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Our
Terms of Service and use of this Website
Terms of Use
You owe it to yourself to
make informed purchase decisions. We're trying to keep
things as simple as possible for you. We know some
people want all the details, and we respect them for
this...
Please note: We are a specialized consulting firm providing IT and internet solutions to small business and home users. As a consulting firm we don't operate as a typical store-front retailer. We order on demand to provide complete IT and web solutions to our clients. If you are a new client, please do NOT visit our physical location to purchase software or hardware "off the shelf". Our physical address is for consulting and order collections only and only by appointment. We'll gladly accept your phone calls, faxes and e-mail sales enquiries in order to help you find the right solution for your needs.. Legal Statement Contents:
Welcome to the Treehouse Consulting Web site. Treehouse Consulting provides services and products to you subject to the following terms, conditions, notices and disclaimers as amended from time to time at the discretion of Treehouse Consulting. By accessing, browsing or utilizing any or all of the services and products within the Treehouse Consulting Web, you acknowledge that you understand and agree to the terms, conditions, notices and disclaimers contained herein. If you do not agree with the stated terms, conditions, notices and disclaimers, Treehouse Consulting advises that you do not use the web site for any information or purchasing. Treehouse Consulting cc reserves the right to amend, change or omit the site within the world wide web at our own discretion. Additionally we reserve the right to institute changes or amendments (effective immediately) to any or all of the Terms contained in this document and to which, by your utilization of the network, you will be bound. Pricing Information We don't control the pricing from the distributor. When an item price drops, we drop our price, this is the way it is with all consumer electronics. Because prices often fluctuate due to the R/US rate the pricing can and often do change within as little as a day or two from publishing. Currency markets are experiencing almost unprecedented volatility with our ZAR depreciating. Prices on this website are merely a guideline - please e-mail or call for updated and valid pricing of products. As from 13 October 2008 Quotes valid on date of issue only. Please settle payments in full on date of issue of the pro forma invoice to avoid paying adjusted pricing. Prices of products and services displayed on this Web Site are deemed to be competitive and current at the time of publishing. However prices vary on occasion and products are subject to availability. Prices listed are exclusive of VAT and subject to stock availability. Computer hardware orders are payable on order, a minimum order values may apply. Service charges are payable C.O.D. by cash or cheque.
Ordering An order placed by you is an offer to purchase a particular product or service at the price and delivery charges specified by Treehouse Consulting cc. Treehouse Consulting reserves the right to accept or reject your offer for any reason. Prices and products and delivery charges, and product and service availability are current at the time of issue but are subject to change at any time without notification. To efficiently process your order you must submit your name, email address, mailing address, account number and provide proof of payment with the correct ORDER REF number to Treehouse Consulting cc. You must provide accurate personal details and information and must not transmit any material of any kind which contains a virus, malicious computer code transmitted on or though the Web Site or other harmful component. Your contract with Treehouse Consulting is operable when Treehouse Consulting advises that your order has been accepted and receipt of your payment is confirmed. Please place your orders before 15:00 on Wednesdays if you require delivery the same week. Generally orders placed before 10am (SA Local Time) on Weekdays will be processed the same business day and will normally be delivered within 48 hours, between 8.30 a.m. and 5.30 p.m. for metropolitan areas. National deliveries outside the Metropolitan areas will vary with destination but generally will take no longer than 72 hours. Delivery charges are excluded from all prices listed on these Web Pages. Courier costs and insurance of carriage are for the clients account. Treehouse Consulting will not be responsible for paying any courier costs, extra packaging costs or insurance to or from the client. Web Design services require a 50% non-returnable deposit on signing of any design or development contract. PaymentTreehouse Consulting accepts the following method of payment on order: Direct Cash Bank Deposit, ATM Transfer, Bank Guaranteed Cheques of Registered South African Banks only. The customer shall pay the amount on the sales confirmation form/invoice in full on placement of order. Payment is due immediately save for credit-approved customers, in which event payment is due within the terms as specified in the client’s credit agreement. At present we are not able to accept payment made from non-South African Bank accounts given the limitations that we face in establishing that the user of the account is legitimate. Payments from overseas customers are not accepted