TERMS & CONDITIONS

ABOUT US

Webmart is a trading name of Moagae Legacy (Pty) Ltd which is local website development company in Botswana. Webmart was established in 2016. Webmart services range from website design & development, domain registrations, website hosting, professional emails, SSL Certificates, Online Marketing (Google AdWords / Adverts).

 

USE OF SITE

You may only use this site to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. ‘Deep-linking’, ’embedding’ or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.

 

DISCLAIMER OF WARRANTY

The contents of this site are provided “as is” without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement.

The owner of this site, the authors of these contents and in general anybody connected to this site in any way, from now on collectively called “Providers”, assume no responsibility for errors or omissions in these contents.

The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility.

The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.

 

OUR RIGHTS

Webmart reserves the right to:

  1. modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
  2. change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
  3. We will use our reasonable endeavors to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.

 

THIRD PARTY LINKS

In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

 

GENERAL SECURITY

While reasonable measures are taken to ensure the integrity and security of information submitted to this site, we may not be held liable for any loss or other damage sustained by a user or users as a result of the intentional or accidental release of information by an employee of the website owner or any third party.

Users and/or subscribers are prohibited from releasing their username and/or password to any other person or party.

 

BILLING & ORDER PROCESSING

Order processing will not begin until we receive a confirmed order and full payment. For payments made using credit card/debit card or PayPal the orders will be automatically processed once payment is cleared.

Webmart does not store any customer credit/debit card information.

Virtual Card Services (VCS) processes payments made using credit/debit cards on the website.

Customers are redirected to the VCS payment page on checkout and then once the transaction is complete they are returned back to the website.

Webmart will provide you with an itemised bill or invoice on request or where this is specified as part of the services provided to you.

Accounts are due on invoice presentation date ("Due Date") shown on all invoices received from Webmart, unless agreed otherwise. Webmart retains the right to impose, subject to a notice period of 7 Business Days, a credit limit on any of it's customers as and when it sees fit.

Webmart products and services are not pro-rated with the exception of Hosting packages.

Webmart will provide a service to you, as chosen by you, for the period of time ("the Term") corresponding with the payment plan specific to you or as otherwise specified in the product’s terms and conditions relating to the particular product or service supplied by Webmart. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated.

 

EFFECT OF NON-PAYMENT

Webmart may halt or completely stop the supply of new services to you and/or terminate current services held by you if payment of any invoice is not made by the Due Date, or if an application for business rescue proceedings or liquidation is filed by or against the customer, or if the customer goes out of business or announces intention to do so.

If you pay the amount due in full, you may have your existing services re-activated and also purchase new services.

If you neglect to pay the amount due in full, Webmart will submit the full overdue amount for Collections. In the event of the account being handed over to an outside collection agency, any costs incurred as such will be for your own account.

In the event of suspension due to non-payment, Webmart reserves the right to place a "non-payment" page on your domain. Furthermore, the DNS of your domain will remain unchanged until full payment for the outstanding balance on your account has been received.

If the preferred method of payment used by you is EFT, it will be your sole responsibility to ensure your payments are made using the correct beneficiary reference as indicated on all invoicing. Failure to comply may result in an incorrect allocation of your payment which may cause service disruption as a result of the account being suspended due to non-payment.

 

PAYMENT METHODS AND FEES

Webmart accepts payments via Direct Deposit, Electronic Funds Transfer (EFT), PayPal, bank transfer, debit/credit card online and cash. Webmart accepts MasterCard, VISA and AMEX.

All transactions will be processed in Botswana Pula (BWP) except PayPal transactions which shall be processed in United States Dollar (USD)

 

BANKING DETAILS

Bank                : First National Bank Botswana (FNBB)

Branch No.       : 285267

Branch Name   : Riverwalk

Account Name  : Webmart

Account No.     : 62621091389

Account Type   : Cheque

Swift Code       : FIRNBWGX

For more information about how to order, special order requirements and other payment options, please contact our Support Team on +267 311 3318 or email support@webmart.co.bw.

 

REFUNDS

Webmart will only refund a customer in the event of their account having a credit balance. Domain Registrations, Domain Renewals, Domain ID Protection, SSL Certificates and Dedicated Servers are not refundable. Hosting services will be refunded in the case that there was an error which has been proved beyond reasonable doubt through investigations which may involve a third party that the intentions were indeed innocent.

Webmart shall make an effort process authorized refunds within a reasonable amount of time (at least 18 working days) as such can take some time. All refunds made will carry an 18% administration fee.

 

CANCELLATIONS

Cancellations must be done using Webmart’s Customer Zone or email to support@webmart.co.bw.

Note that by default we require one full calendar month's notification of nonrenewal. If you do not provide this notice, you will be charged the rate stipulated on the relevant product page for the next renewal term. To illustrate, for nonrenewal to be implemented at the end of May, notice of nonrenewal must be received on or before the last day of April. There are no refunds on a la carte services.

Domains are eligible to automatically renew for an extra one-year term upon expiry. Renewal notifications will be sent out prior to the renewal, and cancellations may be done before the renewal date.

 

Downgrades / Upgrades

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Definition:
"A downgrade occurs when changing your current package to a package with a lower cost". Example: Changing from a Standard Hosting package at P1899 to a Basic Hosting account at P1599 would be considered a downgrade

Downgrades must be done using Webmart’s Customer Zone.

We require notification of downgrades on or before the 20th of each month, in order for the downgrade to take effect from the first day of the next month. If you do not provide this notice, you will be charged rate for the existing package in the following month.

 

BACKUP

We undertake periodic backups of data on our shared hosting servers, email infrastructure but the final responsibility for all backups of the data on your hosting packages rests with you. We strongly recommend that you take periodic backups and store them at your end so that you have multiple options in case of necessity for a restore.

You may request us for a backup of the last 7 days (from the date of request) and in most cases we will be able to provision this from our disaster recovery backups. However, this is not a part of our core hosting services and is merely a last resort. We will try our best to help you out but backups provisioning and restoration is an extremely time and resource intensive process and hence we can only promise a best effort service in this regard.

We strongly recommended that you make use of CodeGuard for reliable and cheap offsite backups. Read more here - https://www.codeguard.com/

 

SECURITY POLICY

Virtual Card Services process all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The company registration documents and the site’s registered domain name are checked and verified by Thawte, ensuring the cardholder and merchant that nobody can impersonate VCS to obtain confidential information.

Virtual Card Services is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Virtual Card Services Internet servers are protected by firewalls and intrusion detection systems.

The Merchant does not have access to credit details.

Virtual Card Services continually reviews and enhances its security in line with technological changes.

 

MONITORING

We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).

 

LAW

The Conditions will be exclusively governed by and construed in accordance with the laws of the Republic of Botswana whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

 

UPDATING OF THESE TERMS AND CONDITIONS

We reserve the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

 

CONSENT

I understand that all the designs and trademarks are registered to Webmart and hereby accept the terms and conditions. I undertake not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understand the legal implications thereof. Should I be found to be in violation of this agreement I understand that I will be held liable for all legal costs incurred by Webmart for any civil action or any legal action deemed necessary against me.

 

CONTACT DETAILS

Physical address: Unit 5, Plot 171, Khaya Khulu, Tlokweng, Botswana

Postal address: P O Box AD 439 ADD, Postnet, Kgale, Gaborone,Botswana

Email address: info@webmart.co.bw

Phone numbers: +267 311 3318

 

Updated: 17-01-2018