The Terms of if Business are made up by the General Terms of Business and the Hosting Terms of Business.

1.       General Terms of Business

w3Generation is the “Trading As” name of Pedro da Graça, Sole Proprieter and will refer to such in the contents below. The following Terms and Conditions of Service apply to all products and services provided by w3Generation.

All work is carried out by w3Generation on the understanding that the client has agreed to w3Generation’s terms and conditions.

General

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. w3Generation reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

Acceptance of Quotation and Terms and Conditions

The placement of an order for design and/or any other services offered by w3Generation and validated by the customer’s signature on the estimate or quotation form, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and w3Generation.

All quotations are valid for 30 days only, unless otherwise agreed by both parties. The quotation forms part of the Terms and Conditions on this page.

If a quotation is accepted and then a project start date is delayed by more than a month, w3Generation reserve the right to re-quote and re-invoice.

Any additional scope “creep” will be identified up front and quoted. The quote is valid for 30 days from the date of the proposal.

Our costs include reasonable amends over the first three sets. Any further author’s amends and changes to brief will be charged to the client, the client will be quoted any amends before they are commenced.

These costs do not include photography, image purchase. These can be quoted if required.

Signed contract or Purchase order is required before any work is undertaken. (This can be in email form too, where the client accepts these terms and conditions in writing in an email.) This indicates that the client accepts our terms and conditions. w3Generation will not be held liable or responsible for the end use of any documents or work carried out by us. We retain the right to reject work which we feel is illegal, immoral or objectionable.

Project proof reading & final signoff

Digital: Website content lies with the client.

Changes as a result of an error by w3Generation will be corrected free of charge. Changes as a result of the client changing their mind may be subject to additional charges, as changes always take time.

Copyright

Copyright is retained by w3Generation on all design work including words, pictures, ideas, visuals and illustrations (unless specifically released in writing) and after all costs have been settled.

If a choice of design is presented, only one solution is deemed to be given by w3Generation as fulfilling the contract. All other designs remain the property of w3Generation, unless agreed in writing that this arrangement has been changed.

Project Acceptance

At the time of proposal, w3Generation will provide the customer with a written estimate or quotation.

A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to w3Generation. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept w3Generation’s terms and conditions. No work on a project will commence until either document has been received by w3Generation.

Design Charges

Charges for design services to be provided by w3Generation, will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions.

Payment

For online projects – the customer is required to pay 50% on commencement of the project; 30% on completion of the design aspect of the project being signed off and 20% on completion/go live of the project. These invoices are due on receipt.

Copyrights and Trademarks

By supplying text, images and other data to w3Generation for inclusion in the customer’s website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.

Any artwork, images, or text supplied and/or designed by w3Generation on behalf of the customer, will remain the property of w3Generation and/or it’s suppliers.

The customer may request in writing from w3Generation, the necessary permission to use materials (for which w3Generation holds the copyright) in forms other than for which it was originally supplied, and w3Generation may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.

By supplying images, text, or any other data to w3Generation, the customer grants w3Generation permission to use this material freely in the pursuit of the design.

Should w3Generation, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow w3Generation to remove and/or replace the file on the site.

The customer agrees to fully indemnify and hold w3Generation free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.

Alterations

The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.

The customer also agrees that w3Generation holds no responsibility for any amendments made by any third party, before or after a design is published.

Licensing

Any design, copywriting, drawing, idea or code created for the customer by w3Generation, or any of it’s contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of w3Generation and any of it’s relevant sub-contractors.

All design work- where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. w3Generation will not be held responsible for any and all damages resulting from such claims. w3Generation is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold w3Generation responsible for any such loss or damage. Any claim against w3Generation shall be limited to the relevant fee(s) paid by the customer.

Data Formats

The client agrees to w3Generation’s definition of acceptable means of supplying data to the company.

Text is to be supplied to w3Generation in electronic format as standard text (.txt), MS Word (.doc) via e-mail or other online sharing means (e.g. dropbox)

Images which are supplied in an electronic format, are to be provided in a format as prescribed by w3Generation via e-mail or other online sharing means (e.g. dropbox). Images must be of a quality suitable for use without any subsequent image processing, and w3Generation will not be held responsible for any image quality which the client later deems to be unacceptable. w3Generation cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.

Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.

Design Project Duration

Any indication given by w3Generation of a design project’s duration is to be considered by the customer to be an estimation. w3Generation cannot be held responsible for any project over-runs, whatever the cause.

Rights of Access for Website Construction

The client agrees to allow w3Generation all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords. The customer also agrees to allow w3Generation access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.

