Website Design and Hosting Terms and Conditions
This Agreement sets forth the Standard Terms and Conditions that apply to the use of the Infinity Focus (AAvJ Groenewald and A Groenewald) Web Hosting and Website Design service.
Your use of the services indicates your agreement to be bound by these terms of service.
1. User eligibility
The hosting client, also referred to as ‘the client’ or ‘you’ in the rest of this document) represent and warrant that you are the person legally responsible for all use of the account, and are at least 18 years of age.
If you are under 18 years of age, you must have parental consent in order to participate, and the account must be opened and maintained by a parent or legal guardian, in their name.
2. Contents of email messages and websites.
You are responsible for the contents of your email messages and your website and the consequences thereof. It is the responsibility of each email user to ensure that downloaded emails are backed up and stored safely.
Infinity Focus offers website design as a service but takes no responsibility whatsoever for any content supplied by clients and published on said clients’ websites that are hosted by and designed by Infinity Focus.
Although we make every effort to ensure proper spelling and grammar, this alone is not sufficient. Just as with any other publishing business, the production of a professional website requires careful proofreading by the website owner. When you provide material to us for use on your website, it is your responsibility to ensure that all information is correct, free from copyright infringement, and relevant.
It is also the responsibility of the client to ensure that the current information on their website is correct, and that Infinity Focus is notified of any changes that has to be made.
Infinity Focus will not be held liable for any damages or issues that may arise due to incorrect information on any client’s website.
The client agrees not to do anything that would restrict or inhibit any other person from using and enjoying the Internet. The client further agrees not to use the services provided by Infinity Focus to post any content or send any messages or material that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or may constitute a criminal offense, give rise to civil liability or encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law, regulation or court order.
The client ALSO agrees to abide by all applicable local, state, national and international laws and regulations regarding your use of Infinity Focus services.
Infinity Focus reserves the right to terminate the client’s account without prior notice if Infinity Focus becomes aware of and determines, in its sole discretion, that you have violated any of the above guidelines.
3. Ownership of Domain Names
For a normal html or CMS based website, the client will be the owner of the domain registered on your behalf by Infinity Focus as soon as we receive full payment for the domain registration. Please note that all new domains registered by Infinity Focus will be registered on our hosting account with us being listed as the domain owners. The client can use http://co.za at any time to perform a lookup on the client’s domain, and should the client wish to have domain details changed or updated, feel free to contact us and we will update the records with our service provider.
Infinity Focus will automatically carry the costs of all future domain renewals while the client’s domain is hosted on our server. Should the client neglect or refuse to pay for any domain renewal, the domain in question will become the property of Infinity Focus to dispose of as we see fit.
4. Interference with the system
The client agrees not to interfere with the operation of the system. The client further agrees not to interfere with the proper operation of any other systems accessable through the Internet, including any attempt at unauthorized access.
The client agrees to adhere to system policies as published by Infinity Focus, including restrictions on services available with each service type, restrictions on certain features and content, and all other policies. The client agrees to abide by any and all future Infinity Focus policy decisions.
Failure to observe these policies may include suspension or termination of the client’s account without notice.
5. No tolerance to spam
Infinity Focus takes a zero-tolerance stance against sending unsolicited email, known as spamming.
The accounts of any user who sends spam will be terminated without notice, and the accountholder will be billed at a rate of R50 per recipient to whom the message was sent, regardless of whether the messages were sent from an Infinity Focus server or from another server advertising a site hosted on Infinity Focus servers.
All mailings must comply with the CAN-SPAM act as well as all other applicable laws.
6. Monitoring of service provided
You agree that Infinity Focus has the right to monitor the hosting and email services electronically from time to time and has the right to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers.
7. Uptime of websites
We know that both your website and email is important to you and for this reason we make use of a dedicated server leased from one of the world’s top web hosting companies. However Infinity Focus cannot be held liable should the web hosting or email related services be unavailable for any reason whatsoever.
8. Refund and pricing change policy
A deposit of 50% of the quoted project is required before work can begin unless another agreement has been made. Under any given circumstances, this deposit is non-refundable. Infinity Focus also reserves the right to change any of its prices at any time, with or without any notice.
9. Invoicing and payments
All hosting fees payable by the client in terms of website hosting are payable in advance on a quarterly basis, or as specified on the client’s hosting invoice.
Infinity Focus reserves the right to amend or vary the hosting fees from time to time and any amendment or variation of such Service Fees will be deemed to be an amendment of the Infinity Focus Hosting Terms of Service.
The client acknowledges that it you are not entitled to withhold any payment of any fees due to Infinity Focus for any reasons whatsoever.
