Last updated: 2021-05-17
Welcome to Dbest Media (“Company”, “we”, “our”, “us”)!
These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website located at www.dbest.co.za (together or individually “Service”) operated by Dbest Media.
If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at firstname.lastname@example.org so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.
By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at email@example.com
If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Contests, Sweepstakes and Promotions
Some parts of Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles will be set depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Dbest Media cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Media@dbest.co.za customer support team.
A valid payment method is required to process the payment for your subscription. You shall provide Dbest Media with accurate and complete billing information that may include but not limited to full name, address, state, postal or zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Dbest Media to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Dbest Media reserves the right to terminate your access to the Service with immediate effect.
Dbest Media may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for Free Trial.
If you do enter your billing information when signing up for Free Trial, you will not be charged by Dbest Media until Free Trial has expired. On the last day of Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, Dbest Media reserves the right to (i) modify Terms of Service of Free Trial offer, or (ii) cancel such Free Trial offer.
Dbest Media, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Dbest Media will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
We issue refunds for Contracts within 15 days of the original purchase of the Contract.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.
By posting Content on or through Service, you represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.
Dbest Media has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of Dbest Media or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
0.1. In any way that violates any applicable national or international law or regulation.
0.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
0.3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
0.4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
0.5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
0.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
Additionally, you agree not to:
0.1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
0.2. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
0.3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
0.4. Use any device, software, or routine that interferes with the proper working of Service.
0.5. Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
0.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
0.7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
0.8. Take any action that may damage or falsify Company rating.
0.9. Otherwise attempt to interfere with the proper working of Service.
We may use third-party Service Providers to monitor and analyse the use of our Service.
No Use By Minors
Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Dbest Media and its licensors. Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Dbest Media.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to Media@dbest.co.za, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c) (3) for further detail):
0.1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
0.2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
0.3. Identification of the URL or other specific location on Service where the material that you claim is infringing is located;
0.4. Your address, telephone number, and email address;
0.5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
0.6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at Media@dbest.co.za.
Error Reporting and Feedback
You may provide us either directly at Media@dbest.co.za or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Dbest Media.
Dbest Media has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.
Disclaimer of Warranty
THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using Service.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of South Africa, which governing law applies to agreement without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
Changes to Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
Amendments to Terms
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
Waiver and Severability
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
Please send your feedback, comments, and requests for technical support by email: Media@dbest.co.za.
Dbest Media Terms & Conditions
All orders must be in writing, accompanied by sufficient information, including but not limited to an order number, contact person, valid e-mail address, delivery address and payment method.
All orders are subject to these Terms and Conditions, the general terms and conditions on the website and the Artwork Approval form’s terms and conditions (if artwork is applicable) and the Client will be bound whether these terms and conditions, were signed or not.
The Client will also be bound by these Terms and Conditions, the general terms and conditions on the website and the Artwork Approval form’s terms and conditions (if artwork is applicable), when purchasing any Dbest Media products via the Dbest Media website or entering personal details on the website or using the website in any way.
4.1 Dbest Media will provide an estimate date upon which the products will be ready once order has been confirmed. However, Dbest Media will not be liable for late delivery for which ever reason but will endeavour to meet the delivery date. All orders made before 9AM will be dispatched same day, all orders made after 9AM will be dispatched the next day.
4.2 Super Express: Subject to 3 above, delivery for super express orders is within 2 to 3 days, subject to the following conditions (Points 4.2.1 to 4.2.8).
4.2.1 All artwork has been approved by the Client and Dbest Media has confirmed receiving said approval in writing.
4.2.2 All payments owed to Dbest Media reflect in the Dbest Media bank accounts.
4.2.3 If either/both of these conditions have not been met, then the order will not be placed in the Dbest Media supply system.
4.2.4 The onus is on the Client to ensure payment has been made, regardless of verbal promises and to further confirm that Dbest Media is aware that payment has been made.
