By signing up for website hosting with DesignHog, you hereby agree to the terms setout in this agreement. The purpose of this Agreement (hereafter referred to as the “Agreement”) is to precede a longer-term contract arrangement under which DesignHog will provide Web Hosting services to the Client.
1. TERMS
Subject to the terms and conditions of this Agreement, DesignHog will provide Web Hosting services for the Client subject to the following terms:
1.1. Length of Service:
The Client agrees to the following initial terms (as agreed upon between DesignHog and Client):
1.2. Service Start Date:
The first payment plus setup charges, if any, shall be due in advance of any service provided. Service shall begin upon receipt of payment for such first Term of service or upon a mutually agreed upon alternate date.
1.3. Mailbox:
Personal mailboxes will be setup and activated upon service start date.
1.4. Renewal by Client:
This Agreement will automatically renew unless cancelled in writing by the Client at least 30 days prior to the end of Term renewal date. Should the client transfer ownership of their website to someone else, it is the client responsibility to inform the new website owner of the terms set out in this document and hosting is automatically transferred to the new website owner. Hosting renewal is therefore the responsibility of the website owner at the time of renewal date.
Renewal prices are subject to change. Renewal of services by Client indicates agreement to any Contract revisions and price changes. Renewal fees for the following term will be automatically invoiced to the Client account.
2. BASIC HOSTING PLAN:
The following is included in the basic package:
STANDARD HOSTING PLAN:
The following is included in the basic package:
Disk over-usage will be charged at R5 per 10MB across all plans
Optional Extras: Thawte SSL Web Server certificate – please contact us to enquire about costs.
3. TERMS OF PAYMENT:
3.1. 30 (thirty) day plan are payable monthly not later than 14 days upon receipt of invoice.
3.2. 12 (twelve) month contractual plan are payable upfront for 12 months and renewable yearly, not later than 14 days from receipt of invoice.
3.3. DesignHog reserves the right to suspend hosting services, without notice, if payment is in arrears for more than 3 (three) days from due date (as indicative on invoice).
3.4. DesignHog will notify the Client of fee increases, at least 30 days prior notice. Should the Client object to any amended service fees, the client may terminate services with DesignHog. However, the Client will still be liable for any third party costs incurred during this period e.g. domain registration costs.
4. EMAIL SERVICES
4.1. DesignHog will provide the following email related Services for Hosting Clients:
5. DOMAIN REGISTRATION AND CLIENT WARRANTIES
5.1. Domain Names are made available on a “first come, first served” basis. DesignHog therefore does not guarantee that the Domain Name requested by the Client is available for registration.Registering a Domain Name is like getting a license. As long as the Domain Name is current, you can continue to use it. Domain Names are not regarded as property and cannot be “owned” by anyone. However, the domain name will be registered in the name of the “Registrant”.
5.2. It is important to ensure that the correct person or entity is reflected as the Registrant as DesignHog will only act on the instructions of the Client.
5.3. The Client will retain control of a registered Domain Name; however DesignHog will maintain the Domain Name for the Client as part of the Service.
5.4. DesignHog’s details will be captured as the billing and technical contact of the Domain Name, unless the Client registers the Domain Name personally, or manages the Domain Name record directly with the applicable Registry.
5.5. All new co.za registrations are allowed a grace period of 7 (seven) consecutive days immediately following the registration of the Domain Name, during which the Domain Name registration can be cancelled by the Client, with minimal cost implications.
5.6. Domain Names are registered for 1 (one) year. Whilst DesignHog will try to ensure that the Client’s Domain Name does not lapse, it is the Client’s responsibility to ensure that the Domain Name does not lapse. DesignHog will attempt to send the Client a reminder; however it sometimes happens that reminders are not received due to events beyond DesignHog’s control and DesignHog will not be liable.
5.7. If you cancel your Domain Name registration during a grace period, it will be assigned as ‘Pending Release’ status and will not become available for release until the seven day grace period expires. The Client will be charged a grace period administration Fee of R10 (ten Rand) (excluding VAT) for co.za domains and R15 (fifteen Rand) (excluding VAT) for all other domains. Once the grace period has expired, the Domain Name will be released and removed from the Registry database, making it available for anyone else to register. The Client will receive a refund of the registration fee minus the grace period fee and will not be able to transfer the Domain Name to another Registrar during the grace period. A Domain Name that is reinstated during the grace period will result in the Domain Name continuing as before with no refunds being processed.
