These terms and conditions are legally binding
Definitions
- Forever Web refers to Forever Web, the company providing the services.
- A Client is any person or entity who accepts a Forever Web quotation for the Services we offer.
- Services encompass the products and/or services Forever Web provides to the Client as outlined in these Terms.
Important Notice
To receive Forever Web’s services, you’ll need to agree to the following terms:
- Accurate Information: To ensure a smooth experience, you’ll agree to provide truthful and up-to-date information about yourself.
- Privacy Policy: Forever Web processes your personal information according to our privacy policy, which you agree to.
- Term Changes: We reserve the right to update these terms at any time. It’s important to check back regularly for any changes.
- Overdue Payments: To maintain your account, please settle any outstanding amounts promptly. Failure to do so may result in suspension.
- Separate Services, Separate Agreements: Acceptance of terms for one service does not automatically apply to others. You’ll need to agree to the specific terms for each service you use.
- Liability and Indemnification: By using our services, you agree to limit Forever Web’s liability and indemnify us for certain acts or omissions (details outlined in the full terms).
Client Obligations
Truthfulness and Accuracy:
- To ensure a smooth working relationship, we require clients to confirm the truth and accuracy of all information provided. If necessary, Forever Web may request further information to verify any details.
Identity Verification:
- Forever Web may request verification of the primary account holder’s identity at any time. Failure to provide such verification could result in account suspension or service cancellation.
Acceptable Use:
- Forever Web’s website and services are designed for legitimate use. We reserve the right to suspend or terminate accounts that abuse the Forever Web platform in any way.
Definition of Acceptable Use:
- Forever Web has the authority to define what constitutes acceptable use of our platform.
- We reserve the right to remove any content hosted by clients that we deem illegal or offensive.
Removal of Illegal or Offensive Content:
- We reserve the right to remove any content hosted by clients that we deem illegal or offensive.
Suspension or Termination of Accounts:
- Forever Web may suspend or terminate the account of any client found using our services for illegal or offensive activities. This applies to all services we offer.
Availability of Services
Availability:
While Forever Web strives to make requested services available upon receiving your application, we acknowledge there may be unforeseen circumstances. Our highly competent technical staff provides a best-effort service, but certain factors are beyond our control. Therefore, we cannot be held liable for downtime resulting from:
- Natural disasters
- Acts of war
- Terrorist attacks
- Power outages
- Network failures
Client Responsibility:
In addition to external factors, we are also not liable for downtime caused by client actions, such as misconfiguring services or deleting/corrupting essential files.
Service Termination:
Forever Web reserves the right to terminate specific service offerings with a 30-day notice period.
Payment for Services
To ensure smooth service delivery:
- We kindly ask clients to use only approved payment methods to avoid delays, suspensions, or service disruptions.
- If your account remains unpaid after 4 days of the due date, we reserve the right to suspend services until payment is received. This helps us maintain our infrastructure and continue providing high-quality services to all clients.
Accepted Payment Options:
For your convenience, we offer a variety of payment methods:
- Credit/Debit Card
- Payfast
- Bank Transfer (EFT)
Our Banking Details (if opting for Bank Transfer):
- First National Bank (FNB)
- Account Number: 62804243707
- Branch: Westgate
- Branch Code: 250655
Termination
Termination of Service:
Forever Web uses month-to-month contracts. This means either you or Forever Web can terminate the agreement for a specific service by providing one month’s written notice to the other party. For instance, if you notify us on December 13th, termination will occur on February 1st.
How to Terminate:
You can easily terminate services through your Forever Web client zone. However, if you prefer not to use the client zone, you can send a written cancellation notice to hello@foreverweb.co.za.
Important: It’s your responsibility to ensure you follow the proper cancellation process. This includes clearly stating your desired termination date. If you make a mistake during cancellation, Forever Web is not liable for any resulting costs.
Free Services:
Forever Web reserves the right to terminate any free services offered, with a 30-day notice period.
Security
Security Measures:
We at Forever Web take your data security seriously. We’ve implemented a variety of security measures, including software, hardware, and physical safeguards, to protect your information. It’s important to remember, however, that no security system is foolproof. While we strive to prevent data breaches, we cannot guarantee their complete elimination.
Client Responsibility:
To further ensure data security, we kindly ask our clients to be vigilant. Please avoid running any suspicious software on the Forever Web platform.
Disaster Recovery:
In the unfortunate event of a software or hardware failure, we will take immediate action. Our disaster recovery procedures are comprehensive, and we will work diligently to restore your data completely. While we cannot guarantee a perfect or swift recovery every single time, we are committed to minimizing downtime and resolving the issue as quickly as possible.
