Terms and Conditions

These Terms and Conditions a constitute the entire agreement (“The Agreement”) between you and DotNews (proprietor Stanhope Trustees SA (Pty) Ltd, reg. no. 1999/017337/07) in respect of the provision by DotNews to you of services as ordered, subscribed for, or supplied to you from time to time. 

General Terms and Conditions

Use of this website: Terms and conditions

Welcome to our website, the online home of DotNews, LawDotNews, CA(SA)DotNews and DotNewsConnect (proprietor Stanhope Trustees SA (Pty) Ltd, Reg.No 1999/017337/07).

By accessing and/or using our website in any way, you are agreeing to be bound by (and to comply with) all of these terms and conditions, as amended by us from time to time.  If you do not agree to all of these terms and conditions, please stop using our website.

Disclaimer, limitation of liability and applicable law

Everything on our website is for general information only and should not be used or relied on as legal or other professional advice. No liability can be accepted by us for any errors or omissions nor for any loss or damage arising from reliance upon anything on our website. Always contact your professional adviser for specific and detailed advice.

We provide no warranty or guarantee as to the accuracy, completeness, safety, appropriateness or suitability of anything on our website.

You agree to use our websites entirely at your own risk and DotNews does not warrant that its websites, nor any email, newsletter or other electronic communication, nor any service supplied to you, is free of viruses, worms, trojan horses, harmful components, malware or any form of harmful, destructive or unlawful code, data or features. DotNews will endeavour to deliver services on time but will not be liable for any delay or loss whatsoever in respect of delivery arising out of any cause beyond its control.

To the full extent allowed by law, DotNews will not be liable for any damages whatsoever, whether direct, indirect, consequential, incidental or otherwise. You agree to indemnify DotNews, our directors, employees, suppliers, contractors and associates, against any claims, costs, damages, liabilities, losses, expenses, negligence, actions, civil claims, suits or proceedings suffered, sustained or incurred by you or any third party based on any work prepared by or approved by you.

We reserve the right to claim damages and/or to take any form of legal or criminal action for any unlawful or unauthorised use of this website.

South African law will apply to any access to and/or use of our website and to any dispute arising from such use, and you agree to the exclusive jurisdiction of the High Court of South Africa in respect thereof.

All of these terms and conditions will apply as appropriate to any website linked to ours in any way. Such links are provided solely for information and convenience without any liability whatsoever on our part.

 

Data Privacy

We respect your right to privacy and accordingly take all reasonable steps to protect your personal information and data.

We may collect and store your personal data, but only for the purposes of –

  • Offering and/or providing services to you,
  • Communicating with you in respect of such services and service offerings.

Our website uses cookies to monitor browsing preferences and we may store personal information for use by third parties. Such personal information includes – name, location, membership number, IP address and browsing history.

 

Copyright notice

The owner of the websites www.dotnews.co.za and www.dotnewsconnect.co.za is DotNews (proprietor Stanhope Trustees SA (Pty) Ltd, Reg. No. 1999/017337/07).

Copyright in these websites, their contents and all material and data thereon, is reserved by DotNews. Same may not be used, redistributed, transmitted, disseminated, copied, imitated or reproduced in any form without the prior and specific written permission of DotNews.

Data Protection and Privacy Policies

Service subscribers are contractually bound by the terms and conditions applicable to each service to avoid any element of “spamming” whilst DotNews undertakes that your recipient lists will be treated as strictly confidential to you, and will not be transmitted or disclosed to any third party other than in the event of your specific written request to do so, or in the event that you request DotNews to undertake any marketing of recipients on your behalf.

Recipient lists are securely held by DotNews on behalf of service subscribers in password-protected formats, and subscribers may on request arrange password-protected access to their own lists only for amendment purposes.  Personal recipient information is limited to recipient names and email addresses, and is held for the sole purpose of sending information newsletters and newsflashes to recipients.

As a client of DotNews, your personal information is held for the sole purpose of rendering agreed marketing services to service subscribers.