The customer agrees to supply w3Generation with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.

Website Design Only

Once web design is complete, w3Generation will provide the customer with the opportunity to review the resulting work. w3Generation will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to w3Generation by e-mail and confirmed by post.

w3Generation will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.

Website Developments

Website Warranty: Your website is covered by a free warranty for 30 days from the day your website goes live. w3Generation will fix any bug or website issue within this 30 day warranty period when requested. After this period has expired w3Generation accepts no responsibility for the code within your website, ongoing maintenance, bug fixing, software updates, security updates or content updates.

Maintenance: Once your website warranty period expires w3Generation can offer a monthly support contract to assist you with any issues (bugs) identified, software and content updates please discuss your requirements with your Account Manager.

Support (whether prepaid or adhoc) is undertaken during working hours only in the UK and South Africa (8am UTC to 5.30pm UTC), Monday to Friday excluding UK  and South Africa bank (public) holidays.

Support requested or undertaken after hours, on weekends, or on holidays will be charged at a higher rate.

w3Generation does not guarantee availability of immediate support but will make every effort to accommodate the needs of clients. A service Level Agreement can be set up between the client and w3Generation if required.

Security and Backups

w3Generation does its utmost to ensure that your website is secure, by setting backups where applicable, teaching the client how to take hosting backups where possible, and taking backups prior to starting any upgrades/updates. However, w3Generation is not responsible for the general security and availability of clients sites. w3Generation will work with the client and the clients hosting provider to restore a site if this becomes necessary, but the cost of doing this rests with the client.

If the hosting that a client chooses does not support backups, w3Generation can quote to install and configure a (paid-for) backup plugin as an extra project.

Moving on:

Should you wish to leave w3Generation and move your website to another provider, a fee is required to prepare and package your data, design and content files to hand-over to a new supplier. This does not include set-up within the new suppliers hosting or environment. The website, its content, design and database remains the property of w3Generation until full payment has been received.

Domain Registration

w3Generation cannot guarantee the availability of any domain name. Where w3Generation is to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration. A fee will be charged for domain registration and DNS set-up if required. w3Generation accept no responsibility for any down time of the client’s website or email hosting during the domain transfer or propagation. Domain name renewal remains the sole responsibility of the client.

Search Engine Submission

Due to the infinite number of considerations that search engines use when determining a site’s ranking, w3Generation cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added. w3Generation do offer an excellent SEO package to assist clients improve their ranking, please ask us for further details.

Design Credits

The customer agrees to allow w3Generation to place a small credit on printed material, exhibition displays, advertisements and/or a link to w3Generation’s own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.

The customer also agrees to allow w3Generation to place websites and other designs, along with a link to the client’s site on w3Generation’s own website for demonstration purposes and to use any designs in its own publicity.

Rights of Refusal

w3Generation will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. w3Generation also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that w3Generation does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow w3Generation to remove the contravention without hindrance, or penalty. w3Generation is to be held in no way responsible for any such data being included.

Cancellation

Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, w3Generation will need formal notification in writing to the company’s postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by w3Generation within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

Disclaimer

w3Generation makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. w3Generation will not be held responsible for any and all damages resulting from products and/or services it supplies. w3Generation is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials/services we recommend, we accept no responsibility for the performance or quality of material/services or any consequential loss arising from their failure. The customer agrees not to hold w3Generation responsible for any such loss or damage. Any claim against w3Generation shall be limited to the relevant fee(s) paid by the customer.

w3Generation reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions.

w3Generation will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

w3Generation and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. w3Generation recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.

1.       Hosting Terms of Business

Introduction

w3Generation’s hosting solution runs off the shared server infrastructure provided by WebAfrica and as such is subject to the down time that the ISP may experience and therefore cannot be held liable for any downtime other than that which may be cause by negligence on w3Generation’s part.

Domain Registration

w3Generation registers domains on the Internet through the relevant governing bodies and hosts websites and related material on the w3Generation server(s) on behalf of Clients. These terms and conditions apply to the use and registration of domain names and the web hosting services offered by w3Generation.

w3Generation registers domains through approved Domain Registrars, such as OpenSRS (for gTLDs). w3Generation may, at its discretion use other approved entities for registration, but in general may limit domains offered based on availability from the registrar concerned.

