Effective Date: 05/06/2024
These Terms and Conditions (“Agreement”) constitute a legally binding agreement between you (“Client”, “you”, or “your”) and Front Forge (Pty) Ltd (“Front Forge”, “we”, “us”, or “our”), a company registered in South Africa. By accessing our website, signing up for, or purchasing any of our products or services, you agree to be bound by the terms outlined below. If you do not agree to these terms, you must refrain from using our services.
1. Web Design & Hosting Services
1.1 Client Responsibilities:
Front Forge (Pty) Ltd provides web design and hosting services based on the Client’s instructions and specifications. The Client acknowledges and agrees that they are solely responsible for ensuring that their website, including its design, content, and functionality, complies with all applicable laws, regulations, and industry standards in South Africa, including but not limited to the Protection of Personal Information Act (POPIA), the Electronic Communications and Transactions Act (ECTA), and the Copyright Act.
1.2 Limitation of Liability:
Front Forge (Pty) Ltd shall not be held liable for any claims, damages, or losses arising from the Client’s failure to ensure legal compliance, including but not limited to unlawful content, copyright violations, or non-compliance with regulations. The Client agrees to indemnify and hold Front Forge harmless against any claims, liabilities, or expenses arising from such non-compliance.
1.3 Copyrights and Trademarks:
The Client is solely responsible for obtaining all necessary licenses, permissions, or approvals for third-party materials (including images, fonts, and text) used on their website. Front Forge (Pty) Ltd does not warrant or guarantee that any content provided by the Client complies with copyright or trademark laws.
2. Client Responsibilities & Refunds
2.1 Client Delays:
The Client agrees to provide all required content (e.g., written copy, images, videos) within 1 to 2 weeks of project commencement, unless otherwise agreed in writing. Delays in providing content may result in an extension of the project timeline. Front Forge (Pty) Ltd reserves the right to place the project on hold until all necessary materials are received.
2.2 Refunds:
All website subscription payments are non-refundable. However, Front Forge (Pty) Ltd may, at its sole discretion, offer a full or partial refund on a case-by-case basis.
3. Website Transfer
3.1 Transfer Fees:
If the Client wishes to transfer their website to another hosting provider within the first 6 months of subscription, the following fees will apply:
– Standard Websites: The balance of the remaining subscription for the first 6 months, plus an additional 10% of the total project cost.
– E-Commerce Websites: The balance of the remaining subscription for the first 6 months, plus an additional 10% of the total project cost.
3.2 Notice Period:
The Client must provide 3-5 business days’ notice for website transfers.
4. Payment Failure & Suspension
4.1 Subscription Clients:
If a subscription payment fails (due to insufficient funds or other payment errors), website hosting will be suspended immediately. Front Forge (Pty) Ltd will notify the Client within 24 to 48 hours. If payment is not received within seven (7) days, the hosting service will be terminated, and all website files will be irretrievably deleted. Server backups are retained for seven (7) days only, unless a prior payment arrangement has been agreed upon.
4.2 Manual Paying Clients:
Clients invoiced monthly must make payment by the specified due date. Failure to pay will result in immediate suspension of hosting services. Hosting will remain suspended for up to 48 hours until payment is received. Failure to pay within seven (7) days will result in termination, and website files will be irretrievably deleted.
5. Cancellation
5.1 Cancellation by Client:
The Client may cancel their subscription at any time by providing written notice at least thirty (30) days in advance. Upon completion of the 30-day notice period, all services, including web design, website hosting, and email hosting, will be terminated by close of business on the final day of the notice period.
5.2 Reinstatement:
If the Client wishes to reinstate their subscription, they must do so within seven (7) days of cancellation to restore web files. After this period, server backups will be deleted, and the website will be irretrievable.
5.3 Website Files:
To obtain web files before cancellation, the Client must notify Front Forge (Pty) Ltd 3-5 business days in advance. The applicable fees under the “Website Transfer” section will apply.
6. Downtime
Front Forge (Pty) Ltd does not guarantee 100% uptime. As our hosting services rely on third-party providers, occasional downtime may occur due to maintenance or other factors beyond our control.
7. Control Panel & FTP Access
Front Forge (Pty) Ltd does not provide Control Panel or FTP access to Clients on monthly subscription packages unless the subscription has been paid in full or the remaining balance has been settled.
8. General Provisions
8.1 Entire Agreement:
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, representations, or understandings.
8.2 Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of South Africa. Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the South African courts.
8.3 Amendments:
Front Forge (Pty) Ltd reserves the right to amend these Terms and Conditions at any time. Clients will be notified of any changes, and continued use of our services constitutes acceptance of the revised terms.
ACKNOWLEDGEMENT
By engaging our services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions. If you have any questions or require clarification, please contact us at [email protected] before proceeding with any purchases or subscriptions.