, as determined at WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL's discretion. Shared Hosting is designed for serving personal hosting requirements or that of small enterprises, and not medium to large enterprises. WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL reserves the right to move Clients deemed to have excessive bandwidth usage to a Cloud product, which will better suit their requirements. Clients will be given notice as such, and will be informed of any cost implications.
5.2 Disk Space on Shared Hosting may only be used for Website Content, Emails and related System Files. General data storage, archiving or file sharing of documents, files or media not directly related to the website content is strictly prohibited. Unauthorised storage or distribution of copyrighted materials is prohibited, via FTP hosts or any other means.
5.3 For Shared Hosting and Managed Dedicated Solutions, WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL will implement security updates, software patches and other updates or upgrades from time to time, to maintain the best performance, at their sole discretion. These upgrades include, but are not limited to, PHP, MySQL and CPanel release versions. WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL is under no obligation to effect such upgrades, or to rectify any impact such changes could potentially have to Hosting Clients.
5.4 WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL will not be liable or responsible for the backing up, restoration or loss of data under any circumstances. Clients are solely responsible for ensuring their data is regularly backed up and for restoring such backups in the event of data loss or corruption.
5.5 WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL prohibits Clients from doing the following on hosting platforms administered by WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL:
5.5.1 Running applications that are not production-ready. Any applications on the hosting platform must be optimised with respect to memory usage and must have appropriate data indexing.
5.5.2 Running applications with inadequate security controls.
5.5.3 Generating significant side-channel traffic from an application, whether by design or otherwise. Databases should be stored locally, and remote content should be cached.
5.5.4 Failure to maintain proper “housekeeping” on a shared server including storing or generating useless content, including comment spam, unused cache files, log file and database entries.
5.5.5 Storing malicious content, such as malware or links to malware.
5.5.6 Monopolising server resources, including CPU time, memory, network and disk bandwidth.
5.5.7 Maintaining long-running processes and long-running database queries.
5.5.8 Storing or running back-door shells, mass mailing scripts, proxy servers, web spiders, phishing content, or peer-to-peer software.
5.5.9 Sending bulk mail of any form, particularly mail that cannot be efficiently delivered due to volume or incorrect addresses.
5.5.10 Using poor passwords.
5.5.11 Sharing security credentials with untrusted parties.
5.5.12 Running Torrents for download or Seed Servers.
5.5.13 Running TOR (or other Online Anonymity Services).
5.5.14 Otherwise circumventing the Acceptable Use Policy or intended use of the product.
5.6 WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL strictly prohibits any crypto currency associated activities or mechanisms to be run on any part of our hosting network or servers within our hosting environment.
5. Protection of Minors
5.1WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL prohibits Clients from using WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL's service to harm or attempt to harm a minor, including, but not limited to, by hosting, possessing, disseminating, distributing or transmitting material that is unlawful, including child pornography and cyber bullying.
5.2 WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL prohibits Clients from using WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL’s service to host sexually explicit or pornographic material of any nature.
6. Privacy and Confidentiality
6.1 WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL respects the privacy and confidentiality of WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL’s Clients and users of WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL’s service. Please review WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL's Privacy Policy which details how WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL collects and uses personal information gathered in the course of operating its Services.
7. User Responsibilities
7.1 Clients are responsible for any misuse of WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL's services that occurs through the Client's account. It is the Client's responsibility to ensure that unauthorised persons do not gain access to or misuse WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL's service.
7.2 WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL urges Clients not to reply to unsolicited mail or "spam", not to click on any suggested links provided in the unsolicited mail. Doing so remains the sole responsibility of the Client and WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL cannot be held liable for the Client being placed on any bulk mailing lists as a result.
7.3 Where the Client has authorised a minor to use any of the WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL's services or access its websites, the Client accepts that as the parent/legal guardian of that minor, the Client is fully responsible for: the online conduct of such minor, controlling the minor's access to and use of any services or websites, and the consequences of any misuse by the minor.
8. Complaints Procedure
8.1 Complaints relating to the violation of this AUP should be submitted in writing to abuse@weram.co.za. Complaints must be substantiated, and unambiguously state the nature of the problem, and its connection to WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL’s network and services.
9. Action Following Breach of the AUP
9.1 Upon receipt of a complaint, or having become aware of an incident, WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL may, in its sole and reasonably-exercised discretion take any of the following steps:
9.1.1
In the case of Clients, warn the Client, suspend the Client account and/or revoke or cancel the Client’s Service access privileges completely;
9.1.2
In the case of an abuse emanating from a third party, inform the third party’s network administrator of the incident and request the network administrator or network owner to address the incident in terms of this AUP and/or the ISPA Code of Conduct (if applicable);
9.1.3
In severe cases suspend access of the third party’s entire network until abuse can be prevented by appropriate means;
9.1.4
In all cases, charge the offending parties for administrative costs as well as for machine and human time lost due to the incident;
9.1.5
Assist other networks or website administrators in investigating credible suspicions of any activity listed in this AUP;
9.1.6
Institute civil or criminal proceedings;
9.1.7
Share information concerning the incident with other Internet access providers, or publish the information, and/or make available the users' details to law enforcement agencies; and/or
9.1.8
suspend or terminate the Service as provided for in the Agreement.
9.2 This policy applies to and will be enforced for intended and unintended (e.g., viruses, worms, malicious code, or otherwise unknown causes) prohibited usage.
