1. GENERAL TERMS & CONDITIONS
Please note that by accepting these terms, you also accept any additional terms
not included herein as stated on our website.
Our packages are based on a 12-month agreement (unless otherwise stated).
After the first 12 months of the agreement lapses, it will be a month-to-month
agreement, whereafter the client can cancel their services with us with a
minimum of 30 days notice.
David Theron t/a Webify24.com (herewith known as “webify24” or “Service
Provider”) will in no way be held liable for any wrongly interrupted information,
it will be the client’s responsibility to ensure that all information is put into
writing and confirmed. It will also be the client’s responsibility to ensure that
he or she fully understands all the terms & conditions prior to signing up. All
queries must be put into writing so we are able to respond to any queries. This
must be handled prior to signing up. Once this agreement has been approved
in writing, via voice note or a signed approval, the approval will be seen as
final and the contract’s terms & conditions will activate and be binding. Please
note, webify24 are website content creators and designers, with the ability to
offer limited technical support. Technical support can be offered in the form
of remote access log-in or advice. We cannot be held liable for email
problems, and technical errors that occur on a local machine, for this we can
only but make a recommendation.
If the client selects one of our website packages from the website, places it in
their cart, and completes the checkout and payment process, they accept the
Website Terms & Conditions set out here and are binding on all parties
concerned. Furthermore, if a client signs up to one of our Monthly websites
packages, they agree that the term of the agreement is for no less than 12
months. Please refer to paragraphs 2 and 3 for payment and cancellation
terms for said packages.
2. PAYMENT & INVOICE TERMS & CONDITIONS
As per the trade agreements, all websites hosted by webify24 must be settled
before the last day of the month. The last day of the Month refers to the 30th
or 31st of the current month. All invoices will be sent out via email on the 25th
of each month. Should payment not have been received by the 3rd of the new
month, webify24 reserves the right to suspend both the emails and the
website until such time as the account has been settled and add a 10%
penalty fee to the account.
Invoicing will start from the moment that the client signs and submits the
agreement, irrespective of the progress or state of the website. Once we
register a signed client on our servers, the client’s billing will commence.
Please note, that webify24 will in no way be held liable for service suspension
and operations not working because of bad payments or payment queries
where invoice numbers and company details were not used. All payments
made must have a valid invoice number as a reference as well as the
company name. Payment must please be made into the correct bank account
as the correct details are allocated at the bottom left corner of the invoice.
Service may be suspended due to bad reference numbers or payments that
have gone into the incorrect bank account number. Webify24 will not be held
liable for such suspensions it will be the client’s responsibility to ensure that
payments are made on time and that all details relating to that payment
reflects as it should so accounts are able to allocate your payment to the
correct invoice. If a client’s reference number does not correspond to the inv
number, service could be suspended until the account has been settled or
allocation was made.
It should be noted that upon a new signup, we register and pay for the
domain’s first year (only applicable to “.co.za” domains but excluding onepage websites), after which the client is responsible for the renewal payments every year. We will invoice the client
accordingly when it’s time to renew. All other domains are paid for upon
signup and for the yearly renewal.
3. CANCELATION TERMS
In the event that a client wants to cancel their agreement with webify24, they
need to do so in writing at least 30 days in advance and clearly state the
reason/s for cancelling. Cancellation can only be done by the owner, CEO, or
original agreement holder. The balance of the agreement must be settled
before the domain or files or emails are handed over to the client. No such
actions will be taken unless the client’s account is settled in full. Once the
cancellation date arrives, we will switch off all access to the website and
emails.
Once a client has cancelled their service with us, we will allow 5 business days
after the effect for the client to transfer their domain and emails before we
remove it from our server. Should a client fail to do so, webify24 and its
partners will not be liable for any losses incurred by the client due to failure to
transfer the domain, files or emails to their own hosting provider. Once the
client cancels, webify24 will not renew the domain on behalf of the client and
if they fail to transfer the domain over to their new hosting provider, it could
mean that the domain lapses and could be purchased by anyone.
