THE FOLLOWING TERMS AND CONDITIONS ARE BINDING AND MANDATORY ON ALL CLIENTS:
The terms and conditions will serve as the contract between the client and service provider and shall govern the use of (designfundi.com) and the hosting service.
The client and/or the client’s agent shall certify that he/she is above the age of 18 years old and of sound mind and possesses full contractual liability and shall be considered as being duly authorised to contract on behalf of the client.
In the event that the client is under the age of 18 years old, the client would for all purposes require consent and assistance of his/her guardian and the guardian shall act on behalf of the client.
Any/ all legal notices including summons shall be served on (designfundi.com) at
4th floor, West Tower
Nelson Mandela Square
All payments shall take place via debit order. The client must be an owner of a valid banking account with a financial institution. All debits shall be done on a date which the client chooses. The client will complete a debit order form which shall be duly signed by the client and forwarded to the service provider.
In the event that the client willfully fails or omits to make payment, the client shall be held liable for a re-connection penalty of R300 for any hosting service.
In the event that the debit is cancelled or that there was insufficient funds in the account of the client, the service provider shall not be held liable for any rejected debit order costs and the client will be liable for such costs.
(designfundi.com) shall register domains on the Internet through the relevant governing bodies and shall host websites and related material on (designfundi.com) server on behalf of clients. These terms and conditions apply to use and registration of domain names and the web hosting services provided by (designfundi.com).
Domain registration shall be offered without any cost thereto.
In the event the client accesses our free domain policy and then cancels the agreement within three months thereof, he/she will then incur the cost for the registration.
(designfundi.com) shall offer a 99.9% UPTIME GUARANTEE, the service provider shall not be held liable for any external interference or hindrances, which include weather disasters or any reasonably unforeseeable future problems that could adversely affect the hosting.
The service provider will not be held responsible for any data loss or corruption or profit loss, contracts in the event that a 1% disaster occurs.
The service provider also shall not be responsible for any third party operated or service problems and outages.
In the event that (designfundi.com) needs to undergo maintenance on its web servers, the client shall be notified thereof at least 24 hours before the time.
7. SEO SERVICES
If DesignFundi does not produce improved rankings from the initial ranking the six full-months of service, then the service will be extended for a time period agreed upon by concerned parties, at no additional cost. We do not guarantee any specified increase in the number of new prospects or customers. We do not guarantee any specific increase in web traffic or sales, or any precise placement or ranking with specific search engines.
This service excludes Advertising, PPC Programs, Web Design and any other Specialized Services mentioned or not mentioned in the SEO agreement.
Employment of third-party SEO services during the terms of service with DesignFundi, without our expressed written approval, contravenes the terms of service and voids the SEO agreement. No guarantees or refunds will be provided.
DesignFundi is committed to ethical SEO (please refer to our Ethical Profile on our website); our company employs only those services which meet with complete approval from established major search engines and comply with all engine guidelines.
Limited to personal & non-commercial intent: Visitors may only employ this site for personal, non-commercial use. All content and software (i.e. Free SEO Toolkit) may only be used as a shopping resource. As a visitor, you are strictly forbidden from copying, displaying, distributing, licensing, performing, publishing, reproducing, revising, selling, sending, transferring or transmitting any information, products, services or software available at this site.
The availability of this site at any given time is subject to its delivery to visitors by the Web; DesignFundi agrees to do its best to avoid delays and interruptions in the delivery and revising of the site. DesignFundi will not be liable in any way to visitors for any aforementioned delays and/or interruptions. All site information is provided to visitors without any express or implied guarantees or warranties.
Neither DesignFundi, nor any third party involved in producing or providing site information or whose content or features appear in the site, will be held accountable or liable for any damages or injury arising from, but not limited to, any of the following: computer virus, defect, delay in operation of transmission, error, interruption, line failure, performance failure, omission, technical inaccuracy, or inability to employ features or use material found on the site. This disclaimer holds even in the event of negligence on the part of DesignFundi, or in the event that an authorized DesignFundi representative has been made aware of such damages occurring, or both.
