Terms & Conditions

Optimus01 Online Terms & Conditions of Sale

Below you will find our Terms and Conditions which govern all sales at Optimus01, if you would like to learn more about what we offer at Optimus01 simply contact us

DEFINITIONS

  1. “Client” means a company or individual that completes a Registration Form or enters into a contractual arrangement with Optimus01.
  2. “Optimus01” means Optimus01 Online (Pty) Ltd.
  3. “Invoice” means an invoice for the charges of services delivered by Optimus01.
  4. “Services” means all projects and/or training as requested by the Client that falls in-line with the general service offering of Optimus01as detailed under the section “Services” below.

INTRODUCTION

  1. All services carried out by Optimus01 are governed by these terms and conditions of sale and the onus rests on the Client to ensure that the terms and conditions of sale have been read prior to commencing a service with Optimus01.
  2. Should the client proceed with Optimus01 for any project then it will be deemed that the client agrees to be bound by all of the terms and conditions of sale mentioned in this document and a legally binding contract between Optimus01 and the Client shall be formed.
  3. Optimus01 cannot and will not be held liable for incorrect information supplied by the Client in terms of their requirements.

SERVICES

Optimus01 supplies the following services, including but not limited to:

  1. Online Marketing
  2. Search Engine Optimization (SEO)
  3. Pay Per Click (PPC)
  4. Google AdWords Management
  5. Google Company Profile Setup
  6. Facebook Ads Management
  7. Facebook Company Profile Setup
  8. Websites
  9. Website Audits
  10. Search Engine Optimization (SEO) Training
  11. Pay Per Click (PPC) Training
  12. Affiliate Marketing Training
  13. Design

OBLIGATIONS OF PARTIES

  1. Optimus01 undertakes to provide to the Client requested services based on the service offering to the best of its ability in accordance with general online criteria as is stipulated by the industry from time to time.

CLIENT INFORMATION

  1. The Client undertakes to supply Optimus01 with information as it may request from time to time which will be referred to as the “Client Information.”
  2. Should the Client delay in submitting requested information to Optimus01 then the service given by Optimus01 will in turn be delayed.

FEES AND REFUNDS GOVERNING ALL SERVICES PROVIDED FOR BY OPTIMUS01

  1. The Client agrees to pay all fees as invoiced by Optimus01 in relation to the services requested by the Client.
  2. Unless otherwise stated and specifically agreed upon by both parties, in writing, all fees are due and payable upon presentation of invoice.
  3. All invoices are due and payable without set off or deduction.
  4. No service will commence unless the initial required payment has been made by the Client and proof of payment has been received by Optimus01.
  5. All amounts paid to Optimus01 by the Client are non-refundable unless the service was cancelled prior to work already being carried out i.e. within 48 hours of receipt of proof of payment.
  6. No refunds shall be given to the Client, under any circumstances, for whatsoever reason, once the service has commenced, i.e. after 48 hours of receipt of proof of payment has been received, due to time and work already spent on the service.
  7. Non-payment of the fee will entitle Optimus01 to immediately terminate the service, until such time as all amounts due to Optimus01 have been paid in full.
  8. VAT is not applicable.
  9. Interest will be charged on overdue accounts at the prime lending rate.
  10. Should the Client fail to pay the fee within 7 (seven) days of receipt of a written notice from Optimus01 requesting the Client to do so, Optimus01 will incur the services of a debtors collection agent to acquire the outstanding monies owed to Optimus01 by the Client and any costs incurred by Optimus01 arising out of the breach by the Client shall be borne by the Client.
  11. All contract services run for a minimum of a 4 month contract period.
  12. All contract services are billed monthly in advance and the client may elect that payment is made either via debit order or via EFT
  13. Debit Orders run on the 25th of each month.
  14. An administration fee of R200.00 will be charged on all failed debit orders.
  15. In order to terminate a contract service Optimus01 simply requires a 1 month notice period, in writing, after the initial 4 month contract period has passed.
  16. Should the Client cancel a contract service after the initial 4 month contract period has ended, all payments leading up to the 1 month notice period are to be honoured by the Client.
  17. Should the Client terminate a contract service prior to the termination date, due to any reason, other than Optimus01 being in breach, then the remaining contract value becomes immediately due and payable.
  18. Optimus01 may terminate the Agreement at any time without further notice if:
    1. The Client has failed to pay the outstanding amount within a period of 7 (seven) days of a written notice to do so.

AMENDMENTS

  1. These standard terms and conditions of sale may be amended by Optimus01.
  2. The Client may terminate the Agreement on 7 (seven) days written notice, without any penalty, if Optimus01 makes a material amendment to these standard terms and conditions of sale that is to the detriment of the Client.
  3. Any amendment to these standard terms and conditions of sale will become binding on the Client on the 1st day of the month following the month during which the relevant amendment was published on the website of Optimus01 provided that no relevant, material objection was made by the Client during the period leading up to the date on which the amendment was effected.

