Terms of Service

In using this website, you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions, the Privacy Policy, Disclaimer Notice and any or all agreements or contracts: “client,” “you” and “your” refer to you, the person accessing this website and accepting the company’s terms and conditions. “The company,” “ourselves,” “we” and “us” refer to our company. “Party,” “parties” or “us” refer to both the client and ourselves or either the client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the client in the most appropriate manner, whether by formal meetings of a fixed duration or any other means for the express purpose of meeting the client’s needs in respect of provision of the company’s stated services and products, in accordance with, and subject to, prevailing law. Any use of the above terminology or other words in the singular, plural, capitalization and/or, he/she or they, are taken as interchangeable and therefore as referring to same.

Confidentiality

Client records are regarded as confidential and therefore will not be divulged to any third party, other than our partners and, if legally required to do so, to the appropriate authorities. Where appropriate, we shall issue clients with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties. For more information, see the Privacy Policy.

Disclaimer

Exclusions and Limitations

The information on this website is provided on an “as is” basis. To the fullest extent permitted by law, we:

  • exclude all representations and warranties relating to this website and its contents or that is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the company’s literature and
  • exclude all liability for damages arising out of, or in connection with, your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages

The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Payment

Cash, personal cheque with identification and bank draft are all acceptable methods of payment. Our terms are payment in full within 30 days. In the case of physical products, all goods remain the property of the company until paid for in full. Monies that remain outstanding by the due date will incur late-payment interest at a rate of 1.5 per cent per month on the outstanding balance, until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid 60 days from the date of invoice via collection agencies and/or through Small Claims Court. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.

Returned cheques will incur a charge to cover banking fees and administrative costs. In the instance of a second returned cheque, we reserve the right to terminate the arrangement and, if agreed to, we will insist on future transactions in cash only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.

Cancellation Policy

A minimum of 24 hours’ notice of cancellation is required. Notification in person, via e-mail, telephone and/or text message will be accepted, subject to confirmation in writing. We reserve the right to levy a charge to cover any subsequent administrative expenses.

Termination of Agreements and Refunds Policy

Both the client and we have the right to terminate any services agreement for any reason, including the ending of services that are already underway. No refunds shall be offered where a service is deemed to have begun and is, for all intents and purposes, underway. Any monies paid to us that constitute payment in respect of the provision of unused services shall be refunded.

Availability

You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs, media and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the expressed written consent of the company. The company does not warrant that the service from this site will be uninterrupted, timely or error-free, although it is provided to the best of our ability. By using this service, you indemnify this company, its partners, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Links to this website

If you create a link to a page of this website, you do so at your own risk. The exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this website

We do not monitor or review the content of other parties’ websites that are linked to from this website. Opinions expressed, or material appearing, on such websites are not necessarily shared or endorsed by us. Please be aware that we are not responsible for the content of these sites. This company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, while accessing linked sites.

Copyright Notice

Copyright and other relevant intellectual property rights exist on all text, images, video, audio and other media relating to the company’s services and the full content of this website.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any agreement that is due to an event beyond the control of such party, including but not limited to any act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into nor which could have been reasonably foreseen. Any party affected by such an event will promptly inform the other party of the same and will use all reasonable means to comply with the terms and conditions of any agreement contained herein.

Waiver

Failure of either party to insist upon strict performance of any provision of this or any agreement, or the failure of either party to exercise any right or remedy to which it, he or they are entitled hereunder, will not constitute a waiver thereof and will not cause a diminution of the obligations under this or any agreement. No waiver of any of the provisions of this or any agreement shall be effective, unless it is expressly stated to be such and signed by both parties.

General

By accessing this website, using our services and/or buying our products, you consent to these terms and conditions. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to, the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the company to enforce any of the provisions set out in these Terms and Conditions and any agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any agreement or any part thereof or the right thereafter to enforce each and every provision.

Notification of Changes

The company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. You are therefore advised to re-read this statement on a regular basis.

These terms and conditions form part of the agreement between the client and ourselves. Your accessing this website and/or undertaking of a booking or agreement indicates your understanding, agreement to and acceptance of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory consumer rights are unaffected.

© Words and Sounds 2016. All Rights Reserved.

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