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Office Hours: (011) 712-5700
After Hours: 082 333 9998

Terms and conditions

By continuing the registration process and subsequently using Websend, you agree that your use of Websend is governed by the terms set out below and that these terms form a Service Agreement between you and Hutton Trading (Pty) Ltd.

1. Licence
Under this agreement, you acquire a non-exclusive, non-transferable licence to use Websend on the terms and conditions set out in this document.

2. Ownership
We retain all intellectual property and other ownership rights in Websend and in any support material or documentation concerning Websend.

3. Fees
Advertising delivered through Websend is charged per job.

4. Billing and payment
The charges for the Websend service are set out in these terms and conditions. There is currently no charge for receiving advertisements. We may change these charges at any time but will give you notice by email if we do. We will invoice you each month by email and/or post.

5. Authorised use of Websend
You must only use Websend in accordance with these terms and conditions and any procedures, instructions or guidelines issued by us. We reserve the right to suspend or cancel your account if you do not comply with these instructions, or instructions given to you by our support staff. You must not attempt (nor permit anyone else) to reproduce, translate, decompile, disassemble or reverse engineer any software which comprises part of Websend or do any act which infringes the copyright in any such software.

6. Availability
Websend is an Internet-based technology. While we will make all reasonable efforts to ensure that Websend is available 24 hours per day, 7 days per week, the nature of the Internet is such that this may not always be possible. We will give you prior notice by email of any scheduled maintenance to the system. We do not guarantee that you will be able to access Websend at all times.

7. Processing and acceptance of ads
Websend provides a technical mechanism for Senders to send advertisements to publications and other publishers. As part of this process, we pass each advertisement PDF file through a validator to determine whether it is of an appropriate standard for publication. The standards imposed by publications for the PDF files they will accept may be different to those used by our validator.
If you are a sender of advertisements: Our validator is a reasonable guide but we do not guarantee that a PDF advertisement which you send using Websend and which passes our validation will be accepted by the publication(s) to which you have sent the advertisement. There are numerous reasons why an advertisement which is accepted by a publication may not be printed. When Websend indicates that an advertisement has been accepted, it means no more than that it has been received and processed by the publication. We cannot control what particular publications do with advertisements once they have been delivered by Websend.
If you are a receiver of advertisements: We do not guarantee that advertisements received using Websend will be suitable for publication according to your standards for PDF files.

8. Support
Our customer service desk is available during business hours to respond to your queries concerning your use of Websend. Customer support includes telephone support, web-based chat support and email support. In the instance of telephone support, we reserve the right to limit the duration of calls to 5 minutes each to allow our staff to assist other users. Currently the hours of operation for customer support between 9am and 5pm Monday to Friday. Websend support is not available during public holidays in SA.
To use Websend support please email This e-mail address is being protected from spam bots, you need JavaScript enabled to view it , telephone (011) 712-5700.

9. Liability

All express and implied conditions, warranties or liabilities (including liability as to negligence) regarding the condition, accuracy, suitability or quality of, or title to, Websend are negated and excluded.

We give no condition, warranty, undertaking or representation in relation to the condition, accuracy, suitability or quality of, or title to, Websend (including any software comprising it or data contained in or supplied in relation to it or reports generated or produced by or with the aid of it).

You acknowledge and agree that we are not liable for any loss or damage, including consequential loss or damage, which in any way results from your use or non-use of Websend (including as a result of any malfunction, breakdown or error in Websend).

You will indemnify us and keep us indemnified against all and any demands, claims, actions and proceedings whatsoever and howsoever arising made by any third person in connection with or arising out of your use of Websend and all and any losses, costs, expenses and damages whatsoever and howsoever incurred by us in connection with or arising out of a breach by you of any provision of this Agreement.

Nothing in this Agreement excludes, restricts or modifies any condition, warranty, right or remedy which is conferred on you by consumer protection legislation in force in any jurisdiction where this Agreement is executed and which is not permitted to be excluded, restricted or modified. Where we breach a condition or warranty which has been implied by such legislation, our liability for breach will be limited to (where permissible by the legislation):

in the case of supply of goods: the replacement of the goods or the supply of equivalent goods, or the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent materials, or the payment of the costs of having the goods repaired; and

in the case of the provision of services: the supplying of the services again, or the payment of the cost of having the services supplied again, whichever we see fit to provide.

10. Termination
We may immediately terminate this Agreement if you breach any term or condition of this Agreement or any provision of this Agreement is held invalid by a court or is severed by operation of law. We may terminate this Agreement for any reason without giving you notice. You may terminate this Agreement at any time by notice to us.

11. Assignment
You may not assign, transfer, encumber, mortgage or licence all or any part of this Agreement or any of your rights, benefits or obligations under it in any way without our prior written consent. We may assign any of its rights, benefits or obligations under this Agreement to any other person.

12. Waiver
Failure or neglect by either party to enforce at any time any of the provisions of this Agreement is not to be construed or deemed to be a waiver of that party's rights under this Agreement.

13. Governing law
This Agreement is governed by and to be construed in accordance with the laws of Gauteng,SA. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Gauteng,SA.

14. Interpretation

This document contains the entire understanding between the parties as to the licence of the Software. The expiration or termination of this Agreement does not affect the rights of either party against the other in respect of anything done or omitted to be done under this Agreement prior to the expiration or termination or any sums or other claims outstanding at the time of expiration or termination. A reference to a person includes a reference to a firm, corporation or other corporate body.

"We" or "us" means Hutton Trading (Pty) Ltd and its successors and assigns.

"You" or "your" means the person licensed to use Websend and includes any licensed corporation which enters into this Agreement by the conduct of an officer, employee or agent of the corporation.

"Websend" means the Internet-based advertisement delivery system available at www.wsd.co.za, as updated and modified from time to time.