SOME IMPORTANT WORDS
The hosting provider refers to specialist companies with data centres all over the world. This will also be the companies from whom CSS BI DESIGN (PTY) LTD contract their Private Web Servers.
A Project can be any of the following products/services
- Email or Website Hosting
- Website design & development
- Search Engine Optimization work
- Graphic Design and Artwork
- Printing Services
- Company Registrations
- or any other service provided by CSSbiDESIGN to the Customer.
‘Frustrates” is a term used to describe where one party to a contract acts in a way so as to make it unrealistic for the other party to carry out their part of the contract.
The word “contract” as it appears in these terms and conditions shall mean the contract between CSS BI DESIGN (PTY) LTD and the specific client we deal with. It also refers to these terms and conditions contained within this Service Level Agreement.
NOW SOME ABBREVIATIONS TI HELP YOU
- CSSBIDESIGN stands for CSS BI DESIGN (PTY) LTD
- SLA stands for Service Level Contract
- ISP stands for Internet Service Provider
- HPC stands for Hosting Provider Company.
- DR stands for Domain Registrar.
The terms and conditions contained in this SLA apply to all CSSBIDESIGN Customers unless agreed in writing to the contrary. No other contract terms and conditions shall apply unless specifically agreed in writing between CSS BI DESIGN (PTY) LTD Limited and the Customer. In the event of any ambiguity between these terms and conditions and any terms agreed in writing between CSS BI DESIGN (PTY) LTD and the Customer then these terms and conditions will apply.
Whenever possible CSSBIDESIGN will provide customers with a fixed price quotation and detailed specification for a project.
Quotations and Pro-Forma invoices are valid for a period of 14 days from the date of issue.
Items omitted or added to the specification that accompanies a fixed price quotation will be treated as variations in accordance.
CSSBIDESIGN will provide quotations in writing by email to customers, which will include a hyperlink to this SLA. Acceptance by a customer of a CSSBIDESIGN proforma invoice is subject to acceptance of the terms and conditions in this SLA unless specifically agreed in writing between the Customer and CSSBIDESIGN to the contrary.
INVOICING AND PAYMENT
CSSBIDESIGN will provide customers with final invoicing for projects on approval estimates/proforma invoice or the customer request.
Any discount applied to an invoice is only valid should the invoice be settled within 5 working days from the date issued. Should the invoice not be paid in that 5 days the discount be cancelled and the client responsible for the full amount.
CSSBIDESIGN will provide invoices in writing by email to customers, which will include a hyperlink to this SLA. Acceptance by a customer of a CSSBIDESIGN invoice subject to acceptance of the terms and conditions in this SLA, unless specifically agreed in writing between the Customer and CSSBIDESIGN to the contrary.
CSSBIDESIGN will specify within estimates or quotes how certain projects will be invoiced.
CSSBIDESIGN standard payment terms are 100% upfront from the date of invoice.
The value of work included in a fixed price quotation specification that is omitted will be valued and deducted from the final project sum.
Work that is in addition to that detailed in a fixed price quotation specification will be valued and added to the final project sum.
CSSBIDESIGN use high-performance web servers.
Our server an uptime performance of over 99.9%.
- CSSBIDESIGN provides annual hosting and maintenance to our customers at a fee of R650 per 12 Months, this fee is offered to our website development projects free of charge the first year.
- CSSBIDESIGN will not be liable to the Customer for any compensation in respect of any downtime that may occur with the hosting of their website(s).
- CSSBIDESIGN will keep a separate local backup of all customer website files and in the unlikely event of a hard drive failure or another technical failure with the dedicated web server will re-setup the website as quickly as possible on a new or repaired web server.
- All SQL Server databases used for customer websites are regularly backed up and in the unlikely event of a hard drive or other technical failures with the dedicated web server will be restored and re-connected to customer website(s).
- With regarding, any images or download files uploaded to a customer’s website by a customer it is the responsibility of the customer to retain a copy of these on their local PC/LAN. In the unlikely event of hard drive failure or other technical failures with the dedicated web server, it will be the responsibility of the Customer to re-upload these files.
CSSBIDESIGN utilize various backup processes all website folders and files and may, therefore, be able to avoid customers having to re-upload files in accordance. This is not guaranteed by CSSBIDESIGN so customers should observe and be prepared, in the unlikely event, to comply.
