Definitions in context

• “Domain” refers to the web address at the registrar of domain
• “Platform” refers to a website, social media or system.
• “Hosting” refers to the total date space allocated or available on a server for the domain name
• “Update time” is the allocated monthly time that can be utilised for updates on a website.
• “Hosting package” is the combination of hosting, update time and additional services as agreed in writing.
• “Disc Space” packages are available in predetermined quantities (eg. 2 Gig, 5 Gig ect.) of data space reserved for the Client within the hosting package on the LDP Digital server.
• “FTP access” (File Transfer Protocol) is “Hosting Space” inclusive of “Disc Space”, independent of the monitoring and or control and or responsibility on the part of LDP Digital.
• “Files” is a collection of data stored in one unit, that is identified by a filename. It can be a document, picture, audio or video stream, data library, application, or any other collection of data.
• “POP3” refers to the method used where emails are downloaded from the mailbox on the server.
• “IMAP” refers to the method used where emails are synced between devices and the mailbox on the server.
• “Assistance fee” is an hourly fee charged for assistance provided whether the assistance has been provided onsite or remotely.
• “Stock images” refers to images that are professionally designed or photos that are professionally taken that are purchased on a royalty-free basis.
• “Premium plugins” are plugins that are purchased to add additional functionality to a website.
• “E-commerce” refers to a commercial transaction conducted electronically on the internet.
• “Payment gateway” refers to the platform used to facilitate electronic payment on the internet.
• “Search engine” is a program that scans for and identifies items in a database based on keywords or characters specified by the user, to present the user with websites pages that are related to the keywords or characters specified.
• “Software” refers to programs and operating information used by a computer or server to perform a specific transaction.
• “Online system” is a system hosted on a server that can be accessed from anywhere via an internet connection. The system is developed to perform specific routine or programmed actions to manage data.
• “Database” is structured data and information stored on a server that is accessed by websites and online systems.
• “Cloning” is the process in which an identical copy is made.
• “The Responsible Party” means the party utilizing personal information belonging to another party (“the Data Subject”).
• “The Data Subject” means the party whose personal information is utilized by the Responsible Party.
• “The Personal Information” means the information of a Data Subject where it is relating to an identifiable, living, natural person and where applicable, an identifiable, existing juristic person as more fully defined in the definitions of the Act.
• “Direct marketing” is marketing performed by directly contacting the data subject by means of SMS, email, whatsapp, telephonically or any other means in which contact is made.
• “Indirect target marketing” is the method used to target specific people or audiences by feeding personal information to a marketing platform that creates an audience to achieve specific marketing objectives.

1. Domains

1.1. Domain administration

1. 1.1.1. Upfront payment needs to be done before a domain registration or renewal will be done. Consequently, should a Client not pay the annual renewal fees timeously, the domain name will be set to expire and the Late-payment clause below will be triggered.
2. 1.1.2. LDP Digital reserves the right to change the quoted price accordingly for domain registration should the domain be classified as a premium domain. This increase is beyond LDP Digital’ control as it is determined by the registrar of domains.
3. 1.1.3. All domain registrations will be subjected to the registrar’s terms and conditions.
4. 1.1.4. LDP Digital will not be liable, whatsoever should a domain name become unavailable during the registration process.
5. 1.1.5. By requesting a domain name registration, the Client accepts full responsibility for any legal claims that might arise. Also refer to the Liability clause. It remains the responsibility of the Client to ensure that it is within their rights to register and use the domain name. LDP Digital is hereby indemnified for any domain registered on behalf of a Client.
6. 1.1.6. The domain is registered in the Client’s name if the Client’s information is available at the time of registration. The contact information of LDP Digital will be used instead of the Client’s at the Registrar’s database. This is done to protect the Client against fraudulent attempts. LDP Digital will be registered as the administrator of the domain.
7. 1.1.7. LDP Digital reserves the right to refuse a domain transfer request if the Client’s account is not paid in full. Legal action will be taken by LDP Digital in the event where the domain is transferred away from LDP Digital while there are still fees outstanding or if there are any other standing agreements between the two parties.

