GENERAL TERMS & CONDITIONS

Introduction

This document defines the terms of service which conditions our working relationship.  Should any service provided by SEO WebDesign be used the Client will be bound by these terms listed below.  You confirm that you are in agreement with SEO WebDesign.

Definitions

As used herein and throughout this Agreement:

“Agreement” means the entire content of this Basic Terms and Conditions document, the Proposal document(s), Schedule(s), together with any other Supplements designated below, together with any exhibits, schedules or attachments hereto.

“Content” means all materials, information, photography, writings and other creative content.

“Copyrights” means the property rights in original works of authorship, expressed in a tangible medium of expression, as defined and enforceable under South African and International Copyright Law.

“Deliverables” means the services and work product specified in the Proposal to be delivered by SEO WebDesign to the CLIENT, in the form and media specified.

“Services” means all services and the work product to be provided to Client by SEO WebDesign as described and otherwise further defined.

“Trademarks” means trade names, words, symbols, designs, logos or other devices or designs used in the Final Deliverables.

“Ongoing Management” means the ongoing work to keep the website functioning and secure. This includes, but is not limited to: data management, backups, maintenance, upgrades and software patches.

SUBCONTRACTING

SEO Webdesign reserves the right to subcontract any services that we have agreed to perform for you as we see fit.

Any subcontractors or external suppliers will be bound to the terms of this agreement.

 

PAYMENTS & SUSPENSIONS

All fees for work already done are non-refundable.  Payments need to be made strictly as per invoice date as outlined by the quoted agreement. All payments for monthly services are strictly due by the 1st of every month.

SEO WebDesign reserves the right to suspend all services due to non-payment until the account has been brought up to date.

SEO WebDesign provides a 10 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 10 days will result in account and service suspension until account balance has been paid in full. Access to the account will not be restored until all outstanding payments have been received. 

Should services be suspended for more than 90 days without payment, SEO WebDesign reserves the right to remove all files from our servers and delete the account. There is no guarantee a backup will be available after this grace period. 

Copyright

The CLIENT is responsible for all trademark, service mark, copyright and patent infringement clearances. The CLIENT is also responsible for arranging, prior to publication, any necessary legal clearance of materials SEO WebDesign uses for any project. The CLIENT indemnifies SEO WebDesign against any loss or damage arising directly or indirectly from any unauthorised use of photographs, text, or other Intellectual Property not under copyright ownership of the CLIENT.

Ownership / Project Copyright

SEO WebDesign reserves all rights over working source files, databases and owns full ownership of the website and design. The CLIENT will not have access to the Control Panel, Database or FTP, unless otherwise agreed to.

ADDITIONAL CHARGES

All rates provided in your agreement are for the work actually contemplated by the quoted agreement.

In the event that additional work is required or requested beyond what is reasonably contemplated by the quoted agreement.

The Customer agrees to pay any additional charges for such unanticipated or requested work at an hourly rate or monthly fee mutually agreeable to both parties.

  

REFUNDS

Refunds will only be applicable to overpaid services or services not delivered in a timely manner as outlined by the quoted agreement.

3rd Party Services refunds are based on the 3rd parties own refund policy and SEO WebDesign will not be liable for any costs or charges of 3rd party services used.

 

CANCELLATIONS

All cancellations must be requested 30 days in advance via email writing.

All cancellations will incur a penalty fee of the percentage of work done on the project total whether delivered to the client or not. 

FORCE MAJEURE

SEO WebDesign shall not be deemed in breach of this Agreement if SEO WebDesign is unable to complete the Services or any portion thereof by reason of fire, earthquake, labor dispute, act of God, death, illness or incapacity of SEO WebDesign or any local, provincial, national or international law, governmental order or regulation or any other event beyond SEO WebDesign’s control (collectively, “Force Majeure Event”).

Upon occurrence of any Force Majeure Event, SEO WebDesign shall give notice to the CLIENT of its inability to perform or of delay in completing the Services and shall propose revisions to the schedule for completion of the Services.

 

COMMUNICATION

All communication regarding service changes must be done in writing via email.

 

REFUSAL OF SERVICE

SEO WebDesign reserves the right to refuse, cancel, or suspend service at our sole discretion within human reason.

 

LEGAL

SEO WebDesign reserves the right to contact legal assistance should there be any dispute over payments or services rendered.  The client will be held liable for all legal charges and damages caused to SEO WebDesign.

