Terms and Conditions: • HB WEB

Terms and Conditions:

HB Web (Pty) Ltd
Head Office: 29 Taft Street, Johannesburg, SA
0110400859
infornation@hb-Web -design.com

Terms and Conditions:

1. Introduction
1.1 These terms and conditions shall govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you register with our website, submit any material to our website or use any of our website services, we accept that you expressly agree to these terms and conditions.
1.5 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

2. Copyright notice
2.1 Copyright (c) 2014 HB WEB (PTY) LTD.
3.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
The terms and conditions outlined in this document indicate the rules and regulations for using or making use of HB Web ’ Services and Web site.This can be either by accessing this Web site or making use of our any services, HB Web will automatically assume you accept these terms and conditions in full. Do not continue to use HB Web if you do not accept all of the terms and conditions stated on this page.

3. Overview
a. HB Web does not allow in any way the hosting or promoting of pornographic material.
b. HB Web does not allow unsolicited email and requires opt-in list managers to include at least one single action method of unsubscribing in each email. We reserve the right to limit incoming or outgoing email at any time.
c. HB Web reserves the right to terminate your account at any time without a refund. Reasons for termination include, but are not limited to: Abuse of the machines – either intentional or due to improper coding. Committing or Promoting any type of illegal activity including fraud, mail bombing, denial of service attacks, storing and/or housing and/or linking to illegal content, including but not limited to, “warez”, “hacking”/”cracking”/”key generators”.
d. The Services to traffic in illegal drugs, gambling and/or obscene materials.
e. The Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party.
f. Additionally, HB Web reserves the right to terminate your account if at any time your site has pornography and/or nudity of any kind, including but not limited to, adult pornography, Anime, child pornography, “adult content” and/or the written word of a sexual nature.
g. Use of ad-servers, attempts to circumvent quota system owned by ‘nobody’, certain podcasting sites, use of torrent software, proxies, excessive resource usage or ‘core dumping’.
h. Attempts to circumvent any of our security policies, procedures or systems.

4. General
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this Web site and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of South Africa. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same. Cookies We employ the use of cookies. By using HB Web ’s Web site, you consent to the use of cookies in accordance with HB Web ’s privacy policy. Most of the modern day interactive Web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies. License Unless otherwise stated, HB Web and/or it’s licensors own the intellectual property rights for all material on HB Web All intellectual property rights are reserved. You may view and/or print pages from https://www.hb-Web-design.com/ for your own personal use subject to restrictions set in these terms and conditions. You must not:
a. Republish material from https://www.hb-Web-design.com/
b. Sell, rent or sub-license material from https://www.hb-Web-design.com/
c. Reproduce, duplicate or copy material from https://www.hb-Web-design.com/
d. Redistribute content from HB Web (unless content is specifically made for redistribution).

2.1. User Comments:
Certain parts of this Web site offer the opportunity for users to post and exchange opinions, information, material and data (‘Comments’) in areas of the Web site. HB Web does not screen, edit, publish or review Comments prior to their appearance on the Web site and Comments do not reflect the views or opinions of HB Web , its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws HB Web shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this Web site. HB Web reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions. You warrant and represent that: You are entitled to post the Comments on our Web site and have all necessary licenses and consents to do so;
a. The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
b. The Comments do not contain any defamatory, libellous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
c. The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
d. You hereby grant to HB Web (PTY) LTD a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
e. Hyperlinking to our Content
f. The following organizations may link to our Web site without prior written approval:
g. Government agencies;
h. Search engines;
i. News organizations;
j. Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
k. System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
l. These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
m. We may consider and approve in our sole discretion other link requests from the following types of organizations:
n. commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
o. dot.com community sites;
p. associations or other groups representing charities, including charity giving sites,
q. online directory distributors;
r. internet portals;
s. accounting, law and consulting firms whose primary clients are businesses; and
t. educational institutions and trade associations.

We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavourably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of HB Web (PTY) LTD; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization. These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party’s site. If you are among the organizations listed in paragraph 2 above and are interested in linking to our Web site, you must notify us by sending an e-mail to info@hb-Web -design.com. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response. Approved organizations may hyperlink to our Web site as follows:
I. By use of our corporate name; or
II. By use of the uniform resource locator (Web address) being linked to; or
III. By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party’s site.
IV. No use of (cname)’s logo or other artwork will be allowed for linking absent a trademark license agreement.

Iframes Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site. Content Liability We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Web site. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights. Reservation of Rights We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions. Removal of links from our Web site If you find any link on our Web site or any linked Web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you. Whilst we endeavour to ensure that the information on this Web site is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the Web site remains available or that the material on the Web site is kept up to date. Disclaimer To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our Web site and the use of this Web site (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
a. limit or exclude our or your liability for death or personal injury resulting from negligence;
b. limit or exclude our or your liability for fraud or fraudulent misrepresentation;
c. limit any of our or your liabilities in any way that is not permitted under applicable law; or
d. exclude any of our or your liabilities that may not be excluded under applicable law.
e. The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
f. ALL Services provided on this Web site AND TO OUR CLIENTS regardless if they are provided free of charge or at a fee, can and will HB Web not be held liable for any loss or damage of any nature anyone might suffer.

2.2 Service Level Agreement (SLA) for Websites Designed By HB Web
2.2.1 Overview.
This SLA is a legal binding agreement between HB Web and the client. The purpose of the SLA is to identify the basic services, and agreed upon optional services, to be provided by HB Web regarding infrastructure and project support for the client. The SLA will be in effect for a period of 12 months (1 x Fiscal Year) and renew automatically should HB Web not receive 30 days’ written cancellation notice from the client. Services Included: HB Web will provide the following strategy and planning services as they are specified in each package.
Components which will be used in data integration of the client’s Business Functions as specified in each individual product.
1. New domain Registration or Transfer. The domain will also be renewed if domain is transferred and the expiry date falls within and before new fiscal year.
2. Email Accounts as specified
3. Complete design Specified Website in PHP unless otherwise specified on invoice.
4. Hosting for 12 X Months.
5. Bi Weekly maintenance and software updates calculating to no more than 45 Minutes per month for regular Websites and up to 90 Minutes per month for E-Commerce Website. Should we spend more time due to client workload, a fee of R490 once off will be charged for that month.
6. Any other services specified on the Invoice

2.2.2 Service Performance:
Regular Maintenance: Every Tuesday & Thursday of every week. All requested changes must be emailed to Incident and Problem Management.
3. Payment Terms:
ALL SERVICES ARE PAID 100% UP FRONT AND ON AGREEMENT. Scope of Services shall be performed for the not-to-exceed amount specified below for the first 12 Months, unless otherwise specified on Proforma Invoice and agreed upon beforehand.
4. Website Hosting Annual Renewal Cost and Terms:
For the new Fiscal Year, a fee of R550.00 will be invoiced this fee must be paid by the first of the month in which your renewal takes place. Failure to do so, will result in your account being suspended and a admin fee of R149 being added to your account to clear the suspention. This fee will include the following services being delivered from HB Web:
1. Domain Renewal
2. 12 Months Hosting
3. Bi Weekly Maintenance
4. Minor changes as requested by client.