4.2.5 Proof of payment (with proper bank heading) may be used to show that payment has been made to Dbest Media
4.2.6 If proof of payment has been altered, forged or in any way tampered with, Dbest Media will be allowed to take legal action.
4.2.7 The 2 to 3-day time period for delivery of products starts once Dbest Media has confirmed that payment has been made and the Client has approved the artwork.
4.2.8 The 2 to 3-day time period refers to business hours. Business hours includes Monday to Friday but excludes public holiday and weekends (Saturday and Sunday).
4.3 Express Service: Subject to 3 above, all express service orders will be delivered within two 4 to 5 business days, subject to the following conditions (Points 4.3.1 to 4.3.8).
4.3.1 All artwork has been approved by the Client and Dbest Media has confirmed receiving said approval in writing.
4.3.2 All payments owed to Dbest Media reflect in the Dbest Media bank accounts.
4.3.3 If either/both of these conditions have not been met, then the order will not be placed in the Dbest Media supply system.
4.3.4 The onus is on the Client to ensure payment has been made, regardless of verbal promises and to further confirm that Dbest Media is aware that payment has been made.
4.3.5 Proof of payment (with proper bank heading) may be used to show that payment has been made to Dbest Media.
4.3.6 If proof of payment has been altered, forged or in any way tampered with, Dbest Media will be allowed to take legal action.
4.3.7 The 4 to 5 business days’ time period for delivery of products starts once Dbest Media has confirmed that payment has been made and the Client has approved of the artwork.
4.3.8 The 4 to 5 business days’ time period refers to business days. Business days include Monday to Friday but excludes public holiday and weekends (Saturday and Sunday).
4.4 Economy Service: Subject to 3 above, the economy service orders will be delivered within 6 to 7 business days, subject to the following conditions (Points 4.4.1 to 4.4.8).
4.4.1 All artwork has been approved by the Client and Dbest Media has confirmed receiving said approval in writing.
4.4.2 All payments owed to Dbest Media reflect in the Dbest Media bank accounts.
4.4.3 If either/both of these conditions have not been met, then the order will not be placed in the Dbest Media supply system.
4.4.4 The onus is on the Client to ensure payment has been made, regardless of verbal promises and to further confirm that Dbest Media is aware that payment has been made.
4.4.5 Proof of payment (with proper bank heading) may be used to show that payment has been made to Dbest Media.
4.4.6 If proof of payment has been altered, forged or in any way tampered with, Dbest Media will be allowed to take legal action.
4.4.7 The 6 to 7 business days’ time period for delivery of products starts once Dbest Media has confirmed that payment has been made and the Client has approved of the artwork.
4.4.8 The 6 to 7 business days’ time period refers to business days. Business days include Monday to Friday but excludes public holiday and weekends (Saturday and Sunday).
4.5 South African Manufactured Items: Subject to 3 above, all products manufactured by South African manufacturers are subject to 10 (ten) to 15 (fifteen) business days lead time for delivery, subject to the following conditions:
4.5.1 All artwork has been approved by the Client and Dbest Media has confirmed receiving said approval in writing.
4.5.2 All payments owed to Dbest Media reflect in the Dbest Media bank accounts.
4.5.3 If either/both of these conditions have not been met, then the order will not be placed in the Dbest Media supply system.
4.5.4 The onus is on the Client to ensure payment has been made, regardless of verbal promises and to further confirm that Dbest Media is aware that payment has been made.
4.5.5 Proof of payment (with proper bank heading) may be used to show that payment has been made to Dbest Media.
4.5.6 If proof of payment has been altered, forged or in any way tampered with, Dbest Media will be allowed to take legal action.
4.5.7 The 10 (ten) to 15 (fifteen) business days’ time period for delivery of products starts once Dbest Media has confirmed that payment has been made and the Client has approved of the artwork.
4.5.8 The 10 (ten) to 15 (fifteen) business days’ time period refers to business days. Business days include Monday to Friday but excludes public holiday and weekends (Saturday and Sunday).