via Electronic Funds Transfer. We accept bank guaranteed company cheques that are bank guaranteed for the value of the cheque. We do not accept credit card payments. You need to contact the Sales Department to get a valid Order number before making payment for your order request. This way we protect you from paying for goods we cannot supply within 48 hours. Late payments on purchases - All purchases made must be paid on presentation of invoice, bill or statement, or whichever applies. Upon failure to pay, the full outstanding amount will attract interest at prime interest rate plus 2% per month, calculated on a daily basis. Payments received will be used to pay the interest portion of your account first, and the remaining portion of your payment will pay the capital on your outstanding account balance. Any remaining balance will continue to attract interest until fully paid. Late payments on website services - All services made must be paid on presentation of invoice, bill or statement, or whichever applies. Upon failure to pay, the full outstanding amount; domains will be suspended and re-activation fees will be payable to re-active your account. Request to re-activate your account must be forwarded in writing to sales@itworx.co.za with proof of payment of outstanding fees due including the re-activation fee. Late payments will also attract interest at prime interest rate plus 2% per month, calculated on a daily basis. Payments received will be used to pay the interest portion of your account first, and the remaining portion of your payment will pay the capital on your outstanding account balance. Any remaining balance will continue to attract interest until fully paid. Web Design project deposits (where applicable) paid to Treehouse Consulting are not refundable under any circumstances. An administration fee of R300 will be charged if order is cancelled after issue of a invoice for payment. Debt collection. If a customer fails to pay as per our set payment terms, or is unlikely to pay within an agreed period, the services of a debt collector may be used to collect the amount owed as well as any accumulated interest up until that date. A minimum "debt collection fee" of 25% will be added to the invoice amount plus the accumulated interest. An invoice will be issued for these amounts once the debt has been settled. top Termination Treehouse Consulting and (where appropriate) reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion and at any time without notice. All restrictions, licenses granted by you and all disclaimers and limitations of liability by Treehouse Consulting cc set out in the Terms will survive termination. Treehouse Consulting further reserves the right to charge account termination fees (R325 or as amended from time to time) on website services where clients have failed to settle accounts for hosting and other web related services on due date of invoice and then decide to cancel such accounts late. This is applicable to any website hosting services and domain registrations administrated/serviced by Treehouse Consulting. top Fraud Unauthorized use of a bank account, use of an invalid account and the provision of a false name and personal details will be considered fraudulent. All fraudulent activity will be subject to prosecution by the fullest extent of the law. top Delivery All sales (unless specifically stated otherwise in writing) are EX-Works transactions. Meaning, goods are made available for pickup at our factory or warehouse and "delivery" is accomplished when the merchandise is released to the consignee's freight forwarder or courier, or at the time the buyer is notified in writing that the goods ordered are at the named disposal point for collection. The buyer is responsible for making arrangements with their forwarder for insurance, export clearance and handling all other paperwork. All export duties and taxes where applicable, are for the customers account. Treehouse Consulting cc endeavors to fulfill its commitment to the stated delivery schedule (when delivery is agreed to) but cannot guarantee to meet scheduled delivery times on all occasions. Delivery times are indicative only and Treehouse Consulting does not accept any liability for failure to meet scheduled delivery times or any inconvenience caused as a consequence. Treehouse Consulting will afford a reasonable opportunity to its customers to examine goods for the purpose of ascertaining whether or not they conform with the purchase order. A period of 48 hours from the date of delivery to alert Treehouse Consulting to non-conformity is given in the following situations: a. Shipment of damaged products (excluding damage caused by couriers, you will have to claim against the courier) b. Short shipment of products from a consignment c. Missing cartons from multiple carton consignments In the above situations please contact the Returns Department to get a Return Authorization Number. When placing an order with Treehouse Consulting we require a physical street address in South Africa. Please note that a signatory needs to be at the delivery address to sign for and collect the goods. If there is no-one present, then the goods will be redirected back to Treehouse Consulting and may be collected from us by prior arrangement. Any delivery note (copy or original) signed by the customer and/or its authorized representative and/or its nominated agent and held by Treehouse Consulting, shall be prima facie proof that delivery