Website design and management Terms and Conditions
This is a contract (herewith known as “The Agreement” between the parties, David Theron t/a Webify24.com(herewith known as the “Service Provider”) and the prospective client (herewith known as the “Client”). By signing this document, both parties agree to the terms and conditions set out herein and agree to abide by the conditions set forth and that this agreement will be binding on both parties.
GENERAL TERMS: SIGN UP
The Service provider offers the client different website packages, of which the client selects one package, based on a 12-month agreement from the date of signing. The Service provider requires certain information from the client in order to complete the website and in no way, shape or form will the Service Provider be held liable for wrongful information supplied by the Client as it will be the sole responsibility of the Client to provide the Service Provider with the correct information. The client must provide the required information in writing prior to the said information being used on the website by the Service Provider. Once the Agreement has been signed and approved by the Service Provider, this agreement will be regarded as full and final.
COMPLETION TIME TERMS:
The Service Provider endeavors to complete the Client’s website within 7-10 business days of the Client signing the agreement and given that all the required information requested from the Client is present. This allotted time frame excludes weekends and public holidays. Should the Client not have provided all the required information to make the website live, the payment and invoice terms are still binding and all outstanding payments are still due. If the Client requests a large website with many pages and products, the 7 business days time frame will not be applicable. The Service Provider will discuss the completion time with the Service Provider based on the criteria of the particular website. PLEASE NOTE: Due to unforeseen events(for example an internet cable is damaged or the ISP is unable to provide internet access) which can delay the abovementioned time frames, the Service Provider cannot be held liable for any delays or damages or losses as a result. Should any event that causes a delay to be present and known to the Service Provider, the Service Provider undertakes to notify the Client in writing as soon as possible.
PAYMENT AND INVOICE TERMS:
The agreement is based on a 12-month agreement and the Client is liable for the monthly fee every month for the duration of the agreement (please refer to the Cancelation Terms if the Client wishes to terminate the agreement before the agreement term is completed). The Service Provider will issue an invoice to the Client on the 25th of each month unless the said date falls on a weekend or public holiday. In such a case, the invoice will be sent on the last business day prior to the public holiday or weekend day. The first payment due will be in the same month as when the agreement was signed by both parties, irrespective of the progress of the website. All respective payments must reflect in the Service Provider’s bank account by no later than the last day of the month. Should the payment/s not reflect in the Service Provider’s bank account on the last day of the month, a late payment penalty fee of 10% of the outstanding amount will be levied against the Client’s account. PLEASE NOTE: The Service Provider uses First National Bank (FNB –South Africa) and payment made from a non-FNB account could take up to 48 hours to reflect in the Service Provider account. It is the responsibility of the Client to ensure prompt payment is made to the Service Provider to accommodate the waiting period for transfers between two different banks. Should the Service Provider not have received the said payment/s by the 3rd day of the new month, the Service Provider reserves the right to put the Client’s website and emails on temporary hold until the payment has reflected in their account. In such an instance, the Service Provider will not be held accountable for any losses or damages due to the temporary closure of the Client’s website. Should the Client experience an issue with payment to the Service Provider that could cause a longer than normal waiting period, the Client should inform the Service Provider in a reasonable time so alternative arrangements may be made. The Service Provider will strive to accommodate the Client in any way possible, given the communication between the parties regarding payment is in writing.
PLUG-INS AND ADD-ONS TERMS:
In the event that the Client requires the website to perform a specific function that does not come standard with the packages, the Service Provider will suggest a Plug-In(Similar to an App) that could fulfill the required functionality. Since all plug-ins are built and maintained by 3rd party developers, there may be additional costs involved in getting the plug-in to function as needed. If there are any costs involved in the usage of a plug-in, the amount charged by the 3rd party developer will be billed to the Client’s account along with the monthly subscription. The client must confirm in writing that they give permission to the Service Provider to install and charge for any plug-ins. Please note that all charges related to plug-ins will be added to the Client’s bill immediately. These plug-ins can be canceled at any time but will be charged for on a pro-rata basis. Please note that searching for a plug-in, installing, setup and testing of a new plug-in takes some time and should be taken into consideration regarding the time frame in which the site is supposed to be built.