Whilst DotNews strives to use commercially acceptable means to protect all personal information, and whilst its security is important to us, we cannot guarantee its absolute security because no method of transmission over the Internet, nor any method of electronic storage, is 100% secure.  Similarly DotNews cannot warrant that its websites, nor any email, newsletter or other electronic communication, nor any service supplied to you, is free of viruses, worms, trojan horses, harmful components, malware or any form of harmful, destructive or unlawful code, data or features.

Services

General Terms and Conditions for DotNews Services

The price/s for all DotNews packages, services and optional choices relating thereto, shall be as set out in each applicable order form and/or accepted quote. DotNews reserves the right at its sole discretion to decline to accept any order, and/or to terminate any service/s at any time.  In this event, you will be entitled to a refund of any amount/s paid in advance in respect only of any service not provided prior to termination.  Where services are supplied on an ongoing or subscription basis, prices are subject to increase from time to time on one calendar months’ notice.

Cancellation of service/s. You may cancel your subscription on one calendar month’s written notice to DotNews.

Hourly Rates. Unless specifically otherwise stated in writing within a period of 1 month prior to work commencing, our standard hourly rate for any work completed outside of that stated within your package is R450 + vat. DotNews will always endeavor to inform you, the client, of such charges before any work commences.

Quotes. When a quotation is provided by DotNews, the final project value may vary from the initial quotation if additions or alterations are requested to the original scope of work.

Payment.  All subscription and other ongoing fees are payable by you in advance. In the event of any non-payment at any time, DotNews reserves the right to immediately and without notice terminate or suspend all services.  In respect of certain services DotNews may require a non-refundable upfront payment of a deposit and / or setup fees. For certain services DotNews may also require you to sign a debit order authorising DotNews to debit applicable fees and charges from your nominated bank account.

Copyright in all newsletters, in the websites www.dotnews.co.za and www.dotnewsconnect.co.za, their contents and all material and data thereon, and as specifically provided in the Terms and Conditions applicable to individual DotNews services, is reserved by DotNews. Same may not be used, redistributed, transmitted, disseminated, copied, imitated or reproduced in any form without the prior and specific written permission of DotNews.

Additional Stock Photography. If for any DotNews service you require additional stock photography or other images, the costs thereof will be for your account unless otherwise stated in the applicable order form or quote.

Disclaimer. You agree to use our services and websites entirely at your own risk and DotNews does not warrant that its websites, nor any email, newsletter or other electronic communication, nor any website produced for you or other service supplied to you, is free of viruses, worms, trojan horses, harmful components, malware or any form of harmful, destructive or unlawful code, data or features. DotNews will endeavour to deliver services on time but will not be liable for any delay or loss whatsoever in respect of delivery arising out of any cause beyond its control.

Limitation of Liability. To the full extent allowed by law, DotNews will not be liable for any damages whatsoever, whether direct, indirect, consequential, incidental or otherwise. In the event that DotNews is found to be liable in any regard, such liability (however arising) will without exception be limited to an amount equal to the sums paid or payable by you in respect of the service to which such liability relates. It remains your responsibility to ensure that all content submitted is of a standard satisfactory to you. You agree to indemnify DotNews, our directors, employees, suppliers, contractors and associates, against any claims, costs, damages, liabilities, losses, expenses, negligence, actions, civil claims, suits or proceedings suffered, sustained or incurred by you or any third party based on any work prepared by or approved by you.

Amendment and Notices.  DotNews may amend this Agreement at any time, and any amendment/s to this Agreement shall bind both parties from date of notice of such amendment/s to you. In the event of such amendment/s, you may terminate your subscription for any service and will in that event be entitled to a refund of any amount/s paid in advance in respect only of any service not provided prior to termination.

Any notice in terms of this agreement will be deemed to be given and accepted when transmitted to any e-mail address given by you in each applicable order form or quote (or any amended e-mail address/es advised to us in writing thereafter).