5.8. The Client must provide all information requested by DesignHog. Should the Client provide incomplete or inaccurate information, DesignHog not be held responsible for any delay in the registration process, subsequently resulting in the Domain Name being registered by someone else.
5.9. The Client warrants that: 5.9.1. The Client is entitled to register and use the Domain Name or
5.9.2. Has been given consent of the Registrant to use the Domain Name; or
5.9.3. The Client is not prohibited by law or otherwise from registering the Domain Name and
5.9.4. In using the Domain Name, the Client has not violated any Intellectual Property Rights of any person who may lawfully claim title to the Domain Name or to any word or name forming an essential part of the Domain Name.
5.9.5. The Client indemnifies DesignHog against any loss or damage that DesignHog may suffer arising from the Client registration or use of the Domain Name.
6. DOMAIN FEES The following fees will be incurred by the Client:
These service fees are non-refundable.
7. CHANGES TO .CO.ZA DOMAIN NAME AND DOMAIN NAME INFORMATION
7.1. It is not possible for DesignHog or the Administrator to amend the actual Domain Name itself. If there has been an error in the spelling of a Domain Name, it will need to be cancelled and a new registration created. Unless the Client requests the change within the seven day grace period mentioned in clause 5.7, you will be required to pay the full domain registration fee.
7.2. As long as DesignHog manages the Client domain, only DesignHog (Registrant) can change co.za Registrant information (for example the Registrant’s name, email address, telephone number and physical address). DesignHog will however only act on the instructions of the Client.
7.3. Upon applying to change the Registrar information for a Domain Name through the registry system, the gaining Registrar will commence a Registrar Change Process, which will ultimately result in the proposed changes being implemented.
8. PROPRIETARY INFORMATION
Proprietary information exchanged here under shall be treated as such by Client. This information shall include, but not be limited to, the provisions of this Agreement, product and services information and pricing. Client further agrees to not decompose, disassemble, decode or reverse engineer any program, code or technology delivered to Client or any portion thereof.
9. CENSORSHIP
DesignHog will exercise no control whatsoever over the content of the information passing through the network, email or web site.
10. WARRANTIES
DesignHog warrants that it has access to the capability to provide the Services to the Client. Despite this warranty, the Services are provided “as is” and “as available”. No warranty of any kind is given, whether express or implied, including warranties of merchantability, title, or non-infringement, except where such a warranty is specifically required by law
11. TRADEMARKS AND COPYRIGHTED MATERIAL
The Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.
12. TERMINATION
DesignHog may terminate this Agreement at its sole discretion and failure to pay DesignHog any cost or charge relating to the registration, renewal, update, change, or administration of any Domain Name, DesignHog reserves the right to:
13. DISPUTES
If legal proceedings are commenced to resolve a dispute arising out of, or relating to, this Agreement, the prevailing party shall be entitled to recover all costs, legal fees, and expert witness fees as well as any costs or legal fees in connection with any appeals.
14. INDEMNIFICATION
The Client shall indemnify and hold DesignHog harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted or imposed against DesignHog directly or indirectly arising from or in connection with Client’s marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of this Agreement by Client.
15. GENERAL
If any provision of this Agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement shall be governed by and construed in accordance with the laws of the South Africa. Failure by any party to exercise or delay in exercising a right or power conferred upon it in this Agreement shall not operate as a waiver of any such right or power.
16. TROUBLESHOOTING, AD-HOC (INTERMITTENT) AND EMERGENCY WORK
16.1. Troubleshooting requested by the Client, that does not form part of the hosting services listed in this agreement, will be charged at DesignHog’s standard hourly rate. If the cause turns out to be due to the gross negligence on DesignHog’s part, these charges will be waived. DesignHog will decide whether or not an act of gross negligence has been committed.
16.2. Any ad-hoc (on request) work to be done outside Business hours, must be specifically scheduled with DesignHog. DesignHog will only attend to emergency work outside of Business hours.
16.3. DesignHog may invoice the Client for time spent troubleshooting issues that we find are outside our control, that we cannot reasonably be expected to have prevented or solved quickly. Only we may decide what is reasonably within or outside our reasonable control.
17. WEBSITE HOSTING SUPPLIER DesignHog’s preferred website hosting supplier (or ISP) is Hetzner (www.hetzner.co.za). DesignHog complies with the Domain and Hosting Terms, set out on Hetzner website.