10. Reservation and Non Waiver of Rights
10.1 WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL reserves the right to amend or alter this policy at any time, and without notice to the Client.
10.2 WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL reserves the right to take action against any individuals, companies or organisations that violate the AUP, or engage in any illegal or unlawful activity while accessing WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL’s services, to the fullest extent of the law.
10.3 WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL reserves the right, at its sole discretion, to act against other types of abuse not listed in this document and to investigate or prevent illegal activities being committed over WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL’s network.
10.4 WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL does not waive its right to enforcement of this AUP at any time, or prejudice its right to take subsequent action, should WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL fail, neglect or elect not to enforce a breach of the AUP at any time.
Terms and conditions regarding use of Microsoft software
This page concerns your use of Microsoft software, which includes computer software provided to you by WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL (Pty) Ltd (hereinafter referred to as “WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL”) as described below, and may include associated media, printed materials, and “online” or electronic documentation (individually and collectively, “SOFTWARE PRODUCTS”). WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL does not own the SOFTWARE PRODUCTS and the use thereof is subject to certain rights and limitations of which WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL needs to inform you. Your right to use the SOFTWARE PRODUCTS is subject to your agreement with WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL, and to your understanding of, compliance with and consent to the following terms and conditions, which WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL does not have authority to vary, alter or amend.
1. Definitions
Client Software means software that allows a Device to access or utilize the services or functionality gived by the Server Software.
Device means each computer, workstation, terminal, handheld PC, pager, telephone, personal digital assistant, “smart phone,” or other electronic device.
Server Software means software that gives services or functionality on a computer acting as a Server.
Redistribution Software the software described in Paragraph 4 (“Use of Redistribution Software”) below
2. Ownership of Software Products
The SOFTWARE PRODUCTS are licensed to WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL from an affiliate of the Microsoft Corporation (“Microsoft”). All title and intellectual property rights in and to the SOFTWARE PRODUCTS (and the constituent elements thereof, including but not limited to any images, photographs, animations, video, audio, music, text and “applets” incorporated into the SOFTWARE PRODUCTS) are owned by Microsoft or its suppliers. The SOFTWARE PRODUCTS are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Your possession, access, or use of the SOFTWARE PRODUCTS does not transfer any ownership of the SOFTWARE PRODUCTS or any intellectual property rights to you.
3. Use of client software
You may use the Client Software installed on your Devices by WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL only in accordance with the instructions, and only in connection with the services, provided to you by WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL. The terms of this document permanently and irrevocably supersede the terms of any Microsoft End User License Agreement which may be presented in electronic form during your use of the Client Software.
4. Use of redistribution software
In connection with the services provided to you by WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL, you may have access to certain “sample,” “redistributable” and/or software development (“SDK”) software code and tools (individually and collectively “Redistribution Software”). You may not use, modify, copy, and/or distribute any redistribution software unless you expressly agree to with WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL, which must be provided to you by WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL. Microsoft does not permit you to use any Redistribution Software unless you expressly agree to and comply with such additional terms, as provided to you by WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL.
5. Copies
You may not make any copies of the SOFTWARE PRODUCTS; provided, however, that you may (a) make one (1) copy of Client Software on your Device as expressly authorized by WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL; and (b) you may make copies of certain Redistribution Software in accordance with Paragraph 4 (Use of Redistribution Software). You must erase or destroy all such Client Software and/or Redistribution Software upon termination or cancellation of your agreement with WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL, upon notice from WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL or upon transfer of your Device to another person or entity, whichever occurs first. You may not copy any printed materials accompanying the SOFTWARE PRODUCTS.
6. License Key
It is a violation to extract the license key from any software leased to you by WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL.
7. Limitations on reverse engineering, decompilation and disassembly
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCTS, except and only to the extent that applicable law, notwithstanding this limitation, expressly permits such activity.
8. No rental
You may not rent, lease, lend, pledge, or directly or indirectly transfer or distribute the SOFTWARE PRODUCTS to any third party, and you may not permit any third party to have access to and/or use the functionality of the SOFTWARE PRODUCTS except for the sole purpose of accessing the functionality of the Products.
9. Termination
Without prejudice to any other rights, WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL may terminate your rights to use the SOFTWARE PRODUCTS if you fail to comply with these terms and conditions. In the event of termination or cancellation, you must stop using and/or accessing the SOFTWARE PRODUCTS, and destroy all copies of the SOFTWARE PRODUCTS and all of its component parts.
10. No warranties, liabilities or remedies by Microsoft
Any warranties, liability for damages and remedies, if any, are provided solely by WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL and not by Microsoft or its affiliates or subsidiaries.
11. Product support
Any product support for the SOFTWARE PRODUCTS is provided to you by WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL and is not provided by Microsoft or its affiliates or subsidiaries.
12. Product support
The SOFTWARE PRODUCTS may contain technology that is not fault tolerant and is not designed, manufactured, or intended for use in environments or applications in which the failure of the SOFTWARE PRODUCTS could lead to death, personal injury, or severe physical, property or environmental damage.
13. Export restrictions
The SOFTWARE PRODUCTS are of U.S. origin for purposes of U.S. export control laws. You agree to comply with all applicable international and national laws that apply to the SOFTWARE PRODUCTS, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. For additional information, see : http://www.microsoft.com/exporting.
Microsoft licensing service provider usage rights
Product usage rights are specific to each version. For detailed usage rights for each Microsoft product.
