Terms and Conditions for this site and network of sites
Terms update log
- Formatting the page
- Updated support to be on ticket system as this tracks support
- Updated support office hours 08:30 – 16:00
- Terms updated: 23 Jan, 2017:
- Removed ADSL, Fax and SMS sections.
- Invoice reminders are notices of payments due. Accounts will be suspended due to non-payment within 5 days.
- Pricing updated for 2017
- Cookie notifications updated
- Detail updated on Service Level Agreement
- Page formatting updated
General Terms and Conditions
- THIS AGREEMENT is between CHQ Book Marketing CC (“t/a JPM Digital”) and the individual/entity who is applying for Web Hosting Services, by submitting the subscription form online or completed an agreement (“CLIENT”) or made payment according to an invoice for services. THE CLIENT agrees to an on-line, paperless subscription. THE CLIENT acknowledges that all the information that is submitted online is true and correct to the best of his/her knowledge. In the event that the individual submitting the subscription form online is acting in his/her capacity as a duly authorised representative of any juristic person, then:
1.1 The individual, by submitting the subscription form online, also binds himself/herself as surety and co-principal debtor, together with the juristic person whom he or she represents, in respect of all obligations flowing from the utility of the Web Hosting Services; and
1.2 The individual hereby warrants that he/she is duly authorised to submit the subscription form and bind the juristic entity as THE CLIENT in accordance with these terms and conditions.
- THE CLIENT agrees that the act of submitting his subscription form online or by means of payment towards web services constitutes consent by THE CLIENT to these terms and conditions, or any amendment thereto, as made from time to time. Notice will be on the website. Prices and services are subject to change.
- PROVISION OF SERVICES:
JPM Digital agrees to provide Web-site hosting, related hosting, and digital services to THE CLIENT, subject to the following terms and conditions.
- CONTENT LIABILITY AND INDEMNIFICATION:
4.1. THE CLIENT acknowledges that JPM Digital does not regulate or take any responsibility for the content of THE CLIENT’s page(s) or for the security of THE CLIENT’s password(s).
4.2. THE CLIENT warrants that it has all rights necessary to lawfully submit any information or materials that it is uploading or transmitting to JPM Digital, including all intellectual property rights.
4.3. THE CLIENT agrees to indemnify JPM Digital against actions brought by a third party as a result of such material or information, or as a result of THE CLIENT’s use in any way of the systems, or information.
- CONTRACT TERMINATION:
5.1. In the event that JPM Digital at any time reasonably believes that THE CLIENT is in breach of any of the terms and conditions contained in this agreement or is using JPM Digital services in an unacceptable or illegal manner, then JPM Digital may immediately terminate this agreement without liability or suspend the account.
5.2. THE CLIENT shall be responsible for the entire amount of the most recent statement and any excess usage charges at the time of termination.
5.3. THE CLIENT may terminate this contract at any time by giving JPM Digital no less than one calendar month’s notification unless the term is agreed differently according to the service. The notice period shall start upon JPM Digital receiving a completed cancellation notice from THE CLIENT. Granting of a shorter notice period is entirely at the discretion of JPM Digital. Such written cancellation must be submitted to JPM Digital by e-mail where confirmation of email reply will be regarded as receipt.
5.4. A cancellation will only be effected upon THE CLIENT settling the outstanding account via debit order or EFT payment.
5.5. A cancellation request must include the reason for cancellation, instructions as to the disposal of the domain name if needed, and must indicate the date until which service is required.
5.6. Cancellations via e-mail must be sent to firstname.lastname@example.org. Cancellations will be confirmed on email.
5.7. A cancellation will not be accepted from any third party. The cancellation must be from THE CLIENT as on record with JPM Digital.
5.8. Any cancellation request that does not fulfil these criteria shall be handled by JPM Digital own discretion.
5.9. THE CLIENT will be notified via e-mail, sent to the e-mail address on record, as soon as the cancellation has been processed.
5.10. CLIENT’s that transfer international TLD’s (Top Level Domains) to JPM Digital will be responsible for a domain renewal fee should THE CLIENT cancel within the first year of hosting.
5.11. CLIENT’s that reinstate web site hosting or domain name hosting with JPM Digital which they previously canceled with JPM Digital, are subject to a minimum of a six (6) months minimum subscription for the web site hosting or domain name hosting with JPM Digital. Cancellations or downgrades for services on domain names is such cases will not be accepted in the first six (6) months of the reinstated service.
