Terms & Conditions
Content & Indemnification
1. The Customer acknowledges that SiteWorx does not regulate or take any responsibility for the content of The Customer's pages or for the security of The Customer's password.
2. The Customer agrees that the security of his/her passwords is solely their responsibility.
3. The Customer agrees that if he/she believes the security of their account has been compromised in any way, that he/she will notify SiteWorx immediately.
4. The Customer warrants that he/she has all rights necessary to lawfully submit any information or materials that he/she is uploading or transmitting to SiteWorx, including all intellectual property rights.
5. The Customer agrees to indemnify SiteWorx against any action brought by a third party as a result of such material or information, or as a result of The Customer's use in any way of the services provided by SiteWorx.
6. Any use of SiteWorx hosting to engage in software piracy or any other violations of law will result in immediate account suspension.
Trademarks & Copyrights
The Customer warrants that he/she has the right to use any trademarks and or servicemarks which The Customer may chose to use in it's domain name, website or any other related product or service. SiteWorx cannot be held responsible in the event of a Customer infringing on any intellectual or property copyright.
The Customer agrees to observe the following:
1. No e-mail shall be sent to unsolicited addresses (SPAM).
2. No Multiple Cross Posting on News Groups where a SiteWorx hosted website is being promoted or a SiteWorx hosted email address is being used shall be permitted.
3. SiteWorx hosting or any of its resources may not be used to impersonate another person or misrepresent authorisation to act on behalf of others or SiteWorx. All messages transmitted using an account provided by SiteWorx must correctly identify the sender.
Any customer who fails to observe the above etiquette will have their account suspended pending an investigation. Should The Customer be found guilty of any of the above offences, The Customer's account will be terminated with immediate effect. In addition, SiteWorx reserves the right to take legal action against The Customer, to recoup any losses caused by The Customer's actions, including but not limited to, blocking of IP addresses which affect SiteWorx operations or that of other clients on our network.
1. SiteWorx makes no warranties of any kind, whether express or implied, for the services to be provided hereunder.
2. The Customer agrees that SiteWorx shall not be liable for any losses or damages of any kind to The Customer, including but not limited to, loss that may result from service interruption, delays in account activation, delays in general, non-deliveries, or misdeliveries no matter what the cause might be.
3. SiteWorx makes no warranties regarding its ability to recover any lost file or information, regardless of how or why the file or information was lost or deleted.
4. Use of our services are at The Customers sole risk. SiteWorx is not responsible for files and data residing on The Customer's account.
5. The Customer agrees to take full responsibility for files and data transferred and to maintain an appropriate backup of files and data stored on the SiteWorx network.
6. Under no circumstances will SiteWorx be liable for any consequential damages or for any delictual liability of any nature whatsoever.
7. The Customer agrees that SiteWorx shall not be held liable for any loss of data, work time or any other issues arising out of work carried out on The Customer's computer or network to troubleshoot, repair, install, delete, backup or perform any other service on behalf of, or at the request of, The Customer.
8. The Customer agrees that SiteWorx shall not be liable for any loss or damages of any kind to The Customer's hardware or software, including but not limited to, Computers, Printers, External Hard Drives, USB Drives or Flash Memory.
Hosting & Billing
1. Service invoices will be sent to The Customer via electronic mail in advance of receiving the service. The Customer agrees to make payment for hosting on or before the 25th day of the month prior to receiving the service irrespective of whether an invoice has been received by The Customer or not. Accounts not paid by the 25th are subject to a 10% late fee charge, compounded monthly on outstanding amounts, and or immediate suspension of the service at the sole discretion of SiteWorx.
2. SiteWorx will not be held responsible for any damages, losses or claims as a result of a site being suspended for non payment.
3. Accounts 30 days past due are subject to cancellation which will result in the deletion of all of The Customer's files, including but not limited to web pages, e-mails and databases.
4. The Customer agrees that submission of credit card or bank account details to SiteWorx constitutes authorisation by The Customer for SiteWorx to bill the specified credit card or bank account for all fees owed by The Customer to SiteWorx.
5. The Customer agrees that all setup fees are non-refundable once setup is completed.
6. The Customer agrees that unless he/she notifies SiteWorx of his/her desire to cancel any or all services received, those services will be billed on a recurring basis.
Website Development & Billing
1. On acceptance of the SiteWorx quotation, a 50% non refundable deposit will be required before any work will commence. The outstanding balance will be due immediately upon completion of the work.
2. Invoices will be sent to The Customer via electronic mail. The Customer agrees to submit payment for all invoices immediately upon receipt. Overdue payments are subject to a 10% late fee charge, compounded monthly on outstanding amounts and or immediate removal of the site, at the sole discretion of SiteWorx.
3. If The Customer requests additions during development of the website, SiteWorx reserves the right to bill The Customer for the balance of the original quotation once that point in the work is reached.
4. The Customer agrees that additions made during development, will be billed at our standard rates once the site is completed.
5. The Customer may not withhold payment pending submission to search engines/index sites or achieving a ranking in those sites. Submission to these sites will only be done once all outstanding payments are received.
6. The Customer is responsible for supplying all content including, but not limited to, the page text, images and any other supporting documentation. This must be supplied to SiteWorx within a reasonable time period so as not to unnecessarily delay work on the website. Should an unreasonable time period elapse and SiteWorx has completed the majority of work, SiteWorx reserves the right to invoice The Customer for the balance of the quotation or a relative portion thereof, at the sole discretion of SiteWorx.