Customers are required to use Windows licenses responsibly. When we become aware of an alleged violation of the Microsoft terms of use, we will initiate an investigation. During the investigation, we may restrict a customer’s access in order to prevent further potentially unauthorised activity.
Terms of Service - General
Introduction
These Terms of Service (together with the rest of our Agreement) govern our relationship with you.
They include:
the duration of our Agreement;
fees to be paid to WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL;
when WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL is authorised to monitor communications and content;
the appropriate and reasonable measures WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL takes to protect the security of your data and our systems;
when WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL is authorised to suspend or terminate your services; and
the process followed when resolving disputes.
Summary of our Agreement
Commencement: The Agreement will start when WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL provides you with a username and password.
Acceptance of electronic invoicing: By placing an order through our website, you agree to accept electronic invoices from WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL for the purpose of claiming input tax.
Changing of service: We may change the features or functionality of any Service over time.
Acceptable Use Policy: You must read and comply with the Acceptable Use Policy that relates to your use of our Services.
Restriction of access to services: If you breach our Agreement, WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL may restrict your access to the Services.
Intellectual property rights: You accept that you will get no rights to our intellectual property on our systems.
Your Content: You will retain all your intellectual property rights to any of your content you host with us.
Your Personal Data: WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL may keep your Personal Data and use it, for specified purposes. For example: to enable us to collect your debit order payment; as well as our internal marketing and contract administration, unless you specifically tell us that we may not do this. For details see our Privacy Policy.
WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL’s liability to you is limited. This means that we will not be liable to you for any damages or loss that you may suffer as a result of the fulfilment of the obligations under our Agreement.
Governing law: South African law governs our Agreement.
Addresses for service: We will use the address you give us as the address to serve legal notices and documents to you.
Specific Terms: Our Specific Terms go into more detail and address specific issues around our products and are an extension of our Terms of Service. The Specific Terms will apply if there is any conflict of meaning with these Terms of Service. Read the full text of Our Specific Terms
Terms of Service
(Last updated: June 2021)
1. Introduction
WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL is a leading South African web hosting service provider that provides a range of web hosting Services to its Customers. The Services are given subject to our Agreement.
2. Definitions
We have given the meanings of some words to be consistent. These words usually begin with a capital letter. Singular words include the plural (and vice versa):
Word Meaning
AFSA - The Arbitration Foundation of Southern Africa (or any replacement).
Agreement
These Terms of Service, the Specific Terms, the Acceptable Use Policy, and Privacy Policy.
Controller
The person or organisation who determines the purpose and means of processing data.
Customer
Is any person identified on the application form for Services or in any addendum;
Customer Data Any username, password or email address we give the Customer as part of the Services. This excludes Customer Domains we manage as part of the Services;
Data Protection Laws
All data protection and privacy laws and regulations applicable to the processing of Personal Data under our Agreement, including:
the Protection of Personal Information Act 2013 (POPIA) in South Africa (effective from 1 July 2021);
Regulation (EU) 2016/679 (‘General Data Protection Regulation’ or ’GDPR’);
while it remains in force, the Privacy and Electronic Communications Directive 2002/58/EC on Privacy and Electronic Communications (also known as the ePrivacy Directive or ePD);
any other applicable laws and regulations relating to the processing of Personal Data and privacy; and
if applicable, the guidance and codes of practice issued by any relevant data protection commissioner or supervisory authority.
Terms of Service
These general terms of service governing us providing Services to you
Personal Data
Any information about an identified or identifiable natural person (‘Data Subject’) which is processed in terms of any applicable Data Protection Law.
Process or processing
Any operation which is performed on Personal Data including collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Processor
A processor is a person or organisation who processes personal data on behalf of a Controller.
Specific Terms
The terms and conditions which supplement the Terms of Service and govern the use of individual Services.
Sub-processor
Any Processor we use to assist us in fulfilling our obligations in providing the Services.
3. Our Agreement
Our Agreement governs the contractual relationship between us.
Unless expressly provided to the contrary in our Agreement, if there is a conflict in meaning, the following precedence ranking will apply (from highest to lowest):
the Specific Terms;
these Terms of Service;
the Acceptable Use Policy;
the Privacy Policy;
other policies that may be introduced by us from time to time which we notify you of;
any documents incorporated by reference in our Agreement.
4. Amendment to our Agreement
WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL reserves the right to make changes to the Agreement at any time without notice. An updated version of the Agreement will be posted on the website.
It is your responsibility as a diligent user to check any amendment posted on the website.
If you object to any amendment, you may terminate your relationship with us under clause 14.
5. Customer Status
The Customer may be an incorporated entity (such as a company or close corporation), trust, partnership, or individual.
If a person enters into our Agreement:
in a representative capacity on behalf of a Customer who is an incorporated entity;
on behalf of an unincorporated entity; or
in any other representative capacity recognised in South African law, the person warrants that:- they are legally authorised to do so and indemnifies WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL against any loss or damage that we may sustain resulting from the person’s lack of authority; and- all the information supplied to WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL at any time relating to the entity, trust, partnership, association or other person who they represent is true, accurate, and complete.
We reserve the right to treat all misrepresentations by you or the person representing you as fraud. The person representing you indemnifies us against any loss or damage that we may sustain resulting from the person’s lack of authority.