2. Website and email hosting

1. 2.1. All hosting packages are on a month to month basis, unless a minimum period has been stipulated in the agreement. See the Cancellation clause for more information on the cancellation procedure.

2.2. Hosting during website development

1. 2.2.1. The Client will be responsible to pay the monthly website hosting fee while the website is being developed. The hosting fee might be adjusted after the completion of the website, depending on the agreed hosting package.

2.3. Update Packages

1. 2.3.1. The following will be applicable to hosting packages with update time. The time allocated to the package is only available to be used for that month and is not carried over to the next month and is not accumulated. The update time can only be used for:
2. 2.3.1.1. Updates to existing content on the website.
3. 2.3.1.2. Adding a new blog or article where a blog or article section already exists on the website.
4. 2.3.1.3. Assistance with e-Commerce errors.
5. 2.3.1.4. Editing or adding of e-Commerce products.
6. 2.3.1.5. Work agreed upon in writing and approved by management.
7. 2.3.2. The following is not included in the update time, but not limited to:
8. 2.3.2.1. Creating new pages.
9. 2.3.2.2. Development of additional features.
10. 2.3.2.3. Changes or development that requires coding on the website.
11. 2.3.3. Work that is not covered by the update time will be invoiced separately.

2.4. Hosting package changes

1. 2.4.1. Clients are welcome to request a hosting package change at any time. Hosting package inquiries or change requests need to be submitted via email to scale@ldp.digital. However, hosting packages can only be changed once in a 3 month period.

2.5. Disc Space

1. 2.5.1. All hosting packages have a disc space threshold (eg. 2 Gig, 5 Gig ect.). The hosting services will not be suspended when the threshold has been exceeded, but the Client will automatically be invoiced according to the following disc space package morefully recorded in annexure A, which is deemed to be part of this contract. There is no pre-warning when the threshold has been exceeded. The Client may request their current disc space usage by sending a request to scale@ldp.digital. Also refer to Clause 10 Payment clause.

2.6. Additional Security

1. 2.6.1. The hosting package does not include advanced security or firewall protection. Advanced website and hosting protection is available on request. This service may result in additional costs.

2.7. FTP Access

1. 2.7.1. The Client may request FTP access. LDP Digital reserves the right to refuse access. In the case where FTP access has been given, the Client takes full responsibility for the effective working of the hosting. LDP Digital will not be held responsible for any loss that may occur of whatsoever nature. Notwithstanding anything herein or elsewhere contained, where FTP access interferes with the settings, files, functions of the server the assistance will be billable per hour regardless if the error occurred due to a server malfunction or not. The Client regards this as reasonable as FTP access enables the Client to change the server settings and or files without LDP Digital knowledge.

