IMPORTANT! - Please carefully read the terms and conditions listed below. These form the basis of the agreement entered into by you and Logi-Cal Solutions. By requesting Logi-Cal Solutions to host a website for you, you are confirming your acceptance of this agreement and agree to be bound by the terms contained herein.
DEFINITIONS
"Company" or "the Company" shall mean Logi-Cal Solutions and any of its affiliates or partners.
"Client" means any individual, business or organisation that enters into an agreement with Logi-Cal Solutions with regards to the hosting of a website.
"Service" shall mean the administration and hosting of a website by Logi-Cal Solutions and its affiliates.
The headings in this document are for reference purposes only and do not form part of any of the terms contained herein, nor should they be inferred as such. Specific gender refrences shall include all persons and plural references shall include singular references and vice-versa.
GENERAL
The Client shall, by way of e-mail, submit a request to the Company to host a website on his/ her behalf according to the price plan selected. This agreement shall come into effect upon receipt of such request and shall remain in force until terminated by either party.
Upon commencement of this agreement, the Company shall reserve space on its servers for the purposes of hosting a website platform for the Client according to his/ her specifications and according to the price plan selected.
The Client understands that any website requires a valid domain name (for example: www.mydomain.co.za), which needs to be provided to the Company. If none exists, the Client needs to register a domain name or ask the Company to assist with this. The costs related to domain name registration and the annual renewal thereof is for the Client's account.
Once a valid domain name has been received, the Company will make access to the website available to the pubic.
If the Client already has a website hosted with another company, the website can be moved as is to the Company's servers free of charge. Where this is the case, the Client needs to provide the company with the website's design information or provide details of access to the existing hosting platform.
If the Client chooses to have the new website designed by a third party, then the design information needs to be provided to the Company to be placed on its servers for access to the public.
The Client shall have no access to a control panel for the website, nor shall the Client be allowed access to the root locations of files relating to the website. The Company shall at all times administer the website on the Client's behalf, which includes the creation or deletion of email accounts.
Minor design changes which includes changes to names, images, pricing and descriptions that already appear on existing web pages will be done free of charge by the Company. Major design changes or the addition of new web pages shall be administered by the Company and a charge for such shall be added to the Client's account, unless the files and graphics for these design changes are provided to the Company to apply on the Client's behalf.
Any website design or major design changes undertaken by the Company will first need to be approved by the Client before the content will be made available for live viewing by the public and the charges relating thereto shall be for the Client's account.
The Company shall assume that the Client has all the necessary rights to utilise any material supplied to the Company to place on the Company's servers on behalf of the Client. The Client agrees that Company shall be in no way be held liable for any copyright or intellectual property right infringements for material supplied to the Company by the Client.
The Company shall use all efforts possible to ensure its servers are up and running for 99% of the time, but this cannot be absolutely guaranteed for situations beyond it's control.
The Company will use the latest encryption technology and security measures to prevent unauthorised access to the Client's website folders and to safeguard the Client's information stored therein.
The Client may upgrade or downgrade the initial website plan chosen at any time provided such request is submitted in writing via email. Such requests shall be immediately attended to but will only come into effect at the end of any current billing cycle.
BILLING AND PAYMENTS
Upon receiving the Client's request to host a website, the Client will be billed pro-rata from the 1st of the current month. This invoice must be paid in full before the request will be heeded.
Where the Client has requested the Company to do the initial design of the website, the Client shall receive an invoice for such which needs to be paid in full before access to the new website is made available to the public.
Thereafter the Client will receive an invoice for the Service on or around the 20th of each month, which may include additional charges for major design changes requested by the Client.
Payment of invoices must be made on or before the last working day of each month to avoid possible restriction of access to the website.
BREACH AND TERMINATION
The Company reserves the right, without prejudice to any of its other rights hereunder, to restrict access to the website if payment of amounts due by the Client is not received, or the Client is in breach of any of the terms of this agreement.
The Company may, in its sole discretion, continue restriction of access to the website indefinitely until all amounts owing by the Client are settled in full. The Company may also exercise its right to permanently terminate this agreement if no payment has been received for amounts due after 30 days.
The Client may terminate this agreement at any time without penalty, provided this is done in writing a calendar month in advance.
Where this agreement has been terminated by either party, no further charges shall be incurred or applicable. The Company shall send all website design files to the Client via email and the website will be dismantled and all information relating thereto will be destroyed.
INDEMNITY
The Client shall not hold the Company liable for any damages or losses incurred in the following instances:
a) Inability to access the website while maintenance is being performed on the Company's servers;
b) Inability to access the website while design changes requested by the Client are being implemented;
c) Inability to access the website due to forced shutdown by law for copyright or intellectual property right infringements;
d) Inability to access the website due to situations that are reasonably beyond the Company's control;
e) Inability to access the website or the loss of design information after termination of this agreement.
CONCLUSION
This document constitutes an agreement between the Company and the Client. The Company reserves the right to amend or alter any of the terms and conditions contained herein at any time without notice of any kind. It is the Client's responsibility to check this website from time to time to familiarise themselves of any changes to these terms and conditions. The Client is free to terminate this agreement at any time and if not, the Client will accept and abide by any changes or amendments to this agreement with immediate effect.
Any relaxation or indulgence on the part of the Company to any of the terms and conditions contained herein shall in no way prejudice any of the Company's rights contained within this agreement.
Each of the terms herein shall be a separate and divisible term and if any such term becomes unenforceable for any reason whatsoever, that term shall be severable and shall not affect the validity of any of the other terms.