Infinity Focus Online Database 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) Database Design and Database Hosting service.
Your use of the services indicates your agreement to be bound by these terms of service.
1. User eligibility
The Database Design and 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. Online Database Description
The Database Design and Hosting service provided by Infinity Focus is the planning, design, setup, creation and hosting of Online Database Systems. An Online Database System consist of, but is not limited to, the following components:
MySQL Database Tables
Database Table and Field Names
Database Table Relationships
PHP Coding and PHP Files
Calculations and Formulas
HTML Coding and HTML Files
Data Operations and Procedures
Various third party addons
PDF Templates and Designs
CSS and HTML Layouts and Templates
Misc Supporting Files
In the rest of this document the following terms will be used:
“Online Database” – Refers to an Online Database Designed and Hosted by Infinity Focus, which includes the components listed above under point 2 – “Online Database Description”.
“Data”, “Client Data” – Refers to data stored by the Client in the Online Database.
3. Contents of Online Database Systems
The Client is responsible for the contents of the Online Database used by the Client, and the consequences thereof.
Infinity Focus offers Database Design and Hosting as a service but takes no responsibility whatsoever for any data or content uploaded and stored by the Client.
The Client agrees not to use any Online Database hosted by Infinity Focus for anything that would restrict or inhibit any other person from using and enjoying the Internet. The Client further agrees not to use any Online Database hosted 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 the use of Infinity Focus services.
Infinity Focus reserves the right to terminate the Client’s Online Database account without prior notice if Infinity Focus becomes aware of and determines, in its sole discretion, that the Client has violated any of the above guidelines.
4. Confidentiality of Data
Infinity Focus undertakes to take all reasonable steps to protect data stored in Online Databases hosted by Infinity Focus. All the data that is entered or imported into an Online Database by the Client, remains the property of the Client. Data, reports and charts that are generated by the Client using an Online Database, also remain the property of the Client.
Infinity Focus will not use or make available for use any data that belongs to a Client without the Client’s permission.
Upon request, certain data types can be encrypted as an added security measure. For more information, contact Infinity Focus.
An audit facility is available to log IP Addresses as well as database logins and other operations. For more information, contact Infinity Focus.
5. Online Database Hosting Location
All Online Databases created by Infinity Focus are hosted on the Infinity Focus dedicated server in subdomains under a domain owned by Infinity Focus.
Infinity Focus will not design, create or support any Online Database that is not hosted by Infinity Focus.
6. Online Database Use
Online Databases are used as centralised information management and processing platforms, capable of providing database access and functionality to multiple internet connected authorised users at the same time.
7. Online Database Copyright
All right, title, ownership, benefit and interest in and to, and all Intellectual Property in the Online Databases created and hosted by Infinity Focus remain the property of Infinity Focus. All rights in respect of the Online Databases created by Infinity Focus are reserved by Infinity Focus.
As an independent contractor, Infinity Focus retains the Copyright to use or re-use any component of any Online Database created by Infinity Focus.
In order to protect the service provided by Infinity Focus, Infinity Focus will not create any Online Database under the “Works for Hire” doctrine, and neither will Infinity Focus enter into any partnership or joint venture that involves Online Database Design.
8. Database System Security
It is the responsibility of the Client to ensure that all Online Database usernames and passwords are kept secure.
Passwords should be changed regularly.
Old user accounts and logins that are not used any more should be removed.
It is the responsibility of the Client to ensure that all computers, laptops, and other devices that are used to access any Online Database have sufficient and up to date antivirus and anti-spyware software installed.
Infinity Focus takes no responsibility for any loss or damage suffered by the Client as a result of unauthorised access to any Online Database hosted by Infinity Focus. Infinity Focus will not be held liable for any loss or damage suffered by the Client as a result of unauthorised access to any Online Database hosted by Infinity Focus.
9. Data Integrity
Online Database maintenance and incremental backups are performed on a regular basis by Infinity Focus, but Infinity Focus takes no responsibility for the integrity of any data stored in any Online Database hosted by Infinity Focus.
It is the responsibilty of the Client to verify the integrity of all data stored in the Online Database on an ongoing basis.
It is also the Client’s responsibility to perform regular and thorough checks to ensure that all calculations and datab operations performed by the Online Database is correct, and that all data or information displayed by the Online Database is accurate and up to date.
Custom queries and reports can be created to assist users in double checking data integrity. For more information contact Infinity Focus.
10. Interference with the system
The Client agrees not to interfere with the operation of any Online Database. 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.
11. Monitoring of service provided
The Client agrees that Infinity Focus has the right to monitor the Online Database Hosting services electronically from time to time in order to ensure top performance.
12. Uptime of Online Database Systems
Infinity Focus knows that an Online Database is a very important business management tool and for this reason Infinity Focus makes use of a dedicated server hosted in a state of the art data centre in South Africa.
However, Infinity Focus cannot be held liable should any Online Database Hosting hosting services be unavailable for any reason whatsoever.
13. Refund and pricing change policy
A deposit of 50% of the quoted Online Database Design 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.
14. Invoicing and payments
All Online Database Hosting fees payable by the client in terms of Online Database Hosting are payable as specified on the client’s hosting invoice.
Infinity Focus reserves the right to amend or vary the Database 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 Database Hosting Terms and Conditions.
The Client acknowledges that the Client is 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.
15. 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 Online Database System access under the specific account will be suspended.
Infinity Focus will not be held responsible for any damages, losses or claims as a result of an Online Database Hosting account being suspended.
16. Termination of Service
Infinity Focus may terminate this agreement and the Client’s access to any or all Infinity Focus 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.
17. 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.
18. Disclaimer of warranties/limitation of liability
The Infinity Focus online Database Design and Hosting service 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 database design and hosting 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 the Client 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.
The Client hereby acknowledges 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.
19. 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.
The Client agrees 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 the client’s 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.
22. 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.
24. 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.
A link to this web page is also provided at the bottom of every Online Database designed by Infinity Focus.
You are responsible for regularly reviewing the information contained within this document. 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 and Conditions.