The Client hereby authorizes DesignHog to access and maintain its hosting account on behalf of the Client, as set out in this agreement. The Client hereby agrees to comply with this Hosting Terms and failure to do so may result in termination of this agreement.
Any quotation issued by DesignHog and accepted by the Client by means of payment, implies that the below terms and conditions have been read and understood and accepted by the Client.
Definitions
The following terms and conditions document is a legal agreement between DesignHog, hereafter “DesignHog” and the Client, hereafter “Client” for the purposes of web site design or development. DesignHog preferred web site hosting supplier will be known as the “Internet Service Provider” (ISP).
These Terms and Conditions
Set forth the provisions under which the Client may use the services supplied.
DesignHog is an Internet web site design provider offering the Client graphical design, HTML, CSS, Javascript and other related computer programming languages for web site development. DesignHog is an independent contractor for the specific purpose of developing and/or improving a web site to be installed on the Clients web space located on an Internet Service Providers (ISP) server.
Standard Hosting Service
DesignHog will either secure an account with an ISP on behalf of the Client, or the Client may secure the account independently. If the Client is not an advanced user of the Internet, the Client is encouraged to use the services of DesignHog to secure and maintain this account, this also ensures that DesignHog are able to upload the website and guarantee that the hosting platform supports all functionality. Should the Client already host a web site with another hosting company but wish to move to DesignHog ISP Servers, DesignHog will transfer the Clients domain/s and / or hosting at an additional fee.
The Client hereby authorizes DesignHog to access this account, and authorizes the Web Hosting Service Provider to provide DesignHog with “write permission” for the Clients web page directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. The Client also authorizes DesignHog to publicize their completed web site to Web search engines, as well as other Web directories and indexes, should it so deem.
Domain Name Registration
DesignHog will secure a domain name (www.domainname.co.za) for the Client at the Clients request. All charges incurred in doing so will be billed to the Client as an addition to the base price contemplated by this agreement unless otherwise stated. These are Internet fees, and are not a source of income for DesignHog.
If the Client already owns a domain name, which is authorized to move to the ISP, DesignHog will coordinate redirecting the address to the new host. Should the Client desire a specific domain name, which is already owned by another party, negotiations for said domain name, must be undertaken by the Client.
Client 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 DesignHog from any claim resulting from the Clients 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 Client and the third party service (unless otherwise stated).
Client agrees to pass on FTP details, Client Panel, and any other access details relating to their domain name and hosting account which DesignHog requires to upload the web site, if required as part of a project.
DesignHog reserves the right without notice to refuse work with domain names or hosting and email services without reason for such rejection or refusal.
Content
Copy for web site must be supplied by the Client in Microsoft Word .DOC or .RTF format via disk or email attachment. If not supplied on disk or via email, there will be an additional charge for typesetting.
Copy writing services are available at an additional charge. If the Client does not supply DesignHog complete text and graphic content for all web pages contracted, within six (6) weeks of the date the contract was agreed to, the entire amount of the contract becomes due and payable. If the client has not submitted complete text and graphics content within two (2) months of agreeing to this contract, an additional continuation fee of 10% of the total contract price will also be assessed each month until the web site is advertised.
Additional web pages requested over and above the amount stated on the quotation will be billed our hourly rate of R350 per hour, billed in half hour increments.
Where custom graphic work is requested, it will be billed at the hourly rate specified in this document, or as quoted.
Notwithstanding anything to the contrary contained in this clause, DesignHog reserves the right to advise the Client in writing of any change in its charges arising from the work being done by DesignHog as envisaged in terms hereof in 14 written days’ notice by DesignHog to the Client.
Cross Browser Compatibility
DesignHog shall make every effort to ensure web sites are designed to be viewed by the majority of visitors. Sites are designed to work with the main browsers Internet Explorer and Mozilla Firefox latest releases. Client agrees that DesignHog cannot guarantee correct functionality with all browser software across different operating systems.
Client agrees that after the handover of files, any updated software versions of the main browsers, domain name setup changes or hosting setup changes thereafter, may affect the functionality and display of the web site. As such, DesignHog reserves the right to quote for any work involved in changing the web site design or web site code for it to work with updated browser software, domain name or hosting changes.