2.8. Email hosting

1. 2.8.1. The service provided is to store and send emails sent to and from the email account and to make the emails available to be downloaded by the Clients to their devices by making use of their prefered software. The functioning, settings and device security, remains the responsibility of the Client. LDP Digital will not be held liable where the device has failed to retrieve emails from the server due to, but not limited to, internet connection failure, incorrect settings, or security software. LDP Digital can assist to resolve issues that arise, provided that the Client will be responsible for the assistance fee as well as any other cost that might occur.
2. 2.8.2. This service will only be deemed faulty when emails can not be retrieved from the server or sent to the server due to an error on the server. In this case LDP Digital will restore the service at no additional cost to the Client unless the Client has been granted FTP access, in which event billing will occur as recorded in FTP Access clause 2.7.
3. 2.8.3. LDP Digital provide email hosting with anti-virus and anti-spam scanning. This does not guarantee that no phishing, spam, virus infected or any other dangerous email will not be received by your email software. It is the responsibility of the Client to have sufficient protection software on their device. LDP Digital will not be liable, whatsoever for any loss caused by emails received.
4. 2.8.4. Emails that are set up to download as a POP3 are automatically deleted from the server at the time specified by the email software used by the Client. This time is not controlled by LDP Digital, but by the setting on the Client’s device. The only copy of emails is on the Client’s device. It is the responsibility of the Client to ensure that there are sufficient backups. There is no backup of the emails that have already been downloaded by the Client through POP3 on the server, should a failure occur on the Client’s device.
5. 2.8.5. Emails that are setup to synchronize (“sync”) on the server as an IMAP will have a synced copy of the mails on the server. Mailboxes are set up as an IMAP on the Client’s request. This method will result in a higher disc space usage on the server and additional costs might occur. The emails on the server are not guaranteed due to various factors that can not be controlled by LDP Digital. Emails that are deleted on the Clients device will also be deleted on the server. Emails can also be lost due to settings that are changed by the Client or a person instructed by the Client or email accounts being set up incorrectly. It is advised that the Client contact LDP Digital to assist with the setup of emails on a computer or any other device. Always keep an up to date backup of emails to reduce the probability of losing emails.
6. 2.8.6. LDP Digital will not be liable, whatsoever for any losses caused by the downtime of the server or the Client’s device, but will assist to restore the service. The Client will be responsible for the assistance fee as well as any other cost that might occur if the fault was not on the server hosting the email accounts. Also see the Assistance clause 5 and FTP Access clause 2.7.
7. 2.8.7. The password of a mailbox will be automatically changed in the case where it is suspected that a mailbox has been hacked. The mailbox will be inaccessible by the Client until the password has been updated on all devices. No emails will be lost during this time as the mailbox remains active to receive emails. It is the Client’s responsibility to ensure that none of the devices have Malware infections and that the devices that have been affected are immediately attended to. Failing to attend to those devices will cause the mailbox password to be automatically changed again. Additional charges may apply should the problem occur more than 3 times in a month regardless of the device or mailbox that has been affected.

3. Website design

1. 3.1. The designing & development cost of each website will be individually determined. No work will commence until the quote has been accepted and a 50% deposit of the website designing cost has been paid.
2. 3.2. The website development will be scheduled after payment is received. The Client needs to ensure that all content required is sent to LDP Digital before the scheduled start date. Failing to have the content ready will result in scheduled time being cancelled. The development of the website will be rescheduled only after the content has been received. The rescheduling might result in additional delays depending on current workload, for which LDP Digital will not be responsible.
3. 3.3. The website will be presented twice to the Client and changes to the websites will be done as part of the development. Any change requests after the second presentation will become billable per hour or as per agreement.
4. 3.3.1. Variation ordered by the Client after the second set of changes will be billed additionally.
5. 3.4. The website will be deemed completed once the original specifications have been carried out. All requests that are not included in the agreed specifications will be additionally billable.
6. 3.5. Changes to the specifications or the adding of additional features to the website might result in additional cost.
7. 3.6. The remaining balance of the original specifications will be due once the website has been deemed completed. Costs due to additional specifications will be due upon completion of the specifications or as per agreement. The payment may not be delayed due to a delay in the launch of the website. The website will not be launched until the account has been paid in full or as per agreement.

3.7. Stock Images

1. 3.7.1. The purchase of stock images are not included in the website design costing and will be invoiced separately. Where possible a sample image will be downloaded and used for display purposes only. The website can not be launched until the stock image has been purchased and the sample image replaced.

3.8. Premium plugins

1. 3.8.1. Premium plugins are used to add advanced features to a website. The purchase of premium plugins are not included in the website design costing and will be invoiced separately.

3.9. E-Commerce website development

1. 3.9.1. LDP Digital will only load 10 products on the website, unless otherwise agreed in writing.
2. 3.9.2. The Client is responsible to create a payment gateway account and to provide the required information to LDP Digital for the implementation.
3. 3.9.3. The Client needs to make the required arrangements with the preferred courier company that will be handling the delivery of products purchased. The delivery rate for each purchase needs to be calculated and information handed to LDP Digital.