DesignFundi is committed to making sure that all website content is accurate, current, and relevant, but is not liable for “honest” site mistakes such as incorrect images, incorrect product descriptions or pricing information, and photographic or typographical errors.
DesignFundi reserves the right to withdraw any content or information, or any part, from the website, if the provider of said materials withdraws or curtails the authority or license of DesignFundi to feature these materials in the site. This may not apply to site visitors to the extent that applicable laws may disallow the exclusion or limitation of ability for consequential or incidental damages.
Content available on the site is not considered as either legal advice or as confidential; the accuracy and comprehensiveness of all site materials is not guaranteed or promised. Visitors employ any and all content on this site, or content linked from this site, at their own risk.
Links to External Websites
DesignFundi is not responsible for the contents of any external website linked to Yesupseo.com, or for any potential repercussions due to use of such a link. DesignFundi cannot control which particular sites are linked to its own, and as such users access those sites at their own risk. Further to the point, DesignFundi is not responsible for the privacy practices and/or policies of these sites.
DesignFundi does not necessarily endorse external websites linked to Yesupseo.com, nor does it necessarily endorse their content, information and/or features. DesignFundi does not necessarily have a relationship with either the external site(s) linked to Yesupseo.com or its owner(s) or proprietor(s).
Accountability: Website visitors agree not to hold accountable and to support against all claims, damages, expenses, losses and costs, including attorneys’ fees, DesignFundi and any of its managers, employees, agents, licensors, suppliers and any third party information providers to the site.
Mistakes & Revisions: DesignFundi does not claim in any way that the linked external website or its contents are free of mistakes, viruses or other problems, or that the defects will be rectified or that the site will always be accessible. DesignFundi does not claim in any way that the content will be accurate, correct, relevant or reliable. At any time DesignFundi can revise any and all information on its own site provided by third party sites.
Third Party Materials: Third Party content may appear on this website or may be accessible via site links. DesignFundi shall not be held accountable for and is not liable for any defamation, falsehood, infringement, libel, mistakes, misstatements, omissions, pornography, profanity or omissions in any form of third party content appearing on this website. DesignFundi does not necessarily endorse or support any information or opinions found in third party content on this website.
Privacy and Security Concerns
Security measures are employed to protect all customers against the alteration, loss and/or misuse of any pertinent information under our control. DesignFundi ensures that all company information is stored in a secured database, and will be kept confidential at all times, unless requested by the client concerned.
No personal information on individuals will be shared, sold or rented to anybody, without the prior permission of the individual in question or unless so ordered by a court of law. The information submitted to DesignFundi by companies is only available to employees specifically assigned to manage specific accounts, for the sole purpose of contacting the company and/or individual or for sending requested information via email. Any changes to our stated use of personal information will be announced on the site and by email. In such instances, site visitors have the option of either accepting or rejecting our use of personal information in a different manner.
DesignFundi is committed to providing opportunities for all site visitors to have their information available to third parties if they so desire, but visitors will always be notified of this beforehand. All site visitors have the option of proceeding with services involving a third party.
All third party copyrights, trademarks and content/materials found on the site are protected, and belong to the original owners. These terms and conditions and Ontario laws prohibit site visitors from copying, distributing, displaying, licensing, publishing, revising, selling and/or transmitting any and all site content, for commercial or public intent. Without written permission from either DesignFundi or a third party, if applicable, the use of all trademarks is forbidden.
Advertisers & Sponsors: Website advertisers and sponsors are responsible for the accuracy of any and all content and/or material submitted for site inclusion; all information supplied must comply with applicable and existing laws. DesignFundi is not liable for any errors or illegal, inaccurate and/or omitted information provided by third parties.
Accesibility of visitor materials: Website visitors who upload content or submit materials for use on this site agree to cede to DesignFundi an irreversible, ongoing, royalty-free, worldwide, non-exclusive right and license (with right to sublicense) to the following: to employ, revise, reproduce, publish, publicly employ or show, digitally display and employ, and distribute said materials into any current form, medium or technology, or any developed in the future. This also applies to content and/or materials visitors use or employ on the behalf of the original owner, who is assumed to grant the same. It is agreed that visitors to the website will not take any action against DesignFundi for any actual or assumed infringement or misappropriation of any propriety right in communicating with the site or company.