If we discover that you have fraudulently contracted to receive Services or that your representative has contracted without contractual capacity to do so, we may end our Agreement or Services immediately without any further notice to you and you may not claim any restitution or refund of any amount you have already paid, regardless of whether you have used the Services or not.
When requested, you must give us sufficient proof of the authority of the person who takes any action or executes documents on your behalf for our Agreement. This includes providing proof that the authorised signatory of your bank account has permission to debit your account.
If there is a dispute between individuals or entities you are involved with (including partners, shareholders, trustees, employees), we may act on the representation of a person claiming to be duly authorised to represent you, without having to independently verify the authority.
You indemnify us from any action or inaction based on the representation in 5.6. If however we ask you to give WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL independent verification of the authority of any individual, you must provide it to us in a format we find reasonably acceptable.
6. Commencement and Duration
Your application is an offer by you to accept Services from WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL. The terms relating to the acceptance of the offer are as follows:- Although the website is configured to confirm receipt of any offer (“Confirmation”), technical or other problems may delay or prevent the Confirmation.
We will only have accepted your offer once you have received confirmation.
Although the website is configured to confirm receipt of any offer (“Confirmation”), technical or other problems may delay or prevent the Confirmation.
You must contact us if you do not receive Confirmation from us within a reasonable time period.
Confirmation will not mean that a transaction has been concluded. It merely confirms that we have received the application.
You can accept that we have sent confirmation to you as soon as this is reflected in our log files.
We will conclude the agreement in Johannesburg, Gauteng, South Africa.
7. Service fees
You must pay all service fees, as soon as they become due.
You must pay the service fees, according to the frequency of payment you select, as described on the website.
Where applicable, we will give you an invoice in electronic format. You agree that by submitting an application form to us when making application for Services, that the application is seen as your confirmation to accept electronic invoices.
If you pay your service fees by debit order, you authorise us to make the necessary transfers from your designated bank account at the beginning of the month as per your preferred frequency of payment for the duration of our Agreement. You must put the debit order in place within seven days of the Commencement Date. A rejected debit order will accrue a handling fee, per rejection.
We reserve the right to amend or vary the service fees and any amendment or variation of the service fees will be seen as an amendment of our Agreement. If we amend the service fees, WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL will give you at least 30 days prior notice. If you object to any amended service fees, you may terminate your relationship with us under clause 14.
You will not withhold any payment of any amount you owe us for any reason, (except for an actual breach by WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL of our Agreement). In addition, you may not demand any discount, refund (other than under clause 7.8), or reduction in respect of any service fees you owe us.
The service fee includes Value Added Tax. You agree to pay any increase in Value Added Tax.
You may terminate the Service within:
seven days after the Commencement Date if you decide not to continue subscribing to the Service; or
within 30 days after the Commencement Date if we fail to meet the service levels for hosting services and email services as specified in the Specific Terms, provided that you exercise your right to end the agreement by giving us notice by email to accounts@weram.co.za.
If you terminate the Service for one of the above reasons, WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL will refund you any service fees. However you are still liable for any third party costs incurred during this period e.g. domain registration costs (please refer to clause 5 of the Specific Terms).
8. Monitoring
We monitor our hosting facilities, but not your specific activities. Where we have to intercept communications in accordance with the Regulation of Interception and Provision of Communication-Related Act, 70 of 2003 (“the Monitoring Act”), we will do this according to the requirements of the Monitoring Act.
With specific regard to the monitoring of content that is found on a website that belongs to you and which is hosted by WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL, we have no knowledge of, nor interest in, Customer content hosted by us on your behalf using the Services and further we do not in any way contribute to or approve the content.
If however we determine that any content is in violation of any law (including the Films and Publications Act 65 of 1996) or of the Acceptable Use Policy, or if we receive a takedown notice from ISPA, as contemplated in section 77 of the Electronic Communications and Transactions Act 25 of 2002, we may
ask you to remove, amend, or modify the content;
terminate access to any Services or suspend or terminate any Services without notice;
delete the offending content without notice;
notify the relevant authorities of the existence of any content, make any back-up, archive, or other copies of any content; or
take any further steps as required or requested by any authorities without notice.
We may disclose any content, material, or data (including any of your data) if:
required by law;
lawfully asked to do so by any authorities, including the South African Police Services pursuant to a subpoena under section 205 of the Criminal Procedure Act 51 of 1977; or
according to a judicial, administrative or governmental order. We do not have to give you notice.
You will have no recourse against us if we act under this clause and you accordingly waive your right to make any claim or demand, or to institute any legal proceedings against us.
9. Security
All Customer Data allocated to you is personal to you and you will be liable for any loss or damage you or third parties have suffered because of your actions or the actions of a person to whom you have disclosed your Customer Data.
You authorise us to act on any instruction given by or purporting to originate from you even if it becomes clear that both parties have been defrauded by someone else, unless you have notified us under clause 9.4 before we acted on a fraudulent instruction.
If any security violations are reasonably believed to have occurred in connection with your account, we will investigate and, if necessary, change the relevant Customer Data, including access codes and passwords, and notify you immediately.
You must tell us immediately if any other person gains access to your Customer Data by following the procedures relating to reporting misuse abuse@weram.co.za and give us your full co-operation in any investigation we carry out.
You indemnify us (hold us harmless) against any claim arising from:
your disclosure of your Customer Data to a third person;
the use of the Customer Data by a third person; or
any resulting action by you or a third party.
