Terms and Conditions
These are the standard terms and conditions that is a legal agreement between the company (“Kelbix Creations (Pty) Ltd and its brand: Stokvel Softwares”) and the client (“Customer”) for the purpose of Stokvel Softwares. These Terms and Conditions set forth the provisions under which the Client may use the developed software.
1. Grant of License
Subject to the terms and conditions of the Agreement, the company grants to the client a non-exclusive, non-transferable license to use the software. Client agrees that he/she won’t copy, modify or re-distribute the license. The company provides the installation and the setup of the software. The client may not, however, transfer or sub-license the software to any third party, in whole or in part, in any form, whether modified or unmodified.
Stokvel Softwares guarantees successful installation of all software you buy or lease from Stokvel Softwares and the program working on your server in a way as demonstrated in our demo section and requirement subject to the following terms and conditions:
Software Installation Services:
Installation does not include HTML, database customizing or graphic design, we install programs “as is” – the same you can see in our demo section. Customizing HTML pages are not included. You can do it yourself, order from us for an additional charge or from a third party. We will install purchased program on your site and make sure it works correctly, but it will be your responsibility to create HTML pages and/or databases and modify HTML pages and/or templates according to your sites requirements.
Self Software Installation:
You do not need to know anything about CGI & PHP programming to install and use our software. However, to use some of our programs, you do need the following:
- Basic knowledge of Internet tools (for example, be able to use FTP).
- Basic knowledge of the operating system your server uses (be able to create and change directories, be able to change permissions on files and directories).
- Basic knowledge of HTML, such as be able to write simple forms.
Please, note: if you use HTML editors like MS FrontPage, you need to know HTML well enough to be able to edit pages created by your program in a text editor such as Notepad or UltraEdit.
- Basic knowledge of server technology, such as Unix or Windows and cron tabs.
2. Permissions and Copyrights
The client shall not modify or create copy of the Licensed Software or documentation including translation or localization; redistribute, encumber, sell, rent, lease, sub-license, installing in any other server. A client shall not remove or alter any copyright or other proprietary notices, legends, symbols or labels in the Licensed Software. If the company finds any violation, the company reserves the right to access or remove the source code and the entire software anytime.
3. Processing Objectives
3.1 The Company, in connection with providing the Services, undertakes to process personal data on behalf of the Client in accordance with the conditions laid down in the Addendum. ”Personal Information” means information that relates,directly or indirectly, to an identified or identifiable person ( a “Data Subject” ), which may include names, email addresses,postal addresses, or online identifiers, that Client provides or submits in connection with using the Services. The processing will be executed exclusively within the framework of the Agreement, and for all such purposes as may be agreed to subsequently.
3.2 The specific categories of Personal Information that Company will Process in Connection with the Agreement are set forth in Scope of Processing.
3.3 The Company shall refrain from making use of the personal data for any purpose other than as specified by the Client. The Client will inform the Company of any such purposes which are not contemplated in this Addendum.
3.4 All personal data processed on behalf of the Client shall remain the sole and exclusive property of the Client and/or the relevant Data subjects.
4. Technologies and Hosting:
4.1 Technologies: The entire application will be developed in PHP. The back end will be MySQL.
4.2 Hosting Server: Linux Server with unlimited space and unlimited bandwidth.
4.3 Web Browsers Capability: We cannot guarantee that all of our programs will work with browsers other than Firefox, Chrome and Internet Explorer. If any particular browser, such as AOL, WebTV, Compuserve, etc. is important for your site, please check our demos to make sure that the program will work with the browser of your choice.
5. Limitation of Liability
Stokvel Softwares’s do not take any responsibility and we are not liable for any loss or damages resulting from any claims caused through use of products or services, be it indirect, special, incidental or consequential damages (including but not limited to damages for loss of business, loss of profits, interruption or the like).
You are allowed to modify scripts, files, programs, however Stokvel Softwares will not be liable for any damages resulting from use of modified scripts, programs and files. You may not modify with the intent of reselling our code unless prior written approval is given by Stokvel Softwares.
You are allowed to use software products on one web site. If you are interested in using our products on more than one site, for more than one client or within more then one domain, please e-mail us and we’ll work out a licensing agreement.
6. Support and Upgrade
For support please use the on-line support desk on our Website, limited to original support contract. Any Software updates that may be made available by Stokvel Softwares from time to time will be supplied at Stokvel Softwares’s website download area, Purchase or Lease terms only apply to the current version software under contract, Licensee maybe subject to installation charges, increase lease price/upgrade charges, or both for any upgrades. Stokvel Softwares does not guarantee backward compatibility with previous versions of his software as it retains the right to add, remove or modify any feature or function in previous versions, at its sole discretion.
