Terms and Conditions
We always do our very best to every client we come across. Since life is full of surprises and in case if something does not work out as planned, we have written down these simple terms and conditions to help both you and us. These terms and conditions have been written in good faith in the hope that it will assist both parties to know what, when and how to do if something is not quite right. The following terms do not include heavy legal jargon or lengthy paragraphs and it is intended to serve in the best interest of both parties and it also hopes to clarify certain procedures to be followed. You are kindly invited to let us know of any query you may have about your website as soon as such query comes to your attention. You will agree to these terms once you request our services. However, we may change these terms and conditions at any time without providing you prior notice.
The agreement between you and us
As you are our valued customer, it is your responsibility to provide us with the relevant information on behalf of your company. You agree to provide us with the correct and accurate details of the company you represent. You and your company are also responsible to settle all payments due to us for any work we have carried out. You agree to provide relevant information, within the time limits agreed, such as text, images and other information in the formats we require. You also agree to review any work that we have carried out for their accuracy within the time-limits we have requested.
The legal stuff
Usually, clients’ websites are online 99% of the time. But due to some unforeseen circumstances some sites may be offline in certain occasions. We will try our best to get you back online as soon as possible. However, we disclaim liability for the loss of services or any damage, including the loss of profits or any other damage whatsoever caused thereby, either to you or any third party, during these times. We have a very high level of attention to detail when we construct a website. But we are unable to guarantee that the completed website is 100% functional and error free. Therefore, we disclaim liability for any loss or damage caused to you or any third party as a result of such errors, omissions or malfunctions. We also declaim liability if we were unable finish the website before a deadline you have set, if such delay was caused due to any delay on your part. Delay by you could include, amongst other things, delayed submission of content and late approval of our initial work.
The copyright stuff
The client is required to provide the content for their website. The content that the client provides should not breach any copyrights of third parties. We hereby disclaim liability if the client breaches any copyrights of any third party. By providing us with the material to be used in your website, you guarantee us that either you own the content or have permission to use such material.
When requesting our services you agree to the prices set out in the prices page. Please note, however, that these prices are subject to change without notice. There will be an annual fee of $125 if you decide to keep your website for more than one year. This annual fee will include the cost of hosting the website and email hosting, back-end maintenance, updates and basic security. This amount will be higher depending on the specific services you have requested.
Clients are reminded to renew the website before the expiry date. We will give you four weeks in advance notice prior to the expiry. We disclaim responsibility for loss of any data in the website if the client fails to renew the site before the expiry date.
At any time, after using our services, if you fail to make all due amounts to us within the required date, and to settle all payments due, your website will go offline, and as a result, your domain name, content, data, images and other system files will be lost. Similarly, if you fail to settle all recurring payments (annual or otherwise) on or before the due date you will lose your services. Upon detecting unconfirmed payments the website is put offline by an automated process. As your website has gone offline automatically the website may incur various errors owing to the sudden shutdown. We are not responsible for such losses as it is your responsibility to ensure that the payments are made on time. Your website may be damaged after going offline and as a result data will be lost and in some cases you will have to create the website from the very beginning. Also, there will be fees to extract the old files from the server. You will have to incur all the additional costs that occurs as it is your responsibility settle all payments due on time, without delay. It is also your responsibility to make all recurring payments in time without delay. Failure to make annual or any other recurring payment on time will result in service disconnection; and an additional fee of $55 is payable if you fail to pay the full amount within seven days of the service disconnection. Therefore, we kindly remind our customers to pay all invoices on time, without delay.
Things beyond our control
The internet is a vast place that has few limits and its users vary from people who use it to do businesses, education and social media. Also there are a few who would like to cause annoyance to others by doing illegal and unlawful activities on the internet. They include, and not at all limited to, online fraudsters, scammers, hackers and spammers and many other types of criminals both human and non-human. Therefore, there is some risk associated with the internet regardless of the security measures taken.
At TD Interactives, we use the latest and most advanced security measures available to protect your website. However, due to the inherent risks associated with the internet, things can sometimes go wrong. The most common threat to a website is virus attacks. These attacks are often caused by ‘hackers’ and they have the potential to cripple the functioning of websites for days. If your website was attacked by such virus or other threat, we will do everything we can to clean your website and put site back online as soon as possible. Please note that charges for clearing virus attacks only apply if you are hosting from a different web-hosting provider. If we, TD Interactives, are the web hosting provider for your website and you have settled all due payments, we will clear all virus attacks from your website free of charge. In worst cases, if the website is beyond recovery, you may have to design a new website to replace the old one. As virus attacks are beyond our control, we will charge website rebuilding and restoration fees for our time and labour. These charges do not apply to customers who are hosting their websites with us.
The annual hosting fee is $125
The $450 small business website package does not include the hosting cost. This package assumes that the site is hosted by you. In the event that you are unable to host the website on your own, we will gladly host it on our servers. There will be an annual $125 fee for this and it includes server updates, anti-hacker defences, website security, essential back-end updates and total worry fee hosting.
After your website has been completed there may be instances where you require additional components to be installed on your website. We will install any additional components (for example, social media plugins and calendars) as long as they are within our area of work. Where some additional component or programme for your website is required, you may need to hire the services of an IT professional in order to fulfill the additional requirements. In such a case, we are happy to assist the IT professional of your choice with the following details:
- The website login details
- FTP login details
In most cases these credentials are more than adequate to to install or upload most additional components or programmes. However, we are unable to provide you with the login credential to the host server (cPanel).
It is not acceptable to use our service(s) to:
- Violate copyright or other intellectual property rights;
- Illegally store, use or distribute software; transmit threatening, obscene or offensive materials
- Engage in electronic 'stalking' or other forms of harassment such as using abusive or aggressive language
- Misrepresent or defame others
- Commit fraud
- Gain unauthorised access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the Internet
- Damage, modify or destroy the files, data, passwords, devices or resources of TD Interactives, other users or third parties
- Engage in misleading or deceptive on-line marketing practices;
- Conduct any business or activity or solicit the performance of any activity that is prohibited by law
- Make an unauthorised transmission of confidential information or material protected by trade secrets
- "Spam" or engage in "spamming" activities
- Engage obscene speech or materials, this includes, advertising, transmitting, storing, posting, displaying or otherwise making available; child pornography, offensive sexual content or materials or any other obscene speech or material
- Post or transmit defamatory, harassing, abusive or threatening language
- Create, distribute or provide information/data regarding internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing or denial of service attacks;
- Facilitating a violation of this Acceptable Use Policy
- Perform any other action through utilization of any service which we deem unsatisfactory
- Attempt to do any of the above