5.12. All services are on a minimum cancellation period of 30 days. All notices will be for a full calendar month.
5.13. Some services have pre-set terms and cancellations are according to those terms.
5,14. If a project is delayed from due to a client not providing content, information, images, wording, etc. the project will be re-scoped.
- WARRANTIES AND GUARANTEES:
6.1. JPM Digital makes no warranties or guarantees outside our scope of work, whether express or implied, for the services to be provided.
6.2. THE CLIENT agrees that JPM Digital shall not be liable for any losses or damages of any kind to THE CLIENT or the CLIENT’s Customer, including, but not limited to, those that may result from service interruption delays.
6.3. We make use of various systems and providers. Licenses from providers will be transferred. Support will be from these providers.
6.4. Our work is facilitating the process.
- BILLING POLICY:
7.1. Accounts 30 days past due may result in the cancellation of the agreement between JPM Digital and THE CLIENT and which may result in deletion of THE CLIENT’s (but not limited to) files, including email, backups, databases and domain name. Invoice will be used as a notice.
7.2. All overdue accounts shall be charged an administration fee on a monthly basis of R95.
7.4. THE CLIENT is responsible for all collection costs and attorney’s fees on any outstanding amounts.
7.5. Invoices will be issued (or re-issued) upon request.
7.6. The fee for the hosting service is payable in advance by debit order.
7.7. The yearly domain renewal fee together with an administration fee will be deducted via debit order or credit card when it becomes due.
7.8. All account enquiries must be done via email. Enquires via FAX and Telephone will not be accepted.
7.9. No account queries will be entertained after 60 days of invoice.
7.10. No account queries will be entertained once the hosting have been cancelled.
7.11. JPM Digital only accepts monthly payment via debit order. JPM Digital does not accept monthly payments via EFT or cash deposit for hosting unless arranged with management.
7.12. All transactions are paid upfront. No service will be delivered unless full payment has been made in respect of the product or service. Deposits are non refundable.
7.13. The client is responsible for all fees related to cash or inward transfer payments.
7.14. Only credit card payments will be available due to the high cost of inward transfers and the additional administration.
7.15. Cancellation more than 20 days before invoice due date: No cancellation fee. Client remains liable for any expenses incurred. Any fees already paid will be returned excluding any costs incurred.
Cancellation 20-5 days before the due date: Cancellation fee of 50% plus all other expenses incurred. Cancellation less than 5 days before the due date: Cancellation fee of 100% plus all other expenses incurred.
- PAYMENT VIA DEBIT ORDER:
8.1. THE CLIENT agrees that submission of bank account information to JPM Digital constitutes authorisation by THE CLIENT for JPM Digital to debit the specified bank account for all fees owed.THE CLIENT to JPM Digital.
8.2. The debit orders normally run on the 1st day of each month for the current month in advance. (This may vary depending on public holidays and weekends.)
8.3. The first debit order run will include all hosting fees for the first month following signature of the debit order mandate.
8.4. The debit order system closes on the 20th of each month. All account changes should reach us by the 18th of each month.
8.5. THE CLIENT is responsible for all bank fees, penalties or levies that are as a result of the use of a debit order. This includes any fees the bank may charge THE CLIENT as a result of THE CLIENT having insufficient funds at the time the debit order is presented.
8.6. JPM Digital normally runs one monthly debit order per domain name.
8.7 Debit orders that were combined into a single debit upon THE CLIENT’s request will be “un-combined” upon the combined debit being returned.
- PAYMENT VIA CREDIT CARD:
9.1. THE CLIENT agrees that submission of credit card information to JPM Digital constitutes authorisation by THE CLIENT for JPM Digital to bill the specified credit card for all fees owed by THE CLIENT to JPM Digital.
9.2. JPM Digital will debit THE CLIENT’s credit card on a monthly basis until the contract is ended. The CLIENT is responsible for all bank fees, penalties or levies that are as a result of the use of a credit card.
9.3. It is THE CLIENT’s responsibility to inform JPM Digital of any changes to THE CLIENT’s credit card number or expiry date.
9.4. Credit card transactions are normally presented on the date of set-up and on approximately the same day of each month for the remainder of the hosting period at JPM Digital.