The Client will be bound by the terms and conditions of the relevant domain name space (e.g. .com or .co.za) under which any domain name registered on its behalf falls, and should become familiar with them. w3Generation may post links to these terms and conditions on the w3Generation Website purely as a convenience to the Client

Where w3Generation is acting as a registrar or reseller in registering a domain name for the Client, the Client may be required to agree to further terms. w3Generation will provide the Client with a link to these terms, which are incorporated into this Agreement by reference.

w3Generation will strive to ensure that registration and subsequent DNS propagation is effected in the shortest period of time. However, w3Generation cannot be held liable for any delays that may accompany the registration of domains. Initial Set-up fees are non-refundable. Domain Name Registration fees constitute a once-off payment subject to certain renewal charges.

Domain Transfer

w3Generation will transfer existing (registered) domains from existing hosting providers to w3Generation’s DNS and web servers. Upon requesting the transfer, and accepting the relevant Service Terms, the Client explicitly agrees that it has the authority to do so, being the registrant of the domain in question, or having been nominated as an agent of the registrant. The Client thereby indemnifies w3Generation from any disputes regarding ownership of the domain and any claims as a result thereof.

Cancellation

Cancellation will be dealt with as per the General Terms.

Cancellation, by the Client or w3Generation, will result in any data being permanently removed from w3Generation’s servers. Clients are solely responsible for ensuring that backups are made of web content and email data, or any other data stored on their hosting space. w3Generation will not be liable for loss of data, or be obliged to provide any such data once the hosting contract term has expired. Any backups made by w3Generation will be made for legal purposes and not for data retention purposes and will not necessarily be made available to Clients on request.

Payment and Payment Terms

Payment will be made in advance either for 1 year of service or 1 month of service.

In the case of a website being suspended due to non-payment a reconnection fee will be payable before the website is unsuspended. An additional waiting period of up to 72 hours may be imposed in the case of multiple payment bounces.

Liability for Registration and Use of Domain Names

w3Generation has not and does not conduct pre-registration searches in respect of the Client’s use and registration of its selected Domain Name/s and is therefore not obliged to either advise the Domain Name client about possible conflicting third party rights or to take steps to ensure against possible disputes concerning a third party’s intellectual property or other rights.

w3Generation reserves the right to disclose pertinent information to Registrars for public disclosure as per the Terms and Conditions of the Registrar. w3Generation will not be held liable for any claims of infringement of privacy by fulfilling such registration conditions.

This forms a regulatory requirement by the registrar, and there a Service Agreement requirement to the Client.

The Client indemnifies w3Generation by warranting that the use or registration of the Domain Name by a Client does not interfere with nor infringe the rights of any third party in any jurisdiction with respect to trademark, service mark, tradename, company name, close corporation name, copyright nor any other intellectual property right, and that Client has the right to use the Domain Name as requested.

w3Generation cannot act as an arbiter of disputes arising out of the registration and use of Domain Names. At the same time, Clients acknowledge that w3Generation may be presented with evidence that a Domain Name registered by a Client violates the rights of a third party. In such instance w3Generation shall be allowed to provide a complainant with the Client’s name and address and all further communication will exclude w3Generation and w3Generation will have no further obligations to the Client. In such instance the Client shall be entitled to continue using the Domain Name registered for the Client by w3Generation until a court or other body with jurisdiction directs otherwise.

Hosting Services

w3Generation offers a limited email hosting solution on a maximum of 2 accounts per client, charged at an agreed monthly/yearly rate. w3Generation recommends the use of 3rd party email hosting providers

w3Generation holds no liability on loss of emails in any way.

w3Generation reserves the right to suggest suitable alternatives to the Client and / or charge for excessive traffic or system resources as it deems necessary, at its sole discretion. Excessive traffic or use of system resources will be determined as set out in the Acceptable Use Policy.

w3Generation reserves the right to move a website between web servers and Internet backbones, both within South Africa and internationally as it deems necessary. If a Client moves in excess of their monthly web traffic allocation, then the Client will be contacted and various options will be presented.

w3Generation reserves the right (but does not assume any obligation) to inspect the contents of data that the Client transmits, receives or stores on a shared server to ensure compliance with this Agreement or any applicable laws regulations or codes of practice.

The Client must immediately and adequately respond to a denial of service attack (DOS / DDOS).  If the Client’s facilities are targeted by a DOS attack that affects other network users, the Client’s Service will be suspended.

Backups

As per the General Terms of Business, w3Generation carries out a limited backing up solution and c

lients are solely responsible for any additional backups they deem necessary. w3Generation strongly encourages ALL Hosting Clients to do so as frequently and completely as possible. w3Generation will not be liable for any data loss or any other losses or damages related to backups or data recovery without exception.