We reserve the right to take any action we find necessary to preserve the security and reliable operation of our infrastructure. You may not do anything (or permit anything to be done) that will compromise our security.
We have systems in place to assist our critical technical infrastructure to recover from a natural or human induced disaster. However, we do not specify any recovery time and are not liable for any loss or damage you suffer as a result of a disaster. You must make backups of your data. Nothing contained in our Agreement will be seen as a representation that any back-ups of data we have implemented will be successful or in any way will assist with disaster recovery.
10. Warranties
We warrant that WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL has the facilities, infrastructure, capacity, and capability to provide the Services.
Despite this warranty, the Services are provided “as is” and “as available”. No warranty of any kind is given, whether express or implied, including warranties of merchantability, title, or non-infringement, except where such a warranty is specifically required by law.
11. Intellectual Property Rights
You must comply with all laws that apply to any intellectual property.
You must get our prior written approval before using any of our marks.
You grant us non-exclusive licence to use your marks so that we may exercise our rights or fulfil our obligations under our Agreement.
Other than as specifically provided for in our Agreement, we retain all Intellectual Property Rights employed in or otherwise related to our network infrastructure, business and the provision of any of the Services under our Agreement.
12. Customer Indemnities
You indemnify (hold us harmless) from any liability arising from civil or criminal proceedings instituted against us or for any loss or damage you or a third party have suffered because of any interruption or unavailability of the Services.
You indemnify us and hold us harmless against all losses you have suffered or actions against us as a result of:
the use of the Services, or any downtime, outage, degradation of the network, interruption in or unavailability of the Services. This includes software or hardware service, repairs, maintenance, upgrades, modification, alterations, replacement or relocation of premises affecting the Services,
non-performance or unavailability of any of the services given by an electronic communications network or service provider, including, line failure, or in any international services or remote mail Servers,
non-performance or unavailability of external communications networks to which you or our network infrastructure is connected, and
repairs, maintenance, upgrades, modifications, alterations or replacement of any hardware forming part of the Services, or any faults or defects in the hardware.
If we are sued for something that you have indemnified us for, you will take our place in the lawsuit or be liable to pay us back for any costs, damages and expenses including attorneys’ fees on the attorney and own client scale (you will be liable to pay our attorney’s fees finally awarded against us by a court or agreed to in a written settlement agreement, provided that:
we notify you in writing as soon as we become aware of the indemnified claim so you can take steps to contest it;
you may assume sole control of the defence of the claim or related settlement negotiations; and
we will give you, at your expense, with the assistance, information, and authority necessary to enable you to perform your obligations under this clause.
You must pay us any amount due under clause 12.3 as soon as we demand payment. If you contest the amount, you must pay the amount into your attorney’s trust or give us security to cover the amount, until we have resolved the dispute.
You indemnify us against any claim, loss or damage that WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL may suffer because of your actions.
13. Suspension of the Services
WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL may temporarily suspend its Service to repair, maintain, upgrade, modify, replace or improve any of its Services. Where circumstances permit, WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL will provide prior notice of any service suspension to Customers. However, WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL will not be held liable for any resulting loss or damage suffered as a result of the service suspension.
14. Termination
WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL may terminate any Services on five days written notice to you.
You may terminate any Services on 30 days written notice to WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL in one of these ways:
via the konsoleH control panel,
via email to accounts@weram.co.za from an authorised email address. We will confirm your request for termination via return email.
If you give WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL notice of termination in any manner other than as specified above you may find that the notice was invalidly given and will not have any effect.
Breach: If you breach our Agreement, we may, without prejudice to any other rights that WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL may have and without notice to you:
claim immediate payment of all outstanding charges due to us,
terminate or suspend your use of the Services, (which may include the deletion of your data)
terminate our relationship with you; or
list you with any credit bureau, Internet service provider list, or the South African Fraud Prevention Service.
By agreeing to our Terms of Service, you expressly consent to this.
In all instances, we may retain all Services Fees you have already paid and recover all of our costs associated, including legal costs on an attorney and own client scale (you will be liable to pay our attorneys fees) with your breach.
Return of hardware or software: Where you have in your possession any of WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL’s hardware or software as a result of using the Service and the related Service ends, you must immediately return the hardware or software to us.
15. Force Majeure
We will not be responsible for any breach of our Agreement caused by circumstances beyond our control, including fire, earthquake, flood, civil strike, compliance with government orders, failure of any supplier of electricity as well as no electronic communication service etc.
16. Resolving disputes
Any dispute concerning our Agreement (including interpretation and application) exists once a party notifies the other in writing, detailing the nature of the dispute and requesting that it be resolved as per this clause. The parties will first try to resolve the dispute informally by email, phone or other methods.
If informal dispute resolution negotiation fails, we may refer the dispute to conciliation (talks in which an agreed neutral third party tries to help the parties agree on how to end the dispute), failing which we may refer the dispute to arbitration (a hearing after which a neutral third party makes a binding decision about the dispute) (including any appeal against the arbitrator’s decision) under AFSA’s latest rules for expedited arbitrations and you must participate. You cannot make us arbitrate. The arbitration will be held in Gauteng and conducted in English. The parties will agree and appoint one arbitrator. If the parties cannot agree on the arbitrator within 10 business days after the referral, the Secretariat of AFSA will appoint the arbitrator.
Either party may only bring a claim against the other in their individual capacity and not as a member of any class.
