TERMS OF SERVICE
THE TERMS OF SERVICES FROM DESIGNAWEB SA. AND WWW.DESIGNAWEBSA.CO.ZA [HEREAFTER REFERRED TO AS “DESIGNAWEB SA”] CONSTITUTES AN AGREEMENT TO THESE TERMS.
WEBSITE DESIGN, ONGOING SUPPORT & INTERNET MARKETING
All Web Design & Development and Ongoing services provided by Designaweb SA are subject to the following terms and conditions;
Estimates provided to prospects will be honored for 30 days. A new quote will then be provided upon request.
2. CHARGES & FEES
2.1 WEB DESIGN PACKAGES:
All new web design projects require an initial 50% deposit that will be due when accepting the order. The remaining 50% balance will be due upon acceptance of the completed web design project before it is released to the client or published to the internet.
Designaweb SA retains the right to hold all graphics, and project development with the exception of content and graphics provided by the client until payment is received for such items. (see copyright & ownership clause)
Designaweb SA accepts payments via EFT and Debit/Credit Card (Payfast). Your project will not be released to you or uploaded until full payment is received.
4. HOURS OF OPERATION
Our business hours are Monday to Friday from 9:00 am to 4:00 pm. Our website/hosting support is available 24/7.
5. WEBSITE DESIGN CREDIT
All Designaweb SA web design clients will have a “Designed by: Designaweb SA” link on their website in the footer of every page. This is non-negotiable. By hiring us to work on your website you are agreeing to this, and that you understand that this link may NOT be removed without our consent. You may pay Designaweb SA a fee of R500.00 to have this link permanently removed. Should you have a new layout designed for your site by a company other than Designaweb SA, you may remove the credit from your website after changing the site.
6. COPYRIGHT & OWNERSHIP
Upon completion of the project, Designaweb SA transfers all rights and ownership of CUSTOM designs and programming written by Designaweb SA to the client. Software and third-party graphics or programs are not transferred to the client and remain under the copyright of their respective owners.
Designaweb SA reserves the right to resell custom designed websites that remain unpaid by the original client, or other graphics created by Designaweb SA but not in legal use by the client.
Designaweb SA reserves the right to display websites and graphics that have been designed by Designaweb SA on their website, and in any marketing material to aid as examples of our work.
Designaweb SA requires a 50% deposit before we begin work on any project. A request to terminate services must be presented to Designaweb SA in writing. Designaweb SA has a Guaranteed 30 Day Turnaround for your project. If we fail to complete your project within 30 days of the start date AND you have turned in all content, images, and information requested by us, you will receive half of your deposit refund within 30 days of your written request.
Refunds will be processed within 30 business days of the request by the client if there is a refund amount due based on the terms above.
We are unable to offer refunds on SSL certificates and domain services. Hosting services carries a 30-day money back guarantee when the hosting plan was purchased separately and not part of a website design package. If you are dissatisfied with the services provided, we will be happy to work out a solution with you that will meet your company needs.
Designaweb SA will not negotiate chargebacks with any person or company. Our Refund policies are clearly stated above, and all clients are asked to read and agree to our terms of service prior to the start of any project.
9. DEVELOPMENT & DELIVERY
Designaweb SA understands the importance of completing projects in a timely manner. We agree to complete the web design project within 30 days from the date of your first deposit payment. If the client does not supply Designaweb SA with complete text, graphic content and other requested materials for the contracted client within 30 days of contract signing, the contract becomes void and all deposits paid by the client are forfeited. The client may request a project extension in writing to Designaweb SA for an additional fee of 20% of the project total cost for every 30 days of extension. All extension fees are due upon agreement of the extension between Designaweb SA and the client.
If we are unable to communicate with a client on a project for a duration of at least fourteen (14) days by phone or email during the design and development process, the project will be canceled without prior notice and no refund will be issued.
Services purchased from Designaweb SA are provided “as is” without warranty of any kind that the web design project will be uninterrupted or error-free. In no event shall Designaweb SA be liable to the client for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of the website, services, and/or goods provided to the client. This includes, without limitation, lost profits, business interruption, loss of data or other losses directly resulting from the use of the website, services, and/or goods provided to the client. The entire risk as to the quality and performance of the web design is with the client.
Please note that by submitting your deposit or down payment for our services, you are agreeing to all of our terms of service as written here. Designaweb SA reserves the right to change or update these terms at any time without prior notice.