Classic and ClassicPlus Newsletter Services

Newsletters will be transmitted to recipients at e-mail addresses supplied by you from time to time, and you will be solely responsible for the supply to DotNews of correct information in this regard.  Changes in recipient lists or recipient e-mail addresses will only be actioned by DotNews if received no less than 7 business days prior to transmission of newsletters.  You are responsible for ensuring that recipient lists are restricted to recipients who are unlikely to consider transmission to them of newsletters as “spamming”.  DotNews will be entitled to remove from all recipient lists any recipient recording a wish to unsubscribe from any newsletter at any time.  Recipient lists will be treated as strictly confidential to you and will not be transmitted or disclosed to any third party other than in the event of your specific written request to do so, or in the event that you request DotNews to undertake any marketing of recipients on your behalf.

Online management of your client list. We will on request provide you with password-protected access to your own client list on our system subject to your undertaking all such management entirely at your own risk. DotNews can accept no responsibility or liability whatsoever in regard to any failure on your part to immediately change your initial password to a strong, secure one of your choosing, nor for any failure on your part to change same at regular intervals.

Internet Pages Limited Copyright Authorisation. DotNews hereby gives specific written authorisation for reproduction by you of your newsletters as subscribed to, or any part thereof, on your “Internet Pages” (website, blog and Social Media pages) subject to the following conditions –

  1. An additional subscription fee of R50-00 + vat p.m. for Internet Pages will be added to your monthly subscription and (if applicable) monthly debit order.
  2. DotNews can on request attend to the monthly set up and population of your blog with your DotNews newsletter articles at an additional cost of R250 + vat p.m. (in which event the Internet Pages charge per 1 above won’t apply).
  3. Should you be a subscriber to DotNews’ “Connector Sites” service neither the Internet Pages nor the Blog Management charges per 1 and 2 above will apply.
  4. You may republish on your Internet Pages your newsletters and/or any part thereof using RSS feeds, PDF versions, printable versions, or other suitable means for this purpose.
  5. In the event that you elect to allow such online access in a form where a Disclaimer and Copyright Notices are not automatically displayed, you will ensure that same are clearly displayed at the end of all content sourced from the applicable DotNews newsletter.
  6. You may not otherwise use, redistribute, transmit, disseminate, copy, imitate or reproduce in any form your newsletters or any part thereof without the prior and specific written permission of DotNews.
  7. This authority will subsist for such period as you have a valid subscription to the applicable DotNews newsletter. In the event that your subscription to the applicable DotNews newsletter is terminated for any reason, you undertake to remove all newsletter content from your Internet Pages within 48 hours of written request to do so.
Custom Newsletter Services

Newsletters will be transmitted to recipients at e-mail addresses supplied by you from time to time, and you will be solely responsible for the supply to DotNews of correct information in this regard.  Changes in recipient lists or recipient e-mail addresses will only be actioned by DotNews if received no less than 7 business days prior to transmission of newsletters.  You are responsible for ensuring that recipient lists are restricted to recipients who are unlikely to consider transmission to them of newsletters as “spamming”.  DotNews will be entitled to remove from all recipient lists any recipient recording a wish to unsubscribe from any newsletter at any time.  Recipient lists will be treated as strictly confidential to you and will not be transmitted or disclosed to any third party other than in the event of your specific written request to do so, or in the event that you request DotNews to undertake any marketing of recipients on your behalf.

Newsletter content and services. Newsletter content may consist of: –

  • Content supplied by you to us – you certify that you have full legal right to use same and that copyright vests in or is licenced to you;
  • Content created by us for you at your specific request – copyright therein will vest in you (this is an optional extra service, to be quoted for on request);
  • Generic content created by us for use in the applicable DotNews newsletter publication (supplied by us at no additional charge) – copyright therein is reserved by DotNews.

The “Initial cost to set up newsletter template” (one-off R1,500 + vat) will cover creation by DotNews of a newsletter template to your specification (copyright therein is reserved by DotNews).

