1.1. Codevy (PTY) Ltd reserves the right to change or modify any of the terms and conditions contained in this Agreement.
1.2. This is an Agreement between you (The Client) and Codevy (PTY) Ltd regarding your use of Codevy (PTY) Ltd’s services, products, interactive information, communications, intellectual property and server management service, and supersedes all prior Agreements. All such usage shall be subject to the terms and conditions and policies set out in this Agreement as read with the terms and conditions applicable to the relevant product or service.
1.3. This Agreement applies to all accounts, sub-accounts, and any alternative account names associated with your principal account. The account holder is responsible for the use of each account in any way, whether used under any name or by any individual, and for ensuring full compliance with this Agreement by all users of that account.
3.1. Codevy (PTY) Ltd offers online application and signups for majority of our products and services. The Client is solely responsible for ensuring that their choice of product or service matches their requirements. Codevy (PTY) Ltd will not be liable for compensation, costs or damages resulting from incorrect selection of products or services, or resultant delays in rectifying such errors.
3.2. Codevy (PTY) Ltd reserves the right to stop offering particular Services if it deems it necessary. Codevy (PTY) Ltd will then either provide the service for the remainder of the time that has been paid for or refund the amount paid for that specific package.
4.1. Codevy (PTY) Ltd will not accept any liability or responsibility for delays, suspensions or impact to Services due to use of non-approved payment methods by Clients.
4.2. Codevy (PTY) Ltd reserves its right to change its prices at any time on reasonable notice, which will be no less than 30 days, as per the minimum term of a month to month Agreement.
4.3. Codevy (PTY) Ltd only accepts Visa/Mastercard payments for month to month services and will only accept alternative payment methods under special circumstances and only by prior arrangement at our discretion. For once-off services like Graphic and/or Web Design, EFT payments are accepted.
4.4. Non-payment of any fee by its due date, whether as a result of declined/expired cards or any other cause may result in immediate suspension of Services (which may not be limited to the particular Service in question). Codevy (PTY) Ltd retains the right to suspend any Services for non-payment, and to withhold such Services until all arrears are settled in full on any and all products and Services.
4.5. Services which have been suspended for non-payment of fees will remain suspended until payment has been made in full at which point services will be reconnected. The Client will not be credited for data or Services that would otherwise have been available to the Client during the period of suspension.
Any graphic design work (e.g. logo design, business card design, etc) will require a 100% payment before design work starts.
A 50% deposit is required before any work starts and work will only begin once payment reflects in our account. Final payment is required within 7 days upon completion of the project. Ownership of the website will only take place once full payment has been received.
Once a Client has subscribed to a Website Rental package, payment will debited from their credit card for this service monthly on the date of the original subscription.
Once a Client has subscribed to a Care Plan package, payment will debited from their credit card for this service monthly on the date of the original subscription.
Once a Client has subscribed to a Hosting package, payment will debited from their credit card for this service monthly on the date of the original subscription.
Domain renewal fees are to be paid annually on the anniversary of the domain registration. This, as with many of our services, is linked to the Client’s Visa/Mastercard that was made to make the original purchase and this card will be debited upon the renewal date.
All once-off project quotes will have an estimated project end date listed on them. In the event of any changes being requested to a project, which were not part of the original “scope”, this date may change and additional fees will apply.
12.1. Once full payment has been received by Codevy (PTY) Ltd, the Client will be deemed the owner of the custom built website and Client content, with the exception of any third-party materials and background technologies.
12.2. “Client Content” refers to all content or information (including, but not limited to, any text, music, sound, photographs, video, graphics, data, or software), in any medium, provided by the Client to Codevy (PTY) Ltd, “Third-Party Materials” refers to any content, software, or other computer programming material that is owned by an entity other than Codevy (PTY) Ltd, and licensed by Codevy (PTY) Ltd or generally available to the public, including the Client, under published licensing terms, and that Codevy (PTY) Ltd will use in the development of or to display or run a Custom Website.
12.3. The above only applies to once-off builds, as Codevy (PTY) Ltd retains ownership of all web design, features and functionality created on domain, until acquired by the Client as per the Website Rental Terms. The Client will however retain the rights to all of their own provided text and graphic content on a domain of the rented website.