WARRANTY AND REPRESENTATION

  1. In the event that the Client is a Corporate Body, Company, Close Corporation or Trust the submission of the order online, telephonically, in person and/or via email hereby warrants and represents that he has been duly authorized to act on behalf of the Client and to contract with Optimus01 on behalf of the Client.

LIABILITY AND INDEMNITY

  1. The Client holds Optimus01 harmless against any claim and any damages suffered by the Client arising from or in connection with the service given by Optimus01.
  2. The Client shall not have any claim against Optimus01 for any losses, damages, costs or expenses resulting from the provision or failure to provide services.

BREACH

  1. If the Client breaches in any way any provision of this Agreement and remains in breach for a period of 7 (seven) days after receipt of a notice from Optimus01 calling upon it to rectify the breach, Optimus01 shall be entitled, without prejudice, to any other rights it may have in law, to cancel this Agreement and no refunds shall be given under any circumstance.
  2. If Optimus01 breaches in any material way any material provision of this Agreement, and remains in breach for a period of 7 (seven) days after receipt of a notice from the Client calling upon it to rectify the breach, the Client shall be entitled, without prejudice, to any other rights it may have in law, to cancel this Agreement.

MISCELLANEOUS LEGAL PROVISIONS

  1. Neither Optimus01 nor its employees or agents shall under any circumstances, including negligence of any degree on their part and including a breach by Optimus01 of its obligations in terms of this Agreement, be liable to the Client or any other person for any indirect or consequential loss, including but not limited to loss of profits.
  2. The aggregate liability of Optimus01 under this Agreement or any other Agreement between the parties shall not exceed R5 000.00.
  3. This Agreement contains all of the express provisions agreed upon by the parties with regard to the subject matter thereof and the parties waive the right to rely on any alleged express provisions not contained herein.
  4. No Client may cede any of its rights or delegate or assign any of its obligations in terms of this Agreement without the prior written consent of Optimus01 which will not be unreasonably withheld.
  5. Headings or clauses are inserted for the purposes of convenience only and shall be ignored in the interpretation of this Agreement.
  6. These standard terms and conditions of sale and the Agreement between Optimus01 and the Client shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.

TRAINING

  1. All training given by Optimus01(PTY) Ltd is in relation to industry standards and industry knowledge at the time of training.
  2. Training booking forms and proof of payment must be received within 48 hours of the selected training date, which can be emailed to training@optimus01.co.za
  3. Proof of Payment of the training fee is required to confirm a booking which can be sent to training@optimus01.co.za
  4. The quotation or invoice document will contain Optimus01’s banking details.
  5. A purchase order must be considered a commitment by the Client to purchase a place(s) on a particular training session(s) at a particular time as quoted or invoiced by Optimus01, and therefore any cancellation or postponement of such place(s) on a training session(s) will be subject to the relevant penalties and the purchase order remains valid and due for payment.
  6. Notification of cancellation of a training booking must be received in writing by email to training@optimus01.co.za 48 hours prior to commencement of training. No refunds shall be given, however the Client may book another training date for a later date.
  7. Clients who fail to arrive on the day of the training, will be liable for the full training fee.
  8. A Client may send an alternative in their stead, as long as the alternative is a suitable training candidate who fulfils all of the course prerequisites.
  9. Optimus01 reserves the right to reschedule or cancel a training session that fails to attract sufficient Clients. The Client will be advised at least 48 hours prior to training commencement via email of such postponement or cancellation.
  10. Optimus01 furthermore reserves the right to change the venue of any training at its discretion. The Client will be advised at least 48 hours prior to training commencement via email.
  11. A Certificate of Attendance will be issue to all Clients who complete a training session. Incomplete attendance will result in the forfeiture of the attendance certificate.
  12. Clients need to consider traffic congestion on main roads and routes to ensure that they arrive on time at the training session.
  13. Should Clients need help locating accommodation nearby, Optimus01 will be happy to assist with a list of reputable guest houses in the vicinity, please email training@optimus01.co.za in this regard.
  14. Optimus01 will make every effort to accommodate special requirements that have been notified in advance on the booking form.
  15. Optimus01 trusts that Clients will conduct themselves in a respectful and orderly and safe manner at all times while on the premises of the training session, and reserves the right to exclude Client who cause a disturbance or who fail to comply with rules relating to the building or to public safety.
  16. There is no dress code; however, most Clients choose to wear smart casual clothing. Due to variable temperatures of air conditioned rooms, layers are advised.
  17. Optimus01 requests that cellular phones be switched off during training sessions to reduce disturbances.
  18. Venues are non-smoking venues. Clients may smoke outside in the garden provided that they comply with the current smoking laws of South Africa.
  19. Copyright exists on all materials (IP) supplied in any form by Optimus01. Copying, transfer or storage by whatever means may only be performed with the express written permission of the Managing Director of Optimus01.

