Terms and Conditions
The following Terms and Conditions document is a legal agreement between Spoofy Hosting or Spoofy hereafter “the Developer”, and “the Client” for the purposes of website design or development and hosting. These Terms and Conditions set forth the provisions under which the Client may use the services supplied.
The Developer is an Internet web design provider offering the Client graphical design, WordPress and Divi theme design and management, WordPress third party hosting management and text content creation.
Spoofy WEBSITES will carry out work once the first agreed amount on its website via PayFast reflects in Spoofy’s account.
Spoofy WEBSITES will carry out work only for clients who are 18 years of age or above.
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Spoofy WEBSITES cannot accept responsibility for any losses incurred due to malfunction, the website or applications or any part of it.
The web server, website, graphics and any programming code remain the property of Spoofy WEBSITES until the end of the first 12 month cycle of hosting. Non payment will result in a suspension of the website and its emails until payment is up to date. Should the client want to transfer to another host the balance of the first 12 month cycle needs to be paid in full. After renewal of the service for the second 12 month cycle and every cycle after that the client may transfer free of charge provided they give a one month notice. The domain name will be registered under the name and email provided by the client which ensures they retain ownership of their online property except for the website design work until said 12 cycle period agreement has matured after which all ownership transfers to the domain name owner. The client understands that all software and plugins provided by Spoofy is not owned by Spoofy and the responsibility to pay annual subscription fees to the related companies who own these licensed plugins and software is transferred to the client should they transfer their domain name to a different host. Added to that the client has no legal claim to insist that Spoofy continue any subscription to any plugin or software on their behalf while being hosted by Spoofy.
Spoofy Hosting cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any additions to the list on the Spoofy WEBSITES Website indicating which services will be provided will be charged at an hourly rate.
The client agrees to make available as soon as is reasonably possible to Spoofy Hosting all materials required to complete the site to the agreed standard and within the set deadline.
Spoofy WEBSITES will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Spoofy WEBSITES will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
Spoofy WEBSITES will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
DATABASE, APPLICATION AND E-COMMERCE DEVELOPMENT
Spoofy WEBSITES cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Where applications or sites are developed on servers not provided by Spoofy Hosting, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the client’s responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by Spoofy WEBSITES before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live and signed off by the client, Spoofy WEBSITES will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief and advise of any additional costs in order to achieve this.
Spoofy WEBSITES will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with current versions of Chrome and to a functional level where possible with older versions. Spoofy WEBSITES can offer no guarantees of correct function with all browser software. Sites will be tested during development on up to date version of PC/Windows. Sometimes clients may have non-standard software installed on their computer (including but not limited to browser plugins, spam filters, popup or advert blockers, virus or Trojan software, firewalls), non-standard settings or hardware issues which are beyond the control of Spoofy Hosting. In the event of problems, it falls to the Client to ensure that their computer systems are capable of displaying and working with hosting, email and websites.
Whilst Spoofy WEBSITES offers hosting of websites, no guarantees can be made as to the availability or interruption of this service by Spoofy WEBSITES and cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service.
Spoofy WEBSITES reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise. Fees relating to web hosting or domain names must be paid prior to the expiration date of the said service. If the fees remain unpaid at the time of expiration, we will with immediate effect, cancel said service and any data held by said service will be removed. If a cancelled service is to be reinstated at the Client’s request, a setup fee will be payable before any such reinstatement and any data lost as a result of the cancellation will not necessarily be restored.
PERMISSIONS AND COPYRIGHT
Copyright of the completed web designs, images, pages, code and source files created by the Developer for the project shall be with the Client upon final payment only by prior written agreement. Without agreement, ownership of designs and all code is with the Developer.
The Client agrees that resale or distribution of the completed files is forbidden unless prior written agreement is made between the Client and the Developer.
The Client hereby agrees that all media and content made available to the Developer for use in the project are either owned by the Client or used with full permission of the original authors. The Client agrees to hold harmless, protect and defend the Developer from any claim or suit that may arise as a result of using the supplied media and content.
The Client agrees that the Developer may include development credits and links within any code the Developer designs, builds or amends. If the Developer designs a website for a Client, then the Client agrees that the Developer may include a development credit and link displayed on the Client’s website. If the Developer builds or amends a website for a Client, then the Client agrees that the Developer may include a development credit and link displayed on the Client’s web page, which may be within the code but not displayed on a web browser if requested by the Client.
The Client agrees that the Developer reserves the right to include any work done for the Client in a portfolio of work.
The Client agrees to abide by the terms of any third party software or media included within any work done for the Client. Examples of this include, but are not limited to, Google maps, Media under the Creative Commons license, RSS feeds, Open Source GPL Software etc.
The Developer 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.
DOMAIN NAMES AND HOSTING
The Developer can, at its own discretion, but is not obliged to, offer domain name registration and hosting via a third party service.
The Client agrees that registration of a domain name does not provide endorsement of the right to use the name. The Developer holds no liability and the Client hereby agrees to indemnify and hold harmless the Developer from any claim resulting from the Client’s registration of a domain name.
The Client agrees to take all legal responsibility for use of third party domain name and hosting services and supply truthful details to the third party services.
The Client agrees that information submitted for registration of domain names is then available to the general public via the Whois system.
The Client is liable to pay the Developer for any domain name registrations and the initial set-up of the hosting if included as part of the website build.
Any support relating to the domain name, hosting and email services is between the Client and the third party service.
Any other domain name and hosting services or costs not included by the Developer, including but not limited to further domain name registration fees, domain name transfer charges, yearly domain name renewals, hosting charges, yearly hosting renewals, hosting upgrades, extra disk space, bandwidth and any other related or hidden charges, are to be paid by the Client to the third party services.