9.5. JPM Digital normally runs one monthly transaction per domain name.
9.6. Credit Card transactions will be indicated as PayFast on your statement.
- ADMINISTRATION FEE & OTHER FEES:
10.1. JPM Digital will charge an administration fee for all declined credit card transactions, all returned debit orders and all returned cheques irrelevant of the reason for the debit order or cheque being returned or the credit card being declined.
10.2. The administration fee is currently R95 or 20% of the transaction value, whichever is the greater and is subject to change.
10.3. The administration fee is applicable per domain and not per debit order. CLIENT’s with a combined debit order will incur an administration fee for each domain included in the combined debit.
10.4. THE CLIENT will be liable for all costs and damages associated with intentionally or unintentionally allowing or facilitating a third party’s access to JPM Digital’s infrastructure, servers, software, hardware or bandwidth.
10.5. JPM Digital reserves the right to charge an administration fee on any EFT or cash deposit.
- CREDIT AND REFUNDS:
11.1. No credit or refund will be passed in any form.
11.2. No credit or refund will be passed for inactive or unused accounts.
11.3. No credit or refund will be passed should THE CLIENT transfer their domain away from JPM Digital during the cancellation notice period
11.4. No credit or refund will be passed for domain names where THE CLIENT has requested the wrong domain name to be registered.
11.5 No credit or refund will be passed for products ordered unless there are guarantees with the product or service.
11.6 Deposits are non refundable.
- SUSPENSION AND UNSUSPENSIONS OF ACCOUNTS:
12.1. THE CLIENT’s services will be suspended due to a debit order, credit card or cheque payment being returned or declined.
12.2. Invoices will be issued as intent to suspend a site (domain), or service.
12.3. JPM Digital will not be held responsible for any damages, losses or claims as a result of a site or service being suspended.
12.4. Un-suspensions may take one or more working days.
12.5. THE CLIENT is still responsible for the monthly hosting fees, service fees and any other fees while the site or service is suspended.
12.6. A site or service may be suspended for various reasons including but not limited to misuse, non-payment, outstanding payments, illegal activities and or malicious behavior.
12.7. Re-activating an account will attract an administration fee at the hourly support rate.
12.8. If an account is suspended or a service is stopped then all information relating to the service may be deleted, removed, from our systems with no warning.
- CLIENT SUPPORT:
13.1. THE CLIENT is entitled to ticket support on hosting free of charge.
13.2. THE CLIENT will be billed at JPM Digital’s standard hourly rate for all support provided due to errors in THE CLIENT’s code.
13.3. THE CLIENT will be billed at JPM Digital’s standard hourly rate for all support provided due issues not related directly to JPM Digital such as THE CLIENT’s internet access, PC set-up etc.
13.4. Telephone support is available during office hours (08:30 to 16:00 weekdays). Support tickets may be submitted 24 hours a day.
13.5 The client will also be levied an hourly rate or part thereoff for telephone support.
13.6 Call back to clients will be levied at R2 per minute or part thereof.
13.7 Support and client assistance is done via the support system. This keeps track of relevant requests.
- THE CLIENT’s DATA:
14.1. JPM Digital shall make a reasonable effort to protect and backup data for THE CLIENT on a regular basis.
14.2. JPM Digital is neither responsible nor liable for THE CLIENT’s data, files, systems, or backups.
14.3. JPM Digital makes no warranties regarding its ability to recover any lost file, regardless of how or why the file was lost.
14.4. THE CLIENT is solely responsible for their independent backup of data stored on JPM Digital’s server and network.
14.5. Hacking, cracking, defacing of websites etc, is an everyday occurrence and JPM Digital is not liable for damages THE CLIENT may suffer should THE CLIENT or JPM Digital fall victim to such an event.
14.6. JPM Digital does not backup mail.
14.7. JPM Digital will not be held responsible for the age of the data on the backup. The data’s age could vary in age from one to thirty days.
14.8. JPM Digital is not responsible for the transfer of files from an existing service provider to JPM Digital’s servers when THE CLIENT transfers hosting providers.
14.9. Any mail account (POP3 or IMAP) that has mail that has not been retrieved (downloaded) from JPM Digital’s mail servers after 40 days, will be deleted.
