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Terms & Conditions

Terms & conditions

The Hosting Provider, an interactive digital marketing and internet web design provider offering graphical design, HTML, CSS, Javascript, web video and other related computer and internet services, has agreed to provide monthly website hosting, once-off web design and annual domain registration services to The Principal upon and subject to the following terms and conditions:

THE PARTIES AGREE as follows:

  1. 1. Website Hosting, Design and Domain registration services

 

  • The Hosting Provider will provide the monthly hosting, once off-web design and annual domain registration services to the Principal.
  • The monthly hosting, once off-web design and annual domain registration services shall be provided for a period of twelve months (12) months, after which the hosting services will be provided by the Hosting Provider on a quarterly basis until such time as this Agreement is terminated by either party pursuant to clause 5 of this Agreement.
  • Any additions to briefs provided will be carried out at the discretion of The Hosting Provider and where no charge is levied by the Hosting Provider for such additions, the Hosting Provider accepts no responsibility to ensure such additions are error free and reserves the right to charge an according amount for any correction to these or further additions.
  • The Principal agrees to make available as soon as is reasonably possible and at his own cost, to the Hosting Provider all materials required to complete the site to the agreed standard and within the set deadline.
  • The Hosting Provider will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
  • The Hosting Provider cannot take responsibility for any copyright infringements caused by materials submitted by the client and reserves the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
  • The Hosting Provider reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise.
  • The Hosting Provider will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
  • The Hosting Provider cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with The Principal in ensuring that all software is functioning correctly before use.
  • The Principal is expected to test fully any application or programming relating to a site developed by The Hosting Provider before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, The Hosting Provider will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief. Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, the Hosting Provider cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
  • The Hosting Provider guarantees that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with certain web browsing software i.e.: Safari 3+, FF 3+, IE 7+, Opera 10+, Google Chrome. Sites are W3 Valid x HTML 1.0 Transitional, W3C Valid Shorthand with Tableless CSS markup and Optimized CSS.
  • The Principal agrees that a HTML page built from a graphic design may not exactly match the original design because of the difference between the display in design software and the rendering of HTML code by internet browser software. Where a design is provided, the Hosting Provider agrees to try and match the design as closely as is possible when building the code.
  • Should an error or issue with the design or code arise during the project which does not allow the design or code to match the original specification, then The Principal agrees that the Hosting Provider can apply a nearest available alternative solution.
  • Due to external factors, such as changes to the way search engines rank websites, The Hosting Provider cannot offer any guarantees regarding the search engine rank that will be achieve for websites. The process of optimizing websites itself will bring in more traffic and hits and increased visitor numbers will occur naturally over time. The Hosting Provider cannot accept liability for any change in rankings, or drop off in the position of websites due to changes in the algorithms of the search engines or the factors that they use to rank websites.
  • Whilst the Hosting Provider recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by the Hosting Provider and cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
  1. 2. Payment

 

  • The Principal agrees to pay the Hosting Provider the hosting service fee commencing in the month that The Principal’s domain is registered by the Hosting Provider and every month thereafter.
  • The Principal agrees to pay the Hosting Provider the Fees specified in the schedule above.
  • It is the Hosting Provider’s policy that any outstanding accounts for work or services carried out by the Hosting Provider or its affiliates are required to be paid in full, no later than 14 days from the date of the invoice unless by prior arrangement. All invoices rendered by the Hosting Provider are therefore payable within fourteen (14) days from the date of the invoice. As the Hosting Provider incurs cost immediately upon domain registration, the Hosting Provider will invoice The Principal in advance prior to the end of each month in which payment is due.
  • The Principal agrees to pay the invoice within 14 days from the date of invoice.
  • Not withstanding the above, the Hosting Provider may quote and subsequently invoice The Principal on an interim basis for any additional services performed or products supplied over and above the monthly hosting service.
  • In the event of an unsettled account, access to the related website may be denied and web pages removed.
  • Following consistent non-payment of an invoice, the Hosting Provider’s solicitors may contact The Principal in question, with a view to taking the matter further and if need be, to seek payment through legal procedures, and if necessary court summons.
  • After site completion, The Principal or a third party of their choosing may wish to edit their web site themselves to make updates. However, The Principal agrees that in so doing they assume full responsibility for any issues which occur as a result of changing the site themselves. If The Principal or a third party of their choosing edits the web site and this results in functionality errors or the page displaying incorrectly, then the Hosting Provider reserves the right to quote for work to repair the web site.
  • The Hosting Provider reserves the right to assign subcontractors in whole or as part of a project if needed.
  • In the event that the generous traffic and disk space allocations are exceeded, the Hosting Provider reserves the right to charge the Principal overage costs as follows: R 0.05 / mb over the allotted 1 000 mb (1GB) monthly traffic and R 0.69 / mb over your allotted hard disk space allocation per month. Alternatively – in consultation with the Principal – The Hosting Provider may take steps to ensure that disk space allocations are not exceed.
  • All communications between the Hosting Provider and The Principal shall be by telephone, email, Skype or postal mail, except where agreed at the Hosting Provider’s discretion.
  1. 3. The Principal’s obligations, customer content and acceptable use

 

  • The Principal will adhere to all applicable laws, rules and regulations.
  • The text / copy shall be legal, decent, honest and truthful; and shall comply with the South African Code of Advertising Practice and other Codes under the general supervision of the Advertising Standards Authority; and shall comply with the requirements of current legislation.
  • Where applicable, The Principal authorizes the Hosting Provider to remotely access the Principal’s computing facilities for the sole purpose of providing the Principal with the required web products or services.
  • The Principal will provide the access in clause 3.3 free of charge in order to permit the Hosting provider to complete the stipulated web products or services.
  • The Principal grants the Hosting Provider a limited, non-exclusive, royalty free, non-sublicensable licence to the Hosting Provider to host, reproduce, transmit, cache, store, exhibit, publish, display, distribute, perform, edit, adapt, modify, create derivative works from, and otherwise use the Principal’s content as necessary to provide the Services to the Principal.
  • The Principal hereby agrees that all media and content made available to the Hosting provider for use in the project are either owned by The Principal or used with full permission of the original authors. The Principal agrees to hold harmless, protect and defend the Hosting Provider from any claim or law suit that may arise as a result of using the supplied media and content.
  • The Principal agrees that the Hosting Provider may include development credits and links within any code the Hosting Provider hosts, designs, builds or amends.
  1. 4. Archiving Data

 

  • Although the Hosting Provider will occasionally archive the Principal’s data onto a backup mechanism, The Principal agrees that it is their responsibility to have regular backups of their website and software made by themselves or third party services in case of a software or hardware failure.
  1. 5. Termination

 

  • Either party may terminate this Agreement by giving the other party 60 days notice of its intention to terminate.

 

  1. 6. Confidentiality

 

  • The Hosting Provider agrees that it must not use confidential information for any purpose other than for the benefit of The Principal during or after the term of Agreement.
  • The Hosting Provider agrees to return to the Principal any or all confidential information on the request of The Principal.
  1. 7. Warranties and indemnities

 

  • All warranties, conditions and representations whether express or implied other than express warranties stated by the Hosting Provider in writing are expressly excluded except in circumstances whereby the Hosting Provider is by law unable to exclude or limit such liability.
  • The Principal agrees to take all legal responsibility for use of third party domain name, hosting and email services and hereby agrees to indemnify and hold harmless the Hosting Provider from any claim resulting from The Principal’s publication of material and use of the domain name, hosting and email services. Any support or payment due relating to the domain name, hosting and email services are to be made between The Principal and the third party service.

 

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