Clients are ultimately responsible for their own data, and w3Generation strongly encourages such Clients to continue to make their own backups as frequently and completely as possible to ensure that they have recourse in the event of any failure.

w3Generation also cannot guarantee the condition or fitness of any backups provided. Such backups are provided “as is” and are used at the Client’s own risk and discretion – whether restored by w3Generation by instruction from Clients or by Clients themselves.

w3Generation will not be liable for any losses or damages relating to any incidents arising out of such backups being provided (or not provided) to Clients on request.

Use at Client’s Risk

w3Generation will exercise no control whatsoever over the content of the material hosted on, or the information passing through the w3Generation network and in no way moderates such content.

Clients expressly agree that use of w3Generation’s Server(s) and Services are at the Client’s sole risk.

Spam/Virus Filtering

w3Generation provides a spam and virus filtering system to protect Clients from unsolicited mail and viruses. The Client acknowledges that this system might incorrectly identify a valid message as spam or as a virus and consequently this message might not be delivered to the Client. The Client acknowledges and agrees that w3Generation shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.

w3Generation reserves the right to examine incoming or outgoing mail to the extent necessary to determine if it is classified as spam or malicious.

Webmail

Webmail and other web-based email services made available by w3Generation are provided on an “as is” basis without representations, warranties or conditions of any kind, and the Client acknowledges and agrees that w3Generation shall have no responsibility for, or liability in respect of, any aspect of the webmail services, including without limitation for any lost or damaged data or any acts or omissions of w3Generation. As webmail storage space is limited, some webmail messages may not be processed due to space constraints or message limitations.

Limitation on Mail Size

Individual mail sent to the Client’s POP3/IMAP box or forwarded to the Client’s existing email address may be limited to 3000kB in size each.

Takedown Notice Procedure

In terms of section 75 of the Electronic Communications and Transactions Act (“the ECT Act”) the Internet Service Providers’ Association (ISPA) can instruct w3Generation to perform a site takedown upon receipt of notification of infringements as defined in Section 77 of the Act.

Any enquiries can be directed to ISPA at: Postal address: PO Box 518, Noordwyk, 1687, Midrand Tel: 010 500 1200 E-mail: takedown@ispa.org.za Should w3Generation receive a takedown notice from ISPA, w3Generation will endeavour to: 1. Notify the Client in good time of the takedown notice. 2. Allow the Client reasonable time to remove the disputed, illegal or infringing content. 3. Takedown any sites or services which are included in the ISPA takedown notice.

Retention of Rights

w3Generation makes no claim to the intellectual property (such as data) of Clients hosted unless otherwise specified in the General Terms of Business

Software Updates

Updating of CMS software such as WordPress core, theme and plugin updates is the responsibility of the client and any damage caused to the shared hosting environment as a result of negligence on the client’s part will be charged on an hourly rate not exceeding R450 per hour.

Should the client prefer w3Generation to maintain these updates, this will be charged at an agreed rate.

Disclaimers, Limitations and Indemnities

w3Generation will not be liable for any loss or damage, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, delict, or otherwise which may be suffered as a result of or which may be attributable, directly or indirectly, to the use and/or registration of the Client’s selected domain names/s OR ANY ACTION TAKEN BY W3GENERATION IN RESPONSE TO THE ABUSE OF THE DOMAIN REGISTRATION SERVICES WHICH IT OFFERS.

The Client hereby indemnifies and holds harmless w3Generation against any loss whatsoever arising from any dispute or claim or other action occasioned by the Client’s use and registration of its selected Domain Name, even if w3Generation has been advised of the possibility of such damages;

w3Generation will not be liable for any indirect or consequential loss, damage, cost or expense of any kind, irrespective of how such damage or loss was caused, whether arising under contract, delict or otherwise, including, and not limited to, data loss or corruption, loss of profits, contracts, operation time and goodwill.

Neither w3Generation, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that w3Generation’s 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 w3Generation Server service, unless otherwise expressly stated in this Agreement.

w3Generation expressly limits its liability to the Client for damages suffered due to any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. w3Generation specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

w3Generation is not responsible if an external company network and firewall is setup to block access to services w3Generation provides. If a Client’s network is setup to block certain ports or web addresses that compromise the services w3Generation provides it is the Client’s responsibility to ensure that their network configurations are changed as necessary.

Clients also hereby indemnify w3Generation against any 3rd party claims against themselves as resellers or services provided to the public or privately. Clients will be solely liable to external parties for losses and may, in no way, petition w3Generation to share or cover such losses or liability, either directly or indirectly. w3Generation is also indemnified from direct claims from Clients for losses incurred due to 3rd party actions or claims.