You may not use, copy, modify, or distribute the Licensed Program (electronically or otherwise), or any copy, adaptation, transcription, or merged portion thereof, except as expressly authorized by Stokvel Softwares. You may not reverse assemble, reverse compile, or otherwise translate the Licensed Program. Your rights may not be transferred, leased, assigned, or sub-licensed except for a transfer of the Licensed Program in its entirety to:
(a) a successor in interest of your entire business who assumes the obligations of this Agreement or
(b) any other party who is reasonably acceptable to Stokvel Softwares, enters into a substitute version of this Agreement, and pays an administrative fee intended to cover attendant costs.
No service bureau work, multiple-user license, or time-sharing arrangement is permitted, except as expressly authorized by Stokvel Softwares. If you use, copy, or modify the Licensed Program or if you transfer possession of any copy, adaptation, transcription, or merged portion of the Licensed Program to any other party in any way not expressly authorized by Stokvel Softwares, your license is automatically terminated.
Our softwares must never be used to defraud anybody for any reason whatsoever. By installing or using any of our softwares you are agreeing that you will not use any of these softwares to defraud anybody.
8. Display of Copyright and “Powered By” Notices Required
All copyright notices used throughout the program, within the scripts and within the HTML that the scripts generate, MUST remain intact. Furthermore, these notices, including “powered by” wording that appears online, must remain visible to the human eye. Your acceptance of this agreement also permits Stokvel Softwares to list your Web site in promotional materials and/or on our Web site, unless a special agreement is made prohibiting such use.
9. Stokvel Softwares’s Right Of Entry
You hereby authorize Stokvel Softwares to access your web server in order to inspect the Licensed Program in any reasonable manner during regular business hours to verify your compliance with the terms hereof.
10. What We May Do
We reserves the right to monitor your license usage. This includes the monitoring of your license and we will never collect any information beyond license information such as serial #’s and locations of usage. We also reserves the right to void your technical support/upgrades and/or pursue legal action if any part of this license agreement has been violated.
11. Licensing Details
For each license currently lease or have purchased you may use only use it in one domain. The number of active copies of software must match or be below the number of licenses that you currently lease or have purchased. We reserve the right to void your technical support & upgrades and/or pursue legal action if this is violated.
12. Injunctive Relief
You acknowledge that, in the event of your breach of any of the foregoing provisions, Stokvel Softwares will not have an adequate remedy in money or damages. Stokvel Softwares shall therefore be entitled to obtain an injunction against such breach from any court of competent jurisdiction immediately upon request. Stokvel Softwares’s right to obtain injunctive relief shall not limit its right to seek further remedies.
All software names are trademarks of Stokvel Softwares. No right, license, or interest to such trademark is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to such trademark.
14. Costs of Litigation
If any action is brought by either party to this License Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation.
Should any term of this License Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
16. No Waiver
The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
17. Software Demo Responsibilities
The company is providing a Software Demo on the website just to give the idea of how Stokvel Softwares will work. While using the demo, the entered details by visitor/client company is not responsible for any data. The company recommends avoiding the use of personal information in the preset demo.
The taxes applicable for the software development services will be charged according to the constitutionally established scheme of taxation in South Africa.
19. Maintenance and Support
In accordance with the terms of the Service Agreement, the company will furnish the free service only for installation, online support via Ticket, and error-correction for the unmodified default script till the six-month duration from the purchase date. In the case, that client has technical queries in using the software during the 6 months of this Agreement, a client can send those queries to the company and the consultation will be provided within 48 hours whereas a charge may be required. For customization of the existing script / software, there is an additional charge which will be quoted for.
By accepting this license grant, the client does not become the holder of any other intellectual property rights in the Licensed Software. By default, you are purchasing the Standard licensing. We have three different types of licensing: Standard, White-label and Enterprise.
– Standard licensing: Our brand name and copyrighting will be present. Do not have access to the full source codes.
– White-label licensing: You have the option to use your brand name but we still own the copyrighting. Do not have access to the full source codes.
– Enterprise licensing: You have the option to use your brand name and own the IP. You also have the full source codes that you can customize as you want.
By placing an order, the Client acknowledges that he/she has read, understand, and accept the Terms and Conditions of this Agreement. The Company reserves the right to modify these Terms and Conditions at any time without prior notice.