1. Acceptance of Terms
1.1. By accessing or using the services provided by Hashtag Creativa (Pty) Ltd (hereinafter referred to as "the Website" or "the Service"), you agree to comply with and be bound by these Terms and Conditions. If you do not agree with any part of these terms, you must not use the Service.
2. Definitions
2.1. "Business" refers to any company, organization, or entity that offers products or services and is listed on the Website.
2.2. "User " refers to any individual or entity that accesses or uses the Website.
3. Use of the Service
3.1. Users may access and use the Service for personal or commercial purposes in compliance with these terms and all applicable laws and regulations.
3.2. Users are solely responsible for their interactions with businesses listed on the Website and any transactions or agreements entered into with these businesses.
4. Business Listings
4.1. Businesses listed on the Website must provide accurate and up-to-date information about their products and services.
4.2. Businesses are responsible for updating their listings to reflect any changes in their offerings, contact information, or business status.
5. User Accounts
5.1. Users may be required to create an account to access certain features of the Service.
5.2. Users are responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account.
5.3. Users agree to notify the Website immediately of any unauthorized use of their account.
6. Privacy Policy
6.1. The Website's Privacy Policy, which is hereby incorporated by reference, governs the collection, use, and sharing of user data. Users should review the Privacy Policy to understand how their information is handled.
7. Intellectual Property
7.1. The Website and its content are protected by copyright and other intellectual property laws. Users may not copy, modify, distribute, or reproduce any part of the Website without prior written permission.
8. Disclaimer of Warranties
8.1. The Website is provided "as is" and "as available" without any warranties, express or implied.
8.2. The Website does not warrant the accuracy, completeness, reliability, or suitability of the information provided by businesses listed on the Website.
9. Limitation of Liability
9.1. The Website and its owners shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from the use of the Service.
10. Indemnification
10.1. Users agree to indemnify and hold harmless the Website and its owners from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from their use of the Service or violation of these terms.
11. Termination
11.1. The Website reserves the right to suspend or terminate user accounts or access to the Service at its discretion, with or without notice, for any reason, including a violation of these terms.
12. Governing Law
12.1. These terms shall be governed by and construed in accordance with the laws of South Africa. Users agree to submit to the exclusive jurisdiction of the South African courts.
13. Changes to Terms
13.1. The Website may revise these terms at any time without notice. Users are responsible for reviewing these terms periodically.
14. Contact Information
14.1. For questions or concerns regarding these terms and conditions, please contact us at:
Email: umarket@hashtagcreativa.co.za
Phone: 065 941 5624
Location: Jane Furse, Limpopo
Website Design Terms & Conditions
1. Preamble
1.1. Hashtag Creativa (Pty) Ltd (hereinafter referred to as "Hashtag Creativa") provides website design and related services, including but not limited to hosting services. The design and setup of the website will be referred to as a "Project," which will commence upon payment of the invoice and be completed within an agreed timeframe. All other services will be charged on a case-by-case basis. The non-refundable payment of the invoice ensures that the project takes priority and covers necessary preliminary work and resource deployment.
2. Design Credit and Marketing
2.1. The client consents to Hashtag Creativa keeping a design credit link in the website's footer as long as the website and technology provided by Hashtag Creativa are accessible on the internet. No other third-party design credit link can replace the Hashtag Creativa credit link while the website is active on the client's domain. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a fee of R1500.00 (one thousand five hundred rand) will be charged.
2.2. The Client agrees that the website created for them may be presented in Hashtag Creativa's portfolio.
3. Alteration of Terms and Conditions
3.1. Hashtag Creativa reserves the right to alter and adapt its terms and conditions as circumstances deem appropriate.
4. Search Engine Optimization
4.1. While Hashtag Creativa will apply reasonable efforts to ensure search engine optimization, it cannot be held responsible for any decline or alteration in third-party search engine optimization ratings, nor can search positions be guaranteed.
5. Client Undertaking
5.1. Acceptance of these terms and conditions means that the client will:
5.1.1. Adhere to and comply with South African and, where applicable, international legislation and regulations.
5.1.2. Take responsibility for their own users where appropriate.
5.2. Not engage in any activities that:
5.2.1. Are unlawful, incite criminal acts, interfere with the use of Hashtag Creativa's network or systems, or the network of any other provider.