4. LATE PAYMENTS
Late payments must be communicated to the team and should ample notice
be given webify24 will assist where possible to ensure his or her client enjoys
great service without suspension. In some instances where no
communication via email has been received by our admin team, webify24
reserves the right to switch these sites to a paused state. Please note that we
add a 5% late penalty fee to all late payments, unless a prior arrangement
has been made with us.
5. SITE SECURITY & DOWNTIME
We install a free Site Security plug-in that helps to secure your website against
malicious attacks and hackers. Because the plug-in is free, the features are
limited and we cannot guarantee that your site can’t be hacked or infected. To
prevent this from happening, this plug-in has a Premium upgrade option that
offers greater security and real-time security. If you wish to have this option
enabled, please enquire with us as to the costs involved. Should you opt for
the free version, it should be noted that if your site does get hacked or
infected with malware, webify24, its partners, or the server host, cannot be
held liable for any damages, loss of income or downtime. Any additional costs
incurred to regain the site or to clean up the site will be for the client’s own
account. Should a rebuild of the site be required, webify24 will invoice the
client for that service, separately from the agreement fee. It should be noted
that the first 30 days from activating the security plugin, the plugin is in learning
mode and the developer or webify24 cannot guarantee the security of the site
for the first 30 days from activation.
6. SERVER MAINTENANCE POLICY
From time to time the server hosts will do maintenance on the server. When
this happens the website will be offline. Please note that we have no control
over this process and we cannot be held responsible for any downtime if this
happens. We get notified on very short notice of such events and we will do
our best to inform our clients as soon as we can.
It should be clearly stated and understood that webify24 and all its partners
cannot be held liable if a web server goes down, crashes, or stops working due
to factors outside of webify24 or their partners’ control. webify24 and its
partners rents servers from a 3rd party supplier, has no physical access to the
server/s and as such, no liability for any downtime on the server will be taken
by us or our partners. In the event that a server crashes beyond repair, the
server hosting providers will be responsible for recovering what information
there is and installing it on a new server. Although webify24 does backups of
all our sites once completed, the option to back up your website on a daily
basis is available at an additional cost. It should be duly noted that due to the
complex nature of uploading backups, there is always a possibility that the
backup won’t work and that in some instances we need to hire a developer at
the client’s expense to resolve the issue.
7. MAINTENANCE POLICY
We include a set amount of maintenance hours per month with every package
and after those hours have been used, we charge a fee of R249 per hour. The
free hours only come into effect after the website has been made live. Any
additional hours or fees will be discussed with the client prior to initiating the
work. Please refer to paragraph 9 of this page for more info on maintenance
conditions and limitations.
3rd Party access to the WP-admin area: We don’t allow 3rd party access to a
client’s admin area of the website but should the client give us permission to
do so, it should be noted that webify24 will in no way, shape or form be held
responsible for any actions such a 3rd party takes on the website. If a 3rd party
damages something in the admin area, we will quote the client on repairing
such damages. Should a 3rd party take any malicious actions on the site or in
the admin area, or compromise the security of the site due to their actions,
webify24 will take no responsibility. Permission for a 3rd party to access the
admin area of the site must be put in writing and should we require a
developer of a plug-in to access the site, we will ask for permission from the
client first.
