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Dynamix Creations | Terms of Service | Version 2022.1

General Terms of Service 

This Agreement is made and entered into between Dynamix Creations (Host) and the Client as indicated in registration documents.

Dynamix Creations is in the business of offering internet related services, among other things, website and email hosting, website development, search engine marketing and content creation.

Dynamix Creations agrees to provide services to the clients as set out in the quotation and scope of work, ONLY once the terms of service have been met, and continue to be met.

New and Existing Business

  1. Dynamix Creations will only act on the agreed quotation and scope of work when payment has been received and all documentation has been signed and received by Dynamix Creations.
  2. The Client authorises Dynamix Creations to administrate, host, maintain and perform other functions on their behalf.
  3. The client agrees to pay service-related fees as indicated on the invoice in full and no later than the due date. 
  4. The client agrees that unless an issue is raised in writing within 10 days of the invoice, Dynamix Creation accepts the invoice as correct and accepted by the client. Failure to make payment without raising an issue in writing will place the account in arrears and could lead to the termination of this agreement.
  5. Dynamix Creations does not give refunds.
  6. The Client agrees to comply with all laws where their services will be used and understand that Dynamix Creations are under no obligation to cover the cost of compliance. Where and when needed the Client will be informed of the work and cost involved to reach compliance. 
  7. Intellectual property for the work product remains with the client.
  8. The Client agrees that Dynamix Creations may use the Client website for the promotion of its own services.
  9. A single person, website/ business can only have a single account, multiple services can link to that account.  Where a single person or business has more than a single website or business, an account per website/ business can be opened.

 

Hosting and Payment Terms

Dynamix Creations agrees to make services available once the following terms have been met:

  1. Unless otherwise expressly indicated on Scope of Work, the website/ service shall be accessible to 3rd parties via the World Wide Web, 24h per day, except for maintenance and required updates, and except for any loss or interruption of Hosting Service due to causes outside of our control.
  2. Traffic and or storage overuse will be added to the next invoice.
  3. All services are paid for in advance and payments are applied to the oldest outstanding invoice first.
  4. Should the Client wish to move to another hosting company or cancel this agreement the client agrees to a cancellation fee of one month’s agreement as well as the payment of all rendered services invoiced or still to be invoiced. I.E If service is cancelled in January, all fees are payable till the end of February.
  5. Late Payments are classified as a payment that is received later than 10 days after the due date. Late payments are subject to a penalty fee of R75 and will be added to the next invoice.
  6. Accounts have a 14-day grace period before the account goes into default and goes into suspension. This date is calculated 14 days from the late payment date. Once an account is suspended an R140 reconnection fee is charged. Accounts need to be up to date before the suspension is lifted.
  7. Dynamix Creation does not accept any form of liability due to loss of income or any other damages should a Client website and other services become unavailable due to non-payment.
  8. Partial payments will place the entire account in default unless an arrangement is made and accepted in writing.
  9. Accounts overdue more than 60 days will be terminated without notice. Terminated accounts will be handed over for collection of outstanding fees and the Client will carry related costs, commissions, attorney fees etc and understand that an unsuccessful attempt will lead to the listing of account with South African credit agencies.

 

Search Engine Marketing

The Client understands that a number one search result can never be guaranteed. Dynamix Creations are committed to making every effort to follow the guidelines set out by Search Engines and other 3rd party providers.

Client Warranties

  1. The Client has the power and authority to enter and perform obligations under this agreement.
  2. The Client content does not and shall not contain any content, materials, advertising or services that are inaccurate or that infringe applicable law, regulation or right of the third party, including without limitation, export content or otherwise, has the right to place content on the website. 
  3. The Client warrants that Dynamix Creations reserves the right to terminate this agreement, delete all 3rd party accounts, this could include permanent loss of website and email as well as Client domain, when accounts remain in default for more than 60 days.

 

Client Restrictions

  1. The client is restricted from sending unsolicited email messages, including SPAM or advertising material to individuals who did not specifically request such material, who were previous customers or with whom does not have an existing business relationship.
  2. Engaging in harassing behaviour, whether through language, frequency or size of an email message is restricted.
  3. The use of forged email headers will result in the immediate termination of this agreement. And could in certain cases be reported to the relevant authorities. 
  4. Creating or forwarding “chain letters” or others is not allowed on our or our network partners infrastructure. 

 

Client Indemnification

  1. Client agrees to indemnify, defend, and hold harmless Host, its directors, officers, employees and agents, and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys’ fees, at trial and on appeal, to the extent that such action is based upon a claim that;
  2. If true would constitute a breach of any of Client’s representations, warranties, or agreements hereunder;
  3. Arises out of the negligence or willful misconduct of Client; non-payment of services by the client; or
  4. Any of the Client Content to be provided by Client hereunder or other material on the Website infringes or violates any rights of third parties; including, without limitation, rights of publicity, rights of privacy, patents, copyrights, trademarks, trade secrets, and/or licenses.

 

These Terms of Service remains absolute unless both parties agree to an amendment in writing.