The client also acknowledges that all fees are exclusive of value added tax.
In the event of a dispute arising between the parties, the client shall be obliged to continue paying the hosting fees as and when they become due and payable in terms of the Infinity Focus Hosting Terms of Service.
10. Non Payment and Suspension of hosting accounts
In the event of non payment of any fees charged by Infinity Focus with regard to a client’s hosting account, Infinity Focus reserves the right to suspend all access to that hosting account, at its own discretion, until payment has been received. This means that all domains, websites, databases and email addresses under the hosting account will be inaccessible. Infinity Focus will not be held responsible for any damages, losses or claims as a result of a hosting account being suspended.
11. Termination of Service
Infinity Focus may terminate this agreement and the client’s access to any or all Infinity Focus related services at any time, with or without cause, effective immediately, and without any refund of any kind.
Infinity Focus shall have no responsibility to notify any third-party providers of services, merchandise or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification.
You may terminate this Agreement at any time by contacting Infinity Focus. No refunds shall be issued. Any account to be cancelled must be paid in full at the time of cancellation. Infinity Focus will not accept any transfer requests for any domain that has not been paid in full.
12. Domain Transfers away from Infinity Focus – Normal Html and CMS based websites
No domain transfer request will be accepted while there are an outstanding balance for any type of work done by Infinity focus in connection with the domain being transferred. This includes (but is not limited to) hosting fees, website design fees, domain renewals and graphic design.
Once all financial affairs have been settled the process works as follows:
As client you must ensure that you have a backup of your entire website.
It is your responsibility to ensure that the transfer request is sent through from your new host.
Refer to http://co.za to make sure that the transfer ticket is sent to the correct address.
If it is addressed to us, we will accept the transfer ticket immediately upon receipt.
Setup of the website on the new host will be the client’s responsibility. Infinity Focus takes no responsibility for, and will not be involved in setting up or facilitating the setup of the client’s website on another server or host. Infinity Focus will not be held responsible for any damages, losses or claims as a result of any data , emails or information lost during a domain transfer to another host.
13. Relationship of the parties
Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.
14. Disclaimer of warranties/limitation of liability
The Infinity Focus service provided is provided on an “as is”, “as available” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Infinity Focus expressly disclaims any representation or warranty that the Infinity Focus service will be error-free, timely, secure or uninterrupted. No oral advice or written information given by Infinity Focus or its employees, will create a warranty; nor may you rely on any such information or advice.
Under no circumstances, including negligence, will Infinity Focus, or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Infinity Focus service, including but not limited to reliance on any information obtained from the Infinity Focus service; or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Infinity Focus records, programs or services.
You hereby acknowledge that this provision will apply whether or not Infinity Focus is given notice of the possibility of such damages and that this provision will apply to all services available from Infinity Focus and its affiliates.
Under no circumstances, under the terms of this agreement, shall damages include loss of business, or loss of profits whether based on breach of agreement, breach of warranty, tort, product liability or otherwise.
The terms of this section shall survive the termination of this agreement for whatever reason.
15. Force Majeure
If by reason of failure of telecommunications or Internet service providers, labor disputes, riots, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond the control of Infinity Focus, Infinity Focus is unable to perform in whole or in part its obligations as set forth in this Agreement, then Infinity Focus shall be relieved of those obligations to the extent it is so unable to perform, and such inability to perform shall not make Infinity Focus liable to the client.
If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision will be deemed to be written, construed and enforced as so limited.
You agree to defend, indemnify and hold harmless Infinity Focus against any and all claims, losses, penalties, causes of action, damages, liability, costs, expenses (including but not limited to reasonable attorney fees) or claims caused by or resulting indirectly from your use of the service, without limitation or exception, including your violation of any third-party’s rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third-party right). The terms of this section shall survive the termination of your relationship with Infinity Focus.
18. Entire agreement
Unless otherwise specified herein, this Agreement constitutes the complete and exclusive statement of the Agreement between the parties regarding the products and services provided hereunder, and supercedes any prior Agreements between the parties with respect thereto.
The failure of Infinity Focus to enforce a provision of this Agreement shall not be construed as a waiver or limitation of Infinity Focus’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
20. Modification of terms
Infinity Focus reserves the right to modify this policy at any time and without advance notice, effective upon making the modified provisions available on the Infinity Focus website.
You are responsible for regularly reviewing the information contained in the Infinity Focus Terms and Conditions. Continued use of the Infinity Focus services after any such changes shall constitute your consent to such changes.
Infinity Focus does not and will not assume any obligation to notify you of any changes to the Terms of Service.