13.1. Cancellation by the Client or Codevy (PTY) Ltd of a particular service will result in any data being permanently removed from Codevy (PTY) Ltd’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. Codevy (PTY) Ltd will not be liable for loss of data, or be obliged to provide any such data once the hosting contract term has expired.
13.2. Clients can request the cancellation of a service at any time by submitting a cancellation request via the option in their Client area on the Codevy Clientzone.
14.1. Codevy (PTY) Ltd will strive to ensure that registration and subsequent DNS propagation is effected in the shortest period of time. However, Codevy (PTY) Ltd cannot be held liable for any delays that may accompany the registration of domains.
14.2. Domain registration may be offered free of charge with certain products, depending on the nature and type of TLD (Top Level Domain). This offer is based on the assumption that the domain (and site content) will be hosted with Codevy (PTY) Ltd for a reasonable period.
14.3. Codevy (PTY) Ltd reserves the right to, at their discretion, charge the full domain registration fees if a service containing such a free offer is cancelled/downgraded or the domain is tranferred within 6 months of purchase.
14.4. Such fees will also need to be settled before any domain transfer can be effected with the applicable registrar.
14.5. Codevy (PTY) Ltd will not tolerate any abuse of their free registration policies. Any such abuse will result in the immediate termination of accounts concerned and any service Agreements, as well as possible further action to recover applicable costs related to said abuse from the Client.
14.6. Codevy (PTY) Ltd will register a domain for a specified period (generally one year), thereafter, the Client is solely responsible for ensuring that the domain is renewed at the end of that period, and subsequent periods, until the domain is either cancelled or transferred by the Client. This includes domains which have been set to auto-renew. Should the auto-renewal process fail, the onus will be on the Client to notify Codevy (PTY) Ltd of the failure.
14.7. Any reminders sent to the Client in relation to domain renewal from Codevy (PTY) Ltd, are merely sent as a courtesy and thus failure of a reminder to be sent will not constitute a breach of this Agreement.
15.1. Codevy (PTY) Ltd may provide SMTP mail services by default with hosting packages.
15.2. If a Client utilises internet traffic above the level agreed in the Service Order, Codevy (PTY) Ltd reserves the right to suggest suitable alternatives to the Client and/or charge for excessive traffic as it deems necessary at its sole discretion.
15.3. Codevy (PTY) Ltd reserves the right to suggest suitable alternatives to the Client for excessive web server processor usage as it deems necessary.
15.4. Codevy (PTY) Ltd reserves the right to move a website between web servers and internet backbones, both within South Africa and internationally as it deems necessary.
15.5. 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.
16.1. Codevy (PTY) Ltd guarantees 99.9% uptime on service availability to Client’s located in its hosting facilities. All computer equipment and related services are served by redundant UPS power units, with onsite backup generators.
16.2. Codevy (PTY) Ltd’s 99.9% uptime guarantee is applied in monthly terms unless otherwise specified.
16.3. The 99.9% website uptime guarantee is applicable only if the web server on which a Client’s web hosting service resides crashes or goes down at an unscheduled time. This guarantee is not valid if there is any network problem between the Client and the web server which prevents the Client from seeing the web server, for instance. If the Client’s ISP’s link to the respective data centre goes down or is faulty, but the web server that Codevy (PTY) Ltd hosts is still up, Codevy (PTY) Ltd is not responsible for the Client not being able to reach their website.
16.4. Codevy (PTY) Ltd is not responsible if any third party operated network or service experiences problems and outages (i.e. all network infrastructure and links, Client’s internet connection, firewall service managed by external parties). If the applicable web server is up and running at all times then the website will be deemed to have achieved 99.9% uptime.
16.5. The 99.9% uptime guarantee does not apply to any scheduled downtime for maintenance of any of the Codevy (PTY) Ltd web servers. If there is scheduled maintenance to be done the Client will be notified at least 24 hours in advance. The scheduled maintenance will always be done after hours (based on South African Standard Time (SAST) )and the web server downtime will be kept to a minimum.
16.6. The 99.9% uptime guarantee does not apply if Codevy (PTY) Ltd suspends the Client’s Service as allowed in terms of this Agreement or alternatively if a client’s payment account is an arrears for any reason.
