Oonie’s Terms and Conditions
Force Majeure Act of God
Delivery estimates are made by Oonie in good faith, but in the event of an Act of God or circum-stances beyond the reasonable control of Oonie, the Client shall have no claim for damages con-sequential or otherwise against Oonie because of the late or non-delivery of the Services. Whilst every efforts shall be made by Oonie to carry out the terms of the contract, it shall not be liable for any loss or damage sustained by virtue of the non-fulﬁlment thereof as a result of inability to secure labour, materials or supplies, or as a result of any war, Act of God, strike, lockout, electricity black-out, or the like, or through any other cause beyond Oonie’s control.
Limitation of Liability
Oonie is not liable for any consequences or ﬁnancial losses such as, but not limited to, loss of busi-ness, proﬁt, revenue, contract, data or potential savings, relating to Services provided.
The Client hereby indemniﬁed and holds harmless Oonie from any liability, loss or claim arising from the provision of the Services by Oonie including the provision of services and products on the Client’s website.
Any disputes in excess of the maximum limit for the Small Claims Court arising out of this agree-ment shall be submitted to binding arbitration before an arbitrator pursuant to the rules of the South African Arbitration Association. The Arbitrator’s award shall be ﬁnal and judgment may be entered in any court having jurisdiction thereof. The provision of arbitration shall not preclude any party from approaching a court of competent jurisdiction on an urgency basis for any necessary interdict and/or ancillary relief pending determination if the dispute by arbitration.
- Oonie can’t guarantee that its work will be error-free and so we can’t be liable to the Client or any third-party for damages, including lost proﬁts, lost savings or other incidental, consequential or special damages.
- If provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
- This contract cannot be amended or assigned without both parties written permission.
- The contract stays in place and need not be renewed.
- This contract shall be governed by the laws of the Republic of South Africa and subject to the exclusive jurisdiction of the South African Courts.