Terms & Conditions

By using Webplacement and signing up as a Client, you agree to be legally bound by these Terms and Conditions of Use (the “Terms and Conditions”), including those terms and conditions incorporated by reference. Please read these Terms and Conditions carefully. If you do not accept these Terms and Conditions, you may not use Webplacement service. By placing any order with Webplacement you agree to all our terms and it is your responsibility to read our terms. Webplacement may revise these Terms and Conditions at any time by updating this posting. You should visit this web page periodically to review the Terms and Conditions.

General Terms

AGE
The Client certifies that he or she is at least 18 years of age, or that a parent or legal guardian will act as the “client” in terms of this contract.

BILLING & PAYMENTS
It is your responsibility to ensure that all invoices are paid on time. You agree to pay for the Services of the time period during which such services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.

LATE PAYMENTS
All invoices must be paid within due date.
Any invoice that is outstanding for more than three (3) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, Webplacement may suspend or terminate your account. Webplacement will not activate new orders or activate new packages for customers who have an outstanding balance on their account.

INVOICE DISPUTES
You have ninety (90) days to dispute any charge or payment processed by Webplacement. If you have any questions concerning a charge on your account, please contact us on accounts@webplacement.co.za for assistance.

REFUNDS & MONEY-BACK GUARANTEE
Our web hosting packages comes with a 30 day money back guarantee. If you are not completely satisfied with our services within the first 30 days, you will be given a refund of the contract amount.
Please note we do not refund full amounts since purchase, if unsatisfied with service we refund you only for that month alone.

NON REFUNDABLE SERVICES
1.Domain Registrations
2.Domain Transfers
3.Domain Renewals
4.Corporate Identity
5.Marketing Designs
6.Web Design & Development

DOMAIN REGISTRATIONS
Please note we do not register any domains without or before payment is made.

PRICE CHANGE
Webplacement reserves the right to change prices, the monthly payment amount, or any other charges at any time. We will provide you with at least thirty (30) days’ notice before charging you with any price change. It is your sole responsibility to periodically review billing information provided by Webplacement through the user billing tool or through other methods of communication, including notices sent or posted by Webplacement.

DISCLAIMER
Webplacement cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Webplacement are resold. Thus, certain equipment, routing, software, and programming used by Webplacement are not directly owned or written by Webplacement. Moreover, Webplacement holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Webplacement sees fit. FURTHERMORE, Webplacement retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.

E-Mail & Webhosting

99.9% UPTIME GUARANTEE
Webplacement guarantees 99.9% uptime. A failure to provide 99.9% uptime will result in customer compensation pursuant to guidelines established herein.
Customer is entitled to compensation if Customer’s web site, databases, email, FTP, SSH or webmail become unusable as a result of failure(s) in Webplacement systems for reasons other than previously announced scheduled maintenance, coding or configuration errors on the part of the Customer.
Customer will receive Webplacement credit equal to the Customer’s current hosting cost for 1 (one) day of service for each 1 (one) hour (or fraction thereof) of service interruption, up to a maximum of 10% of customer’s next pre-paid hosting renewal fee.
The 99.9% uptime guarantee does not apply if Webplacement suspends the Client’s Service as allowed in terms of this Agreement.
Webplacement’s assessment of downtime begins when Customer opens a support ticket to report the problem.

RESOURCE USAGE
Users may not:
1) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
2) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
3) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
4) Run any software that interfaces with an IRC (Internet Relay Chat) network.
5) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
6) Participate in any file-sharing/peer-to-peer activities
7) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
8) Run cron entries with intervals of less than 15 minutes.
9) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
10) When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“https://yourdomain.com/include.php”) use include(“include.php”)
11) To help reduce usage, do not force html to handle server-side code (like php and shtml).
12) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

EXCESSIVE USAGE
To ensure service levels within the Shared Hosting platform are stable and reliable, Webplacement utilises various methods to protect its customers and associated systems from abuse which includes, but is not limited to, the following:
Excessive SQL Databases: Services with SQL databases larger than 4GB individually, or if a database is deemed to be negatively affecting the shared hosting platform (i.e. if the database uses 200% more resources than our average database, or exceeds a reasonable RAM allocation).
Excessive inode count: Services with an inode count in excess of 200 000 may result in adverse effect on server performance and is may be deemed abuse at Webplacement’s discretion. You will need to upgrade to a VPS Server if necessary.
Excessive domain, email and FTP services: Webplacement does not set specified limits to the domain, email and FTP services, but at it’s sole discretion may suspend or deactivate a service should it adversely be impacting the performance of the Shared Hosting environment.