3.10. Launch of the website before completion

1. 3.10.1. The Client may request that the website is launched before the website has been fully completed. A list of outstanding development tasks will be sent to the Client. The website will be launched only after the full development cost has been paid, regardless of the work that still needs to be completed. LDP Digital commits to complete the website as per list of outstanding work without additional charges except where the work requested is not part of the outstanding work list or if the development delay is longer than 6 months. LDP Digital reserves the right to submit a new quote for the outstanding development if the aforementioned delay has been exceeded. The Client will be liable to pay the invoiced difference. This does not give the Client the right to have continuous changes done. LDP Digital may at their discretion bill for work done that does not fall within the agreement of the development specification.
2. 3.10.2. The hosting package will also change as per original agreement, despite that the website may have been completed.

3.11. Search engine optimisation

1. 3.11.1. Websites are designed with the aim to promote search engine results. LDP Digital do not guarantee search engine acceptance or ranking of any website on any search engine.

3.12. Website design discount

1. 3.12.1. The following will apply in the case where the discount was granted for the design of the website based on the condition that the hosting is done through LDP Digital. This discount is only valid if the website is hosted through LDP Digital for a minimum period of 12 months. In the latter event the Client will forfeit the discount should the Client request that the hosting is moved away from LDP Digital before the end of such period. The Client will therefore remain liable to pay all outstanding fees and the discount that was granted. Failing to pay the outstanding amounts as specified will result in legal action being taken.

4. Website maintenance

1. 4.1. Website change requests need to be emailed to scale@ldp.digital. LDP Digital aims to have the request completed within 3 working days, or as per agreement.
2. 4.2. Website maintenance will be done as per agreement between LDP Digital and the Client. Changes that are not included in the agreement or hosting package, will be billed per hour, or as per agreement. LDP Digital may request payment before any changes will commence.

5. Assistance

1. 5.1. Assistance relating to email accounts and websites are available. LDP Digital can assist Clients remotely via remote assistance software, at the Client’s premises or at LDP Digital’ office. All assistance offered will be billed per hour. This service is billed at a minimum duration of 30 minutes for remote assistance and 1 hour for onsite assistance.
2. 5.2. In the event where other problems need to be corrected on the device that are not related to email accounts settings or websites, LDP Digital will at their discretion attempt to correct the problem identified, or recommend that the device is attended to by an IT company.
3. 5.3. LDP Digital will not be liable, whatsoever for the loss of information or any additional cost that may occur while working on any device.
4. 5.4. LDP Digital will not be liable, whatsoever for any loss or damage of equipment or device that is taken to a third-party company to repair or work on such equipment / device. In the case where LDP Digital pays a third party company on behalf of the Client for the services rendered, the Client will pay the full amount to LDP Digital before the equipment / device will be delivered.
5. 5.5. LDP Digital will not be liable, whatsoever for any warranties, guarantees or losses in regards to the repair work done or the supply of new or used equipment, where that work and/or equipment has been provided by a third party company. Assistance will be provided in resolving the matter with the thirst party supplier as far as reasonable. LDP Digital will aim to connect the Client with the third party company so that the matter can be resolved between them. Additional costs may occur for such assistance.
6. 5.6. LDP Digital prefers, in its sole discretion, not to deal with any third party company for service or supply on behalf of our Clients.

6. Marketing

1. 6.1. LDP Digital provides marketing services on several platforms. Though LDP Digital cannot guarantee specific results, we proactively seek to provide high quality advice, services and systems that maximize the Client’s return on advertising spending.
2. 6.2. LDP Digital makes no representations or warranties in respect of results of training, training services, marketing services, including, without limitation, the number of impressions, click-throughs, hits, visits to promotional material, leads, conversions and any promotional effect, or return on investment thereon;
3. 6.3. LDP Digital will not be liable, whatsoever for any losses, damages or penalties arising from this agreement, and the implementation thereof.
4. 6.4. LDP Digital will not be liable for the suspension or cancellation of any social media account or any other account used during the process.

