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LEGAL TERMS

TERMS &CONDITIONS

Please read these terms carefully before using our services

Last updated: January 2025

Introduction

This document defines the terms and conditions of our working relationship. Unless otherwise agreed to in writing by both parties, by placing an order with Keyweb (Pty) Ltd, you confirm that you are in agreement with and bound by the terms and conditions below.

Important Notice

  • Package Changes: You can easily make package changes at any point before the 23rd of a month. After this date, our billing cycle is processing, and changes will only be allowed again from the 1st of the following month.
  • Hosting Cancellations: Cancellations can be made anytime before the 23rd of a month. After this date, our billing cycle is processing, and cancellations will only be processed from the 1st of the following month. All cancellations after the 23rd will still be billed for the upcoming month.
  • Web Design Package Cancellations: A 30-day notice must be given for cancellations on all Key Combo packages. If your cancellation does not fall within this bracket, an early cancellation fee will apply.
  • Cash Payments: No cash payment options are available. EFT payments are only available for yearly accounts.
  • Late Payments: All payments are subject to a 10% late fee added on the 5th of each month.

Website Maintenance & Web Design Packages

1. Ownership / Project Copyright

  • Keyweb (Pty) Ltd reserves all rights over working source files, databases, and owns full ownership of the website and design. The CLIENT will not have access to the Control Panel, Database, or FTP unless otherwise agreed upon.
  • All domain names are legally owned by the CLIENT. All domain name registrations are subject to availability and registration rules.
  • All contracted maintenance time is limited to 1 (one) hour per month, must be used within the same month, and does not accrue or roll over to the next month.
  • The complete design remains the property of Keyweb unless otherwise specified.

2. Refund Policy

Website packages are non-refundable once initiated, as resources and time are allocated to project setup, licensing, and backend preparations.

Key Clauses to Note

Your attention is drawn to clauses rendered in bold capitals in these terms. What follows is a summary for your convenience:

  • You agree to provide Keyweb with true and correct information to provide service to you and give Keyweb permission to process your personal information.
  • You agree that these terms may change and that you will check regularly for changes on the Keyweb website.
  • You agree that abusive behavior towards Keyweb's staff or brand will not be tolerated.
  • You agree that you will ensure that you choose and are responsible for the products that suit your needs.
  • You agree that failing to pay your Keyweb account on time may lead to account termination and/or administrative fees and possible reconnection fees.
  • You agree that either you or Keyweb may cancel this contract by giving the other notice.
  • You limit Keyweb's liability and indemnify Keyweb for various acts or omissions.

Payment and Penalties

  • Keyweb only accepts Debit Order and Credit Card payments for month-to-month services.
  • Monthly debit orders will be submitted monthly in advance on or about the first Business Day of the month.
  • Unpaid Debit Orders or declined Credit Cards may result in immediate suspension of Services.
  • Keyweb may charge an Admin Fee for failed or returned payments, regardless of the method of payment.
  • Reconnection Fees may be charged for subsequent reactivation of services after suspension.
  • Interest will be charged on any amount that remains unpaid beyond the due date at 2% above the prime overdraft rate.

Client Information and Privacy

  • Keyweb will observe all privacy of information best practices, in accordance with the applicable laws of South Africa, including the Protection of Personal Information Act (POPI) of 2013.
  • The Client consents to Keyweb processing Personal Information transmitted to the Keyweb System in a way that is consistent with the Service being provided.
  • Keyweb may retain backups as a matter of course for up to one year after termination.
  • Clients signing up for services as a Primary Contact are considered "the client," and no other parties will be permitted access or authority to the Client Account.

Term and Termination

  • Keyweb operates Month-to-Month contracts. Either the Client or Keyweb may terminate the agreement by giving one calendar month's notice to the other.
  • The Client must give notice of termination to Keyweb via ClientZone. Cancellation of any Service is the Client's responsibility.
  • Either party may terminate this Agreement where there is a breach that has not been remedied within seven (7) days of receipt of written notice.
  • Keyweb may terminate this Agreement by written notice in the event of termination of its agreement with an upstream licensee.

Limitation of Liability

KEYWEB WILL NOT BE LIABLE TO THE CLIENT OR ANY THIRD PARTY IN RESPECT OF ANY AND ALL DAMAGES, LOSS, CLAIMS OR COSTS, OF WHATEVER NATURE AND INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES.

In the event that Keyweb is nonetheless held liable, the quantum of Keyweb's liability will not exceed the monthly or pro-rata fees due for the Service that occasioned the loss, in the preceding three (3) months.

Use of the Services indicates that the Client indemnifies and holds harmless Keyweb in respect of any damages, loss or costs or claims instituted against Keyweb.

Data Backup and Loss

  • You acknowledge and agree that you bear sole responsibility for adequate security, protection, and backup of your data.
  • We will not be liable for any inadvertent loss or corruption of data stored on our servers or backup systems.
  • We will make reasonable efforts to protect and back up data regularly, but we offer no guarantees regarding the loss of data.
  • The services are provided on an "as is" and "as available" basis, and your use of the services is at your own risk.

Email Delivery and Liability

  • We do not guarantee the successful delivery of any email. Factors beyond our control may result in delayed, undelivered, or bounced emails.
  • We shall not be held liable for any damages resulting from delays, non-delivery, misdelivery, or unauthorized interception of any email.
  • You are responsible for ensuring that the recipient's email address is correct and that the content complies with all applicable laws.
  • We may perform routine maintenance that could temporarily affect email delivery services.

Social Media Terms

  • You must provide 30 days' notice before canceling your social media subscription.
  • Keyweb will provide services for an initial period of 30 days, establishing your presence on agreed platforms.
  • Services include two (2) posts per week on each platform (Facebook and Instagram).
  • You authorize Keyweb to manage your social media accounts, including posting updates and responses on your behalf.
  • You retain all rights to content created by Keyweb during the subscription period.
  • Keyweb does not guarantee specific results from social media management.

Governing Law

The law of the Republic of South Africa will apply to this Agreement, its interpretation, and any matter or litigation relating to or arising from it, and the parties consent to the jurisdiction of the courts of the Republic of South Africa.

Questions About These Terms?

If you have any questions about these Terms and Conditions, please contact us:

Email: info@keyweb.co.za

WhatsApp: 081 519 6240

Address: Cape Town, South Africa

Business Hours: Mon-Thu 9AM-5PM, Fri 9AM-4PM SAST

Last updated: January 15, 2025

We reserve the right to update these terms. Changes will be posted on this page.

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.