In the event of that where a customer wishes to move their website and/or SQL Server Database to another web server supported by another party, then CSSbiDESIGN will cooperate fully, subject to the following;
- Should a client want to move in their 12 months the client will be invoiced the full R650 with domain registration fee that needs to be paid in full before the transfer be accepted.
- The design, together with email accounts is hosted on our servers and can not be moved to any other host unless a negotiated fee to purchase the intellectual copyright of the source code etc. has been reached.
- all outstanding amounts being paid up in full and in advance.
- In the event of a shared SQL Server database, customers can pay for their website data to be exported to a standalone SQL Server database, which can then be relocated.
- In the event where the Customer requires assistance with remedying a situation with their website that is not a technical fault caused by CSSBIDESIGN, the time expended by CSSBIDESIGN will be charged to the Customer in accordance.
CSSBIDESIGN will invoice for Hosting on an annual basis, yearly in advance. Invoices will be raised approximately 30 days prior to the renewal of the fiscal date.
- CSSBIDESIGN will setup customers email free of charge and not ask any fee for doing this.
- CSSBIDESIGN are excluded from any liability to the Customer for any interruption or termination in the email service.
- CSSBIDESIGN will troubleshoot any problems reported by the Customer with their email. If the problem is due to an omission by CSSBIDESIGN then no charge will be made to the Customer. If the problem is not due to an omission by CSSBIDESIGN then the Customer will be charged in accordance, CSSBIDESIGN Hourly Rate Charges of R149.00 per hour.
- CSSbiDESIGN does not support unsolicited or bulk email messages sent by users of our system (also known as junk email or SPAM). Users sending unsolicited or bulk email messages from our system will have all of their services temporarily suspended. They will then be contacted by The CSSbiDESIGN and informed of the suspension before having their services reinstated. A repeated offence may cause cancellation of service without refund of any fees. The CSSbiDESIGN does not allow any hosting account to give out free or paid email hosting on a public level. Reseller accounts are exempt from this, however, spam guidelines still apply. It is up to the reseller to monitor and control outgoing junk email/spam.
SEARCH ENGINE OPTIMIZATION
CSSBIDESIGN are expert at designing websites to perform well with the search engines and will liaise with customers in trying to achieve high rankings for the appropriate keyword phrases.
CSSBIDESIGN accepts no responsibility or liability to the customer for the actual rankings achieved or how such rankings may vary over time.
PERFORMANCE AND PROJECT COMPLETION TIME
CSSBIDESIGN will ensure that the project at hand is completed within a specific time-frame. This time-frame stated below can only commence once full payment and all information needed has been received from the client:
- Business Express Websites (1 Page): 48 Business Hours
- Business 3 – 10 Website Pages: 5 Business Working Days.
- E-Commerce Websites up to 50 products: 14 Business Working Days.
- E-Commerce Websites up to 100 products: 18 Business Working Days.
- E-Commerce Websites up to 250 products: 21 Business Working Days.
- Website Updates and changes: 48 hours.
In the event that the customer request certain tasks or reports an issue which is not covered by the scope and falls outside of the project specification then CSSBIDESIGN will investigate this and email the customer a report and, if appropriate, a price to carry out the extra work involved to resolve the issue.
- Daily feedback will be provided and should there be delays in completing a project, will CSSbiDESIGN notify the client in writing.
TERMINATION OF SERVICES
In the event that the customer does not pay an invoice within 30 days of the due date, then CSSBIDESIGN has the right to suspend all further works for that customer until such time as payment is made in full.
In the event that the Customer does not pay a hosting subscription invoice within 30 days of the due date, then CSSBIDESIGN reserve the right to turn off any website hosting until such time as the invoice is paid in full.
In the event that the customer becomes insolvent or goes into liquidation CSSBIDESIGN have the right to immediately terminate their contract with the Customer an invoice for the full value of project works carried out to that date, plus suspend any email or hosting services.
In the event that a customer “frustrates” the progress of a project contract with CSSBIDESIGN then CSSBIDESIGN will be entitled to give 14 days’ written notice to the customer of the contract being terminated. If the customer does not satisfactorily remedy the cause(s) of the frustration, within the 14-day notice period, then CSSBIDESIGN will have the right to terminate the contract. CSSBIDESIGN will invoice the Customer for the full value of works carried out to-date.