Account Compromise:
Should your account be compromised, you agree to grant Forever Web full access to investigate the issue. Your cooperation is essential for resolving the situation swiftly and effectively.
Quotation
To ensure clarity on pricing, quotations remain valid for 14 calendar days starting from the date listed on the quotation.
Acknowledgement
Accepting the Forever Web Quotation signifies that you have reviewed and fully comprehend the Terms and Conditions outlined herein. By doing so, you are signifying your agreement.
Agreement
Agreement by Payment:
To accept these terms and conditions, simply pay the total quoted amount in South African Rand (ZAR) to Forever Web’s bank account details provided on the invoices.
Project Initiation:
Following confirmation of your payment, Forever Web will promptly begin work on the quoted products and/or services, adhering to the Project Specifications and timeframes outlined in the Quotation(s).
Delays Beyond Control:
Forever Web understands that delays can occur. However, we are not responsible for those outside our control, such as equipment failure, issues with Third-Party Hosting Services, or internet connection problems.
Browser Compatibility:
We strive to create websites that function optimally on current major browsers (Google Chrome, Firefox, Safari, Microsoft Edge). It is important to note, however, that backward compatibility (functionality on older or obscure devices and software) cannot be guaranteed.
Invoices
We operate on a month-to-month basis at Forever Web, so we don’t offer credit. This means we require full payment for all invoices by the due date.
Streamlined invoice process:
To simplify things, we use a client portal that automatically sends monthly invoices to your email address. These invoices detail the upcoming month’s services and the total amount due.
Automated reminders and service status:
If a payment isn’t received after the third reminder, our system will automatically suspend services. Conversely, upon receiving payment, you’ll receive a notification confirming both the payment and (if applicable) the resumption of your services.
Client portal empowers you:
The client portal is your one-stop shop! You can easily view all past and current invoices and quotes, make secure payments, and even update your account details.
Payment confirmation:
We allocate payments to your invoices once we confirm receipt. This ensures everything is clear and accounted for.
Domain Registration
Forever Web offers domain name registration and website hosting services. We register domain names on the internet and host your website on our servers. These terms and conditions outline the use and registration process for both services.
Client responsibility with transition:
In addition to our terms, you’ll also be bound by the specific terms and conditions of the chosen domain name extension (like .com or .co.za). We recommend familiarizing yourself with these additional guidelines.
Transparency about registration and fees:
We strive to register domain names and update DNS records as quickly as possible. However, delays can sometimes occur, and Forever Web cannot be held responsible for them. Please note that initial setup fees are non-refundable. Domain registration itself is a one-time fee, but renewal charges will apply at the end of the term.
Domain Transfer
We at Forever Web can effortlessly transfer your existing domain names from other hosting providers to our secure DNS and web servers. To ensure a smooth process, you’ll be asked to confirm that you have the authority to make this change. This could be because you are the registered owner of the domain (registrant) or act on their behalf. Additionally, by requesting the transfer, you agree to hold Forever Web harmless from any disputes regarding domain ownership or claims arising from the transfer.
Domain Cancellation
When a domain is cancelled, by either you or Forever Web, all data on our servers will be permanently deleted.
Hosting
Disk Space and Bandwidth:
- You receive a specific amount of disk space and bandwidth based on your chosen hosting package. Exceeding these limits incurs additional fees.
Payment:
- Hosting fees are due from domain registration, transfer to Forever Web, or website development start (if applicable).
- Payments not received within 4 days of the due date will automatically suspend your hosting service, potentially leading to website deactivation. Forever Web may waive this suspension at their discretion, but terms and conditions still apply.
Suspended Accounts:
- If non-payment suspends your account, a reactivation fee applies. This fee reflects the time spent by Forever Web staff on correcting the issue.
Data Backup and Retention:
- You are responsible for backing up your website content, email data, and any other data stored on your hosting space, unless you purchase backup services from Forever Web. Forever Web accepts no liability for data loss and cannot guarantee data recovery after the hosting contract expires.
Service Termination:
- Forever Web reserves the right to suspend or terminate your services for non-payment. Outstanding fees may also incur additional charges based on the current rate.
Cancellations:
- Hosting cancellations require written email notification by the first of the month due to the one-month notice period. All outstanding payments must be settled before termination, allowing you to transfer to another provider.