Client is aware that some advanced techniques on the Internet may require a more recent browser version and brand or plug-in. Client is also aware that, as new browser versions of Internet Explorer and Firefox are developed, the new browser versions may not be compatible. In the absence of a Maintenance Agreement time spent to re-design a site for compatibility due to the introduction of a new browser version will be separately negotiated and in addition to the base price of our agreement.
Online stores (E-Commerce)
The text and graphic content of the web pages will be supplied by the Client and executed as specified by the Client in the “Web Page Planning Worksheet” and/or the “Store Planning Worksheet”. The quotation provided includes the quantities of products, categories, photos, regular pages, etc. in the final store. Any variations to this will incur additional charges. Product web pages, products, or photos added after the store is ready for advertising to the Web will be calculated for actual time spent at the hourly rate specified below.
Additional Expenses
Client Amends / Changes: DesignHog prides itself in providing excellent customer service. That is the spirit of our agreement and the spirit of DesignHog business. To that end, we encourage input from the Client during the design process. DesignHog understands, however, that the Client may request significant design changes to pages that have already been built to the Clients specification. To that end, please note that our agreement does not include a provision for “significant page modification” or creation of additional pages in excess of our agreed page maximum. If significant page modification is requested after a page has been built to the Clients specification, we must count it as an additional page. Some examples of significant page modification at the request of the Client include:
Maintenance Agreements
Please see our Maintenance Plans Agreements in the next tab labeled “Website Maintenance Agreement”.
Training
DesignHog will provide BASIC training by e-mail and telephonic support to the Clients designated representatives regarding management of the Clients web site for a period of 2 weeks (14 days) upon completion of the web site development. Any advanced training for further support required will incur a charge. Please contact us to find out what is included in the basic training.
Work Schedule & Payment Terms
An advance of 50% of the total cost of the project is required before work can commence, unless otherwise stated. Only upon receipt of payment, will a project be opened for the services requested. Payment is accepted by Electronic Funds Transfer (EFT) or in US Dollars by PayPal, unless otherwise agreed.
No Cheque deposits will be accepted.
Cash deposits will incur a 10% fee for bank charges.
Once the deposit reflects in our bank account, basic design concepts will begin. The balance is due and payable on completion of the project or 30 days from commencement of the project, whichever comes first.
The Client is to provide DesignHog with all the data needed to complete web site, including but not limited to text, company logo, and images.
Communication between DesignHog and Client is crucial during this phase to ensure that the ultimate publication will match the Clients taste and requirements.
Upon completion of this stage, the Client will be asked to confirm acceptance for the basic site design. Once acceptance is received from the Client, work will commence to complete the project. Upon completion of the web site, an approval request will be sent to the Client. Client will supply approval by email.
Final payment is to be paid within 30 days of commencement of the project, or upon project completion -whichever comes first. Any additional charges incurred will be due within seven (7) days after delivery of the project and invoice.
All payments are non-refundable and required even if deliverables are not used by client.
Should payment not be made within thirty (30) days of notification, a late payment penalty of R350 will be charged per month that the fees remain outstanding. DesignHog reserves the right to remove all web content from the Internet if payment is not made within thirty (30) days of completion notification.
If case collection proves necessary, Client agrees to pay all fees incurred in that process. Regardless of the place of signing this agreement, Client agrees that for the purposes of venue, this contract was entered into in Cape Town, South Africa, and any dispute will be litigated or arbitrated in Cape Town, South Africa.
Completion Date
DesignHog and Client must work together to complete the web site in a timely manner for both parties to remain profitable. We agree to work expeditiously to complete the project within the time frame agreed upon, after receiving all relevant material from the Client. DesignHog will not be held liable for delays should the Client not revert with feedback in a timely manner.
Copyrights and Trademarks
The Client represents to DesignHog and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to DesignHog for inclusion in web pages are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend DesignHog and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
Limited Liability
Client agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service, the Host Server or DesignHog. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of an illegal activity, and any infringement of privacy. DesignHog reserves the right to determine what is and is not pornography.
The Client hereby agrees to indemnify and hold harmless DesignHog from any claim resulting from the Clients publication of material or use of those materials. It is also understood that DesignHog will not publish information over the Internet which may be used by another party to harm another.
Indemnification
Client agrees that it shall defend, indemnify, save and hold DesignHog harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys fees associated with DesignHog development of the Clients web site. This includes liabilities asserted against DesignHog, its subcontractors, agents, clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employees or assigns.