14.10. No new mail will be delivered to THE CLIENT’s mail-box if the size of your mail-box exceeds 20 Megabytes.
14.11. JPM Digital will remove all of THE CLIENT’s data, email accounts, zone files etc, upon any DNS update confirmation received from a registrar when a domain is transferred away from JPM Digital.
14.12. The hosted CRM solution is a licensed solution where the client uses the online CRM system. The files contain code that is the property of JPM Digital. This is licensed to be used by the client when using the CRM service. No access will be given to files on the site. The database will be provided and backups will be created via an email system and by the hosting provider. The domain remains the property of JPM Digital. If a client requires to move the system to another host, then the a new domain needs to be registered by the client for this purpose. JPM Digital will only provide a backup of the database – no files will be provided.
14.13. Website development use various systems, some are free some have fees and associated costs and licences. These system do have requirements to work effectively. Most hosting providers are able to handle these systems. Joomla and WordPress are two of the main systems used. Ensure your hosting package meets the requirements set out by the systems. Systems and extensions do require updates form time-to-time.
- DATA RECOVERY AND ADDITIONAL SERVICES:
15.1. THE CLIENT will be charged at JPM Digital’s standard hourly fee for the recovery of data or the installation of, or re-installation of components or custom components. The fee will be added to THE CLIENT’s debit order deduction or it may alternatively be paid for via credit card. JPM Digital will not guarantee that data can be retrieved form the backup copies.
- VIRUS SCANNING OF EMAIL:
16.1. JPM Digital does offer virus scanning on most of their mail servers.
16.2. JPM Digital does not offer ANY GUARANTEES as to the effectiveness of this service and will not be held liable for any damage THE CLIENT may suffer as a result of receiving a virus.
16.3. The CLIENT WILL receive virus in their mail from time to time.
16.4. Virus protection remains THE CLIENT’s responsibility.
16.5. JPM Digital reserves the right to terminate this free service.
16.6. JPM Digital will not be held liable for any losses due to a virus.
- UNSOLICITED EMAIL:
17.1. JPM Digital will make reasonable effort to block unsolicited email before it reaches THE CLIENT.
17.2. JPM Digital does not offer ANY GUARANTEES as to the effectiveness of this service.
17.3. All active email accounts will receive unsolicited email from time to time.
17.4. JPM Digital will not be held liable for “legitimate email” that may be blocked or lost as a result of the service.
17.5. JPM Digital reserves the right to terminate this service.
- DOMAIN NAMES AND DOMAIN NAME DISPUTES:
18.1. JPM Digital will not be held liable for any disputes arising out of domain name registrations or hosting on behalf of THE CLIENT.
18.2. JPM Digital will not be liable for damages in the event of a domain name not being registered or available for THE CLIENT’s use.
18.3. THE CLIENT is responsible to insure that the domain name is registered correctly at the relevant registrar.
18.4. All domain names registered by JPM Digital will be registered in THE CLIENTS name. THE CLIENT is responsible for the control of their own domain name.
18.5. JPM Digital will not be held liable for any losses or damages THE CLIENT may suffer due to a domain name being reallocated, transferred or deleted by any Domain Name Authority or NIC.
18.6. JPM Digital reserves the right to take ownership of any domain name upon cancellation by THE CLIENT should THE CLIENT not specify any action to be taken in regards to ownership or transfer of the domain name.
18.7. JPM Digital will retain the ownership of the domain name in the event of THE CLIENT’s account not being settled upon termination of the hosting agreement.
18.8. THE CLIENT is responsible for all yearly domain renewal fees and JPM Digital will not be held responsible for the payment or late payment of domain renewal fees.
18.9. THE CLIENT should cancel all services with JPM Digital at least 30 days before a domain name renewal to avoid a domain name being renewed.
18.10. JPM Digital will not refund THE CLIENT for any domain name renewal fee already paid to the relevant registrar.
18.11. THE CLIENT will be responsible for all legal costs [as between attorney and own client] incurred by JPM Digital, whether formal action is instituted or not, due to any disputes, including domain name disputes and/or claims arising out of the use or registration of the CLIENT’s domain name, or any of the other services offered by JPM Digital, from time to time.
18.12. Domain Redemption. It is important to renew your domain before it expires. Closed Redemption is a state that a domain enters once it has expired and gone through the Deletion Phase.
The process is as follows:
- The domain will expire.
- The domain will go through the Pending Suspension and Pending Deletion Phases.