SPAMMING
As part of our agreements with you, you agree to accept the bounce back limit and to not send spam. If we suspect that you have violated our agreements with you, we will suspend your account. Whenever possible we attempt to notify you prior to suspending your account.

We give a 3 strike policy we will assist in stopping the spam for you which will continue to monitor. If we find the spam to continue more than 3 times we have no choice but to suspend your server indefinitely to protect our other users.

Below are more reasons why your account may be suspended. To resolve an issue, please contact support@webplacement.co.za

Unverified Email Addresses — We might suspend your account if your email contacts has too many unverified email addresses. If we receive bounce back emails from these addresses, we suspect the addresses have been used for spamming.

Spam Complaints — We might suspend your account because we received too many spam complaints. This means than an unacceptable number of recipients of your email campaign have actively flagged the message as spam and indicated that they either did not ask to receive the messages, or that they do not know who you (the sender) is.

Remember that we define spam as any message sent without the recipient’s prior consent to receive the message(s). A fine of R550 will be applied if serious bounce backs and spam is suspected and found. We then provide one last warning.

No Refunds will be given to customers found spamming even within 30 day policy.

BULK EMAIL
Bulk Emailing excessively from your account that causes our servers to become unresponsive or slower than normal due to large amounts of account spamming via shared hosting accounts and seen as spamming or abuse on the network, such accounts will be suspended immediately.

ZERO TOLERENCE PHISHING POLICY
Any account found to be hosting a phishing page will be suspended and/or terminated with or without notice at our discretion. Phishing is defined as any site that masquerades as another trustworthy site in attempts to acquire sensitive information such as usernames, passwords, credit card information, banking information, pin numbers, or any other personal information.

Phishing pages result in stolen identities, stolen banking information, stolen credit card information, and fraud that can cause the victims of these pages weeks, months, years, or even a lifetime of problems. Due to the serious issues that phishing pages cause, phishing is not something that is taken lightly. In the event that your account is suspended for phishing there is a very good chance that your account will not be re-enabled.

Any account suspended or terminated due to a phishing policy violation will be ineligible for refund. We may invoice you an hourly fee of R750 per hour rounded up to the nearest hour for all time spent investigating any report that results in account suspension or termination.

LIMITED LIABILITY
Customer expressly agrees that use of Webplacement’s Server is at Customer’s sole risk. Neither Webplacement, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Webplacement Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Webplacement Server service, unless otherwise expressly stated in this contract.
Under no circumstances, including negligence, shall Webplacement, its offices, agents or anyone else involved in creating, producing or distributing Webplacement Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Webplacement Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, 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 Webplacement’s records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on the Webplacement Server service.
Notwithstanding the above, Customer’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.

LOSS OR CORRUPTION OF DATA
You acknowledge and agree that Webplacement is not and shall not be responsible or liable for any loss or corruption of data that you may experience on the Services or otherwise, nor are we required to return to you any data that you have stored on the Services. This includes, without limitation, the loss or corruption of data resulting from the suspension, deletion, or modification of your web pages or the Webplacement site, network, system, or server “crashes” or outages, or other power outages, damage caused by viruses, worms, or security breaches, file corruption, and any other cause. We recommend that you to maintain backup versions of your web pages and related information to help protect yourself against such losses. We however do server daily and account weekly backups and have and will continue to do our utmost to protect all our clients.

Bulk E-mail Services

PAYMENTS AND ACTIVATION
All invoices must be paid in full and proof of payment sent to accounts@webplacement.co.za before activation.

GENERAL RULES
You won’t send Spam! By “spam,” we mean the definition on the Spamhaus website at http://spamhaus.org/definition.html
SPAM or unsolicited mail is not tolerated and your account will be terminated immediately without refund.

You won’t put into your Email any material, including graphics or other content, that is not created by you, not provided by us for you to use, or that would violate any other party’s rights.

You won’t use any misleading or incorrect names, addresses, email addresses, subject lines, or other information on the Website or in any Emails created or sent using our Service.

You won’t upload or compose emails that contain or offer any illegal content, goods, or services.

PROPRIETARY RIGHTS OWNED BY YOU
You represent and warrant that you either own or have permission to use all of the material in your Emails. You retain ownership of the materials you upload to the Service.

ACCOUNT AND PASSWORD
You’re responsible for keeping your account username and password confidential. You’re also responsible for the use of any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.