17. Exclusion and Limitation of Liability
WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL will not be responsible for any indirect, incidental, special, or consequential damages or losses arising from our Agreement. This includes loss of profits, revenue, anticipated savings, business transactions, goodwill or other contracts. It is irrelevant if this is due to negligence (carelessness) or breach of contract.
Our total liability to you is for direct damages up to a maximum amount of:
three months of your base hosting fee; or
R2,500; whichever is less.
Our liability for direct damages under clause 17.2 will be excluded where we are held liable because of your use of any third party services or products which you accessed together with the Services, but which we did not provide to you.
This clause will apply even if you advised WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL of the possibility of loss of damage prior to its occurrence.
18. Notices
You must send all notices to WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL, whether for court process, notices or other documents or communications, at 728 Dame Street, Hamburg, Gauteng, South Africa.
We may give all notices to you by email to the email address you provided to us on the application form when you first subscribed for the Services.
Any notice or communication required or permitted to be given under our Agreement will be valid and effective only if in writing.
All notices you sent to us which are:
sent by prepaid registered post will be deemed to have been received 14 days after date of postage,
delivered by hand and delivered during ordinary business hours at the physical address will be deemed to have been received on the day of delivery.
19. Data Processing
Roles of the parties under Data Protection Law
Depending on the particular activity, we act as both a Processor and a Controller.
We act as the Controller of your Personal Data when you sign-up to use our Services. We collect and store your Personal Data for specific purposes including improving our service offering and increasing service efficiency. Please refer to our Privacy Policy for more information.
We act as the Processor and you are the Controller of the Personal Data that we process on your behalf when we provide Services to you in terms of the Agreement. You are solely responsible for determining the purpose for which, and the manner in which Personal Data is processed. Please refer to our Data Processing Agreement for more information.
20. General
Entire agreement: The Agreement constitutes the entire agreement between the parties.
No Variation: No changes to our Agreement made by you are effective unless in writing and signed by the authorised signatories of both parties.
Waiver (giving up rights): Any favour we may allow you will not affect (or substitute) any of our rights against you.
Severability: If any term is void (invalid), unenforceable, or illegal, the term may be severed (removed) from and will not affect the rest of our Agreement if it does not change its purpose.
Applicable Law: South African law governs our Agreement.
Survival: Despite termination of our Agreement, any clause, which, from the context, contemplates on-going rights and obligations of the parties, will survive the termination and continue to be of full force and effect.
Data Processing Agreement
This Data Processing Agreement (the “DPA”) forms part of WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL’s Terms of Service (the “Principal Agreement”), and is incorporated into the Principal Agreement by reference. WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL reserves the right to make changes to the respective Agreements at any time without notice. Any updated versions of the aforesaid Agreements will be posted on our website.
1. Introduction
This DPA applies when you sign up for our services, and WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL acts as the Processor of your Personal Data. When we provide these services to you, you are the Controller of the Personal Data that we Process because you decide why and how we Process that Personal Data.
2. Definitions and Interpretations
2.1. The defined terms in this DPA supplement the terms of the Principal Agreement. Terms not defined herein will have the meaning as set forth in the Principal Agreement. If there is a conflict between any of the Principal Agreement’s provisions and this DPA’s provisions, the provisions of the DPA will prevail.
“Controller” means the person who decides why and how personal data will be processed. This would be you, our Customer.
“Data Protection Law” means any and all data protection laws and regulations that apply to WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL’s Processing of Personal Data under the DPA including, the GDPR, the Protection of Personal Information Act 4 of 2013, ePrivacy laws and, to the extent applicable, the data protection or privacy laws of any other country;
“Data Subject” means the person whose data is processed, which are your customers or site visitors.
“GDPR” means the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
“Personal Data” means any data or information that relates to an individual who can be directly or indirectly identified. For example, names and email addresses are personal data. Location information, ethnicity, gender, biometric data, religious beliefs, web cookies, and political opinions can also be personal data.
“Personal Data Breach” any unauthorized or otherwise unlawful personal data processing.
“Process I Processing” means any action performed on data, whether automated or manual. This would include collecting, recording, organizing, structuring, storing, using, or erasing. Thus, basically doing anything with data.
“Processor” means WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL, a third party that processes personal data on behalf of a data controller.
“Standard Contractual Clauses” means the standard contractual clauses annexed to the EU Clauses/SCCs” Commission Decision 2010/87/EU of 5 February 2010 for the transfer of personal data to processors established in third countries.
“Subprocessor” means any person appointed by or on behalf of the Processor to process Personal Data on behalf of WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL in connection with the Agreement.
3. Agreement Subject Matter
3.1. Application. The DPA applies when WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL Processes your Personal Data subject to the applicable Data Protection Law.
3.2. Acceptance. By using our products and services you are deemed to have read, understood, accepted, and agreed to be bound by all of the terms of the respective Agreements.
3.3. Duration. WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL will Process Personal Data until the Principal Agreement expires or terminates, unless otherwise agreed in writing, subject to clause 4.1.5 below.
3.4. Limitations. DPA does not apply where WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL Processes data on either Controller or Data Subject’s behalf in terms of any activity not set out in the Principal Agreement.
