Terms Of Service
GENERAL TERMS: SIGN UP
The Service provider offers the client 3 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 in 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 5-10 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 for 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. If the Client signs up for our service in the first 2 weeks of the month, the Service Provider will invoice the Client on the 25th of the same month. If the Client signs up for the Service Provider’s services in the last 2 weeks of the month, the Client will be invoiced on the 25th of the following month. 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 Providers’ account. It is the responsibility of the Client to ensure prompt payment is made to the Service Provider to accommodate the waiting period of 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.
In order for the service provider to build and host the client’s website, the client’s domain must be transferred to the Service Provider’s hosting provider, which is Register Domain SA. Under no circumstances will the website built by the Service Provider be hosted on another service provider’s servers. The Service Provider will issue a domain transfer request to the client’s current service provider. The client should then give permission to their current service provider to accept the transfer. Once this has been done, the domain will be transferred to our servers where the client’s new domain will be hosted.
It is the responsibility of the client to ensure they do a backup of all their emails of all their email addresses before the domain transfer is accepted. Accountability of lost emails during the transfer process will not fall on the Service Provider. The Service Provider will assist the client in backing up the emails if required at no additional cost.
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 fulfil 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 cancelled 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 varying hours 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. Please note that anything in an hour is regarded as an hour and will be billed accordingly.
In case of cancelation, the following terms will allow the 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 with 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 and place a pause on all related email accounts. 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 or backups of the said website will not be transferred to the Client at any stage. Because the Service Provider charges no upfront fees or build fees, the content and design elements or backups will remain the property of the Service Provider. It will be the responsibility of the Client to provide the relevant information to their new web designer/developer, should they wish to move their website over to them. In the event that the Client has an eCommerce 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. 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.
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. 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. No access to the cPanel will be granted to any client. The Service Provider accepts no responsibility for any wrongdoing or damages caused by the Client while inside the back office. Should the Client cause any damage that needs repairing, the Service Provider will charge an hourly rate of R180.00.
The Service Provider will issue the Client a renewal agreement 30 days prior to the current agreement’s end date. The renewal of the agreement has a renewal fee of R85.00 and will be charged against the Clients account on the first upcoming invoice after the contract has been renewed. 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 renewal agreement not be signed and sent to the Service Provider by the due date, the Service Provider reserves the right to put the Client’s website on hold until the renewal contract and it’s relevant fees has been paid or until such time as the Client informs the Service Provider of cancelation. Should the Client experience any delays or issues, it should be put in writing to the Service Provider and the Service Provider will do as much as it can to accommodate the Client.
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.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Webify24, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Webify24 and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of South Africa.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.