8. CONTENT AGREEMENTS
webify24 Offers 3 different website packages each with its own benefits. Each
package will have the first month as an upfront payment, payable pro-rata
when signing on. Packages include benefits such as email hosting, website
hosting, website build and design, support, maintenance and much more.
webify24 will register any new site and host them as an all-inclusive solution
base on all monthly contracts. ONCE-OFF: Please note, that all outright clients
will have to host their own websites. We are able to assist with suggestions as
to which hosting service provider/s to use.
webify24 have the ability to get any pre-existing website transferred and this
process may take up to 48 hours to complete. webify24 will in no way be held
liable for any loss of data during this process it will be the client’s
responsibility to ensure that backups have been done. Once a website is in our
control, billing will be implemented immediately whether the website is live or
not as hosting space and support services are operating at full capacity in the
background and space rented needs to be paid for. It will be the client’s
responsibility to get all the information need to us as quickly as possible.
webify24 will not be held liable for any billing issues due to a delay in
information from the client’s side. Once a client comes over to us they have up
to 48 hours to get all the relevant information to our head of design in order
for us to complete the website in a timely manner. A site with a .com .net
.online or any other address that does not end in a .co.za might attract a
transfer fee of R250 -R650 and webify24 will bill this amount to the client’s
account.
9. FAIR USAGE POLICY, MAINTENANCE, AND EDIT
LIMITATIONS:
There are three stages of web design and building:
1. Development Stage
2. Preview Stage
3. Launch Stage
The Development & Preview Stage:
During the development stage, we use the supplied info to build the site. Once
all the info has been placed in and we’ve done all the design work, we send a
preview link to the client. The website is not live yet and is still in the
development phase but now it’s known as the “Preview” stage.
At this “Preview” stage we allow 3 revision rounds to the site. A revision round is
defined as follows:
(a) A list of revisions sent to us in one email
(b) One revision request was sent to us.
Once that revision request is received and completed by us, it will count
towards one of the 3 rounds. Once those 3 rounds are used up, we can still do
revisions but we charge an hourly rate of R249. Once the client is happy with
the revisions and with the site and gives us the go-ahead to make the site live,
the maintenance policy comes into effect.
If the client wishes to change the theme after the preview stage has started,
there is a flat theme fee as well as an hourly fee to rebuild the website. Please
note: changing a theme means a total rebuild of the site and all of its
components.
Launch Stage:
Once the above stages are done and the client gives us the go-ahead to go
live, we enter the Launch stage. Once we go live, we include between 1 and 5
hours of maintenance per website per month. Once the hours has been used
up in a month and additional work needs to be done, additional maintenance
can be purchased from us. This excludes any IT support that is requested
from a client. Please see the definitions below.
The abovementioned limitations are there to prevent edit abuse which
negatively affects all clients and also ensures our time is equally divided
between our clients. Should a client abuse the Fair Usage Policy, we will
inform them of such via email before proceeding with any work and additional
costs may apply.
Definitions:
Maintenance:
This is any work that needs to be done on the website, including but not
limited to: edits, uploads, updates, upgrades, reporting, theme edits, add new
pages or content, etc
IT Support:
This is any task that requires our IT team to look into or do work for a client.
This includes but is not limited to: calls from clients, technical issues or
questions, email faults/errors and setups, website errors, fault finding,
research, general IT knowledge or requests or questions, etc. Please note that
IT support is not included in the packages provided and is charged separately
on a “per hour” basis. The clients will be billed for any IT support after the fact
and will be emailed to them.
Hourly charge:
We only charge for the actual amount of time spent on a request. For
example: if we spend 10 minutes on a task, we bill only 10 minutes on the
task. If a client purchases additional maintenance, the balance will remain
until it’s used up. On every task completed, we keep a job card and we email
this job card to the client; even if there is no charge on the task completed.
10. EMAIL SETUPS, TRANSFERS AND ERRORS:
For all new clients, we help to set up each email on their PC/laptop free of
charge. We send the setup details to the clients so that they could set up the
emails on more than one device if they wish to do so. Should a client request
we set up one or more emails on another device, we charge an hourly rate of
R249 for this service.