3.5. Details of Processing. The following details related to the Processing is described in the Principal Agreement and our Privacy Policy, which are incorporated into this DPA by reference:
3.5.1. the Processing’s subject-matter;
3.5.2. the Processing’s nature;
3.5.3. the Processing’s purpose;
3.5.4. the Personal data type;
3.5.5. the Data Subject categories; and
3.5.6. the Controller’s rights.
4. Data Processing and Protection
4.1. Processor’s Obligations
4.1.1. Processing of Data
WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL will comply with the applicable Data Protection Law when Processing Personal Data and will only Process Personal Data on Controller’s documented instructions.
Controller instructs WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL to Process Personal Data to provide the Services and related technical support in terms of the Principal Agreement.
4.1.2. Data Transfer
WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL may only transfer Personal Data to a third country or international organisation on Controller’s documented instructions, unless required to do so by applicable law.
WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL must advise Controller about the legal requirement before Processing the Personal Data, unless the law prohibits them from doing so in the public interest. The Parties agree that the DPA and Principal Agreement constitute Controller’s documented instructions for Processing Personal Data.
4.1.3. Processors Personnel
WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL will take reasonable steps to ensure that persons authorised by WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL to Process any Personal Data are subject to appropriate confidentiality obligations.
WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL imposes appropriate contractual obligations upon its personnel, including relevant obligations regarding confidentiality, data protection and data security. For more information, please see our Privacy Policy.
4.1.4. Security Measures
Data Security
WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL will implement appropriate technical and organisational security measures to ensure a level of security appropriate to the risk, including, the measures referred to in Data Protection Law, and the measures referred to in WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL’s Security Statement.In assessing the appropriate level of security, WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL will pay special attention to accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to personal data transmitted, stored or otherwise processed.
Audits
WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL will cooperate and provide reasonable assistance for audits (including inspections) by Controller or another auditor that they mandate. Controller must provide WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL with at least 30 (thirty) business days prior written notice of Controller’s intention to audit.
Access to information
Where necessary, WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL will give Controller reasonable access to audit the relevant records that are necessary to demonstrate our compliance with our data protection obligations.
Personal Data Breach
WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL will notify Controller without undue delay after becoming aware of a Personal Data Breach.
Assistance to Controller
Any Personal Data Breach notification WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL makes to assist Controller will include information WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL is reasonably able to disclose, taking into account:
the technical and organisational measures Controller requires to fulfil its obligation to respond to requests by Data Subjects, and
the nature of Processing, the information available to WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL, and any restrictions on disclosing the information, such as confidentiality.
4.1.5. Return or Deletion of Personal Data
Any time upon notification by Controller, WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL will, and will cause its Subprocessors to securely delete all Personal Data (including all copies) to the extent permitted by applicable law.
WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL agrees to preserve the confidentiality of any Personal Data retained by us in accordance with applicable law. Any active Processing of such Personal Data after the Data Processing services are terminated will be limited to the extent necessary to comply with applicable law. WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL will ensure that the post-termination obligations in this section are also required of Subprocessors.
4.1.6. Subprocessing
RestrictionWERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL will not appoint or assign any of its obligations to any Subprocessor without Controller’s prior specific authorisation or general written authorisation (provided that WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL informs Controller of any intended changes to Subprocessors and gives Controller an opportunity to object to such changes).
4.1.7. Authorised Subprocessors
Controller authorises WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL to engage the following categories of Subprocessors that are mostly located in the European Union, for the Data Processing activities related to the services described in the Principal Agreement and our Privacy Policy:
Registrars for domain names,
CRM for emails and calls,
Hosting, I.T services or any other services necessary to provide services to you.
4.1.8. Specific obligations
WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL will ensure that its Subprocessors are bound by data protection obligations compatible with our obligations as a Processor under this DPA.
4.2. Controller’s Obligations
4.2.1. Warranties. Controller warrants that it has all necessary rights to provide the Personal Data to WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL.
4.2.2. Responsibilities. Controller must make sure that certain designated personnel within their organisation:
provide all necessary privacy notices to data subjects;
obtain any necessary Data Subject consent to the Processing;
maintain a record of such consent; and
Communicate to Processor that a Data Subject has revoked consent, where a Data Subject does so;
to the extent that applicable Data Protection Law requires.
5. Processing of Personal Data outside of the European Economic Area (the “EEA”)
5.1. Standard Contractual Clauses
5.1.1. When does it apply?
The Standard Contract Clauses apply to any Processing where the parties:
directly (or via onward transfer) transfer Personal Data outside of the EEA or otherwise to an undesignated territory; or
Processes Personal Data originating in the EEA outside of it or in an undesignated territory (a territory that has not been designated by the European Commission to ensure adequate levels of protection for Personal Data).
5.1.2. When does it not apply?
Personal Data that the Parties otherwise transfer or Process; or
Where Parties have adopted binding corporate rules or a similar mechanism or alternate recognised compliance standard for the lawful transfer of personal data outside the EEA.
5.1.3. Adequate protection
The Parties will assess whether the following requirements are met:
the level of protection of the third country meets the level required by the applicable Data Protection Law, and
the laws of the third country enable the Processor to comply with the SCCs.
Supplementary measures may be taken to ensure a level of protection equivalent to the protection provided under the applicable data protection law, if the requirements in this clause are not met. The Parties will implement the guidance from the relevant supervisory authority to determine the supplementary measures they must put in place.
6. General Terms
6.1. Confidentiality
WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL will keep all Personal Data confidential, and will not disclose it to any third party except as is required by law.