- After the Pending Deletion phase is over, the domain enters the Closed Redemption Phase.
- In the Closed Redemption Phase a domain can be reinstated at the cost of the Closed Redemption Fee:
- R 290.00 for .ZA Domains
- R 750.00 for .Joburg .Capetown and .Durban
- R 5,500 (thousand) for TLDs and GTLDs, like .com .net .org .directory .farm et cetera
Closed Redemption Phase lasts at least 30 days (1 month), depending on the Registry. After 30 days (1 month) the domain will become available to the public (anyone) for re-registration.
- FREE DOMAIN NAMES AND FREE ANNUAL RENEWALS:
19.1. JPM Digital offers THE CLIENT the option of free domain registration and or free annual domain renewal on specific hosting options from time to time.
19.2. Only specific TLD’s (Top Level Domains) are available with this offer.
19.3. The domain name registration is free, but is subject to hosting with JPM Digital for a minimum period of twelve (12) months from registration.
19.4. The annual domain name renewals is free, but is subject to hosting with JPM Digital for a minimum period of twelve (12) months from renewal.
19.5. Domain parking option is excluded from this offer.
19.6. The entire balance of fees for the 12 months period following the registration or renewal become due should THE CLIENT wish to cancel their hosting within 12 months of such registration or renewal.
19.7. Any downgrade of the hosting option by A CLIENT that made use of JPM Digital’s free domain registration or renewal offer, will be limited to the smallest hosting option offering a free domain name.
- DOMAIN NAME TRANSFERS:
20.1. THE CLIENT is responsible for the transfer of their existing domain name to JPM Digital. JPM Digital will attempt to assist the CLIENT where possible.
20.2. If a transfer of a domain name (or DNS information) is not successful on the first attempt, then the onus falls on THE CLIENT to continue with the transfer process.
20.3. THE CLIENT is responsible for all costs related to such a transfer.
20.4. THE CLIENT is responsible for the hosting fee from the date of set-up on JPM Digital’s servers. JPM Digital will not refund any hosting fees should the client fail to make the necessary changes to their DNS settings or decide not to make the changes.
20.5. THE CLIENT must submit a valid cancellation of the service in the event that THE CLIENT fails to complete the domain name transfer or DNS update.
20.6. A fee will be levied for all domain transfers (away) that JPM Digital declines.
20.7. JPM Digital will not be held responsible for any delays caused by any Registrar.
20.8. The client is responsible for backups on their hosting accounts.
20.9. The client is responsible for backups when transferring a domain away from us.
- ACCOUNT ALTERATIONS:
21.1. A downgrade fee will be levied on all account downgrades.
21.2. The domain registration fee becomes payable on domains that are downgraded in the first year after registration.
21.3. No fee is normally levied on upgrades. The Set-up fee that is levied on certain hosting options is still applicable should THE CLIENT upgrade to such a hosting option.
21.4. Accounts that are signed up making use of the free domain registration or free transfer offer can not be downgraded to a hosting option that does not offer the same offer.
JPM Digital may host a server on THE CLIENTS behalf, at JPM Digital’s discretion, provided that the server conforms to the basic hardware and software requirements as defined by JPM Digital. Our current hosting is on shared servers.
22.1. Software, website, support is not included.
22.2. The installation fee and first months hosting fee is payable upon activation of the account.
22.3. No access will be allowed to the server room.
22.4. JPM Digital offers no uptime guarantee on any server in the server room and will not be held liable by any CLIENT for any damages THE CLIENT may suffer due to downtime.
22.5. JPM Digital offers no guarantee on bandwidth in the server room and will not be held liable by any CLIENT for any damages THE CLIENT may suffer due to downtime.
22.6. JPM Digital is not responsible for any equipment supplied by the CLIENT and will not be held liable for any damages the client may suffer.
22.7. Support is only available during office hours.
22.8. THE CLIENT is liable for all costs, including all utilised bandwidth.
22.9. THE CLIENT agrees to an initial minimum twelve (12) month server hosting subscription.
22.10. THE CLIENT agrees to an indefinite subscription period after the initial twelve (12) month subscription, requiring a months notice to terminate the service.
22.11. JPM Digital uses local and international hosting providers for hosting services.
22.12. If a clients code gets infected we hold the right to switch off the account to limit the impact on the network. We may also levy a fee for any removal of any content or any updates required.