Third-Party Hosting:
- Forever Web utilizes a third-party hosting service. We cannot be held responsible for downtime or loss due to technical server faults, including hacks, errors, or outages. However, we will make every effort to resolve any downtime caused by server issues.
Website Migration:
- Upon cancellation, you are responsible for migrating your website and content to a new provider. Forever Web can manage this process for a fee based on the time spent.
Intellectual Property:
- Forever Web does not claim ownership of your intellectual property (data) hosted on our servers. You retain all ownership rights to your data. However, Forever Web owns all equipment used to store your data. Data retention does not grant ownership rights to the hardware itself.
Server Maintenance:
- Forever Web is responsible for keeping the operating system software on its servers up-to-date. This includes installing security patches and updates to protect the servers and ensure optimal performance.
Third-Party Hosting Providers:
- If you choose another hosting provider, you will need to contract directly with them. Forever Web cannot be held liable for any issues with hosting, domain renewals, or email if you are not hosted with us. Technical support will need to be directed to your new provider. While Forever Web may be able to assist with your third-party provider at our discretion, these services may be billed.
Website Design Required Documentation
To ensure a timely start and delivery of the products or services you’ve chosen (as outlined in the Terms and Conditions and Project Specifications), we need some information from you. This “Required Documentation” includes any text, product details, pictures, videos, company profiles, etc., that will be used in the project.
Client’s responsibility and consequences:
To get started, please electronically submit all Required Documentation to Forever Web. Once we receive this information, we can begin work on your project. However, if we haven’t received the Required Documentation within 45 days of the invoice date, a continuation fee of 15% of the total quote will be applied each month until the project is completed.
Copyrights
Client Responsibilities:
- Copyright Ownership: You (the Client) are responsible for verifying you hold the copyright for all materials you provide to Forever Web. To ensure a smooth project, please confirm copyright ownership before submission.
Forever Web’s Role:
- Content Liability: Forever Web, its employees, and any associated parties involved in your project cannot be held liable for copyright disputes arising from client-supplied materials.
- Copyright Infringement: If we are notified that unauthorized material has been provided, we will promptly remove the illegal content. In such cases, you (the Client) will be billed for the removal costs.
Graphic Images
To ensure successful completion of your project, please supply all graphic images intended for publication according to the specified products and/or services, unless otherwise noted in the Quotation.
Image Quality Requirements:
We require all graphic images (including artwork and logos) to be of high digital quality and in a format compatible with Forever Web’s systems. For your reference, our team can confirm the specific format requirements upon request.
Photographs
To ensure a smooth integration with our systems, please submit photographs in a high digital quality format. We recommend checking with the Forever Web team for the specific formats they accept.
Website Maintenance
What’s included?
We offer website maintenance to keep your site fresh and functioning smoothly. Here’s what we can do:
- Graphics & Animation: Need to update an image, resize a banner, or add a new animation? We’ve got you covered, as long as the overall layout stays the same.
- Website Content: Updating text, articles, contact information, product descriptions? We can add, edit, or remove content to keep your site accurate and engaging.
- Scripts & Programs: Minor script or program adjustments are included. Installation of new software or major changes exceeding 30% design alteration would fall under a redesign contract.
What do you need to do?
To ensure a smooth and efficient maintenance process, we need your collaboration:
- Website Access: Please grant Forever Web access to your website so we can make necessary changes and create new pages.
- Clear Instructions: Provide clear and detailed instructions about the information you want updated. Here’s a helpful breakdown:
- Target Page/Section: Specify the exact page or section needing changes.
- Desired Changes: Clearly outline the edits you want made.
- Media Updates: If images, videos, or other files need updating, provide them along with instructions.
Why it matters:
By providing access and clear instructions, you help us expedite the maintenance process and minimize website downtime. This keeps your site up-to-date and functioning optimally.
Customer Acknowledgements:
Please note the following:
- Maintenance Time Limits: There’s a limited time allocated for maintenance each month. Any work exceeding that timeframe will be billed hourly.
- Excluded Services: Website updates don’t include image editing, graphic design, database work, programming, or SEO.
- Search Engine Control: Forever Web has no control over search engine policies regarding website acceptance. Your site might be excluded at their discretion.
- Content Typing Fees: Additional typing fees may apply if information provided exceeds the allocated time.
- Incorrect Information: If changes are made based on your inaccurate instructions, additional time to fix them will be billed hourly.
- Unused Time: Unused maintenance time doesn’t roll over to the next month.
- Third-Party Modifications: Forever Web is not responsible for changes made by others or plugin issues arising from maintenance.