SUPPORT AND MAINTENANCE TERMS:
The Service Provider offers all their packages with a set amount of free maintenance per month. Should the Client use all of the allotted free maintenance hours and require more work to be done in the same month, the Service Provider will bill the Client at R180 per hour. Prior to starting on additional hours, the Service Provider will, in writing, inform the Client of such and of the cost estimate of the project. The additional maintenance charges will be added to the current month’s bill which is payable as per the PAYMENT AND INVOICE TERMS clause.
In case of cancelation, the following terms will allow both parties to successfully cancel the agreement:
- The Cancelation of the agreement must be put in writing. (2.) The reason for canceling the agreement must be clearly stated. This will allow the Service Provider to assess the cancelation request and to afford the Service Provider time to communicate with the Client regarding the reason and to possibly resolve the matter before canceling.
Upon the Client’s confirmation of cancelation, the Service Provider will put the Client’s website on hold immediately and prevent any visitors from entering the site. The Service Provider will issue an invoice to the Client for the outstanding balance of the remainder of the agreement, which is payable immediately upon receiving the invoice. Once the Client has completed the cancelation payment, the Service Provider will be able to transfer the Client’s domain name to the Client or to a service provider of the Client’s choosing. No Domain transfer will be made unless the full outstanding balance is paid to the Service Provider. PLEASE NOTE: The content or the design elements of the said website will not be transferred to the Client during the first year of service. Because the Service Provider charges no upfront fees or build fees, the content and design elements will remain the property of the Service Provider. It will be the responsibility of the Client to provide the relevant information to their new Service Provider, should they wish to move their website over to them. In the event that the Client has an e-commerce website, the details of the customers, their purchases, and all reports relating to sales and website statistics will be handed over to the Client. Once the Client has confirmed the cancelation of their website, the Service Provider will host the Client’s website on their servers for an additional 14 days (this includes public holidays and weekend days) in case the Client changes their mind on their service provider and wishes to return to us. After 14 days, the Service Provider will delete the Client’s website from their server. Please take note that no backups will be sent to the client upon cancelation. It is also the client’s responsibility to back up their emails before canceling.
WEBSITE CONTENT TERMS:
The Service Provider offers all of its website packages with no upfront fees, no design fees or no hosting fees and support is also included in all the packages (UNLESS OTHERWISE STATED). These charges and costs will fall onto the Service provider and as such the Service Provider will not transfer the Client’s website or information to any new Service Provider or to the Client nor will the Service Provider transfer the website from their servers or platform to any other service provider’s servers or platform in the first year of service. Once the cancelation request has been approved and all outstanding monies owed by the Client has been paid, the Service Provider will be able to initiate the Domain Name transfer to the client or to their new Service Provider. PLEASE NOTE: Domain transfers may take 48hrs or more to populate on the Client’s side. Please allow for unexpected delays that is outside of the Service Provider’s control. The website content will be made available after the first years’ service has lapsed and given full payment of the account has been made.
DOMAIN NAME REGISTRATIONS AND RENEWALS:
The Service provider offers free registration and renewal of “.co.za” domain names for our client’s websites for the first year (not applicable to one-pager websites), after which the client will be invoiced every year to renew the domain. Should the domain name be anything other than South African domain names(“.co.za”), the domain registration and renewals will be for the client’s account. The Service Provider will invoice the client as the domain is registered or renewed, at the normal invoicing period.
Should the client change the domain name or name of the business during the period of the agreement, the Service Provider can change the domain name and the full cost of the new domain will be payable by the client as will any additional work done to change the name of the business. This service falls outside the normal maintenance hours that are included in the contract. A written quotation will be issued to the client, indicating the estimated time and cost for the project. Before any such work can be started, the full payment of the invoice must be paid. Should the Service Provider go over the estimated time, it will be discussed with the client before continuing.