The “Standard monthly charges for creation and dispatch of newsletter” (R1,500 + vat p.m.) will cover the following services by DotNews: –

  1. We will create your monthly newsletter, inclusive of content and images supplied by either yourselves or by DotNews. Should you require additional images, access to our image library is available at an additional cost of R350 + vat p.m. for up to five extra images p.m. DotNews will send you that months’ standard newsletter content on a monthly basis. Once we have received feedback from you, DotNews will be able to provide a draft within 5 working days for your approval. You will advise on a transmission time and date when you approve the draft. Should you not have provided any feedback on either the content or the newsletter draft, DotNews may send out the newsletter as per the draft newsletter or with standard content.
  2. We will send out the newsletter to your recipient lists as loaded on our system at the time of transmission.
  3. We will maintain your recipient list in accordance with names and e-mail addresses supplied by you. The deadline for sending us changes to your recipient list will be 7 business days prior to the transmission date each month.
  4. Monthly set up and population of your blog with your newsletter’s articles, together with Internet Pages limited copyright authorisation at no additional charge.
Ad-hoc Custom Newsletter Services

Newsletters will be transmitted to recipients at e-mail addresses supplied by you from time to time, and you will be solely responsible for the supply to DotNews of correct information in this regard.  Changes in recipient lists or recipient e-mail addresses will only be actioned by DotNews if received no less than 7 business days prior to transmission of newsletters.  You are responsible for ensuring that recipient lists are restricted to recipients who are unlikely to consider transmission to them of newsletters as “spamming”.  DotNews will be entitled to remove from all recipient lists any recipient recording a wish to unsubscribe from any newsletter at any time.  Recipient lists will be treated as strictly confidential to you and will not be transmitted or disclosed to any third party other than in the event of your specific written request to do so, or in the event that you request DotNews to undertake any marketing of recipients on your behalf.

Newsletter content and services. Newsletter content may consist of: –

  • Content supplied by you to us – you certify that you have full legal right to use same and that copyright vests in or is licenced to you;
  • Content created by us for you at your specific request – copyright therein will vest in you (this is an optional extra service, to be quoted for on request);
  • Generic content created by us for use in the applicable DotNews newsletter publication (supplied by us at no additional charge) – copyright therein is reserved by DotNews.

The “Initial cost to set up newsletter template” (one-off R1,500 + vat) will cover creation by DotNews of a newsletter template to your specification (copyright therein is reserved by DotNews).

The “Standard monthly charges for creation and dispatch of newsletter” (starting at R1,100 + vat for up to 500 recipients) will cover the following services by DotNews: –

  1. We will create your monthly newsletter, inclusive of content and images supplied by either yourselves or by DotNews. Should you require additional images, access to our image library is available at an additional cost of R350 + vat p.m. for up to five extra images p.m. DotNews will send you that months’ standard newsletter content on a monthly basis. Once we have received feedback from you, DotNews will be able to provide a draft within 5 working days for your approval. You will advise on a transmission time and date when you approve the draft. Should you not have provided any feedback on either the content or the newsletter draft, DotNews may send out the newsletter as per the draft newsletter or with standard content.
  2. We will send out the newsletter to your recipient lists as loaded on our system at the time of transmission.
  3. We will maintain your recipient list in accordance with names and e-mail addresses supplied by you. The deadline for sending us changes to your recipient list will be 7 business days prior to the transmission date each month.
  4. Monthly set up and population of your blog with your newsletter’s articles, together with Internet Pages limited copyright authorisation at no additional charge.
Copyright Licence Services

Licence.  You are hereby granted a non-exclusive licence to reprint and publish all DotNews newsletter content (Recipient version only) as transmitted to you by us, subject to the following conditions: –

  1. You may only publish such content in your own newsletter or publication and/or on your own “Internet Pages” (website, blog and Social Media pages).
  2. A copyright notice in respect of such content is required, such notice to read “© DotNews”.
  3. A disclaimer is required substantially to this effect: “The information provided herein should not be used or relied on as professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your professional adviser for specific and detailed advice.”
  4. You may not sell or dispose of any of the rights hereunder to any third party.

You may transmit and publish the “Note For Attorneys/Accountants” sections of the Attorney/Accountant version of the newsletter freely within your firm only; the source material contained therein is not intended for your clients except at your discretion with individual clients.

Email Branding Services

Email Branding. You may not use these services for any use that could blacklist the ASP service as a spam or unsolicited mail-generator.  Where such usage is detected, DotNews may restrict your usage with immediate effect until such time that the situation is rectified.

