Dynamix Creations

terms of service

dNCT Terms of Service

Version 2020.1.2 | Last revision 27 August 2020

General terms of Service

This Agreement (this “Agreement”) is made and entered into by and between dNCT (the “Host”), and The Client as per quotation (“Client”) (each being referred to individually as a “Party” and collectively as the “Parties”).

dNCT is in the business offering internets services relating to, among other things, hosting of websites on the on the World Wide Web and dNCT agrees to provide services to the client as set out in the signed quotation, only once the terms and conditions has been met.

New and existing Business

  1. dNCT will only act on agreed quotation when payment has been received into the host’s bank account as per quotation and all documents are signed as per request.
  2. dNCT are authorised by client to administrate and host website and or to perform other services on their behalf as indicated of scope of work.
  3. Clients making use of dNCT hosting service agrees to pay such fees as indicated on invoice.
  4. dNCT does not give refunds.
  5. Client agrees to apply with all local laws where their services will be used and understand that dNCT cannot offer service to clients whose website are not in compliance with said laws. Compliancy fees might apply regarding website updates or other requirements and will be communicated as needed.
  6. Intellectual property of work done becomes the property of the client on completion of project.
  7. Clients agrees that dNCT may use client website and any other publicly available information for marketing of its own services.

Hosting & Other Services Provided

a. When client choose to make use of dNCT for the hosting of client’s website on the World Wide Web, dNCT agrees to make such website available under the following terms:
b. Unless otherwise expressly indicated on SERVICES TO BE PROVIDED hereto, the Website/ service  shall be accessible to third Parties via the World Wide Web portion of the Internet twenty-four (24) hours a day, seven (7) days a week, except for scheduled maintenance and required updates, and except for any loss or interruption of Hosting Services due to causes beyond the control of Host or which are not reasonably foreseeable by Host, including, but not limited to, interruption or failure of telecommunication or digital transmission links and Internet slow-downs, failures or when the network is under attack.
c. Traffic and server use over the allowed package inclusive, will be added to client’s invoice if applicable.
d. Services are payable in advance, and payment should be received before the first working day of the month.
e. Should a client wish to move to another hosting company or cancel the agreement the client agrees to a cancelation fee of one month’s agreement as well as the payment of any outstanding fees already invoiced.
f. Suspended accounts carries a R140 reconnection fee.
g. dNCT does not accept any liability due to loss of income or any other losses or damages should the client website become unavailable due to network interruption or due to suspension due to non-payment.
h. Late Payments of hosting will carry a charge of R85.00 for the first and then R140.00 per late payment in a 12-month cycle.
i. Accounts overdue more than 90 Days will be handed over for collection, and the client will carry related costs, commissions, attorney fees etc and said account will be listed with the credit agencies.

Fees and Taxes

a. The Client shall pay dNCT all fees for any services requested by the client in accordance with the applicable fee schedule. The client understands that dNCT has the right to change such fees at any time and without notice. Hosting and maintenance fees are subject to a price increase on an annual basis or when cost related to said services change.
b. All invoices are payable on issue, unless stated otherwise.

Search Engine Optimization and Google AdWords Campaigns

a. The clients understand that a number one search result can never be guaranteed but that every effort would be made my dNCT to follow the guidelines set out by Google to get the best possible search result. (if product has been selected)

Client Warranties

a. Client has the power and authority to enter into and perform its obligations under this agreement.
b. Client content does not and shall not contain any content, materials, advertising or services that are inaccurate or that infringe on or violate any applicable law, regulation or right of a third party, including without limitation, export content or otherwise has the right to place content on the website.
c. The client warrants that dNCT reserves the right to withhold the domain and have the right to cancel and delete all accounts with outstanding fees older than 90 days.

Client Restrictions

a. Client represents and warrants that it shall not use the Website, or the Services provided to Client to:
b. Send unsolicited mail messages, including the sending of “junk mail/ SPAM” or other advertising material to individuals who did not specifically request such material, who were not previous customers of CLIENT or with whom CLIENT does not have an existing business relationship;
c. Engage in harassing behaviour, whether through language, frequency, or size of email message.
d. Solicit mail for any other e-mail address other than that of the Client’s account with the intent to harass or to collect replies;
e. Use without authorization or forge e-mail header information.
f. Create or forwarding “chain letters” or other “pyramid schemes” of any type; and/or
g. Use unsolicited e-mail originating from within Host’s network or the networks of another Internet Service Providers

Indemnification Client

a. 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;
b. If true, would constitute a breach of any of Client’s representations, warranties, or agreements here under;
c. Arises out of the negligence or wilful misconduct of Client; or
d. 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