No visitor selling or soliciting: Without written consent from DesignFundi, website visitors cannot distribute on or through this site any content that features advertising, promoting or selling of products or services, or selling of memberships or subscriptions. In interactive areas of the site, visitors are allowed to list their company information and/or recommend third party websites, products or services provided that there is no financial interest in so doing and that no direct or indirect benefits are accrued. Solicitation involving website-retrieved information is not allowed.
Violations of Terms & Conditions – Recourse Actions
DesignFundi reserves the right to investigate complaints or alleged violations of our Conditions of Use. In cases of proven or suspected violations, DesignFundi can employ action deemed appropriate, including, but not necessarily limited to, the following: prohibit access from specific internet addresses to the company website and/or affiliate websites and/or features; report alleged unlawful activity to law enforcement officials, regulators or other third parties; and present relevant information to aforementioned parties (i.e. email and/or IP addresses, posted information, traffic details, usage history, and user profiles).
(designfundi.com) has not and does not conduct pre-registration searches in respect of the client’s use and registration of his/her selected domain name/s and is therefore not obliged to either advise the domain name client about possible conflicting third party rights or take steps to ensure against possible disputes concerning a third party’s intellectual property or other rights.
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, trade name, company name, close corporation, copyright nor any intellectual property right, and that client has the right to use the domain name as requested.
(designfundi.com) shall not act as arbitrator/mediator in disputes arising from the registration and use of domain names.
(designfundi.com) cannot withhold evidence in the event that evidence is brought that a client’s domain name infringes the rights of a third party. (designfundi.com), would then be obliged to divulge information on the contact details of the infringing party if requested to do so.
The client may continue to use the domain name up until a court or any other judicial body decides the contrary.
The service provider possesses no control over the content published or information passing through the service provider’s network by its clients.
The client’s agree that the use of the service provider’s services are at their sole risk and shall take full responsibility for any files or data residing on the client’s account.
10. CONTRACT EXTENSION
If the client wishes to continue on his/her contract after 24 months has expired, he/she must furnish written notification prior to his/her term ending.
If he/she intends to upgrade his/her package deal, written notification thereof shall be given prior to the ending of their existing deal..
Any cancellation in respect of domain registration and web hosting, shall be done 60 working days prior to ceasing of service.
The cancellation will be a written request from the client and confirmation thereof shall be done by the service provider.
For our 24 month package if the client cancels prematurely the remainder of the payments must be made for the full 24 month contract.
Transfer of domain fee will be R250 to another service provider once all fee’s are paid.
In the event that any party does not adhere to the terms and conditions contained herein, the contract shall be considered void.
Each party shall have a right of recourse against the defaulting party in this regard.
While all care will be taken to secure the website and ensure it is free of malware and other problematic code, DesignFundi cannot be held liable for security compromises which are a result of problems within the CMS software or it’s associated add-ons which are beyond the control of DesignFundi.
DesignFundi cannot be held liable for poor content management or site management practices employed by registered users who log into the website. Additionally if the hosting environment is not under the control of DesignFundi we cannot be held liable for any problems caused due to inadequacies of the hosting environment.
Any code, content or other elements added to the website or hosting environment by any parties other than DesignFundi may cause a compromise of the entire system. Additionally due to the shared hosting environment certain risks exist when hosting websites on shared hosting platforms, which are beyond the control of DesignFundi.
All clients accessing the website or making changes to the hosting environment should take great care and should inform DesignFundi of any changes so as to be sure the website can be maintained in a stable and secure condition.
Open Source Software
WordPress software and its associated add-ons are free open source software developed by its developer community. The software changes regularly and at times may be vulnerable or threatened by malicious behavior. These are natural threats that cannot be completely guarded against.
Any changes or additions required not specified in the wordpress brief will be considered “additional” and will require a separate agreement and payment. DesignFundi will advise on any requested work that falls within these bounds.