was made to the customer. In the event of the customer choosing to engage its own third party to transport the goods, the customer indemnifies Treehouse Consulting against any claims of any nature whatsoever that may arise from such an agreement. Storage/demurrage costs & Transit Unless specifically stated otherwise all goods are sold EXW (Ex works). The buyer must arrange the carriage; secondly, the risk transfers from the seller to the buyer when the goods are placed at the disposal of the buyer; and thirdly, the cost transfers from the seller to the buyer when the goods are placed at the disposal of the buyer i.e. at a named place. Treehouse Consulting shall be entitled to charge the customer demurrage/storage charges and insurance fees in respect of any period during which the goods are stored after goods are placed at the disposal of the buyer but not collected by the buyer on date as specified in the written collection notice issued by Treehouse Consulting. Uncollected goods - Disposal after 28 days If a customer pays for a repair or a newly placed order but does not collect the order within 28 days of written notice to the buyer to collect, Treehouse Consulting reserves the right to dispose of goods in any such manner as we consider appropriate to to cover any costs involved in storing the goods and insuring goods over that period. No credit will be passed to the buyer. International No international Orders are accepted form Treehouse Consulting Web Pages. All sales are EXW. Foreigners may purchase goods from us, provided business is conducted from South Africa through a local agent and collection of goods are made in Cape Town. All sales are EX-Works transactions, Treehouse Consulting is not responsible for the buyers insurance, courier costs, export duties and documentation or any applicable taxes. Delivery Policy, Differences, Complaints, Proof of Delivery top Returns Policy All goods to be returned, whether defective or not, will require a Return Authorization Number (referred to as a RA Number) before they can be returned. To obtain a Return Authorization Number, please contact the Returns Department on 082 407 9900 during office hours. (Weekdays 8am-5pm). The buyer is responsible to pay any courier fees and insurance on returned goods. You will need to supply the following information which will be on your invoice before we can issue a Return Authorization Number: - Your Order Number Name and contact details Product to be returned Date of purchase Reason for return Return Authorization Numbers are only valid for 5 days, so we must receive the returned product into our store within this period; otherwise, the return may not be accepted. It is the customer's responsibility to ensure that all products are suitably packaged in order to prevent damage during return shipping. A copy of the invoice, or other proof of purchase, must be included with the returned product. The Return Authorization Number should be clearly visible on the outside of the product-shipping carton and addressed to the following address - Treehouse Consulting Returns Department - RA # xxxxxxx PO Box 5275 Helderberg 7135 Treehouse Consulting accepts no responsibility for loss or damage occurring in transit on return to Treehouse Consulting. Treehouse Consulting will test all products returned. Some products may need to be returned to the manufacturer for testing. Treehouse Consulting will contact you to advise of the status of the returned product within 72 hours of receiving the goods. A non-faulty fee R250.00 plus freight will apply if your product is found to be not faulty. Unless stated otherwise under this Returns Policy, Treehouse Consulting reserves the right to refuse any returns that - are incomplete or missing parts; or are not returned in their original sealed packaging, or the customers has simply changed their mind on the purchase, or show signs of physical damage to the product or its packaging or does not include a valid Return Authorization Number on the shipping label or were not returned within 48 hours of invoice date. Alternatively please visit Treehouse Consulting's office with the product you wish to return and a copy of the invoice. If the product is eligible for return Treehouse Consulting will complete the Returns Authorization immediately in most cases. Please contact the Returns Department for all return authorizations. No cash refunds will be given on incorrectly ordered goods. A 20% handling charge at current price will be issued for goods returned after original purchase date, provided goods are in a resaleable condition including original packaging, manuals, software and still sealed. No goods will be returnable for credit if damaged or not in original sealed packaging. Treehouse Consulting will pass credit at its own discretion. Restocking fee payable on orders canceled after being invoiced. Under exceptional conditions and only at Treehouse Consulting's sole discretion, will we accept a return refund on a re-sellable product, but will only refund a portion of the price customers paid for it. A percentage of the price, between 15%-20%, will be forfeited by the customer as a restocking fee. This fee applies to invoiced items returned only, and not when items are exchanged due to manufacturer defect under warranty. We don't
allow "try-and-return" purchasing. We do not refund or
credit the shipping and handling fees paid on orders or
returns, all sales are strictly EX-Works transactions.