- Pre-existing Website Issues: Forever Web cannot repair websites compromised, hacked, or defaced before your maintenance package purchase.
Search Engine Optimization (SEO)
While Forever Web can’t guarantee specific search positions, we understand the importance of strong SEO. SEO is a complex and ever-evolving field with many factors influencing website ranking.
However, we can help you improve your website’s SEO performance! Forever Web offers additional services specifically designed to boost your ranking, such as:
- Keyword research: We’ll identify relevant keywords that potential customers use to find businesses like yours.
- On-page optimization: We’ll optimize your website’s content and structure to improve search engine understanding.
- Off-page optimization: We’ll build your website’s authority through strategic link building and online promotion.
These services are available for an additional fee, but they can be a worthwhile investment in driving more qualified traffic to your website.
Backups
Data Backup Responsibility:
- To ensure the safety of your valuable data, regular backups are crucial. Unless your package includes backup services, you’re responsible for backing up your data frequently and comprehensively. Forever Web strongly recommends this practice.
Data Loss Disclaimer:
- Forever Web cannot be held responsible in the event of data loss or any other losses or damages related to backups or data recovery.
Backup Disclaimer:
- It’s important to understand that Forever Web cannot guarantee the condition or fitness of any backups provided. These backups are provided “as is” and their use is entirely at your own risk and discretion, whether restored by Forever Web upon your instruction or by yourself.
Email and Spam
We offer a spam and virus filtering system to protect you from unsolicited mail and viruses. It’s important to note, however, that this system can sometimes misclassify a valid message as spam or a virus. Unfortunately, this may prevent the message from reaching your inbox. Forever Web cannot be held responsible for any data loss resulting from this filtering process.
To ensure the security of our system, Forever Web reserves the right to examine incoming and outgoing emails. This examination helps us identify spam and malicious content.
Please note that Forever Web is not responsible for configuring your email client. We provide the platform that allows you to access your emails, but any configuration needs to be handled by your IT administrator.
While Forever Web cannot configure your email client for free, we may be able to assist you with this task. However, please be aware that this time may be billed at our discretion.
Social Media Marketing
- We offer a comprehensive social media marketing package that includes:
- Creating and Managing Your Social Media Accounts: We’ll set up your accounts on the most relevant platforms and handle the day-to-day management.
- Engaging Content Creation: We’ll develop and post content that resonates with your target audience, keeping your social media channels active and engaging.
- Building Social Connections: We’ll actively engage with your followers, fostering online communities and building relationships with potential customers.
- Data-Driven Insights: We’ll track and report on your social media performance, providing valuable insights to optimize your strategy.
Payment and Service Details:
- Monthly Fee: You’ll pay Forever Web a monthly fee based on your chosen package.
- Flexible Commitment: This service operates on a month-to-month basis, offering you flexibility.
Confidentiality:
Forever Web takes client confidentiality very seriously. We’ll keep all your confidential information secure, including marketing strategies, customer lists, and financial data.
Client Responsibilities:
To ensure a successful campaign, we kindly ask that you:
- Provide Content (Optional): You can choose to provide content yourself, or we can create it for you.
- Review and Approve Content Plan: We’ll work with you to develop a content plan, and you’ll have the opportunity to review and approve it before we begin posting.
- Timely Communication: Please provide content or approve the content plan in a timely manner to maintain campaign momentum.
Termination:
This agreement can be terminated by either party with one calendar month’s written notice to the other party.
PPC Marketing
We offer comprehensive PPC marketing services to help you reach your target audience and achieve your advertising goals. These services include:
- Creating and Managing PPC Campaigns: Our team will develop targeted PPC campaigns tailored to your specific needs and budget. We’ll handle the ongoing management, ensuring your campaigns stay optimized for performance.
- Keyword Selection: We’ll conduct thorough keyword research to identify the most relevant keywords for your business. This ensures your ads reach the right people searching for your products or services.
- Budget Setting: We’ll work with you to establish a budget that aligns with your marketing goals and resources.
- Compelling Ad Copy Creation: We’ll craft compelling ad copy that grabs attention, highlights your unique selling points, and motivates users to click.
- Detailed Tracking and Reporting: You’ll receive regular reports that track your PPC campaign performance. This allows you to see the impact of your campaigns and make informed decisions for optimization.
Payment and Agreement:
- Monthly Fee: You’ll pay Forever Web a monthly fee based on the package you select. This provides predictable budgeting for your marketing efforts.