7. Online Systems

1. 7.1. LDP Digital develop and maintain online systems to assist businesses to manage and process data.

7.2. Domain

1. 7.2.1. The system will be hosted on the designated domain as assigned by LDP Digital. The system will not be hosted on a domain owned by the Client.

7.3. Hosting

1. 7.3.1. All system hosting packages are on a month to month basis and can be cancelled at any time, unless a minimum period has been stipulated in the agreement.
2. 7.3.2. The system will be hosted by LDP Digital due to specific server requirements that will ensure that the system performs at an optimum level. The hosting fee does not include any changes, updates or maintenance.

7.4. Development

1. 7.4.1. The development cost of each system will be individually determined. No work will commence until the quote has been accepted and a 50% deposit of the system development cost has been paid or as per agreement.
2. 7.4.2. The system development will be scheduled after payment is received. The estimated completion date will be given, based on the system specification, but LDP Digital do not commit to having the system completed by the estimated date.
3. 7.4.3. The system will be presented to the Client at strategic stages of the development.
4. 7.4.4. Changes to the specifications or the adding of additional features to the system might result in additional cost.
5. 7.4.5. The full amount of the designing cost needs to be paid before the System will be launched.
6. 7.4.6. The system will be deemed as completed once the original specifications have been completed. All requests that are not included in the development specifications are handled as system changes or upgrades.

7.5. System changes and upgrading

1. 7.5.1. System change requests need to be submitted to scale@ldp.digital. The changes will be billed per hour or as per quote depending on the agreement.
2. 7.5.2. Where the system provided needs to be upgraded due to a change or new product, LDP Digital will bill these upgrades on an hourly basis.

7.6. FTP and database access

1. 7.6.1. No FTP and database access will not be given for any system. FTP and database access will only be given to authorised personnel at LDP Digital.

7.7. System subscription cancellation

1. 7.7.1. All cancellation requests need to be sent to scale@ldp.digital. Cancellation can take up to 5 working days to be processed and should only be regarded as cancelled after confirmation of cancellation is received by the Client from LDP Digital.
2. 7.7.2. No refund or partial refund will be done on system hosting fees when cancelled before the end of the month.
3. 7.7.3. The system will be available until the end of the current paid hosting period. It is the Client’s responsibility to ensure that all the data has been downloaded before the end of the hosting period. No FTP or Database access will be given for any system.
4. 7.7.4. All data will be deleted after the cancellation date.

8. Copyright, Intellectual property and Registered trademarks

1. 8.1. The Client shall comply with all Copyright, Intellectual property and Registered trademark laws.
2. 8.2. LDP Digital will not be liable, whatsoever for any material received from the Client that is legally protected. The responsibility for such material stays with the Client to ensure that the material they provide is not protected by any law. Where material provided by the Client is protected by law, LDP Digital will not be liable, whatsoever for any legal costs that may occur. The Client will be informed in the case where an intellectual property breach has been received. LDP Digital will at their discretion decide whether the website will be removed from the public domain until the breach has been resolved. During this time the Client stays responsible to pay all fees as previously agreed.
3. 8.3. The Client will be responsible to cover all LDP Digital costs that occur during this legal action including the labour, travel or any other costs due to the legal action taken.

9. Information update

1. 9.1. It remains the Client’s responsibility to ensure that their information is up to date. All changes in company information, contact details and address need to be sent to scale@ldp.digital. LDP Digital will not accept any liability for any damage or loss caused by important communications not received by the Client due to incorrect contact information.

