Terms & Conditions
- 'We', 'us' and 'our' mean the owners, staff, partners or affiliates of Virtually There.
- ‘Customer’ or ‘Client’ means you, or someone authorised to act on your behalf.
- 'Their' and 'they' mean another party, like third-party providers.
- 'Products', 'services' and 'systems' all refer to the same thing, that is any product or service we offer you, whether for free or at a cost.
Detailed description of goods and/or services
Virtually There is a business in the web design & marketing industry that provides website, hosting and various marketing services.
Subject to availability and receipt of payment, requests will be processed within 3 days and delivery confirmed by way of email.
We reserve the right to modify, terminate or refuse our services for any reason at any time, with or without notice.
We reserve the right to change fees for products and services for any reason at any time, with or without notice.
Use of our service is at your own risk. Our services are provided on an "as is" and "as available" basis without any warranty or condition, express, implied or statutory. Virtually There does not warrant that the service will be uninterrupted, timely or error-free.
We in no way guarantee that our services will in any way impact your sales, market share or productivity, as this is solely within your control.
If any of our services are interrupted or cancelled for reasons beyond our control, we will endeavour to get your services back up as fast as we can. Virtually There won't be liable for any damages or losses you may suffer if our services are faulty or unavailable. You should consider getting adequate insurance if your business relies on fail-safe services.
We will not be liable for any indirect or consequential loss, damage, cost or expense of any kind, irrespective of how such damage or loss was caused, whether arising under contract, delict or otherwise, including, and not limited to, data loss or corruption, loss of profits, contracts, operation time and goodwill.
We reserve all our rights in this agreement, and if one provision is found to be invalid, it will in no way affect the other provisions.
Third-party Services and Products
When using third party services your agreement is directly with them, and you must abide by their terms.
Because we have no control over their services or rates, we cannot take responsibility for its failure, unavailability or changes.
We may link to third party websites we think are useful, but will not be held responsible if you suffer damages as a result of using their products or services.
Virtually There provides a spam and virus filtering system to protect clients from unsolicited mail and viruses. The Client acknowledges that this system might incorrectly identify a valid message as spam or as a virus and consequently this message might not be delivered to the Client. The Client acknowledges and agrees that Virtually There shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.
We reserve the right to examine incoming or outgoing mail to the extent necessary to determine if it is classified as spam or malicious.
Should an email with a virus attached to it make it past our spam and virus filtering system to a Client email box Virtually There will not be held liable in any way for any damage or costs that may be incurred by the Client for clicking on any links or opening any attachments or running any programs that may contain a virus which then infects the Clients computer or network. We recommend that you install a decent antivirus program on your computer to further protect yourself from spam and viruses.
Usage and Copyrights
If you use our services in any way we deem inappropriate, we will suspend your services instantly, without notice.
- Don't use any of our services for adult, offensive or illegal content.
- Don't send out spam using or referring to any of our services.
- Don't abuse anyone else's copyrights or intellectual property.
- Don’t reproduce, duplicate, copy, sell, resell or link to any of our services, without written permission.
- You take sole responsibility for anything contained on your website, and relieve Virtually There of any legal claims in this regard.
Copyright of unaltered site design templates or images we source for you belong to the respective designer, but you may move it with your site to another host as long as the link to them is retained.
Payments & Refund Policy
Unfortunately, Virtually There cannot finance your business at the expense of our own, but we are always willing to listen and accommodate where possible, so please do contact us if you do experience payment problems. The following will apply:
If your account is not paid within 7 days of the due date, we will discontinue your services with immediate effect.
Unforeseen events could cause us to underestimate fees. In this case, we will advise you of this, then quote you and only once you have accepted the revised quotation will we proceed.
Our solutions are affordable because we rely on you providing us with the written information in a finished format. We are happy to spend extra time writing text, checking spelling, preparing images or travelling to your premises, but this will come at an additional cost.
If you for any reason cancel a service with us before we've completed it, we will have to charge you for any work already completed. This work will remain our property and copyright until we receive payment in full.
We cannot take responsibility for any errors or omissions on the content of your website, blog or shopping catalogue after you have approved it for publishing. Changes requested after final approval may result in extra charges.
For new websites or website revamps payment terms are 50% upon acceptance of the estimate, 40% due as a progress payment at our discretion with the final balance of 10% due when the new website has been approved to go live.
Please note that all new websites are to be paid for in full BEFORE they are moved onto the live server.
Should you not review the demo website timeously or should the project be put on hold for any reason then an invoice will be submitted for all work done up to that date which will be due immediately.
The provision of goods and services by Virtually There is subject to availability. In cases of unavailability, Virtually There will refund the client in full within 30 days. Cancellation of orders by the client will attract a 10 % administration fee.
Credit Card Processing
Payment options accepted
Payment may be made via Visa and MasterCard.
Card acquiring and security
Card transactions will be acquired for Virtually There via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
Customer details separate from card details
Customer details will be stored by Virtually There separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.
Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
Virtually There takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
Domain Name Registration
Virtually There is an accredited ICANN Registrar. This allows us to register domains and hold the records on their behalf.
For more information about Registrant Education, please click here: https://www.icann.org/en/resources/registrars/registrant-rights/educational
For more information about Domain Name Registrant Rights, please click here: https://www.icann.org/en/resources/registrars/registrant-rights/benefits
Updates to Terms of Service and Use
If we update or change our terms of service and use, we will publish the date, as below.
This policy was last modified in December 2020.
Country of domicile
This website is governed by the laws of South Africa and Virtually There chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
This website is run by sole trader based in South Africa trading as Virtually There and with one Owner.