4.6 The lead time on unbranded stock for South African products is between 48 to 72 hours.
4.7 The lead time for imported products with air freight is 30 to 45 working days and sea freight 75 to 90 days.
4.8 The lead time for artwork approval will take two (2) to three (3) working days, but is at all times subject to the provisions of paragraph 4 below.
4.9 Calculation of the lead times will not commence before cleared payment in the Dbest Media bank account has been received and it is subject to the following conditions:
4.9.1 The word \”cleared\” refers to visible and available funds in the Dbest Media bank account; should a payment be made by cheque or other unknown payment methods, a 10 (ten) working day delay may be expected. Payments need to be cleared before an order may be executed.
4.9.2 Should products be branded, Dbest Media may require full payment upfront.
4.9.3 No products will be released without full cleared payment in the bank account.
4.10 Dbest Media is hereby expressly indemnified from the quality or correctness of the product and the Client undertakes to accept the product as is when using the Super Express and Express Services.
4.11 Dbest Media in its sole and absolute discretion reserves the right to accept or reject the cancellation of any order as set out above.
4.12 A non-refundable deposit is to be paid when an order is placed. Should the order, after the placement thereof, be cancelled for whatsoever reason, and Dbest Media accepts such a cancellation (in its sole discretion), then Dbest Media shall be entitled to retain the non-refundable deposit as constituting a genuine pre-estimate of its damages and it is recorded that the parties acknowledge that said liquidated damages are proportional to the prejudice to be suffered by Dbest Media as a result of said cancellation. This paragraph does not prejudice any other right available to Dbest Media in terms of these terms and conditions or in terms of law.
4.13 Subject to paragraph 3N and O below, quotations remain valid for seven (15) days from the date of quotation.
4.14 All quotations are subject to the availability of input goods or services and subject to correction of good faith errors by Dbest Media, and the prices quoted are subject to any increase in the cost price including currency fluctuations to Dbest Media, before acceptance of the order and Dbest Media may adjust the quotations accordingly.
4.15 In the event of the Client disputing the amount of the cost increase in clause M above, the said amount may be certified by an independent auditor and such certificate shall be final and binding on the Client and the cost of such auditor will be for the Clients account.
4.16 Dbest Media shall not be responsible for flight or custom delays on imported items or exported products. Dbest Media cannot be held responsible for delays on delivery of goods, loss of goods or other damages caused to the goods for whatsoever reason including, but not limited to, the force majeure, war, civil riots, acts of terrorism within the Republic of South Africa or in the country where the goods are manufactured or dispatched from, or while in transit.
ARTWORK APPROVAL FORM AND DELIVERY NOTES
5.1 Artwork approval forms and delivery notes form part of these Terms and Conditions and is in no way severable from the remainder of the clauses of these Terms and Conditions.
6.1 No cancellation of orders will be accepted from Clients on account once final approval of artwork has been received.
6.2 The Client is to ensure that proof of payment has been received by its account consultant. Dbest Media does not take responsibility for missed deadlines if payment has not been confirmed with the account consultants.
6.3 As set out in points 3.B. through to 3.E. full approval of all artwork is required before any orders can be placed, delivery times are subject to when all required payments and approvals have been given to Dbest Media and all involved parties are satisfied with proceeding.
6.4 Delivery dates are quoted from the day after artwork approval and receipt of payment, whichever date is the latest.
6.5 Amendments made to artwork approvals will result in the delay of the delivery date. Should the Client require amendments Dbest Media will issue a new layout for final approval before production commences. (Amendments to layout can take up to one business day to generate.)