- Month-to-Month Service: We offer flexible month-to-month service, allowing you to adjust your PPC strategy as needed.
- Confidentiality: Forever Web takes client confidentiality seriously. We guarantee that all your confidential information, including marketing strategies, customer lists, and financial information, will be kept secure.
- Mutual Indemnification: The agreement includes a mutual indemnification clause. This protects both parties from losses or damages caused by a breach of the agreement.
- Termination: This is a flexible agreement. Either party can terminate the agreement with one month’s written notice.
- Client Responsibilities: To ensure efficient campaign development, we kindly ask you to provide content or approve the ad content plan in a timely manner.
WebView App
Our WebView app conversion services include:
- Converting your website: We’ll transform your website into a fully functional WebView app.
- Native feature integration: Enhance your app’s functionality by integrating features like push notifications and offline support.
Payment:
A fee will be charged based on the package you select.
Confidentiality:
Forever Web takes data security seriously. We will keep all your confidential information, including website code, customer lists, and financial information, completely secure.
Client Responsibility:
By using our services, you agree to indemnify Forever Web for any losses or damages we incur due to your violation of this agreement.
Limitation of Liability and Indemnity
We are not responsible to you or any third party for any damages, losses, claims, or costs arising from our services. This includes, but is not limited to, direct, indirect, consequential, or special damages. Regardless of the cause, this applies even if our employee’s actions or inaction caused the damage.
Our maximum liability, if any is found, will be limited to the monthly or pro-rata fees for the service that caused the loss in the preceding three (3) months. This applies in all cases, including negligence on our part.
Your Indemnification:
- By using our services, you agree to compensate us for any damages, losses, claims, or costs we may suffer due to your use of the services or your breach of the terms and conditions.
Scope of these Terms:
- These limitations on liability and indemnities apply to Forever Web, all our affiliates, as well as anyone involved with us. This includes directors, officers, employees, contractors, agents, and representatives. Additionally, it applies to any third parties whose networks connect to our platform.
Severability:
- If any part of this section is found to be invalid, it will be removed, and the remaining provisions will still be enforceable.
Ongoing Service Charges:
- Importantly, the limitations on liability do not apply to charges for ongoing services. This means you are still responsible for paying for these charges, even if they result from a breach of contract by Forever Web
If the Consumer Protection Act 68 of 2008 applies to this agreement, and a court with jurisdiction over Forever Web finds any provision in this clause unfair, unreasonable, or unjust, then that specific provision will be severed from the agreement. However, the remaining provisions of this clause will still have full force and effect.
Precedence in Case of Ambiguity:
In the event of ambiguity, this clause will take precedence over any other expression of the parties’ intention, whether express or implied, that might be found elsewhere in this agreement.
Client Responsibility for Domain Name Conflicts:
Forever Web does not conduct pre-registration searches for conflicting third-party rights before registering a domain name for a client. Consequently, the client is responsible for ensuring the chosen domain name does not infringe on existing intellectual property rights. Forever Web is not obligated to advise the client about possible conflicts or take steps to prevent disputes.
Data Disclosure and Liability:
Forever Web reserves the right to disclose pertinent information to registrars for public disclosure as required by the registrar’s terms and conditions. Fulfilling these registration conditions will not hold Forever Web liable for any claims of privacy infringement.
Client Warranties:
The client warrants that using or registering the domain name will not interfere with or infringe on the rights of any third party in any jurisdiction with respect to trademarks, service marks, tradenames, company names, close corporation names, copyrights, or any other intellectual property right. The client also warrants that they have the right to use the domain name as requested.
Forever Web’s Role in Domain Name Disputes:
- Domain Name Disputes: Forever Web cannot mediate disputes arising from domain name registration and use.
- Client Responsibility: If evidence suggests a client’s domain name infringes on a third party’s rights, Forever Web will disclose the client’s name and address to the complainant. Following this, Forever Web is no longer obligated to the client and will not participate in further communication between the parties.
- Client Rights: The client retains the right to use the registered domain name until a court or authorized body issues a contrary ruling.
Forever Web’s Liability:
- Limited Liability: Forever Web will not be held responsible for any losses, business interruptions, or damages caused by:
- A client’s domain name registration or use.
- Actions taken by Forever Web in response to domain registration service abuse.
- Scope of Limitation: This includes indirect, special, incidental, or consequential damages, such as lost profits.
General
We at Forever Web reserve the right to update these terms and conditions at any time. To ensure you’re aware of any changes, we won’t provide prior notice. These terms and conditions become legally binding as soon as they are published on our website.