10. Payments

1. 10.1. LDP Digital operate on an upfront business model, meaning that no work will commence until the advised upfront amount is paid, or if the requested full amount has been paid. Accounts are payable via EFT, cash or cash deposit.
2. 10.2. An additional admin fee will be added to the Client’s account in the case of
3. 10.2.1.1.1. Cash payments
4. 10.2.1.1.2. Cash deposits (bank cashier or ATM)
5. 10.3. The following billing cycles are available:
6. 10.3.1.1.1. Monthly
7. 10.3.1.1.2. 3 monthly
8. 10.3.1.1.3. 6 monthly
9. 10.3.1.1.4. Yearly
10. 10.4. Disc over usage is recorded as explained in Clause 2.5 and billed monthly. In the case where the client is billed 6 monthly or yearly the disc over usage will be billed on 3 monthly cycles.
11. 10.5. Special payment arrangements need to be emailed to scale@ldp.digital and approved by management in writing. Certain arrangements may be subjected to additional charges.

11. Cancellation

1. 11.1. All cancellation requests need to be sent to scale@ldp.digital. Cancellation can take up to 5 working days to be processed and should only be regarded as cancelled after confirmation of cancellation has been received by the Client from LDP Digital.
2. 11.2. No refund or partial refund will be done:
3. 11.2.1. On domain registration or renewal fees where the domain is cancelled before the end of the annual renewal period.
4. 11.2.2. On domain hosting fees when domain hosting is cancelled before the end of the month.
5. 11.3. A domain transfer request will be approved once the Client’s account is paid in full. If the account is not paid in full, LDP Digital reserves the right to decline the domain transfer request until such time that the account has been paid up.

11.4. Cancellation of website during development

1. 11.4.1. All Website designing deposit refunds will be calculated at the sole discretion of LDP Digital, based on the work done, and costs that have occurred. No deposit will be refunded after the website design has started.
2. 11.4.2. The Client will be responsible for the full development cost as per quote should the website development be cancelled at the stage where the website is ready for the first presentation or if the Client has viewed the website.
3. 11.4.3. In the event that the Client is placed in liquidation / insolvency / business rescue, LDP Digital shall not be obliged to refund any fees paid, nor to provide further services unless the administrator of the Client’s estate shall make contact in writing with LDP Digital for the continuation of the contract on terms suitable for both parties. LDP Digital reserves its right to discontinue the contract.

11.5. Cloning of the website

1. 11.5.1. The Client may request a cloned copy of the website, if the Client’s account has been paid in full. LDP Digital will assess the website to determine if a clone will be possible. LDP Digital may refuse to assist with the cloning if they are of opinion that the cloning cannot be done. In this case FTP access will be provided to the Client. The Client needs to ensure that the website content has been copied before the end of the paid hosting period. All services will be cancelled, and the hosting, with all the content thereof shall be deleted as at the cancellation date.
2. 11.5.2. It is the Client’s responsibility to arrange for additional time before the cancellation date is reached should more time be required.
3. 11.5.3. This service will be billed per hour. The estimated cost needs to be paid before the cloning will be done. The Client will be responsible to pay for any additional time used or cost that might occur before the cloned site will be handed over.
4. 11.5.4. After cloning by LDP Digital the transfer thereof to another server is not controllable by LDP Digital. LDP Digital will not refund any payment made should the cloning of the website fail. LDP Digital do not guarantee the cloned files or accept any loss in content or the failure during the deployment of the website on the new hosting. LDP Digital will not provide assistance to deploy the website on the new hosting.