6.2. Notices
All notices and communications given under this Agreement must be in writing and will be sent via email. Controller will be notified via email sent to the address related to its use of the Services under the Principal Agreement. WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL will be notified via email, sent to the address: compliance@weram.co.za.
6.3. Liability and indemnity
Each Party indemnifies the other and holds them harmless against all claims, actions, third party claims, losses, damages and expenses that the other party incurs arising out of a breach of this DPA or Applicable Data Protection law by the indemnifying party, provided that:
6.3.1. each Party provides the other with a notice of the claim promptly after receiving it;
6.3.2. the indemnified Party gives the indemnifying Party the right to control the defence;
6.3.3. the indemnified Party will provide the indemnifying Party with reasonable assistance as necessary; and
6.3.4. the indemnified Party will avoid admission of liability.
Hardware Repair Policy
Diagnostic Fee / Labour Rates : WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL charges a minimum diagnostic fee for all computers left for repair and/or diagnostics, please get a pricing for this from sales@weram.co.za. This fee is applied to labour if applicable and will exclude any hardware or software needed for completed repair. We do not and cannot guarantee we can fix any computer, Tablet, iPad or mobile phone at any time, but our professionals are capable of repairing most problems, regardless how complicated. We specialize in desktop, laptop, smart phone, power jack repair, and screen repairs. We also upgrade memory, replace motherboards and install hard drives etc. on all types of computers. Our services also include complete Windows/MacOS system installation and setup.
Limited Warranty: All Labour provided by WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL is warrantied for 30 days from time of computer retrieval after repair. Any attempt to repair or service any computer not authorized by the Management of WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL will void any and all warranties. All parts used for repairs have a full 30 day warranty unless otherwise specified.
DESIGN POLICIES AND PROCEDURES
CURRENCY
All prices listed on our website are in South African Rands.
DEPOSITS AND PAYMENT
We usually require full payment upfront for our creative work which is non-refundable since we render the service in a time based commodity however, in certain instances where the project exceeds R100 000 in value or total quoted price, a deposit will be offered of 70% of the total quoted amount payable before commencement of the work and will be non-refundable. Before the final work is delivered or completed, the balance of this agreed amount will be due. A deposit invoice is emailed to you at the start of the project.
PAYMENT METHODS ACCEPTED
We only offer official bank EFT (Electronic Funds Transfer) as well as online payments hosted through our payment gateway via Payfast. NO cash, No bank debit or credit cards, NO credit facility and NO cheques are accepted methods of payment. All payment proofs are to be emailed to accounts@weram.co.za using your invoice or quote number (EQSA) as proof of payment.
CANCELLATIONS
You can make cancellations at any time before a project is started and if work has not commenced. Should you cancel a project and no work has commenced, under special agreement and acknowledgement with management from WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL, an agreed time as set out for refund will be provided by management. Please keep in mind that we regard a commencement of project from payment made, all payments made consider the start of a billed project thus, all payments or/and deposits are considered non-refundable.
REVISIONS
Each project has on average 3 (three) reviews or modifications with quoted prices unless otherwise specifically agreed to by management. Additional revisions can be made for an hourly rate and will be quoted based on the project.
ABANDONED PROJECTS
Each project has a timeline and an estimated start and completion date. Please respect our timeline and respond in a timely fashion with any revision requests once project has commenced. A project will be considered abandoned if we have not heard from you in 30 days. You will not have any rights to use any of the work that was presented to you, unless the project has been paid in full. If we have not heard from you and you contact us after the 30 day abandonment, a start up fee may apply.
PORTFOLIO AND WEBSITE CREDIT
We reserve the right to add completed projects to our portfolio. If there is a privacy issue involved, please inform us on email: compliance@weram.co.za.
COPYRIGHT FOR ARTWORK
Graphic designs and any customizations or concepts or modifications that are not chosen and paid for will be a violation of our graphic design rights if they are used elsewhere.
CONTRACT WITH WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL
By entering into a project with WERAM GRAPHIC AND WEBSITE DESIGNS CC T/A THE WERAM GROUP INTERNATIONAL, you are consenting to be bound by the terms of these policies and procedures. Please note that our policies and procedures can be changed or updated at any time without prior notice to you.
In 2000 the Promotion of Access to Information Act (PAIA) was passed, to give effect to the constitutional right of access to information held by the State; and any information that is held by another person and that is required for the exercise or protection of any rights; and to provide with matters connected therewith”
Our PAIA Manual is downloadable from this very website page or
one could also find the link here below...
Download Link: https://www.weram.co.za/paia.pdf
Request for access for data consent record with us below:
Download Link: https://www.weram.co.za/datasub.pdf
#weram #weramgroup
Corporate Office :
1st Floor, Block C,
Eagle Canyon Office Park,
Cnr Dolfyn and
Christiaan De Wet Str,
Randparkridge, Gauteng
2170, South Africa
Talk to us (Call Desk)
Call Desk:
+2787 351 6984
Office Signal Chat:
+27 68 212 6390
Email: info@weram.co.za
Sales Assistance:
sales@weram.co.za
Careers: careers@weram.co.za
Technical Support: helpme@weram.co.za
Accounts & Finance:
accounts@weram.co.za
The Human Touch:
Let's share your strategic vision for your business and illustrate how it can marry our technical and creative skill sets to engage and bring it to life!
It's about time that we share a cup of coffee with you, come on over!