13. ONGOING SUPPORT & INTERNET MARKETING SERVICES
Are subject to the above terms and are paid on a yearly, monthly or hourly basis depending on the agreement details as stated in the original estimate(s).
14. USER AGREEMENT & HOSTING TERMS OF SERVICE
The use of services from Designaweb SA constitutes an agreement to these terms.
14.1 ACCOUNT SETUP / EMAIL ON FILE
We will set up your account before we create your order. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account.
Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we cannot make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases, we may be unable to assist you in a transfer of data from an old host.
Please contact us with specific details to receive a price quote for website transfers.
All services provided by Designaweb SA may only be used for lawful purposes.
The customer agrees to indemnify and hold Designaweb SA harmless from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of content, images, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email email@example.com.
EXAMPLES OF UNACCEPTABLE MATERIAL ON ALL SERVERS INCLUDE:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Multi-Level Marketing Schemes, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account.
Designaweb SA services, including all related equipment, networks, and network devices are provided only for authorized customer use. Designaweb SA systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Designaweb SA system(s) constitutes consent to monitoring for these purposes.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via ticket/email and will have a response within 24 hours.
If in doubt regarding the acceptability of your site or service, please contact us via our contact form or email and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography. Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
14.4 ZERO TOLERANCE SPAM POLICY
We take a zero-tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double opt-in” will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
Designaweb SA reserves the right to require changes or disable as necessary any web site, account, database, or other components that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
Designaweb SA reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean-up fee. This cost of the clean-up fee is entirely at the discretion of Designaweb SA.
14.5 PAYMENT INFORMATION
You agree to supply appropriate payment for the services received from Designaweb SA, in advance of the time period during which such services are provided. You agree that until and unless you notify Designaweb SA of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Cancellations must be done in writing via the cancellation form provided in your Designaweb SA Client Area, or via email. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic “Your request has been received…” email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.
As a client of Designaweb SA, it is your responsibility to ensure that your payment information is up to date and that all invoices are paid on time. Designaweb SA provides a 7 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 7 days and not paid will result in account suspension until account balance has been paid in full.
Designaweb SA reserves the right to change the prices/charges at any time.
14.6 BACKUPS AND DATA LOSS
Your use of the service is at your sole risk. Designaweb SA is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Designaweb SA servers.
14.7 CANCELLATIONS AND REFUNDS
Designaweb SA reserves the right to cancel the account at any time with or without notice.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
Customers may cancel at any time via a cancellation form or via email.
There are no refunds on administrative fees, install fees for custom software, hosting (if purchased as part of a website design package), SSL certificates or domain name purchases.
Violations of the Terms of Service or User Agreement will waive the refund policy.
14.8 MONEY BACK GUARANTEE
Each of Designaweb SA hosting packages carries a 30-day unconditional money back guarantee on them. If you are not completely satisfied with our hosting services within the first 30 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly/annually hosting packages and does not apply to website design hosting packages, administrative fees, install fees for custom software, SSL certificates or domain name purchases.
14.9 UPTIME GUARANTEE
If your shared server has a physical downtime that is not within the 99.9% uptime you may receive pro rata credit for the downtime on your account. Approval of the credit is at the discretion of Designaweb SA dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact firstname.lastname@example.org with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared hosting solutions.
14.10 SHARED SERVERS
Shared accounts may not resell web hosting to other people.
14.11 PRICE CHANGE
We reserve the right to change prices listed on our company websites, and the right to increase the number of resources given to plans at any time.
Customer agrees that it shall defend, indemnify, save and hold Designaweb SA harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Designaweb SA, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold Designaweb SA harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Designaweb SA; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Designaweb SA’ server.
Designaweb SA shall not be responsible for any damages your business may suffer. Designaweb SA makes no warranties of any kind, expressed or implied for services we provide. Designaweb SA disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Designaweb SA and its employees.
16. DISCLOSURE TO LAW ENFORCEMENT
Designaweb SA may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies.
We will cooperate fully with law enforcement agencies.
17. CHANGES TO THE TERMS OF SERVICES
Designaweb SA reserves the right to revise its policies at any time without notice.
18. REGISTRANT EDUCATION AND DOMAIN NAME REGISTRANTS RIGHTS
For more information about Registrant Education, please click here: http://www.icann.org/en/resources/registrars/registrant-rights/educational
For more information about Domain Name Registrant Rights, please click here: http://www.icann.org/en/resources/registrars/registrant-rights/benefits
Any party seeking to report violations to any Designaweb SA policy may contact us via e-mail at email@example.com.