5.2.2. Interfere with the use or enjoyment of services received by others.
5.2.3. Infringe on any intellectual property rights.
5.2.4. Constitute abuse, a security risk, or a violation of privacy.
5.2.5. Result in the publication of material that is threatening, offensive, harmful, obscene, discriminatory, defamatory, or constitutes hate speech.
5.2.6. Are pornographic, satanic, promote violence, or promote anti-social behavior.
6. Project Specifications and Payment
6.1. The client is responsible for the project specifications as per the offer promotion and must pay the invoice upon receipt, which is non-refundable.
6.2. Payment of the invoice will constitute acceptance of these terms and conditions.
7. Hashtag Creativa Undertaking
7.1. On the initial setup of the web design, extra charges may be levied for redesigns and additional changes at Hashtag Creativa's discretion. The client must provide all necessary information to complete the website as per the agreed-upon schedule. The performance of Hashtag Creativa to complete the project to the client’s satisfaction is subject to the cooperation of the client at all times.
7.2. Hashtag Creativa cannot be held responsible for delays outside of its control, including but not limited to equipment failure, third-party hosting services, and internet connections.
7.3. Hashtag Creativa will apply reasonable efforts to ensure that the completed project performs well in current major browsers but cannot guarantee backward compatibility.
7.4. It is the client's responsibility to run regular updates on the software provided by Hashtag Creativa. Clients must maintain updates unless they have a package set up with Hashtag Creativa and are paying a monthly retainer for after-design services.
8. Client Input & Copyright
8.1. Required documentation refers to any and all information necessary for the timely commencement and delivery of the project by Hashtag Creativa.
8.2. The client must provide all required documentation electronically to initiate work on the project.
8.3. If the client has not submitted all required documentation within the scheduled timeframe, a final notice will be sent.
8.4. The client must ensure they have the copyright for all material supplied and used.
8.5. Hashtag Creativa and its associates will not be liable for any copyright disputes.
8.6. If Hashtag Creativa is informed that material was provided by the client without the required copyright, illegal content will be removed immediately, and the client will be billed for the cost.
8.7. Hashtag Creativa does not take responsibility for any content supplied by the client without proper copyright.
8.8. The client shall supply all content wording to be published unless otherwise agreed.
8.9. The client shall supply all graphic images to be published unless otherwise agreed.
8.10. Graphic images supplied by the client must be of high digital quality and applicable format.
8.11. Photographs supplied by the client must be of high digital quality and applicable format.
9. Payment & Hosting
9.1. Hosting via Hashtag Creativa allows for allocated disk space limited to the hosting package. Disk over-usage will be charged at the appropriate rate and invoiced to the client’s account.
9.2. The hosting fee only covers the maintenance of the server; it does not cover any changes or updates to the actual website.
9.3. Monthly hosting and yearly domain fees must be paid upon receipt of the invoice.
9.4. Payments not received will automatically suspend the client’s hosting service, deactivating the client’s website and linked email accounts.
9.5. A reactivation fee will be billed to the client.
9.6. Hosting fees not received for two consecutive invoices will irrevocably terminate the linked website and associated email accounts.
9.7. Hashtag Creativa reserves the right to suspend the client’s services due to non-payment and charge fees on all arrears.
9.8. Hosting cancellations are only accepted via email to umarket@hashtagcreativa.co.za on or before the 1st of the new month.
9.9. All outstanding payments must be paid up to date before the client’s hosting services will be terminated.
9.10. The client must provide Hashtag Creativa with their Cpanel, FTP, and database details to upload onto the software.
9.11. If the client uses a third-party service provider on Hashtag Creativa’s recommendation, the client will enter into an agreement directly with that provider.
9.12. Hashtag Creativa will not be held liable for the client’s hosting services via a third-party provider.
9.13. All technical aspects of websites must be referred to the client’s third-party hosting service provider.
9.14. Hashtag Creativa will assist the client upon request with third-party hosting service providers, and the time involved may be billed to the client.
10. Project Completion
10.1. Upon design completion, the website will be activated according to the agreed-upon schedule for the client to preview and respond with amendments.