Client also agrees to defend, indemnify and hold harmless DesignHog against liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Clients web site. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization or business.
Assignment of Project
DesignHog reserves the right to assign subcontractors to this project to ensure the right fit for the job as well as on-time completion. DesignHog warrants all work completed by subcontractors for this project. When subcontracting is required, DesignHog will only use industry recognized professionals.
Ownership to Web Pages and Graphics
Copyright to the finished assembled work of web pages produced by DesignHog and graphics shall be vested with the Client upon final payment for the project. This ownership is to include design, photos, graphics, source code, work-up files, text and any program(s) specifically designed or purchased on behalf of the Client for completion of this project.
All materials developed under this contract and intended for publication to the web remain the property of DesignHog until such time as Client has tendered final payment for the work described herein. At this time, all materials become the property of Client and may be used by them as desired. Should Client use materials described in this contract on the web before the tender of final payment, then this contract is breached and appropriate penalties will apply.
DesignHog retains the right to display graphics and other web design elements as examples of their work in their portfolios.
Laws Affecting Electronic Commerce
From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The Client agrees that the Client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect and defend DesignHog and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Clients exercise of Internet electronic commerce. Client also understands that DesignHog cannot provide any legal advice.
Design Credit
The Client agrees that DesignHog may put a byline on the bottom of the web pages establishing design and development credit. Client also agrees that the web site created for the Client may be included in DesignHog portfolio.
Non-disclosure
DesignHog, its employees and subcontractors agree that, except as directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information to any person whatsoever. Likewise, the Client agrees that it will not convey any confidential information obtained about DesignHog to another party.
Rights upon Termination of Agreement
DesignHog shall transfer, assign and make available to Client all property and materials in DesignHog possession or subject to DesignHog control that are the property of Client, subject to payment in full of amounts due, pursuant to this agreement. DesignHog also agrees to provide reasonable co-operation in arranging for the transfer or approval of third parties interest in all contracts, agreements and other arrangements with advertising media, suppliers, talent and others not then utilized, and all rights and claims thereto and therein, following appropriate release from the obligations therein.
Cancellation of the project at the request of the Client must be made in writing. In the event that work is postponed or cancelled at the request of the Client, DesignHog shall have the right to retain the original deposit. In the event this amount is not sufficient to cover DesignHog for the time and expense already invested in the project, the Client shall be liable to pay for all work completed at the hourly rate.
If additional payment is due, this will be billed to the Client within seven (7) days of notification in writing to stop work. Final payment will be expected under the same terms as listed in payment terms above.
Cancellation of project must be submitted in writing to DesignHog, via email to info@designhog.co.za.
The cancellation clause of your contract may further specify:
Default
An account shall be considered default if it remains unpaid for 30 days from the date of invoice. DesignHog shall be considered entitled to remove DesignHog’s and/or the client’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, design and maintenance, sub-contractors, printers, photographers and photography libraries.
Removal of such materials does not relieve the client of its obligation to pay the due amount. Clients whose accounts become default agree to pay DesignHog reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
Litigation
Any disputes arising from this contract will be litigated or arbitrated in Cape Town, South Africa.
This agreement shall be governed and construed in accordance with the laws of the Republic of South Africa. Client hereby agrees to the terms, conditions and stipulations of this agreement on behalf of his/her organization or business. This Agreement constitutes the entire understanding of both parties. Any changes or modifications thereto must be in writing and signed by both parties.
Terms and Conditions
DesignHog does not warrant that the functions contained in these web pages or the Internet web site will meet the Clients requirements or that the operation of the web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and web site is with the Client. In no event will DesignHog be liable to the client of any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation or inability to operate these web pages or web site, even if DesignHog has been advised of the possibility of such damages.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Sole Agreement
The agreement contained in this “Web Site Design Contract” constitutes the sole agreement between DesignHog and the Client regarding this web site. Any additional work not specified in this contract must be authorized by a written change order. All prices specified in the quotation will be honoured for fourteen (14) days. Continued services after that time will require a new agreement.
This agreement constitutes the entire understanding of DesignHog and Client. Both parties warrant that they have read and understand the terms set forth in this agreement.
This agreement terminates and supersedes all prior understanding or agreements on the subject matter hereof. Any changes or modification thereto must be in writing and signed by both parties. The Client agrees to the terms of this agreement on behalf of his or her organization or business.