In the event that a client’s email/s stops working (after the initial setup) as
intended, they should inform us and we will take the required steps to find the
fault. We first check with server support for any faults and if faults are found
they are repaired. Should there be no fault on the server’s side, the problem/s
has to be located locally, in other words: on the client’s computer. If this is the
case, we charge an hourly rate of R400 and we will give the client an estimate
of the time it could take and quote accordingly. The client has the option to
either decline the quote or repair the email themselves or by a 3rd party of
their choice or accept the quote supplied by us. If the latter is chosen, we need
to log into the client’s computer and attempt to repair the email. Should it be
found that we cannot fix the problem, the quote supplied is still valid and
payable by the client. It should be noted that the time quoted to complete the
task/s is just an estimate and will be adjusted according to the actual time
spent on the matter and charged accordingly.
If a new client wants to migrate their old emails to the new server, we can do
that given the file sizes aren’t too big. Should the file sizes be too large to
transfer using standard procedures, we enlist the assistance of a 3rd party
developer. This cost is additional and will be payable by the client. We only do
email files transfers between one CPanel and another. If a developer needs to
assist in the above, we will quote accordingly.
Please note that our servers allow no more than 500 emails per hour. Bulk
emailing is not allowed on these servers and could lead to the email
account/s getting blocked. To clear blockages on emails that sent bulk mails
will be billed for separately. To send bulk emails, please consider using a 3rd
party email software like Mailchimp.
11. WEBSITE POLICIES REQUIRED BY LAW:
On every website we build, we have to put in a Privacy Policy and Terms &
Conditions. This info is supplied by the client and is not the responsibility of
webify24. Should the client not have these policies, we can generate them
with online policy generators and it would be the responsibility of the client to
make sure that the information in these policies is sufficient and correct. It is
also the client’s responsibility to ensure all the relevant POPI act information
is in place. We do install a plug-in that manages the POPI and cookies section
of the site and it’s the client’s responsibility to ensure these are correct. It
should be clearly understood that webify24 distances itself from any legal
action against a client due to mistakes, missing info, incorrect information, the
handling storage and management of client’s details, wording or any other
issues regarding the POPI Act document on the website.
12. SEO & WEBSITE PERFORMANCE:
We make use of two different website servers to host our client’s websites on:
1. Standard Shared servers
2. LiteSpeed Shared servers
By default, we place all our client’s websites on the LiteSpeed server. If a client is on
the Standard Shared server and wishes to move to the LiteSpeed server, this
can be done at an additional once-off fee plus the additional monthly fee that
accompanies this option. It should be noted that the server speed does affect
a site’s ranking score and a site running on LiteSpeed servers will perform
better ranking-wise than one on a standard server. On both these types of
servers, the site speed and performance will vary depending on a variety of
factors, such as the amount of info on the site, the number of visitors, the
current load on the server due to external factors outside of our control, etc.
These factors are not in our control and as such we cannot guarantee a
consistent server performance score.
During the built process, we do very basic SEO tasks like inputting Alt image
wording with keywords, and we install and set up an SEO plug-in to manage all
basic SEO settings. It should be noted that even though basic SEO settings
help with Search engine rankings, the majority of the ranking success depends
on many factors but it should be noted that basic SEO will not ensure your
website ranks high. More detailed SEO work, a paid-for plug-in, and constant
marketing from the client are some of the options available to the client to
improve their ranking score. A new website will not rank high for at least 6-18
months if proper marketing and constant SEO work is done by the client. It is
not the responsibility of webify24 or any of its partners to increase the ranking
of the clients’ site unless requested and paid for by the client.
Once we make a new website live, we register the website with Google and
request indexing from them. This process takes 24-72 hours but this time
frame is determined by Google.
13. 3rd PARTY ACCESS AND DEVELOPER ACCESS:
It should be duly noted that we do not allow 3rd party access to either the
Cpanel or wp-admin area unless it’s required to complete a task or tasks that
required the intervention of a 3rd party. Should the client request a 3rd party to
access the wp-admin console, such a request must also be approved by us
beforehand.