CLIENT ACCESS TERMS:
The Client will be granted limited access to the website’s back office if they have a package that includes E-commerce or blogging. This will allow the client to see and manage any sales as well as view their Customer’s details and statistics for the website. No other access will be granted in the back office unless otherwise agreed upon. Under no circumstances may the Client grant another user access to the back office at any time. Websites with no E-commerce functionality will not allow any outside users to the back office except for the Service Provider’s users.
The Service Provider will issue the Client a renewal agreement 30 days prior to the current agreement’s end date. Should the client wish to not renew the agreement for whatsoever reason, it should be put in writing. Should the Client wish to continue with the Service Provider’s services, the renewal agreement should be signed and sent to the Service Provider before the current agreement expires. Should the Client not respond to the renewal request within 7 days after the previous agreement has lapsed, the Service Provider will automatically renew the agreement on a month-to-month basis. Please note that upon renewal, the agreement fee might be adjusted due to inflation, an increase in running costs and the Rand/Dollar exchange rate. This will be discussed with the client prior to renewal.
EMAIL FAIR USAGE POLICY AND TERMS:
We provide email storage to the client based on the package they selected. This storage space can be upgraded if the client needs more space, at an additional cost.
You may not publish or transmit via the Service Provider’s service any content that the Service Provider reasonably believes:
1. constitutes child pornography;
2. constitutes pornography;
3. is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
4. is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
5. is defamatory or violates a person’s privacy;
6. creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement;
7. improperly exposes trade secrets or other confidential or proprietary information of another person;
8. is intended to assist others in defeating technical copyright protections;
9. clearly infringes on another person’s trade or service mark, patent, or other property right;
10. promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
11. is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to the Service Provider;
12. is otherwise malicious, fraudulent, or may result in retaliation against Service Provider by offended viewers;
The Service Provider does not accept material such as:
1. Proxy, Warez, Escrow, High Yield Investment Programs (HYIP), illegal Gambling and Lottery sites.
2. Content “published or transmitted” via Service Provider’s service includes Web content, email, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by the Service Provider. * The Service Provider can terminate service for any of the above reasons and it’s at the Service Provider’s sole discretion to issue a refund.
You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.
- Unsolicited commercial email, or SPAM, is prohibited. Our network is not designed to be used for mailing lists with over five hundred (500) recipients and you may not send an email to more than five hundred (500) recipients. If you need to send an email to over five hundred (500) recipients, please contact our Support Team for a list of other service providers that can assist with this task. Even if you send email to fewer than five hundred (500) recipients, we will consider your mail to be unsolicited, or SPAM, if it results in a number of complaints to us, disrupts our network, or subjects us to unfavorable action by other Internet providers. Please review the “CAN-SPAM Act” and ensure that any commercial email you send complies with this Act. Email that is “CAN-SPAM compliant” may still otherwise be prohibited by our AUP. If you believe one of our customers is engaged in spamming, please send an email containing all headers, and your contact information, to: firstname.lastname@example.org
- Certain content is prohibited. You are responsible for any content transmitted, or accessed, using our network. Transmission, storage, or presentation of any information, data or material in violation of any applicable law or regulation is prohibited. You may not use our network to facilitate the violation of any particular law or regulation or this AUP. The activities listed below are meant to provide you with examples of activities and content that are strictly prohibited by this AUP and is not exhaustive. Use of our network to host content related to or to engage in the following activities is strictly prohibited.
- IRC scripts/bots, IRCD (irc servers), AutoSurf/PTC/PTS/PPC sites;
- IP scanners, Bruteforce Programs/Scripts/Applications;
- Mail Bombers/Spam Scripts;
- File Dump/Mirror Scripts (similar to rapidshare);
- Anonymous or Bulk SMS Gateways;
- Websites or links to websites advocating human violence and hate crimes;
- Websites promoting illegal activities. or linking to other websites that promote illegal activities;
- selling, or otherwise disseminating, pornography or other erotic material, regardless of its literary merit;
- hosting adult thumbnail galleries/banner exchanges;
- lottery/gambling or chain letters, regardless of content, and regardless of your citizenship;
- advertising, advocating or operating High-Yield Interest Programs (HYIP) , Ponzi or Pyramid schemes, prime banks programs, Bank Debentures/Bank Debenture Trading Programs, or Related Sites;
- fraudulent sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com).