The Client agrees to pay the domain name and hosting fees as soon as required by the third party. Any modifications needed to the domain name or hosting services are to be made between the Client and third party service.
The Client agrees that if at any time their contact details, including email address, change, it is their responsibility to contact the third party and update their contact details. Failure to do so may mean that renewal invoices for the domain name and hosting services are not received by the Client.
Payment for domain name and hosting services is to be made immediately on receipt of an invoice from the third party service. Failure to comply with the payment terms may result in the Client’s domain name becoming available to another party and/or the website and email services becoming unavailable.
The Client agrees to pass on FTP details and any other access details relating to their domain name and hosting account that the Developer requires to upload the website if required as part of a project.
The Developer reserves the right without notice to cancel, reject or refuse work with domain names or hosting services without reason for such rejection or refusal.
The Client agrees to be liable for their use of the domain name, hosting and email services with the third party and hereby agrees to indemnify and hold harmless the Developer from any claim resulting from the Client’s publication of material and use of the domain name, hosting and email services.
The Client agrees to take full responsibility for all usage of the domain name, hosting and email services and to fully abide by the terms and conditions set out by the third party for such services
PAYMENT OF ACCOUNTS
In all cases, website hosting fees and any costs incurred by Spoofy Hosting on behalf of the client are payable monthly and are non-refundable.
It is the Spoofy WEBSITES policy that any outstanding accounts for work carried out by Spoofy WEBSITES or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with Spoofy WEBSITES. If accounts are not settled or Spoofy WEBSITES has not been contacted regarding the delay, access to the related website may be denied. Fees relating to web hosting or domain names must be paid prior to the expiration date of the said service. If the fees remain unpaid at the time of expiration, we reserve the right to cancel said service and any data held by said service will be removed. If a cancelled service is to be reinstated at the client’s request, a setup fee will be payable before any such reinstatement and any data lost as a result of the cancellation will not necessarily be restored.
Spoofy reserves the right to request full payment before the release of files, design, domain names or hosting services.
LIABILITY AND WARRANTY DISCLAIMER
The Developer provides their website and the contents thereof on an ‘as is’ basis and makes no warranties with regard to the site and its contents, or fitness of services offered for a particular purpose. The Developer cannot guarantee the functionality or operations of their website or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete.
The Client agrees that the Developer is not liable for any bugs, performance issues or failure of the CMS software as the CMS is open-source software distributed under the GPL (“GNU General Public License”) and is maintained and developed by a community of thousands of users and developers. Any bugs, performance issues or failure with the software will be directed to the CMS Development community.
The Developer endeavours to provide a website within given delivery time scales to the best of its ability. However, the Client agrees that the Developer is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery time scale.
The Client agrees that the Developer is not liable for any failure to carry out services for reasons beyond its control, including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on a major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
The Developer is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.
On handover of files from Developer to Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use.
Whilst every effort is made to make sure files are error free, the Developer cannot guarantee that the display or functionality of the web design or the website will be uninterrupted or error free. If, after handover of files, errors are found in code the Developer has created and the standard development platform, domain name set-up and hosting set-up are the same as when work began, then the Developer can correct these errors for the Client free of charge for a period of 1 month, after acceptance of the work. After the 1-month period, the Developer reserves the right to quote separately for any work involved in correcting an error.
If, after handover of files, errors are found in code the Developer has created and the standard development platform, or the domain name set-up or hosting set-up have been changed, the Developer can correct errors and reserves the right to quote separately for any additional work needed as a result of changes to the browser software, domain name set-up or hosting set-up.
Should the Client go into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, the Developer reserves the right to cancel forthwith any projects and invoice the Client for any work completed.
The Developer shall have no liability to the Client or any third parties for any damages, including but not limited to claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or website, even if the Developer has been advised of the possibility of such damages.
There are sometimes laws and taxes that affect Internet e-commerce. The Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend the Developer and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet e-commerce.
The Developer may from time to time recommend to the Client that updates are needed to their site, including but not limited to new legislation compliance, software compatibility and web standards. The Developer reserves the right to quote for any updates as separate work. The Client agrees that the Developer is not liable for any failure to inform or implement these updates to their site. The Client agrees that it shall defend, indemnify, save and hold the Developer harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.
The Client agrees to use all Developer services and facilities at their own risk and agrees to defend, indemnify, save and hold the Developer harmless from any and all demands, liabilities, costs, losses and claims, including but not limited to legal fees against the Developer or its associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the Client or its third parties.
The Client agrees that this indemnification extends to all aspects of the project, including but not limited to website content and choice of domain name.
The Client also agrees to indemnify, hold harmless and defend, the Developer against any liabilities arising out of injury to property or person caused by any product or service sold by the Client or any service provided or agreed to be provided or by third parties, including but not limited to infringement of proprietary rights, misinformation, infringement of copyright, delivery of defective services or products that are harmful to any company, person, business, or organisation.
The Developer and any third party associates agree that, unless directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. The Client agrees that it will not convey any confidential information about the Developer to another party, unless directed by the Developer.
The Developer and any third party associates shall use information provided by the Client in relation to this agreement in accordance with the Data Protection Act 1998. This information will also be used to identify the Client in communications with them and to contact the Client from time to time to offer those services or products that may be of interest to or benefit the Client.
A link to https://www.spoofy.co.za may appear in small type at the bottom of the Client’s website.
Anyone who experiences a problem with their web service provided by Spoofy Hosting should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an URL) and clearly outlining the grounds for complaint. Any attempts to complain about Spoofy Hosting on any public platform including social media platforms without following the above agreed procedure will be liable to legal action.
Spoofy Hosting will communicate with the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
FORMAL COMPLAINTS PROCEDURE
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made in writing to Spoofy Hosting, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.
These Terms and Conditions supersede all previous representations, understandings or agreements.