22.13. An account my be stopped, deleted or suspended if the account use is excessive. Malware, SQL injections, etc. are all causes of excessive usage.
22.14. THE CLIENT agrees to update they passwords from time to time and use strong passwords.
22.15. It is THE CLIENT responsibility to keep the account clean and updated.
22.16. If THE CLIENT wants us to do a manual investigation on an account we can as a paid service.
- CONFIDENTIAL ACCOUNT INFORMATION:
THE CLIENT hereby gives JPM Digital permission and full consent to:
26.1. Perform a credit check on THE CLIENT’s credit profile with one or more of the registered Credit Bureaus when assessing THE CLIENT’s application for services.
26.2. Monitor THE CLIENT’s payment behavior by researching their profile at one or more of the Credit Bureaus.
26.3. Use new information and data obtained from Credit Bureau in respect of THE CLIENT’s future service applications.
26.4. Record the existence of THE CLIENT’s account with the Credit Bureau.
26.5. Record and transmit details of how THE CLIENT has performed, and how the account is conducted by THE CLIENT in meeting their obligations on the account.
- COMPANIES AND CLOSED CORPORATIONS:
27.1. In the event of THE CLIENT being Company or a Closed Corporation, then the directors or members do hereby bind themselves jointly and severally as surety and co-principal debtor unto and in the favour of JPM Digital for the value of the account in the name of THE CLIENT.
27.2. THE CLIENT hereby authorises JPM Digital to accept any alterations, cancellations or any other instructions relating to the service provided by JPM Digital as well as the ownership of any domain name from any company that THE CLIENT listed on application form.
- NEW SERVICE APPLICATIONS:
28.1. JPM Digital reserves the right to decline any new service application. Submission of a online application form is no guarantee of acceptance by JPM Digital. JPM Digital will not provide reasons for declining a new service application.
- AMENDMENTS TO THESE TERMS AND CONDITIONS:
29.1. These Terms and Conditions will be updated from time to time.
29.2. JPM Digital will notify THE CLIENT of any updates by presenting THE CLIENT with an alert on the JPM Digital website www.onlinesystems.co.za that describes the changes (or on the client support portal).
29.3. Those changes will go into effect immediately. THE CLIENT’s continued use of JPM Digital’s services signifies THE CLIENT’s acceptance of the changes.
29.4. These Terms and Conditions will always be available to THE CLIENT on the web site.
29.5. All objections to alterations of the Terms and Conditions should reach JPM Digital via email to email@example.com no later than ten (10) days after the notification has been posted on the JPM Digital website.
29.6. THE CLIENT is responsible for visiting JPM Digital’s website on a monthly basis, so that THE CLIENT may be made aware of any notices posted in this regards.
- LITIGATION AND ATTORNEY’S FEES:
30.1. In the event of any dispute arising out of or relating to this agreement, such dispute shall be resolved in PRETORIA, South Africa and JPM Digital shall be entitled to reasonable costs, including collection costs and attorney’s fees.
- ENTIRE AGREEMENT:
31.1. This represents the complete agreement and understanding between JPM Digital and THE CLIENT with respect to the subject matter herein. In the event that any term or provision of this agreement is held by a court to be unenforceable, then the remaining provisions shall remain in full force and effect. THE CLIENT certifies that he/she is of legal age in the country of his/her residence to enter into this agreement.
- RELAXATION OF TERMS:
32.1. No relaxation of the terms of this agreement and no indulgence which one party may grant to the other, will in any way operate as an estoppel against the former party or be deemed to be a waiver of their rights, or in any other way limit, alter, or prejudice those rights.
- DOMICILLIUM CITANDI ET EXECUTANDI (BUSINESS ADDRESS):
33.1. The client chooses the address which he/she/they submitted online to be his/her/their domicillium address.
- CONSENT TO JURISDICTION:
34.1. Each party consents to the jurisdiction of the Magistrate’s court in respect of any proceedings pursuant to this agreement but without ousting the inherent jurisdiction of the High court.
- ADDRESSES FOR SERVICE:
35.1. The client chooses the address submitted online (completed on the debit order form) to be the address where notices in relation to this agreement shall be served.
35.2. Any notice or legal process to be served on the client shall be served on them at the address submitted on acceptance of the offer which led to this agreement.