12. Non-payments

1. 12.1. It is expected of the Client to make arrangements with LDP Digital when the payment will not be made before the due date.
2. 12.2. All services of accounts not paid before the sixth of each month will be suspended, unless an alternative payment agreement has been made in writing and such agreement has been approved by LDP Digital’ management.
3. 12.3. Actions taken with suspended accounts:
4. 12.3.1. The website will be disabled.
5. 12.3.2. All email boxes will be disabled. This means that no emails will be received or sent by the server during this time.
6. 12.3.3. Marketing campaigns will be stopped.
7. 12.3.4. The Client will remain responsible for the cost that occurs during the suspension period as the hosting is not cancelled at this time, but only disabled.
8. 12.4. The services will only be reinstated after the connection fee and all outstanding amounts have been paid including fees that occurred during the suspension period, admin fees and any additional labour fees. The reinstatement of services can take up to 3 working days.
9. 12.5. The services will be cancelled if the Client is in default of full payment on a further occasion. The account will be handed over for legal action. The Client will be liable for all costs (including all attorney and own Client costs, and court costs) incurred in the process. For this purpose, where legal costs are collected in South Africa, the High Court tariff plus 20% shall define the attorney and own Client cost calculation.
10. 12.6. The following will be automatically deleted with the cancellation of the hosting:
11. 12.6.1.1. The website, content and files stored on the server.
12. 12.6.1.2. All emails on the server.
13. 12.6.1.3. Server backups.

12.7. Non-payment during development

1. 12.7.1. The Client is responsible to pay the hosting fee as per agreement during the development of the website. Should the Client fail to pay the hosting, the non-payment clause will be triggered and the hosting will be suspended. This will prevent access to the website and no further development will be possible until the hosting has been paid. LDP Digital will postpone the development of the website and reschedule the development only after the payment has been made and services have been reinstated.

12.8. National Credit Act 34 of 2005 (“NCA”) & Incidental Credit

1. 12.8.1. In the event of the NCA being applicable, interest will be charged on accounts that are more than 20 working days overdue. The interest rate will be 2% per month calculated on the total amount outstanding on the account.

13. Price increases

1. 13.1. All pricing is evaluated on a yearly basis and adjusted accordingly.
2. 13.2. Circumstantial increases may also occur in the case where supplier pricing changes or the costing structure of a service changes.
3. 13.3. Services provided that are linked to foreign currencies are adjusted on a monthly basis.

14. Privacy policy

14.1. Personal Information

1. 14.1.1. LDP Digital will collect personal information from clients for billing, communication, direct marketing, indirect marketing and to enable us to serve you the Client. There will be an option on promotional communication to unsubscribe. Through the acceptance of our Terms and Conditions the Client authorises LDP Digital to send out communications and promotional communication until the Client unsubscribes from such communication.
2. 14.1.2. Your personal information will not be shared or sold to any third party.
3. 14.1.3. Personal information is collected from the following sources:
4. 14.1.3.1. Directly from the data subject by completing a form or sent via an electronic medium.
5. 14.1.3.2. Completing an online system form.
6. 14.1.3.3. A website form completed by the data subject.
7. 14.1.3.4. Online marketing campaign form completed by the data subject on a sosial media platform.
8. 14.1.4. The personal information collected will be the minimal personal information as required at that time for the processing that is required. Further personal information will only be requested at the time that is required for specific processing.
9. 14.1.5. By completing and submitting you authorise LDP Digital to send out to you communications and promotional communication until you unsubscribe from such communication.
10. 14.1.6. This information collected can be deleted from our database by sending a request to scale@ldp.digital. This request will be honoured within 5 working days of receipt of the request. An email notification will be sent upon completion of the request.

14.2. Data Processing on websites and systems

1. 14.2.1. Only authorised personnel have access to personnel information. The information stored will not be shared or sold to any 3rd party.
2. 14.2.2. It remains the Client’s responsibility to comply with all regulations regarding the handling of the information and data, i.e. the Client is responsible for their own data and handling of such and to comply with the Protection of Personal Information Act.

15. Protection of Personal Information (“the Act”)

To protect the personal information of the Data Subject, whilst at the same time, permitting the Responsible Party to utilize the personal information for purposes of giving effect to this contract, the following is agreed to, namely:

1. 15.1. the Responsible Party recognizes the Data Subject’s right to privacy in the utilization of the personal information, and this means that the Responsible Party may not:
2. 15.1.1. unlawfully collect the personal information,
3. 15.1.2. unlawfully retain the personal information;
4. 15.1.3. unlawfully publish or disseminate the personal information;
5. 15.2. The Data Subject hereby consents [in terms of section 11 and 14 of the Act] to the Responsible Party storing and Utilizing the Personal Information [section 14] for purposes of:
6. 15.2.1. entering into this contract, and;
7. 15.2.2. administration and carrying out of the terms and conditions hereof, and;
8. 15.2.3. utilizing the personal information inasmuch as it is necessary for the Responsible Party in performing in terms of this contract.
9. 15.2.4. utilizing the personal information for direct and indirect target marketing
10. 15.3. The agreed consequences of the above, are that inasmuch as the Data Subject requires the Responsible Party to provide and perform services, as more fully set forth herein, together with ancillary results as may flow therefrom;
11. 15.4. Recognizing that the Responsible Party provides Internet-based products and services for the benefit of the Data Subject, the personal information will therefore be made publicly available by arranging and placing the personal information in such a way that it appears on the Data Subject’s digital platform (eg. Your website , social media or system etc), whether created by the Responsible Party or otherwise.;
12. 15.5. The Data Subject recognizes that by making personal information available on the Data Subject’s platforms, it is the Data Subject that is disseminating that personal information and not the Responsible Party;
13. 15.6. in circumstances where the responsible party is disseminating personal information on behalf of the Data Subject (for example in a marketing or other campaigns) the Responsible Party disseminates the personal information as the authorized agent of the Data Subject;
14. 15.7. it is therefore imperative, that the Data Subject is intimately familiar with the goods and services provided by the Responsible Party prior to allowing dissemination thereof, as dissemination by the Responsible Party is carried out in terms of section 27(1)(e) of the Act;
15. 15.8. The Data Subject consents to the Responsible Party retaining the personal information in circumstances where it is reasonably required for lawful purposes relating to the functions or activities of the Responsible Party,
16. 15.9. The Data Subject has the right:
17. 15.9.1. to be notified when personal information is being collected, whether directly or indirectly from other sources;
18. 15.9.2. to request that personal information be destroyed or deleted [section 24];
19. 15.9.3. to require access to his/her/its personal information;
20. 15.9.4. to object to the utilization of the personal information;
21. 15.9.5. to object to the utilization of the personal information for direct or indirect marketing purposes, other than is allowed by law and/or is allowed in terms hereof;
22. 15.9.6. to withdraw personal information which is controlled by the Responsible Party unless such personal information is retained or utilized in terms of the Act.

16. Data Transfer

1. 16.1. For functionality purposes, personal and system data may be stored by us in data centers located in South Africa as well as other countries, allowing LDP Digital to transfer data across borders.

17. Liability

1. 17.1. LDP Digital will not be liable, whatsoever for any loss that occurred due to an interruption in website availability, an error that may occur, inaccurate data or information on the website. LDP Digital is striving to ensure that the information and data on the website are correct and accurate, but it remains the responsibility of the Client to ensure that all information is correct.
2. 17.2. LDP Digital will not be liable, whatsoever for incorrect or offensive material on any of the developed websites.
3. 17.3. LDP Digital will not be liable, whatsoever for any ecommerce transaction error or losses that may occur during any transaction.
4. 17.4. LDP Digital will not be liable, whatsoever for any losses or damage caused to the property, equipment or devices at the Client’s premises.
5. 17.5. The Client indemnifies and holds harmless, LDP Digital from any liability, arising from civil / criminal proceedings, any loss, damage to you or to a third party arising by virtue of the breach of intellectual property, franchise rights, or any other claim.
6. 17.6. If LDP Digital is sued for something that you have indemnified us for, or agreements made by the Client, you will take our place in the lawsuit and be liable for any costs, damages and expenses including attorneys’ and own client fees as defined in sub clause 12.5.
7. 17.7. Should the Client believe LDP Digital has dealt with the Client unfairly, an email may be sent to scale@ldp.digital. The email needs to contain details of the complaint and the name, contact number and email address of the person handling the matter on behalf of the Client. The matter will be investigated and feedback provided to the contact person.