CLOSING YOUR ACCOUNT
You or Webplacement may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. Once your account is terminated, we may permanently delete it and all the data associated with it, including your emails and contacts from our System. If you don’t log in to your account for 12 or more months, we may treat your account as “inactive” and permanently delete it and all the data associated with it.

Web Design & Development

FEES AND START-UP PROCESS
A 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the
project. The remaining 50% shall become due when the project is completed to your satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses.
We reserve the right not to commence any work until the deposit has been paid in full.
The 50% deposit is not refundable if the project has been started and you terminate the contract through no fault of ours.

SUPPLY OF MATERIALS
You must supply all materials and information required by us to complete the work in accordance with any agreed specification.
Such materials may include, but are not limited to, photographs, written copy, logos and other printed material.
Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or
parts of the work already completed.
You must obtain all necessary permissions and authorities in respect of the use of all graphic images, logos, names and trade marks, or any other material that you supply to us to include in your website.
You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.

Webplacement reserves the right to refuse to handle:
Any media that is unlawful or inappropriate.
Any media that contains a virus or hostile program.
Any media that constitutes harassment, racism, violence, obscenity, harmful intent or spamming.
Any media that constitutes a criminal offence, or infringes privacy or copyright.

LINKS TO THIRD PARTY SERVICES
The Web Site may contain links to third party web sites or other services (the “Linked Content”). The Linked Content is not under the control of Webplacement and Webplacement is not responsible for the Linked Content, including, without limitation, links contained in the Linked Content, or any changes or updates to Linked Content. Webplacement is providing Linked Content to you only as a convenience, and the inclusion of such Linked Content is not an endorsement by Webplacement of such Linked Content. If you decide to access any Linked Content, you do so at your own risk.

PROJECT DELAYS AND CLIENT LIABILITY
Any time frames or estimates that we give requires your full co-operation in oder for Webplacement to complete the project. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.
Our website development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged at the rate of R200.00 per hour.

SUBCONTRACTING
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.

ADDITIONAL EXPENSES
You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the
purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.

APPROVAL OF WORK
On completion of the work you will be notified and have the opportunity to review. You must notify us in writing of any
unsatisfactory points within 7 days. Any of the work which has not been reported in writing to us as unsatisfactory within the
7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due.

REJECTION OF WORK
If you reject any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any
points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.

WEBPLACEMENT BACKLINK
Webplacement reserves the right to place a link to their website (http://www.webplacement.co.za) within the footer of the design / developed website, unless otherwise agreed upon.

PAYMENTS
Upon completion of the 7-day review period, we will invoice you for the 50% balance of the project. And all invoices must be paid in full within the invoice due date, except where agreed at Webplacement’s own discretion.
Webplacement reserves the right to decline further work on a project if there are invoices outstanding with the Client.
Webplacement reserves the right to remove its work for the Client from the Internet if payments are not received.

SEARCH ENGINES
We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practice.

BROWSER COMPATIBILITY
By using current versions of well supported content management systems we endeavour to ensure that the websites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers.
Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any
incompatibilities are found.

Business Pro (monthly)
Should you cancel your Business Pro / montly website development package within your first 12 months, please be advised that your website is not transferable nor will be handed over to the client.

NOTE
Before you confirm your agreement to these terms, please make sure you understand all of the above agreement. Should you have any questions or concerns regarding these terms, please contact us before advising us of acceptance.

Logo Designs

CONCEPTS
Within 7 business days of receiving your company information and deposit, Webplacement will create up to four different logo concepts for your business. Logo designs will be submitted for your review via E-mail unless otherwise negotiated. Upon receipt of your feedback on these designs, Webplacement will make any needed changes to your favorite of the four logo designs until you are completely satisfied. Up to four rounds of revisions are included in quoted price. Further revisions will incur additional costs at Webplacement’s hourly rate.

We do not guarantee that your logo will not have similarities to those designed by us for our other clients.
Apart from your logo as a whole, you obtain no right or claim of any kind to any individual design element or elements of the logo and we reserve the right to use one or more of the design elements in other projects for other clients.

TERMINATION
You have the right to terminate this Agreement if, Webplacement fails to deliver the different logo concepts within 7 days of the 50% deposit. The 50% deposit is not refundable if the project has been started and you terminate the contract through no fault of ours.