WEBSITE DESIGN AND DEVELOPMENT

  1. Website Design and Development is a once-off service.
  2. Optimus01 does not own the Client’s domain name however the website is owned by Optimus01 until full payment has been received.
  3. Hosting – Optimus01 does not offer Hosting Facilities though we will set up your hosting at your elected Hosting Company (we recommend Hetzner)
  4. All websites are designed and developed according to Search Engine Optimization Requirements and following Webmaster Guidelines.
  5. Loading of website content is NOT included as the website has a built-in Content Management System (CMS) and Optimus01 will assign the Client a training guideline on how to load content.
  6. Should the Client require that Optimus01 loads their content and images a separate quotation will be provided at the time based on requirements.
  7. If the Client estimates that their website will have in excess of 100 products Optimus01 advises an Online Catalogue – content will be needed in excel format.
  8. Should the Client have purchased a 3rd party online payment gateway facility the onus rests on the Client to obtain the banking details and the account details from the 3rd party that the Client will be using for their online payment gateway facility and to forward these details to  Optimus01 for website integration purposes.
  9. Optimus01 cannot and will not do this for the Client as the 3rd payment gateway facility will not issue this information to us.
  10. Should the Client require additional website items which were not part of the initial brief these will be further quoted on and treated as a separate service. Commencement on these items will commence upon receipt of proof of payment.
  11. Once the website is live the service is deemed to be “signed off” and further changes/corrections/additions will be treated as a separate service and quoted on.
  12. Once the website design has been approved the development stage will commence – from this point any further changes will be charged out at the hourly rate.
  13. Should the Client require more than 3 sets of design changes these will be charged out at the hourly rate and will be added to the final invoice.
  14. The Client agrees to place “Website by Optimus01” (hyperlinked) in the footer of their website.

ONLINE MARKETING

  1. Online Marketing is a monthly contract service, which initially runs for a minimum of a 4 month contract period, and thereafter goes into a month to month contract period, with a 1 month cancellation notice required in writing.
  2. The Client undertakes to supply Optimus01 with administrator access rights to the Client’s website in order to optimize the website using various industry standard tools and techniques.
  3. The Client undertakes to supply Optimus01 with administrator access rights to the PPC campaign in order to optimize the campaign using various industry standard tools and techniques.
  4. Should the client have received a free website when signing an online marketing contract, the website remains the property of Optimus01 until all payments in relation to the entire online marketing contract have been made in full, by the client.
  5. Should the Client not have made all payments in relation to point 4 above, for whatsoever reason, Optimus01 will remove the website off the public domain and retain all rights to the website until such time as all online marketing payments have been made and/or brought up to date.
  6. The Client agrees to place “SEO Partners by Optimus01″ (hyperlinked) in the footer of their website.
  7. The Client agrees to place “Online Marketing by Optimus01″ (hyperlinked) in the footer of their website.

SEARCH ENGINE OPTIMIZATION

  1. Search Engine Optimization Setup is a monthly contract service, which initially runs for a minimum of a 4 month contract period, and thereafter goes into a month to month contract period, with a 1 month cancellation notice required in writing.
  2. The Client undertakes to supply Optimus01 with administrator access rights to the Client’s website in order to optimize the website using various industry standard tools and techniques.
  3. Should the client have received a free website when signing an SEO contract, the website remains the property of Optimus01 until all monthly payments in relation to the SEO contract have been made in full, by the client.
  4. Should the Client not have made all payments in relation to point 3 above, for whatsoever reason, Optimus01 will remove the website off the public domain and retain all rights to the website until such time as all SEO payments have been made and/or brought up to date.
  5. The Client agrees to place “SEO Partners by Optimus01″ (hyperlinked) in the footer of their website.
  6. The Client agrees to place “SEO by Optimus01″ (hyperlinked) in the footer of their website.

PAY PER CLICK (PPC)

  1. Pay Per Click (PPC) is a monthly contract service, which initially runs for a minimum of a 4 month contract period, and thereafter goes into a month to month contract period, with a 1 month cancellation notice required in writing.
  2. The Client undertakes to supply Optimus01 with administrator access rights to the PPC campaign in order to optimize the campaign using various industry standard tools and techniques.

If you would like to chat to us about our online marketing services, simply contact us