35.3. A notice which is sent by prepaid registered post in a correctly addressed envelope to the address submitted online will be deemed to have been received within ten days from the date it was posted.
35.4. A notice which is delivered by hand to a responsible person will be deemed to have been received on the day it was delivered.
35.5. The client shall be entitled to amend his address by giving seven days written notice to that effect which address shall then become the client’s domicillium address.
36.1. In the event of any legal action being taken on this agreement, the service provider shall be entitled to costs on the attorney and own client scale, including VAT and collection commission.
- GOVERNING LAW:
37.1. This agreement shall be governed by the laws of the Republic of South Africa.
38.1. The client indemnifies the service provider for any losses or damages of any kind that the client may suffer including, but not limited to, those that may result from service interruption, delays or non-delivery.
No Warranty: NO WARRANTY EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION WEBSITE ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.
Limitations of Liability: In no event shall JPM Digital be liable for any act or omission, or any event directly or indirectly resulting from any act or omission, of Third Parties (if any). IN NO EVENT SHALL JPM Digital BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, LOST PROFITS, INDIRECT OR OTHER DAMAGES, WHETHER BASED IN CONTRACT OR OTHERWISE, EVEN IF E HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. JPM Digital AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE AMOUNT RECEIVED BY JPM Digital. Client acknowledges that JPM Digital has entered into this Agreement in reliance upon the limitations of liability set forth herein and that the same is an essential basis of the bargain between the parties.
- ACCEPTANCE OF TERMS:
39.1. Use of JPM Digital services constitutes acceptance of the terms and conditions contained in this agreement and any amendments thereto.
- MONEY BACK GUARANTEES
We guarantee at least one lead in the initial 30 day cycle (person or company interested in your services) or your money back on our service fee. All money back guarantees have requirements, terms and conditions. The basic requirements on all are the full payment according to the agreement, input as required from the client and our suggestions and ideas needs to be followed and implemented.
- PRICES AND SERVICES
41.1. Prices are subject to change. Proposals are valid for 7 days only. Work done out of scope will be charged for at listed development fees on a per hour basis. All proposals are deemed as work estimates. The amount of work involved is only an estimate and may change due to various factors.
41.2. Services and product offerings may be stopped, changed, updated, removed, outsourced at any time.
- UNSOLICITED EMAILS
No unsolicated e-mails will be tolerated and immediate suspension of the CLIENT account will occur. There is a 400 hourly email limit per domain this limit is also applied towards mailman. If you send over this amount (number) in any hour most of the e-mails will bounce back with a undeliverable error.
Many of our servers have a 60 pop checks per hour limit per e-mail address. If you go over this you’re likely to get a wrong password error message saying login incorrect. Just wait an hour and it will automatically unlock you. to prevent this from happening again make sure to disable auto checking or at least set it to something higher such as 10 minutes.
Any mailing list larger than 1,000 will require a semi dedicated or dedicated hosting solution. Note: dividing one large list into smaller lists to get below this limit is not allowed.
Mailing Lists Rules
- Anytime you’re sending a message no matter how large your e-mail list is you must throttle it. We recommend you throttle it to at the very least sending 1 email every 6 seconds. If the mailing list software you’re using does not allow you to throttle you must switch to something else. We recommend phplist which can be found in your control panel under fantastico. If you do not throttle and you try sending let’s say 500 emails the server will try sending all 500 in 1 second which is not possible. This will cause the server load to go very high and for the entire server to be sluggish until this process is completed. It is our job to keep the server up and running without being sluggish. Anyone who causes the servers load to go high will be suspended and the process will be terminated. If you choose not to throttle you will most likely be suspended for crashing the server.
- Any mailing list over 900 emails is only allowed to be sent to during off-peak times to prevent high server loads. Off peak times qualify as all day Saturday and Sunday, and 1am – 8 am eastern time M-F.
- You are not allowed to mail to a mailing list you were given or purchased. This is spamming because they never agreed to you personally sending them mail. We do not care how you justify it. This is spam and will result in termination of the offending account.
- Any unsolicited e-mail being sent will result in termination of the offending account. We take a zero tolerance stance against sending of unsolicited e-mail.
- Any mailling list MUST comply with all guidelines set forth by the United States.