Should a client feel the need to cancel his hosting account with CSSbiDESIGN during any 12 month period, a cancellation fee might be applied.
No outstanding balance on the account is allowed when a client requests cancellation of services. These Outstanding fees could be anything related to:
- Unpaid Invoices
- Bandwidth Over Usage
- Discounts that were applied
- Any Other Fees
- Cancellation fees
No domain transfer will be accepted and the domain will not be released if there are any outstanding fees. Only once all outstanding money has been paid in full will the domain transfer be accepted, cPanel login details and any other required details provided allowing the client to complete his transfer.
CSSbiDESIGN deserves the right to any time suspend all client services should there be an outstanding amount and hand it over to the legal department in dealing with the matter in a professional and legal way.
The source code of all website web pages remains the intellectual property of CSSBIDESIGN and may not be copied and used by any other party without the consent of CSSBIDESIGN.
All scripts, CSS and include files used within customer websites remains the intellectual property of CSSBIDESIGN and may not be copied and used by any other party without the consent of CSSBIDESIGN.
The stored procedures, functions and triggers programmed into SQL Databases remain the intellectual property of CSSBIDESIGN and may not be copied and used by any other party without the consent of CSSBIDESIGN.
All customer logo images, images unique to the customer, i.e. of their premises, workforce and their business, plus all written copy, belong to the customer and are covered under their copyright. CSSBIDESIGN will not reuse customer written content or images without the express permission of the customer.
Unless expressly agreed in writing to the contrary CSSBIDESIGN do not have any liability to the customer for any delays in completing a project.
CSSBIDESIGN do not have any liability to the customer for the performance of a website, database or any other entity/service developed/setup for the client.
UNLAWFUL ACTIVITIES & MALWARE
We do not allow any of the following content to be published on any of our servers:
The content of a pornographic, sexually explicit, or adult nature.
The content of an illegal nature (including copyrighted material).
Scripting that utilizes more than 20% of a server or node’s memory, storage, processing resource, I/O at any one time will result in a warning and may lead to having your account suspended. This is to ensure that the response time of the server does not degrade in such a manner to negatively affect anyone else using the same server.
Hosted services that cause the general performance of our servers or nodes to degrade.
Pirated software sites Hate sites or content that could be reasonably considered as slanderous or libellous The CSSbiDESIGN representatives will decide upon content that is questionable regarding any of the criteria.
Users posting any of the above content on their sites may have their Web and/or incoming anonymous FTP services suspended. They will then be contacted by The CSSbiDESIGN and given the opportunity to remove the content in question before having their services reinstated. A repeated offence may cause cancellation of service without refund of any fees.
Customers caught using our system for illegal activities, including but not limited to breaking into remote systems, credit card fraud, theft, phishing, scams, vandalism, threats, or violence, will have their accounts immediately cancelled without refund of any fees.
CSSbiDESIGN reserves the right to refuse service to anyone for any reason. We enforce this policy to ensure a professional environment for the users of our system. This includes any programs, such as CGI programs that are using excessive amounts of system resources. Excessive amounts are defined as any amount that results in substantial degradation of server performance.
CSSbiDESIGN is the sole determinant of what constitutes degraded server performance. On some occasions, we allow heavy usage depending on the situation. However, additional fees may apply.
If a customer reverts to verbal abuse of any nature, we reserve the right to refuse service to that customer. We reserve the right to terminate delivery of service at any stage, to a customer for any reason relating to abuse and/or nonpayment of invoices.
CSSbiDESIGN is committed to protecting your personal information and respecting your privacy.
We will never sell, rent, or disclose your personally identifiable information to outside parties without your consent unless compelled by a court of law to do so.
However, we do reserve the right to disclose your requirement information (if you are a member) to industry professionals in order to get your job done if needed.
We may send you e-mail regarding our new features, news, or other important update information. In any case, we will never disclose your personally identifiable information to third parties.
We may use various methods to collect information including, cookies and/or IP addresses.
Note however that information you enter during registration will be used to register the domain in your own name.
The information you enter there will reflect on the domain whois information.
On international domains, you may opt to order ID Protection at an additional fee, which will hide certain fields on the domain whois itself.
Local domains do not have this option available and your information will reflect on the domain. You must provide honest and true information during your signup to ensure that domain ownership disputes do not occur in the event you entered false information.