 

 

 

WEBSITE DESIGN TERMS & CONDITIONS

TIMEFRAME

It can take up to 22 working days for project completion from the day the deposit is paid. If it is a custom project this rule does not apply and a separate agreement will be arranged. 

The client is responsible for supplying content and revisions in a timely fashion. Should 22 working days pass and the site is not yet completed due to client delay the agreed to payment is still due and will be invoiced.

 

DESIGN

We create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes.

We create designs iteratively and use predominantly HTML and CSS so we won’t waste time mocking up every template as a static visual.

We may use visuals to indicate a creative direction (colour, texture and typography.) We call that ‘atmosphere.’

You’ll have plenty of opportunities to review our work and provide feedback. We’ll share a demo of the progress.

In some cases, on content management system based websites theme based systems are used to speed up a lengthy process and keep down development costs.

We may need to use a theme and customise it towards your brand’s look and feel.  We will have you look at a design idea and work together to adapt your brand’s requirements.

 

 

BACKUPS & MAINTENANCE

SEO WebDesign will provide one backup of the site files once the project is completed.  For any additional backup and maintenance services an additional monthly charge will be applicable. 

SEO WebDesign will do everything to secure complete working backups however cannot be held liable for any corrupt or broken backups. 

No backups are guaranteed.

 

HOSTING & DOMAINS

SEO WebDesign can assist with hosting at an additional monthly fee.  SEO WebDesign is not responsible for any loss, damage to any website due but not limited to malicious damage, hacking, broken files to any website. 

We make use of a 3rd party hosting service and are bound by their terms and conditions.

 

WEBSITE REPAIRS

If the CLIENT or any person acting as an agent to the CLIENT other than SEO WebDesign attempts to update, edit or alter the website, source files, infrastructure or hosting management in any way that causes damage to the site’s architecture.

SEO WebDesign will assess the damage and charge per our standard hourly rate at the time to repair the system.

This is an additional charge above the costs outlined by your agreement.

 

BROWSER TESTING

We test all our work in major and most mobile browsers. We will do our best to always keep content displaying accordingly however SEO WebDesign cannot be held responsible for any issues related to browsers that do not display the content correctly at any stage.

Should the client find any display or functionality issues on the website, it is the client’s responsibility to notify SEO WebDesign of the error in order for us to repair the fault.

 

CONTENT

Unless agreed separately all content is to be supplied by the client.

Graphics and photographs must be owned by the client or you must have the necessary license to use the content.

All content must be supplied in a copy paste format as per website sections.

 

CHANGES AND REVISIONS

We don’t want to limit the CLIENT’s ability to change their mind. The price at the beginning of this contract is based on the number of weeks that we estimate we’ll need to accomplish everything you’ve told us you want to achieve, but we’re happy to be flexible.

If you want to change your mind or add anything new, that won’t be a problem as we’ll provide a separate estimate for those additional weeks.

Web Hosting Terms & Conditions

SEO WebDesign make use of a 3rd party hosting company through which we rent server space.  These servers are not hosted nor maintained by us and we are bound by their terms and conditions.  Below is an outline of those terms.

Domain Services

We use the services of a third party registrar to register domains. The registration is subject to the terms of the relevant registrar. Registration, maintenance, or transfer of a domain name is subject to the terms of the relevant registry governing the domain name.

When registering a domain name, it is not your property, it cannot be “owned” by anyone. We will register the domain in the name of the “Registrant” and they will have full control of the domain. We cannot guarantee the registration of a domain name, we will make every effort to register the domain that you choose.

We will not be held responsible if you give us incomplete or inaccurate information that will lead to a delay in the registration process. If you are acting on behalf of the domain owner, you agree to register the domain in your customers name. It is important to ensure that the correct person or entity is disclosed as the registrant. All registrant details must be true and accurate, you are not allowed to prevent a domain owner from moving their domain away should they choose to do so.

We will only act on instructions of the account holder or other authorised users on the account. We act on your instructions to the extent that those instructions are possible and lawful.

All domain registrations are final. Domain names cannot be modified once they have been registered, a new domain will need to be registered.

You warrant that:

  • All information provided in the registration of the domain is complete and accurate.
  • You are entitled to register the domain name.
  • If you are not the domain owner, that you have permissions from the owner to act on their behalf. 
  • You are not breaking any law or violating any Intellectual Property Rights by registering this domain.
  • The domain will not be used in a malicious way.