These can be found at: http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.htm
- No Direct SMTP mailers are allowed. An example of this is DarkMailer. Any mail should be relayed through the local MTA (localhost:25) for further delivery by the server and not done directly by scripts.
- The email list must be a Double Opt-In list. This means a user has subscribed for a newsletter or other email marketing messages by explicitly requesting it and confirming the email address to be their own. Confirmation is usually done by responding to a notification/confirmation email sent to the email address the end user specified. The double opt-in method eliminates the chance of abuse where somebody submits someone else’s email address without their knowledge and against their will. You will not be permitted to mail any mailing list that you were given or purchased. In doing so, this will also be considered spamming and may result in termination of the offending account.
- SEARCH ENGINES
Search Engines are 3rd parties and they will make changes to their system. This might impact your website. We cannot guarantee 1st place rankings or any other form of online advertising. Rankings and online marketing is an ongoing process.
Service Level Agreement (Marketing Campaigns):
The purpose of this document is to ensure mutual agreement on the elements and commitments required for consistent service support and delivery to the Customer by the Service Provider.
This agreement is valid from the signed date. The current agreement will remain in effect until it is reviewed. We recommend reviewing this agreement every 6 months to ensure that all stakeholder requirements are being met.
The Service Provider is responsible for facilitating regular reviews of this document. Contents of this document may be amended as required, provided mutual agreement is obtained from the primary stakeholders and communicated to all affected parties. The service provider will incorporate all subsequent revisions and obtain mutual agreements or approvals as required.
3. Project Scope
• The Service Scope covers all the line items in the original project quote. Any additions or changes in the deliverables defined in the service scope will be quoted on as separate addendums to the original project quote.
• In the event that the Customer requires additional line items not included in the Service Scope, these will be billed separately, subject to the Customer’s approval of the costs.
• Additional line items will be invoiced at the time of approval, as we will have to make extra resources available to finish the project within the agreed time frame.
• Any delays will impact project time lines.
4. Customer Requirements
Customer responsibilities and/or requirements in support of this agreement include:
• Payment for Service Fees as stipulated in item 7 below.
• Cooperation with the Service Provider in terms of providing relevant information and support required for the project.
• Reasonable availability of customer representative(s) to attend meetings and respond to Service Provider queries and requirements
5. Service Fees
• The monthly fee for the deliverables stipulated in the Service Scope
• Monthly fees are payable in advance.
• The Customer will be billed around the 24th for the following month’s service. Payment is required within 7 days, no later than the 1st of the following month.
• In the case of late payments, the Service Provider will put further work on hold until payment is received.
6. Cancellation of the Agreement
• The Customer may cancel the agreement with 30 days’ notice in advance of the next scheduled payment. Best results are expected over a 6 to 12 month period.
• No warranty expressed or implied, with respect to any matter, including without limitation website advertising and other services, and expressly disclaims the warranties or conditions of noninfringement, merchantability and fitness for any particular purpose.
• Every effort is made to review material before making it live. The Customer may not claim a breach, terminate or cancel this agreement if there are typographical errors, incorrect ad placements, under deliveries, omissions or errors in advertising, social media and website content. The Service Provider agrees to take corrective action within 2 business days of notification by the Customer. The Service Provider will not be liable to the Customer for any loss or damage that results from a typographical error, incorrect ad placement, under delivery, omission or error related to the products and services it provides.
• All advertising copy which represents the creative effort of the Service Provider and/or utilization of creativity, illustrations, labor, composition or material furnished by it, is and remains the property of the Customer, including all rights of copyright therein.
• Accounts are required for advertising and delivering the service. These will be for the Customer account and accepting their terms and conditions; and relevant updates.
• The Customer agrees to hold the Service Provider harmless and indemnify the Service Provider from all claims, suits, damages costs and expenses of any nature whatsoever, including attorney’s fees and court costs, for which the Service Provider may become liable by reason of its distribution or publication of Customer’s promotions or advertising, including but not limited to claims or suits alleging libel, privacy invasion, unfair competition, defamation, misuse of publicity rights, copyright infringement, dilution or trademark infringement under federal or state law, or otherwise based on the content of Customer’s promotions or advertising, including illustrations, text, claims, etc.
• We guarantee that all work performed on your digital marketing strategy and associated consultancy will be completed to the highest standards, as quoted in the service scope. Should any work be delivered below that standards that you expect, we guarantee to redo it at no cost.