7.1 The buyer Client and/or Dbest Media at times utilizes the services of courier companies. The parties agree that the Dbest Media is not responsible for any damages or shortages due to the negligence or act of omission on the part of the courier. Delivery will be deemed to have occurred and liability will pass to the buyer Client when their appointed courier collects the goods at Dbest Media premises in Pretoria. Should the Client request that Dbest Media transport the goods to the Client at an address nominated by the Client, it shall be deemed that Dbest Media is acting as an agent for the Client in affecting such transport and it shall be deemed that delivery and associated risk shall have passed to the Client at the Dbest Media premises in Pretoria or Cape Town as soon as the goods are loaded for delivery.
SPECIAL IMPORT SAMPLE POLICY
8.1 Dbest Media does not hold stock of samples. All samples need to be purchased as per normal orders stated above and may not be returned for credit or refund at any stage, this order process includes a R100 handling fee.
Subject to the conditions, Dbest Media determines that they will not accept returned products. Any acceptance of returned products is at the sole and absolute discretion of Dbest Media, and subject to the following conditions:
9.1 No claims will be recognised and/or accepted if made later than seven (7) days after receipt of the goods in writing by the Client.
9.2 Dbest Media will under no circumstances accept branded goods, nor be responsible for the quality and correctness of the artwork.
9.3 Goods will not be deemed refundable if instructions have not been followed.
9.4 No returns will be accepted on imported and custom manufactured items.
9.5 All returns on unbranded stock will be subject to a 30% handling fee.
9.6 All costs resulting from transport of returned goods will be for the account of the Client.
FAILURE TO TAKE POSSESSION
10.1 Should the client Client/buyer fail to take possession of the product within 60 (sixty) days after notice have been given in writing by Dbest Media that the product is ready for collection, Dbest Media will be entitled to sell the product without any further notice to recover damages or expenses incurred and the Client will have no claim against Dbest Media in this regard.
11.1 Dbest Media shall use its best endeavours to ensure that the information or use of the Website, alternatively other marketing material used shall not lead to any damage to the Client and any use of the Website or marketing material shall be at the Client’s discretion and/or risk.
11.2 Whilst Dbest Media shall take every care to ensure that all reasonable efforts are made relating to the quality of products and services, such products and/or services can be affected by factors outside Dbest Media control, but accepts no liability save as stated herein.
11.3 No guarantee is given as to the suitability of goods sold for any particular purpose, the Client must satisfy itself as to the suitability of goods for the purpose for which these goods are required prior to the purchase or same from
11.4 Dbest Media liability for any goods, which may be proved to be defective, shall be limited to replacing the defective goods or, at the Client’s discretion, passing a credit note for the amount equivalent to the purchase price of the goods. In no circumstance will Dbest Media be responsible for any consequential damage of any nature, which may arise out of the goods being defective in any way whatsoever.
11.5 In so far as products supplied may be hazardous and/or unsafe it is recorded that the Client undertakes to consider, read and obey any and all notices displayed on or supplied with said packaging, and the Client further undertakes and acknowledges not to use said products in a manner
11.6 other than directed. The Client herewith agrees to and hereby indemnifies Dbest Media against any and all claims, liabilities, losses, cost, fines, damages, and expenses incurred (whether directly or indirectly), arising as a result of the fact that Dbest Media has acted on the Client’s instructions or instructions which purport to emanate from the Client.
11.7 It is recorded that the Client is notified of the fact that clauses 11.1. through to 11.7. are aimed at limiting the risk of Dbest Media and/or constitutes an assumption of risk and/or liability by the Client and that the content of said clauses are drawn to the attention of the Client. It is, further, recorded that the Client was afforded an opportunity to consider the applicable notification, considered same and is prepared to conclude the agreement with Dbest Media subject to said conditions.
11.8. Card acquiring and security Card transactions will be acquired for Dbest Media via PayFast (Pty) Ltd. PayFast is a leading online payment processing solution for individuals, NPOs and businesses of all sizes in South Africa. PayFast uses the strictest form of encryption and no Card details are stored on the website. Users may go to www.PayFast.co.za to view their security certificate and security policy.