7. All text should be supplied in Plain Text or a Word Document format, with no additional formatting or embedded images. The text must be clearly identified, by a heading or file name, as to which page in the website it is to be used for. In addition SiteWorx will assume that any and all text supplied by The Customer is free from errors, has been checked by The Customer and is ready for use as supplied.
8. Although SiteWorx will make every effort to complete the website within a reasonable amount of time, SiteWorx can not be held liable in any way for delays or any consequence of delays, no matter what the cause.
1. Payment for any services rendered is due immediately on receipt of an invoice from SiteWorx. Overdue payments are subject to a 10% late fee charge, compounded monthly on outstanding amounts.
2. SiteWorx reserves the right to request a 50% non refundable deposit for certain projects/services, at their sole discretion.
4. Payment for one service already rendered, may not be withheld pending completion of any other service, unless agreed to by, and at the sole discretion of, SiteWorx.
5. Payment for any hardware or software, must be made in full proir to an order being placed with the supplier.
6. In the event that a refund is appropriate, and at the sole discretion of SiteWorx, a Credit Note will be issued for The Customer to redeem against services and or hardware.
Domain Names & Domain Name Disputes
1. SiteWorx will not be held liable for any disputes arising out of domain name registrations or domain name hosting on behalf of The Customer.
2. SiteWorx will not be held liable for any losses or damages The Customer may suffer due to a domain name being reallocated, transferred or deleted by any Domain Name Authority, NIC or other persons.
3. SiteWorx will not issue any credits for domain names where The Customer has requested the wrong domain name to be registered. By submitting a domain name for registration, The Customer confirms that he/she has supplied the correct ownership details and that the domain name that he/she has requested is correct.
4. The Customer agrees that it is his/her responsibility to notify SiteWorx of his/her desire not to renew a domain, prior to the anniversary of the domains registration, and that without such notice the domain will automatically be renewed by SiteWorx on a recurring basis.
5. SiteWorx reserves the right to take ownership of any domain name upon cancellation by The Customer should The Customer not specify any action to be taken in regards to ownership or transfer of the domain name and or The Customer's accounts not being settled in full on termination of the hosting agreement.
6. SiteWorx requires a minimum of 24 hours written notification prior to releasing any domain name. Where The Customer has not notified SiteWorx of their intention to transfer or move a domain name or the conditions of Contract Termination have not been met, all transfer requests will be declined.
1. In the event that SiteWorx at any time reasonably believes that The Customer is in breach of any of the terms and conditions contained in this agreement or is using SiteWorx's services in an unacceptable manner, SiteWorx may immediately terminate this agreement without liability.
2. SiteWorx may terminate this contract with 30 days notice to The Customer for any reason or for no reason.
3. The Customer may terminate this contract at any time by giving SiteWorx no less than 2 (two) months written notification. Such written notification must be sent by either FAX or electronic mail. However, The Customer may not assume the cancellation request has been received, without a written reply from SiteWorx acknowledging receipt of the request.
4. At the time of cancellation notification The Customer shall be responsible for the entire amount of any outstanding fees due.
5. All goods and services supplied by SiteWorx remain the property of SiteWorx until such goods or services have been paid for in full. The Customer is not entitled to sell or dispose of any goods unpaid for without the prior written consent of SiteWorx.
Legal Age / Authorisation
1. The Customer certifies that he/she is of legal age in the country of his/her residence to enter into this agreement.
2. Where acting on behalf of a Partnership, Close Corporation, PTY (Ltd), LTD or any other form of company or legal entity, The Customer hereby confirms that he/she has the full permission/authority to act on behalf of said legal entity.
SiteWorx reserves the right to make amendments or changes to these Terms & Conditions from time to time. Such amendments or changes will be available on the SiteWorx website.
Litigation & Attorney's Fees
In the event of any dispute arising out of or relating to this agreement, such dispute shall be resolved in Cape Town, South Africa. The Customer shall be liable to SiteWorx for all legal expenses on the Attorney Client scale of an Attorney and Counsel incurred by SiteWorx in the event of (a) any default by The Customer or (b) any litigation in regard to the validity and enforceability of this agreement. The Customer will also be liable for any collection or valuation fees incurred. The Customer agrees that SiteWorx shall not be liable to make payment of security into Court in terms of section 62 of the Magistrate’s Court Act, as amended. The Customer hereby consents to the jurisdiction of the Magistrates Court. The Customer chooses Domicilium citandi et executandi for services of all documents and processes the address entered in on the hosting application form.
Entire Agreement & Severability
This represents the complete agreement and understanding between SiteWorx and The Customer with respect to the subject matter herein. In the event that any term or provision of this agreement is held by a court to be unenforceable, then the remaining provisions shall remain in full force and effect.
Acceptance of Terms
Use of SiteWorx's services constitutes acceptance of these Terms and Conditions and any amendments thereto. By requesting and or signing up for any services and or acceptance of any quotation provided by SiteWorx, you acknowledge that you have read and understood these Terms and Conditions and The Customer hereby binds himself/herself in his/her personal capacity as co-debtor in solidum for the full amount due to SiteWorx and agrees that these Terms and Conditions will apply mutatis mutandis to him/her and he/she renounces the benefits of excursion and division.