10.2. The client’s actual website will not be affected as Hashtag Creativa does all its work remotely.
10.3. To secure the allocated design position, the client must email proof of payment to Hashtag Creativa as soon as possible.
10.4. All work remains the property of Hashtag Creativa until full and final completion.
10.5. Activation of the client’s website is conditional on these Terms & Conditions.
10.6. The completion date of a project is set out in the agreed-upon schedule.
10.7. The client must report any faults or request minor alterations within the agreed-upon schedule.
10.8. If Hashtag Creativa does not receive a reply within the agreed-upon schedule, the client’s website is considered finalized.
10.9. The client must complete the transition of the completed website from the development server to their server or a third-party server.
10.10. Additional work requested after the completion date will be billed as a new project.
10.11. Hashtag Creativa may suggest additional work to enhance the client’s website functionality and appearance.
10.12. The client may request access to their website’s Content Management System (CMS). Upon compliance, the client indemnifies Hashtag Creativa from any changes made by the client or third parties.
10.13. A restoration fee will be billed for websites that have not been canceled.
10.14. Hashtag Creativa commits to respond to any technical error resulting from their services within the agreed timeframe.
10.15. Hashtag Creativa is not liable for products and/or services of clients upon instructions not formally given.
11. Administration
11.1. Hashtag Creativa is not a credit service provider and does not grant any credit facilities.
11.2. All invoices are billed to the client’s account and emailed in accordance with these Terms and Conditions.
11.3. Queries will be responded to free of charge for confirmed clients.
11.4. Failure to comply with these Terms and Conditions regarding payments will result in legal action.
11.5. All legal costs resulting from non-payment will be accrued to the client’s outstanding balance.
11.6. Should the client cancel the project at any time, all fees up to that point will be calculated.
11.7. Hosting and domain fees are non-refundable.
12. Breach
12.1. Hashtag Creativa reserves the right to cancel this Agreement should the client breach any of the Terms and Conditions.
13. Security
13.1. Hashtag Creativa will not be held liable for any viruses, hacking, malicious content, or security breaches pertaining to any third-party applications or the client’s website.
13.2. Hashtag Creativa may suspend a domain should any viruses or malicious content be exposed.
Web & Email Hosting Terms & Conditions
1. Acceptance of Terms
By accessing and using our hosting services, you accept these Terms and Conditions. If you do not agree with any part of these terms, you must not use our services.
2. Services Provided
Hashtag Creativa offers web hosting services, including shared hosting, domain registration, and additional services as detailed on our website.
3. Account Responsibilities
You must provide accurate and complete information when creating an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
4. Acceptable Use Policy
You agree not to use our services for any unlawful purposes, including but not limited to:
- Engaging in spam or other malicious activities.
- Hosting content that is abusive, obscene, defamatory, or infringes on the rights of any third party.
5. Data Backup and Security
While Hashtag Creativa performs regular backups, we recommend that clients maintain their own backups, as we cannot guarantee the restoration of lost data. We implement the latest security measures to protect our clients' data and websites from unauthorized access and cyber threats. However, in the event of a website compromise or data loss, we are not liable for any losses incurred.
6. Uptime Guarantee
We strive to provide a 99.9% uptime guarantee; however, we cannot be held liable for any interruptions caused by factors beyond our control.
7. Payment Terms
All fees for services are due in advance and must be paid in accordance with the agreed payment schedule. We reserve the right to suspend or terminate your account for non-payment.
8. Limitation of Liability
To the fullest extent permitted by law, Hashtag Creativa shall not be liable for any direct, indirect, incidental, or consequential damages arising from your use or inability to use our services.
9. Indemnification
You agree to indemnify and hold harmless Hashtag Creativa, its affiliates, and employees from any claims, losses, liabilities, damages, or expenses arising from your use of our services or violation of these Terms and Conditions.
10. Modifications to Terms
Hashtag Creativa reserves the right to modify these Terms and Conditions at any time. We will notify you of any significant changes via email or through a notice on our website.
11. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of South Africa.
12. Contact Information
For any questions regarding these Terms and Conditions, please contact us at:
Email: umarket@hashtagcreativa.co.za
Phone: 065 941 5624
Location: Jane Furse, Limpopo
