Client Service Agreement
popWeb is a full service website provider that offers the following package elements referred to in this document:
- Domain registration
- Website creation and content management
- Duration of contract
- Upon sign-up the client agrees to an initial contract of twelve (12) months.
- At the conclusion of the initial 12 months, the contract reverts to a month-to-month agreement until cancelled by either party. At this time, the client may opt for a visual and structural upgrade.
- It is the client’s responsibility to ensure that all personal contact information is accurate and up to date and to notify popWeb immediately should any contact details change.
- The client’s domain is registered and renewed annually whilst remaining a popWeb client. Should the client cancel their agreement with popWeb, they must nominate a new domain administrator and pay any costs associated with the transfer of the domain.
Billing and Payment
- After sign-up, popWeb will invoice the client for the setup fee as published on the website. Regular monthly billing will commence at the end of the following calendar month.
- Invoicing is monthly in advance via debit order.
- popWeb may temporarily deny service or terminate this agreement upon failure of the client to pay charges when due. Such termination or denial does not relieve the client of responsibility for payment of all accrued charges plus interest, and any collection fees.
- If payment is not received by the 7th of the month, then technical support will be suspended. After a further 8 days (15th of the month) the website and email will be suspended unless payment is received.
- If no payment is received by the end of that month, the website and email, including contents will be deleted from the server.
- popWeb reserves the right to amend the monthly fee and will give thirty (30) days notice of said amendment. Pricing for the first 12 months is fixed.
Ownership of Copyright and Intellectual Property
- The design and layout of popWeb templates remain the property of popWeb in perpetuity and does not transfer to the client.
- Website content (text, images, video, audio, etc) is the property of the client. popWeb shall not be held liable for any non-original or inappropriate content posted by the client.
- Initial content submission must be supplied to popWeb via email before the 20th of the next calendar month following the date of sign up.
- Website formats and parameters are in accordance with details as published on the popWeb website.
- Shared disk space and bandwidth is allocated as per available server resources. popWeb will use reasonable discretion to determine when a particular website has exceeded their quota of bandwidth and/or disk space. Should a popWeb client require large amounts of disk space and/or bandwidth, popWeb reserves the right to levy an additional charge. popWeb will notify the client in advance should such a charge become necessary.
- A content update is limited to additions or amendments to text and images as detailed in the FAQ page on the popWeb website. Content updates exclude wholesale design or structure changes to the client’s website.
- Notification of a content update should be emailed to support[at]popweb.co.za. Updates will be completed within 5 working days.
- Should a content update be required for a specific date, the client should stipulate the deadline and supply content 5 days prior to the deadline.
- popWeb will never distribute a client’s name, contact details or other personal information to any third parties.
- PopWeb provides technical support, limited to popWeb’s area of expertise. This includes web pages, hosting, email hosting, email account settings, web trends and best practice. popWeb may also advise on social media, mass mailings and blogs.
- PopWeb support does NOT include clients’ internet connectivity, desktop support, email software support, email account setup, lost data, and general computing queries.
Cancellation of Service
- Notification of cancellation of any service or part thereof is to be sent to email@example.com with a required notice period of thirty (30) days.
- Should a client cancel their popWeb service within the initial 12 month period, they are liable for the outstanding balance for the remaining months.
- On the date of termination all data included web pages and email will be deleted from the server.
- All payments are non-refundable. These included set up fees and subsequent charges regardless of usage.
- Billing disputes need to be communicated within 60 days.
- PopWeb disclaims all responsibility or liability for any damages, including but not limited to direct, economic, consequential loss or loss of profits, even if popWeb has been advised of the possibility of such damages, resulting from: (i) the use or the inability to use the service;(ii) the cost of procurement of substitute services or other matters relating to the service.
- Clients agree to indemnify and hold harmless popWeb, its officers, employees, ISPs, subcontractors, partners, agents, and affiliates or other partners, from any demand, action or application or other proceedings, including for attorney’s fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the user’s use of the popWeb service, third party websites or any of the services offered through such sites in any way, including but not limited to the provision of content.
- Clients specifically agree to indemnify and hold harmless popWeb, its officers, employees, ISPs, subcontractors, partners, agents, and affiliates or other partners, from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of content supplied by the client, made available or transmitted through the popWeb service.
- PopWeb has selected a reputable hosting company. However, the client acknowledges that the hosting service is of such a nature that the service can be interrupted from time to time for many reasons beyond the control of popWeb. Therefore the client agrees that popWeb cannot be held liable for any damages arising from interruption of their web service.
Acceptable Use & Content
- The client is responsible for the style and nature of hosted content including obtaining legal permission for any works they include and ensuring that the contents of these pages do not violate any law, local or international.
- PopWeb reserves the right to deny or remove content that popWeb, in its sole discretion, determines to be unlawful, indecent or objectionable, including but not limited to hate speech, incitement to violence, illegal activities, harm to minors, threats, harassment, fraudulent activity, forgery or impersonation, unsolicited commercial email, copyright or trademark infringement, harmful code and distribution of viruses.
- Data stored on the hosting servers is not guaranteed to be backed up. It is recommended that clients keep independent copies of all information, images, etc.
- popWeb accepts no responsibility for any loss of data however incurred.