FILE DELIVERY
After the final logo design is approved, the logo will be delivered in a digital format (.jpg, .pdf, png and .eps graphics file formats)

PAYMENT
A 50% deposit is required before any work can commense and the remaining payment is payable when the project is complete but before it is delivered. The client understands that the final logo design belongs to Webplacement until paid in full. In the event of termination of this Agreement, Webplacement owns the logo and has the right to complete, exhibit, and/or sell the logo design (not including business name). Furthermore, Webplacement owns all the logo design concepts created before the final logo design. The client understands that once the final invoice is paid in full, the client has the right to use the logo design in all media useful for business promotion and that Webplacement reserves the right to display the logo for business promotional use

OWNERSHIP
You, the client, have ownership of the final logo design for use in any media application that is beneficial to your business. Webplacement retains the right to use the final logo, or any versions of the logo created in the process, within printed and on-line portfolios, including promotional materials such as newsletters and advertisements. The client also gives Webplacement permission to use client’s full name, and/or website name, for testimonial purposes on our website, or other business related media. The client understands that it is the client’s responsibility to copyright the logo design.

NOTE
Before you confirm your agreement to these terms, please make sure you understand all of the above agreement. Should you have any questions or concerns regarding these terms, please contact us before advising us of acceptance.

Print & Marketing Designs

Print & marketing designs includes but is not limited to business cards, flyers, brochures, posters, advertisements, newsletters, postcards and other marketing collateral for profit or non-profit purposes.

CONCEPTS
Within 7 business days of receiving your company information and deposit, Webplacement will create a design concept for your business. Designs will be submitted for your review via E-mail unless otherwise negotiated. Upon receipt of your feedback on these designs, Webplacement will make any needed changes until you are completely satisfied. Up to four rounds of revisions are included in quoted price. Further revisions will incur additional costs at Webplacement’s hourly rate.

We do not guarantee that your logo will not have similarities to those designed by us for our other clients.
Apart from your logo as a whole, you obtain no right or claim of any kind to any individual design element or elements of the logo and we reserve the right to use one or more of the design elements in other projects for other clients.

TERMINATION
You have the right to terminate this Agreement if Webplacement fails to deliver by any deadline that has been submitted and agreed upon in writing. The 50% deposit is not refundable if the project has been started and you terminate the contract through no fault of ours.

FILE DELIVERY
After the final design is approved, the design will be delivered in a digital format (.jpg, .pdf, png, word file formats)

PAYMENT
A 50% deposit is required before any work can commence and the remaining payment is payable when the design is complete but before it is delivered. The client understands that the final design belongs to Webplacement until paid in full. In the event of termination of this Agreement, Webplacement owns the design and has the right to complete, exhibit, and/or sell the design (not including business name). Furthermore, Webplacement owns all the design concepts created before the final design. The client understands that once the final invoice is paid in full, the client has the right to use the design in all media useful for business promotion and that Webplacement reserves the right to display the design for business promotional use

OWNERSHIP
You, the client, have ownership of the final logo design for use in any media application that is beneficial to your business. Webplacement retains the right to use the final logo, or any versions of the logo created in the process, within printed and on-line portfolios, including promotional materials such as newsletters and advertisements. The client also gives Webplacement permission to use client’s full name, and/or website name, for testimonial purposes on our website, or other business related media. The client understands that it is the client’s responsibility to copyright the logo design.
Affiliates
Affiliate Earning Percentage 10 %

Affiliate Start Bonus Deposit R10.00

Affiliate Minimum Payout Amount R100.00

Affiliate Maximum payout Amount R1000.00

Affiliate Commission Delay 30 Days for all recurring amounts Recurring fees thereafter are paid out on the 5th of every month provided the account is up to date. Once off amounts are paid into affiliates account as soon as the total amount has been settled by the client.

In detail all affiliates receive a 10% commission for all clients that used their link to visit the website and sign up for a product. The commission is paid 30 days after the initial sign up date unless the commission is for any web development, corporate Identity or marketing designs, this commission is paid as soon as the client ordering the service makes a payment. On all recurring monthly amounts the affiliate will receive the first payment after 30 days of the product being signed up and 10 percent of the recurring fee on the 5th of every month on condition that the affiliate has reached the R100.00 payout amount.

An affiliate is allowed to withdraw a maximum of R1000.00 every month.

NOTE
Before you confirm your agreement to these terms, please make sure you understand all of the above agreement. Should you have any questions or concerns regarding these terms, please contact us before advising us of acceptance.

Free WordPress Themes, Free Android Games