Manufacturers Warranty All products, unless stated otherwise, are sold with a full manufacturer's warranty. The warranty periods vary by manufacturer and product. All claims for warranty service outside fourteen days should, in the first instance, be directed to the manufacturer or its authorized service centre. If the manufacturer directs you to return the product to us as the retailer, then you must contact Treehouse Consulting within seven days of first noticing the problem for which you are claiming service under warranty, and at least 14 days before the expiration of the warranty period specified by the manufacturer otherwise we may not be able to authorize a return. You will be issued with a Return Authorization Number in accordance with Treehouse Consulting's Return Policy but you will need to specify that the goods are being returned under the manufacturer’s warranty. You will need to arrange for return delivery of the product to the address listed in the Return Policy. Treehouse Consulting will not pay, nor reimburse any costs associated with a customer-organized shipment under a manufacturer’s warranty. The product must be received by our office at least 7 days prior to expiration of the manufacturer’s warranty period so as to allow sufficient time for the product to be returned to the manufacturer before the expiration of the warranty period. Upon receipt of the product, Treehouse Consulting will return the product to the manufacturer or its authorized service centre or agent for repair/ or replacement. The product will be repaired/ or replaced at the sole discretion of the manufacturer. Should the manufacturer determine that the fault is not covered by the manufacturer’s warranty, then we will advise you of the quoted repair costs and ask if you wish to proceed with the repair. If you decide not to proceed with the repair, the manufacturer may charge you an inspection fee. Once the product is returned to Treehouse Consulting by the manufacturer or its authorized service centre or agent, we will arrange return delivery of the product to you at our cost. For products where the manufacturer has determined that the fault is not covered by the manufacturer’s warranty, we require payment of the manufacturer's service charges and any costs associated with processing of the return prior to returning the product to you. If you have problems contacting the manufacturer or its authorized service centre or agent, then please contact our Customer Service staff so that we can assist you with your warranty claim. Manufacturer workshop warranty turn-around time is 72 working hours. LCD Monitors with less than 8 dead pixels will not be replaced under warranty. Ad Hoc warranty call-outs. Client's will be charged for any warranty call-out at our standard call-out rates for technical support. Some systems can be bought with an extended on-site warranty, here the manufacturer will supply support in accordance to their warranty policy and rates. top Discontinued Products Treehouse Consulting will, under instruction from its vendors, discontinue some products from time to time. Your right to return these discontinued products may be limited. top Risk of Damage and Loss All risk of damage or loss is transferred to the buyer/client on dispatch of the goods/items to the advised mailing address or at the time the goods are placed at the disposal of the customer at the collection address nominated by Treehouse Consulting. Treehouse Consulting cc undertakes to provide original manufacturer packaging and a reliable delivery service but is not responsible for any damage or loss of your purchase in transit, nor does Treehouse Consulting cc insure against loss or damage of your purchase in transit. top Privacy Policy Treehouse Consulting Privacy Policy We respect your right to privacy! Any and all information collected at this site will be kept strictly confidential and will not be sold, rented, loaned, or otherwise voluntarily disclosed to any person or company. Any information you allow Treehouse Consulting to collect will be held with the utmost care, and will not be used by us or any third party authorized by us in ways that you have not consented. A more detailed explanation in the following statement discloses how we collect, use, and most importantly, explains the safeguards we place on the personal information you provide to us on Treehouse Consulting web site. Protecting your privacy is important to our team at Treehouse Consulting cc. For further privacy information, please contact us at sales @ itworx.co.za How Information is Collected You remain anonymous while you browse through The Treehouse Consulting catalogue and information pages. We only collect personal information such as your e-mail and order delivery address at the time that you wish to place an order with us. Various statistical information including your computers IP (Internet Protocol) address, your browser type and which pages on our site you visit may be recorded for statistical use only. We do not link this information to any of your personal