DotNews applies a “Reasonable Usage” policy with regards to the number and amount of email traffic that you send without incurring additional charges.  This is designed to protect you and others using DotNews shared email solutions against abuse and mailing in bulk.  Where this is exceeded, you will be notified and additional bandwidth and support costs may be attributed to you.

Design work –

  1. DotNews will forward all creative/banners/html signatures once completed. You are required to give approval on the creative/banners/html signatures within 4 working days from when it was sent.
  2. You will have 2 opportunities to make edits to the branding, after which an additional fee for creative may be charged.
  3. If no feedback is received within 4 working days, DotNews will assume that you wish to make no further edits to the design of the creative/banners/html signatures.
  4. A minimum fee of R175 + vat per edit on any signed-off design will apply.
Website Services (“Connector Sites”)

Payments relating to Connector Sites.  Your first three monthly payments for your “Connector Site” website are payable in advance before any work commences as a non-refundable deposit. Thereafter regular monthly payments will be due regardless of website completion.  Any additional work outside of that specified in the applicable quote / package may be charged at our standard hourly rates, or at a premium wherever costs are incurred by DotNews.

Cancellation and Website Transfer Fee. In the event that you give written notice of cancellation prior to having paid 12 months’ payments for the “Connector Site”, and wish to transfer your website to another provider, a fee equivalent to the difference between the total sum paid by you and the amount due over that 12-month period will be payable by you before transfer. After you have made 12 months’ payments, the aforementioned fee will not apply. On cancellation at any time, all website and related services including maintenance, hosting and the updating of the website with DotNews content will cease.

Search Engine Optimisation (SEO). Whilst basic search engine optimisation is included with the creation of Connector Sites, DotNews cannot give any guarantees regarding the actual results and success of the website’s performance, as these are subject to variables and circumstances beyond our control.

Maintenance. Should monthly maintenance (which includes monthly updates and website security) exceed that specified, our standard hourly rates will apply thereafter.

Hosting, Domain Registration and Renewals. Where required, DotNews will handle all hosting, domain registrations and renewals to the extent included in your package. When a third party is responsible for maintenance of your domain or mailboxes, DotNews will only provide the hosting for the Connector Site. DotNews will gladly provide login and administration details to you on request, should you wish for yourself or another third party to manage this for you. DotNews reserves the right to limit and / or deny access to the core files and cpanel of the website.

Package Limitations. Each Connector Site package will be subject to the following limitations, should hosting and domain management be required: –

  • Small: A limit of up to 10 email addresses and 500MB of storage.
  • Medium: A limit of up to 25 email addresses and 1GB of storage.
  • Large: A limit of up to 50 email addresses and 2GB of storage.
Custom Website Development, Apps and Related Services

Content. All relevant content needs to be provided by you within 1 month of payment of a deposit to commence work on a project. Should you delay issuing DotNews the content required for the project, DotNews reserves the right to renegotiate the cost of the project. In such instances, DotNews will request any outstanding payments to be settled before continuation of the project.

Additional pages, images and revisions on projects beyond the scope of work agreed in the quote / order form will attract additional charges. Such updates are not included in your monthly maintenance package unless specifically stated in the applicable order form or quote.

Search Engine Optimisation (SEO); Pay-Per-Click (PPC) and Digital Display Advertising Services. As these services are performed in a competitive environment, DotNews cannot accept any responsibility or liability for the end results of any such campaign or service undertaken. In some cases, DotNews may require you to have an account directly with service providers and DotNews will then charge a management fee.

Hosting, Domain Registration and Renewals. When a domain and / or hosting package is under management of DotNews, any additional charges such as domain renewals and / or increases in hosting charges will be at your expense, unless otherwise stated in the applicable order form or quote. DotNews reserves the right to limit and / or deny access to the core files and cPanel of the website.

Transfer of Website. In the event that you wish to move your website to another web server supported by another party, then DotNews will cooperate fully, subject to all outstanding amounts being paid up in full, and in some instances a transfer fee will be applicable.