Should the client want access to the wp-admin console, we can grant this if
we are satisfied that it’s required and that the client will not cause any harm or
damage to the website. Should a client cause any damage whilst using the
wp-admin console, the repair cost would be for the client’s account.
A Client will get wp-admin access for the following reasons:
1. To access the e-commerce statistics of the website and to view and
process the orders, client info and products
2. To edit their products
3. To assist webify24 if required.
4. To do edits or setups that webify24 cannot do.
Due to the fact that we make use of shared servers, no Cpanel access will be
granted to the client or any 3rd party assigned by the client, unless special
circumstances arise. Should webify24 or any of its partners want to allow a 3d
party to access the Cpanel, we will not need the permission of the client as the
servers and Cpanel are the property of webify24.
14.Limitations of liability
- It is your obligation to ensure the accuracy, integrity, title or ownership, and security of anything you receive from the Internet. YOU AGREE THAT WEBIFY24 HAS NO LIABILITY, OF ANY SORT, FOR CONTENT YOU OR YOUR CUSTOMERS ACCESS FROM THE INTERNET.
- IN NO EVENT SHALL WEBIFY24 BE LIABLE TO YOU IN CONNECTION WITH THESE TOS OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, FOR ANY: (A) DATA LOSS, (B) DIRECT, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (C) LOST PROFITS, LOST REVENUES, LOST BUSINESS EXPECTANCY, BUSINESS INTERRUPTION LOSSES, OR BENEFIT OF THE BARGAIN DAMAGES. FOR THE PURPOSES OF THIS PARAGRAPH ONLY, THE TERM “WEBIFY24” SHALL BE INTERPRETED TO INCLUDE WEBIFY24’S EMPLOYEES, AGENTS, OWNERS, DIRECTORS, OFFICERS, AND AFFILIATES.
- NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TOS OR ANY OF THE OTHER POLICIES, WEBIFY24 SHALL NOT BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF OPPORTUNITY, LOSS OF SALES, OR LOSS OF SEARCH ENGINE RANK, SUFFERED BY YOU, YOUR USERS, YOUR CLIENTS, AND YOUR VISITORS, INCLUDING DURING PERIODS OF SCHEDULED MAINTENANCE, SERVICE SUSPENSIONS, AND VIOLATION OF THESE POLICIES.
- IN NO EVENT WILL WEBIFY24’S LIABILITY HEREUNDER EXCEED THE AGGREGATE FEES ACTUALLY RECEIVED BY WEBIFY24 FROM YOU FOR THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
- Webify24 will not be held responsible for any: (i) force majeure events described , (ii) problems or service outages caused due to reboots during standard maintenance periods, or (iii) Scheduled Downtime, as further defined in our Server Maintenance Policy.
15.Prohibited Uses:
- 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: info@webify24.com
- 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.
a. Topsites;
b. IRC scripts/bots, IRCD (irc servers), AutoSurf/PTC/PTS/PPC sites;
c. IP scanners, Bruteforce Programs/Scripts/Applications;
d.Mail Bombers/Spam Scripts;
eFile Dump/Mirror Scripts (similar to rapidshare);
f. Anonymous or Bulk SMS Gateways;
g. Websites or links to websites advocating human violence and hate crimes;
h. Websites promoting illegal activities. or linking to other websites that promote illegal activities;
i. selling, or otherwise disseminating, pornography or other erotic material, regardless of its literary merit;
j. hosting adult thumbnail galleries/banner exchanges;
k. lottery/gambling or chain letters, regardless of content, and regardless of your citizenship;
l. 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;
m. fraudulent sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com).
n. broadcasting or streaming of live sporting events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc.) or television;
o. cryptocurrency/bitcoin miners;
p. 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;
q. 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;
r. 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;
s. 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);
t. 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;
u. posting links to prohibited items, facilitating a violation of our Policies, or instructing others in illegal or prohibited activities; and
v. setting up or using (via the Service) proxies, proxy scripts/anonymizers of any kind.
w.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.