information. We simply collect statistics to help us serve you in a faster and more efficient manner. We may request that you supply personal information, such as your e-mail address and postal address, for purposes such as, making a purchase, entering a competition or participating in a survey. This information will only be collected on a voluntary basis. We do not share your profile with any other company or person, and no one other than Treehouse Consulting personnel who are under strict instructions to not disclose the information can access your personal information. How we use the Information When you provide us with your e-mail or postal address, Treehouse Consulting will send you updates on the latest products and special offers. Young Adults and Minors We do not solicit data from minors or young adults. Treehouse Consulting encourages guardians and parents to assist their children and to participate in their on-line electronic commerce activities. Purchasing at the Treehouse Consulting web site is restricted to valid bank account holders. Persons under 18 years of age must not use the site without the consent of their parent or guardian. Web Browser Compatibility To purchase from the Treehouse Consulting Store, you must use a browser such as Netscape Navigator 3.0 or higher or Internet Explorer 4 and higher. Your Acceptance of These Terms By using the Treehouse Consulting site, you signify your agreement with the Treehouse Consulting Internet Use Privacy Statement and our terms and conditions of use and terms of sale. If you are NOT able to agree with any aspect of this policy, please do not use the Treehouse Consulting Internet site. Treehouse Consulting cc reserves the right, at our discretion, to modify, add, or delete portions of this privacy statement. Changes to this policy will be posted on this page and your continued usage of the site signifies your acceptance of the new conditions. The Treehouse Consulting cc privacy statement is subject to change and may be reviewed at any time and without notice. top External Links Treehouse Consulting cc Web Site may at any time display third party advertisements, embedded and non-embedded hyperlinks, referral buttons and other pointers to Internet Web Sites operated by third parties or their licensees or contractors. Treehouse Consulting cc does not endorse or recommend the products, services or content of the advertisement nor accept any responsibility for the contents of any linked Web Sites or any hyperlink contained within a linked Web Site. Any offer that you can accept by linking to the third party advertiser's Web site and executing the relevant transaction is made by you at your own risk. Treehouse Consulting cc is absolved of any responsibility of any outcome as a consequence of your access. top Limitation of Liability Treehouse Consulting cc will in no circumstances, to the extent permitted by law, be liable for any damages or loss whatsoever, whether direct, indirect, punitive, special, or consequential. Nor will Treehouse Consulting cc be liable for any loss of profits that are directly or indirectly related to the use of, or the inability to use, the Treehouse Consulting cc network of Web Sites, even if advised of the possibility of such damages or that such damages were foreseeable. Where Treehouse Consulting cc is unable to exclude liability for breach of terms and/or conditions of any implied warranty by virtue of any statute, then its liability shall be limited to any one or more of the following:
Disclaimer The information contained within this Web Site is provided by Treehouse Consulting cc in good faith that the information is accurate and current and is represented in accordance with South African law. To the extent that this law is not in accordance with the country within which you reside or are accessing this Web Site, this disclaimer does not apply to you and you should refrain from accessing and purchasing from it. If you proceed and do access and purchase from any or all of Treehouse Consulting cc Web Sites you acknowledge that you agree with the Terms and Condition contained herein and agree to indemnify Treehouse Consulting cc of any damages, losses or costs you incur as a consequence. Treehouse Consulting cc makes no representations or warranties of any kind, expressed or implied, as to the operation of the site or the information, content and materials, including the currency, accuracy or completeness, of any content or any information provided by third parties, on or through any or all of Treehouse Consulting cc Web Sites. Treehouse Consulting cc disclaims the accuracy of all descriptions and specifications of the products included on any or all of its Web Sites. Treehouse Consulting cc will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Treehouse Consulting cc will not guarantee that your access to any Treehouse Consulting cc Web Site or the functions contained within will be uninterrupted or error free. Treehouse Consulting cc will not guarantee that any errors will be corrected or that the Web Sites or the server is