16.7. The 99.9% uptime guarantee does not apply to Downtime, outage, interruption in, or unavailability of, the services arising out of, or caused by, malicious or aggressive internet activities by the Client, thereby causing attacks or counter-attacks.
16.8. If at a certain point (excluding the circumstances listed in clause 16) Codevy (PTY) Ltd cannot maintain it’s 99.9% uptime, it will credit the Client pro rata for the fees paid for the period during which the Service was unavailable.
16.9. If a Client believes their service was unavailable for a period due to a fault by Codevy (PTY) Ltd, they can submit a ticket (within that months cycle) via their Client area and the claim will be investigated, with pro rata credit being allocated if applicable. Please allow up to fourteen (14) days for the processing of any claims.
17.1. Clients are solely responsible for backing up their data and Codevy (PTY) Ltd strongly encourages all Hosting Clients to do so as frequently and completely as possible. Codevy (PTY) Ltd will not be liable for any data loss or any other losses or damages related to backups or data recovery without exception.
17.2. Codevy (PTY) Ltd may, in certain instances, offer a separate backup service in conjunction with hosting Services, and will make such backups available to Clients on request as and when they are available. However, Codevy (PTY) Ltd does not warrant or guarantee the availability, completeness or “up to date” status of such backups. Codevy (PTY) Ltd offers a website backup service at an additional fee and strongly recommends all Client to subscribe to this service in order to backup their website and/or data.
17.3. Clients are ultimately responsible for their own data, and Codevy (PTY) Ltd 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.
17.4. Codevy (PTY) Ltd 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 Codevy (PTY) Ltd by instruction from Clients or by Clients themselves. Codevy (PTY) Ltd 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.
18.1. Codevy (PTY) Ltd offers a 30 Day Money-back Guarantee on all our hosting packages. We believe in our hosting and will provide either a full return, or a partial return of money, dependant on usage.
18.1. This guarantee applies only to our hosting packages and therefore registration fees of a domain that may have been registered along with the hosting package will still apply.
19.1. Codevy (PTY) Ltd will not be liable to the Client or any third party for any loss that relates to or arises from their services or this Agreement, whether either party should have foreseen it or not.
19.2. Loss includes damages and legal or other costs. Direct damages are excluded, as are indirect, consequential or special damages, and Codevy (PTY) Ltd will not be liable whether the loss was the result of the act or omission of an Codevy (PTY) Ltd employee, breach of contract, vicarious or strict liability.
19.3. In particular, Codevy (PTY) Ltd will not be liable for loss arising from any of the following:
19.3.1. Termination of the Agreement before commencement of a service, due to technical in-feasibility;
19.3.2. The Client’s failure to take adequate security measures;
19.3.3. Any act or omission relating to the transmission of data to and from the Codevy (PTY) Ltd system, its storage on the Codevy (PTY) Ltd system or its publication using the Codevy (PTY) Ltd system to third parties, including false positives in spam filtering;
19.3.4. Any action taken by Codevy (PTY) Ltd in terms of security or suspension of service;
19.3.5. The interruption, suspension or termination of the services through no fault of the Codevy (PTY) Ltd ;
19.3.6. Loss of data (including failure in backup or disaster recovery), damaged or corrupted data or a delay or failure in transmissions; and/or
19.3.7. Client’s breach of this Agreement or other unlawful act or omission.
19.4. If Codevy (PTY) Ltd is nonetheless found to be liable for loss suffered by the Client, the total amount of Codevy (PTY) Ltd ’s liability relating to or arising from the services or this Agreement will be limited to the amount of the fees paid by the Client for the service from which the damage arose in the 3 (three) month period immediately preceding the event that caused the damage.
19.5. Nothing contained in this clause will limit the Client’s liability in respect of charges incurred for ongoing services.
19.6. If the CPA (Consumer Protection Act) is applicable to this Agreement, and any provision of this clause 19 is found by a court or tribunal with jurisdiction over Codevy (PTY) Ltd to be unfair, unreasonable or unjust, then that provision (whether it be a word, phrase or sub-clause) will be severed, and the remainder of this clause 19 will have full force and effect.
19.7. In the case of ambiguity, this clause 19 will take precedence over any expression of the parties’ intention, whether express or implied, that may be contained elsewhere in this Agreement.
Any disputes shall be resolved in Cape Town governed by and construed in accordance with the laws of the Republic of South Africa.