 

We will do our utmost to prevent expiry of your domain name, it remains your responsibility to ensure that the domain does not expire. Our billing system has been programmed to automatically generate your domain renewal invoice unless you expressly tell us not to do so, in which case the domain will expire. We try and send reminders before expiry dates. It may occur that reminders are not sent due to events beyond our control, we will not be held liable.

You indemnify us against any loss or damage that we may suffer arising from registration of your domain name.

Domain Cost Refund Policy

Please note that fees payable for domain registration and renewal costs are non-refundable. SEO WebDesign accepts no responsibility for any typing errors (spelling mistakes) you make when ordering a domain name with us. Once a domain name has passed its expiry date there is no guarantee that we are able to renew the domain, additional charges might apply in these cases.

Premium Domains

As various registries worldwide mark high value domains as premium domains, these domains cost more. We will make every effort to apply pricing of a premium domain prior to checkout however this may not always be possible. Should the Customer have paid for domain which is a premium domain / marked / reflected as premium, the Customer will be given the opportunity to pay the premium domain name fee or a refund of the price paid will be given to the customer.

Traffic/Storage Policy

Our plans do not have set limits on bandwidth. Instead, we have a fair use policy which goes as follows.

Bandwidth is unlimited as long as:

  • it is used as an integral part of your website,
  • you are not intentionally abusing the service by using excessive bandwidth or disk storage,
  • you are not violating our terms and conditions, and you are not impeding our capability to provide other service to other customers.

Email storage is shared from the main pool of storage allocated to your account.

 

SPAM Policy

SEO WebDesign takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of SEO WebDesign may not use or permit others to use our network to transact in UCE. Customers of SEO WebDesign may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

If your actions have caused SEO WebDesign’s mail servers or SEO WebDesign’s IP address ranges to be placed on blacklists and other mail filtering software systems used by companies on the Internet, you will be assessed a R500 charge to your account for administrative charges incurred to remove and protect mail servers and IP ranges.

Content Policy

All services provided by SEO WebDesign are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any South African, United Kingdom or United States Federal, State, Provincial or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless SEO WebDesign from any claims resulting from the use of the service which damages the subscriber or any other party.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to SEO WebDesign’s servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

  • Pirated software
  • Hacker programs or archives
  • Fraudulent activies
  • Adult sites
  • Spellcaster sites
  • Warez sites

Any illegal activity, online gambling, spamming or hacking will result in your site being shut down. The customer is solely responsible for the content stored on and served on their hosting space.

SEO WebDesign will be the sole arbiter as to what constitutes a violation of this provision.

Scripts and Software Policy

You are free to install and use any scripts you wish, (as long as they are not on our banned scripts list, see below) however we reserve the right to disable any script or software in your hosting account that affects normal server operation or service to other SEO WebDesign customers.

SEO WebDesign is not responsible for scripts that you use in your hosting. It is not our responsibility to ensure your scripts function correctly. Please don’t expect our support techs to troubleshoot aspects of your scripts or third party scripts that you use on your sites hosted on our servers.

SEO WebDesign provides technical support for the server & server related softwares. Any scripts included in the Softaculous are 3rd party scripts and support is not provided by our techs.

The following scripts are banned due to the potential harm they can cause to other sites on the same server:

  • Torrentflux (and similar scripts)
  • AlienForm (all versions)
  • formmail.pl
  • Greymatter (all versions)
  • Open Webmail
  • Ikonboard (all versions)
  • IRC Egg Drops & IRC related programs.
  • Chat software
  • lstmrge.cgi
  • Proxy Servers & Scripts (EX: nph-proxy)
  • Shell, SSH, Telnet Scripts and Shell, SSH, Telnet Alternatives (cgitelnet.pl)
  • The Anonymizer
  • UltimateBBS (all versions)
  • YABB + YABB se (all versions)
  • Any script that uses / processes a massive number of flatfiles or large flatfile databases.
  • Crypto currency mining software, crypto currency wallets and crypto currency related websites.

Resource Usage

Our hosting accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs server/network performance is prohibited by this policy and may result in suspension of your account without notice. You are prohibited from excessive consumption of resources, including processing time, memory and session time. You may not use resource-intensive programs which negatively impact other customers or the performance of SEO WebDesign’s systems or Hosting. SEO WebDesign reserves the right to terminate or limit such activities.

System and Network Security

Users are prohibited from violating or attempting to violate the security of the SEO WebDesign Network. Violations of system or network security may result in civil or criminal liability. SEO WebDesign will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Taking any action in order to obtain services to which such user is not entitled.

Backups

Full backups are made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the client’s responsibility to maintain local copies of their web content and information.