free of viruses, malicious computer code transmitted on or through the Web Sites or other harmful components. Copyright Unless otherwise indicated, copyright in the information on this Web Site is owned by Treehouse Consulting cc since 2001. All rights reserved. This site or any portion of this site may not be reproduced, duplicated, copied, sold, re-sold or otherwise exploited for any commercial purpose that is not expressly permitted by Treehouse Consulting cc. You may download a single copy of the information on this Web Site and, where necessary for its use as a reference, keep a temporary copy in your computer's cache and make a single hard copy of that information. Except as permitted under the Copyright Act or other applicable laws, no part of the information contained on this Web Site may be otherwise reproduced, adapted, performed in public or transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) without the specific prior written consent of Treehouse Consulting cc. Copyright of website designs. The files to the websites we design are provided as is and Treehouse Consulting cc will not be held liable for any damages including in the event that the client attempts to alter or update its content. In no event will Treehouse Consulting cc be liable to the client or any third party, includuing cyber attacks for any damages, lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate the clients web pages/website after it has been altered by a client or any sub contractor of theirs where such license agreement has been agreed to by Treehouse consulting cc. Clients who commission web design work from Treehouse Consulting may distribute and transmit the work on-line on a hosting server under the following conditions: Attribution — The client must attribute the work in the manner specified by the author or licensor Treehouse Consulting cc (but not in any way that suggests that Treehuse Consulting cc endorses the client or their use of the work). The web pages contain embedded licensing metadata, including how the creator wishes to be attributed. You can use the HTML designed to display the work on-line. Doing so will also include metadata on your page so that others can find the original work as well. No Derivative Works — Clients may not alter, transform, or build upon the original web design work supplied. Cleints are not authorised to modify any code withour the explicit written agrement and authorisation of Treehouse Consulting. Under no circumstance will the copyright of any desing code automatically transfer ot any client - the HTML coding and desing of all our websites remain copyright of Treehouse Consulting cc. If Treehouse Consulting cc as the developer wrote original copy (textual content) for the web ite, then the copyright automatically remains that of the creator. Selling the copyright is an additional act, and exclsive use of copyright can be purchaced by any client - however no such copyriht is automatically transferred to any client unless specifically quoted for as an exclusive copyright design. The first legal owner of copyright is the person or organisation that created the work and not the person or company commissioning the design work, unless specifically agree to in writing. Where such license agreement is agreed to by Treehouse Consulting cc an additional fee will be charged for exclusive copyright use of the website design. Treehouse Consulting cc will remain the webmaster of all original on-line work we design,and host ; unless specifically agreed to otherwise in writing. Design © www.itworx.co.za will be displayed on all websites designed by Treehouse Consulting cc and this may not be removed. Copyright of all logos, photos, images, diagrams, graphics, product descriptions, trademarks supplied by the original authors remain that of the original author unless such copyright license has been specifically transferred to our client in writing. Treehouse Consulting cc accepts without liability; that all material provided by clients are provided to Treehouse Consulting cc in good faith, and that the client has been granted copyright license to use these elements trademarks etc on their website by the original authors of these elements - be it copy or graphic elements. Treehouse Consulting cc accepts no liability in this regard. Electronic Communication All communication with and from our domain is subject to the provisions and regulations as prescribed by Act No. 25, 2002 2 August 2002. Any breach, violation or abuse of electronic mail in terms of this Act may lead to legal prosecution to the fullest extent of the applicable laws. All legal proceedings will be in a South African court within the Western Cape Province selected by Treehouse Consulting. All rights not expressly granted in these Terms are reserved. top Treehouse Consulting cc PO Box 5275, Helderberg, 7135 Republic of South Africa Tel: 021 855-44-71 Mobile 082 407 9900 e-mail: sales at itworx dot co dot za SA Company Register No: ck 2001/044462/23 Updated 01-01-2011 |
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