11.9. Customer details separate from card details Customer details will be stored by Dbest Media separately from card details which are entered by the client on PayFast’s secure site. For more detail on PayFast refer to www.PayFast.co.za.
12.1The Client hereby warrants that all the information and instruction provided by the Client is accurate, true and complete in all respects.
12.2 Any waiver of rights by Dbest Media or the Client in terms of these Terms & Conditions must be in writing to be effective. No failure or delay on the part of Dbest Media or the Client in exercising any right or remedy under these Terms & Conditions will operate as a waiver of that right or remedy.
12.3 The Client may not delegate any rights or obligations in terms of these Terms & Conditions without the prior written consent of Dbest Media.
A reasonable time frame in this manner will constitute at least 12 business hours before delivery of the first item has been started.
12.6 The website is owned and operated by Dbest Media. all elements of the website, including but not limited to the images, text, databases, icons, hyperlinks, software, private information, photographs, graphics, illustrations, artwork, design, names, logos and trademarks (collectively, the “content”), are protected by copyright, trademark, design and other South African and international laws relating to intellectual property.
12.7 The client may download, view and print content from the website for private and non-commercial purposes. No portion or element of the website or the content contained thereon may be reproduced or transmitted via any means. The website, its content and all related rights shall remain the exclusive property of Dbest Media.
12.8 Email addresses, names, telephone numbers and fax numbers appearing on the website may not be incorporated into any database or used for any marketing or other purposes whatsoever.
12.9. Responsibility: Dbest Media 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
13.1 All payments made to Dbest Media must be made before an order will be placed and all payments are subject to the terms set out within these Terms & Conditions document.
13.2 It is the Client’s responsibility to ensure that the payment reflects in the Dbest Media bank account.
13.3 Upon written approval in Dbest Media sole discretion, a valid proof of payment may be used to continue the ordering process where payment may be delayed. If Dbest Media in its sole discretion concludes that proof of payment is not valid the order will only commence once payment reflects in the Dbest Media accounts.
13.4 It is known that certain banks require an allotted amount of time for money to be successfully transferred. As such Dbest Media has allotted the following amount of business hours for each of the following payment methods into the Dbest Media accounts, subject thereto that the hours are an estimate only and the Client may not rely on such hours or hold Dbest Media bound to such hours and as such it remains the Clients sole responsibility to ensure that payment is received in the Dbest Media bank account and that Dbest Media is made aware thereof:
Absa Bank: Payment may take up to two (2) to three (3) hours to reflect, subject to the amount that is being transferred.
First National Bank (FNB): Payment may be immediate but is still subject to one (1) to two (2) hour delays, subject to the amount that is transferred.
III. Nedbank: 24 (twenty-four) hours are required for a payment from Nedbank to reflect in the Dbest Media accounts, regardless of amount. An instant payment may be made using the banks functions, but this may still take up to three (3) hours to reflect.
Standard Bank: It can take up to 48 (forty-eight) hours for money transferred from Standard Bank to reflect in the accounts of Dbest Media.
Other Payment Methods: It is the judgment of Dbest Media and its financial managers on which payment methods other than those listed in the Terms & Conditions will be accepted and the time required to confirm a payment has been made.
13.5 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).
13.6. Payment options accepted Payment may be made via Visa and MasterCard
DISPUTE RESOLUTION AND JURISDICTION
Should any dispute or proceedings arise in connection with any matter related to these Terms and Conditions, the Client and Dbest Media consent to the jurisdiction of the Magistrate’s court having jurisdiction, not-withstanding that such disputes or proceedings are otherwise beyond its jurisdiction. Dbest Media and the Client nevertheless have the right to institute action in any other competent court.
In the event of the Client being a juristic person, the signatory hereby binds himself as surety and co-principle debtor jointly and severally for the full amount due to Dbest Media by the Client and agrees that this agreement will apply in the same way to him/her.
These Terms and Conditions will be governed by and construed in accordance with the laws of the Republic of South Africa, without giving effect to any principles of conflicts of laws.