- broadcasting or streaming of live sporting events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc.) or television;
- cryptocurrency/bitcoin miners;
- impersonating another user or otherwise falsifying one’s user name in email, Usenet postings, on Internet Relay Chat (IRC), or with any other Internet service;
- dox or posting personally identifiable information such as addresses and phone numbers of individuals with the hope of causing damage or harm to said person. This does not cover Government officials when providing contact email addresses or the representatives work phone;
- content that promotes or advocates human trafficking in any way shape or form as determined by A2 Hosting’s sole discretion, sites that promote prostitution, or escort services;
- network unfriendly activity (ex: attempts to interfere with our network or network connections or which adversely affect the ability of other people or systems to use our network or the Internet);
- creating, posting or sending Warez, Roms, CD-Keys, cracks, passwords, serial numbers, Internet viruses, worms or Trojan horses, engaging in denial of service attacks, or hosting content that is intended to assist others in defeating technical copyright protections;
- posting links to prohibited items, facilitating a violation of our Policies, or instructing others in illegal or prohibited activities; and
- setting up or using (via the Service) proxies, proxy scripts/anonymizers of any kind.
- Drugs, controlled substances, and tobacco. To encourage safety and deter potentially harmful activities, we prohibit attempts to host content related to certain goods and services on our platform. This includes content that attempts to buy, sell, trade, solicit, donate, or gift: non-medical drugs (drugs or substances that are not being used for an intended medical purposes or are used to achieve a high – this includes precursor chemicals or substances that are used for the production of these drugs), marijuana, CBD, pharmaceutical drugs (drugs that require a prescription or medical professionals to administer), tobacco products (including vaping products, smokeless or combustible tobacco products, synthetic nicotine products, E-cigarettes, and other ENDS [Electronic Nicotine Delivery Systems]), and medical and herbal supplements.
If you believe that another customer is using our network in violation of these Policies, please contact us.
In the event of a violation of any of our Policies, including this AUP, our Compliance Team will take commercially reasonable steps to notify you via email with relevant details about the alleged violation. Compliance with applicable Federal, State, and Local laws, and court orders will also be taken into account when we respond to alleged violations.
Bulk Commercial Email
Bulk commercial email, mailing lists, and email reflectors are allowed on the Service Provider’s servers, we do however allow a maximum of 500 emails per hour per account. For any emails sent from your account you must adhere to the following rules:
1. Your intended recipients have given their consent to receive email via some affirmative means, such as an opt-in procedure;
2. Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the email address for which the consent is given;
3. You may not obscure the source of your email in any manner.
4. You otherwise comply with the CAN-SPAM Act and other applicable law.
These policies apply to messages sent using our service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your webify24 service. In addition, you may not use a third-party email service that does not practice similar procedures for all its customers.
You may not send any unsolicited email, either in bulk or individually, to any person who has indicated that they do not wish to receive it. You must comply with the rules of any other network you access or participate in using your the Service Provider’s services.
Material Protected By Copyright
You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:
1. You have been expressly authorized by the owner of the copyright for the work to copy the work in that manner.
2. You are otherwise permitted by Established Copyright Law to copy the work in that manner.
The Service Provider will terminate the service of repeat copyright infringers.
The Service Provider is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the Service Provider’s network.
UPGRADE AND DOWNGRADE TERMS:
The Client may upgrade their website package at any stage. The client will be billed the same as per the PAYMENT AND INVOICE TERMS section. The contract will be amended and signed by both parties without affecting the duration date, unless otherwise stated.
Should the client wish to downgrade, the full balance of the remainder of the contract will be payable before downgrading as to recover the time, effort and any costs incurred by the Service Provider that went into the upgrade/website. The agreement as it stands at the time of downgrading will not be affected and all terms and conditions set forth in it will remain unchanged, save the new package selection and its monthly cost.
Server maintenance or downtime:
The Service Provider takes no responsibility for any downtime on the server due to maintenance or faults. The server is not the property of the Service Provider and is not responsible for the maintenance schedule or faults on the server/s.