Terms and Conditions

Legal Agreement

These Terms and Conditions (the “Terms”) govern the relationship between Forever Web and any Client(s) who have duly accepted a Forever Web quotation for any services (the “Services”). By accepting a Forever Web quotation, the Client agrees to be bound by these Terms.

These terms and conditions are legally binding

Definitions

  • “Forever Web” means Forever Web the company.
  • “Client” means the person or entity who has accepted a Forever Web quotation for the Services.
  • “Services” means the products and/or services provided by Forever Web to the Client under these Terms.

Important Notice

By using Forever Web’s services, you agree to the following terms:

  • You agree to provide Forever Web with true and accurate information about yourself in order to receive services.
  • You agree that Forever Web may process your personal information in accordance with its privacy policy.
  • You agree that Forever Web may change these terms at any time, and you are responsible for checking for changes regularly.
  • You agree that if you fail to settle amounts outstanding on your Forever Web account, your account may be suspended.
  • You agree that acceptance of terms for one service does not apply to other services.
  • You agree to limit Forever Web’s liability and indemnify Forever Web for various acts or omissions.

Client Obligations

  • Truthfulness and Accuracy: The client confirms that all information provided to Forever Web is true and correct. Forever Web reserves the right to request further information to validate any given information.
  • Identity Verification: Forever Web reserves the right to request verification of the identity of the primary account holder at any time. Failure to produce such verification may result in account suspension or cancellation of services.
  • Acceptable Use: Forever Web’s website and provided services have been developed to be used within the bounds of acceptable use. Forever Web reserves the right to suspend or terminate any accounts which abuse the Forever Web platform in any way.
  • Definition of Acceptable Use: Forever Web reserves the right to define what is considered acceptable use of the Forever Web platform.
  • Removal of Illegal or Offensive Content: Forever Web reserves the right to remove any content hosted by clients which it considers illegal or offensive.
  • Suspension or Termination of Accounts: Forever Web reserves the right to suspend or terminate the account of any client found to be using Forever Web’s services to conduct any illegal or offensive practices. This is applicable to all services provided by Forever Web.

Availability of Services

Forever Web cannot guarantee that requested services will be available upon receipt of the application. We provide a best effort service managed by highly competent technical staff, but we cannot control all factors that may affect the availability of our services. As such, we are not liable for any downtime of services resulting from matters outside of our control, such as:

  • Natural disasters
  • Acts of war
  • Terrorist attacks
  • Power outages
  • Network failures

We are also not liable for downtime encountered as a result of misconfiguration of services by the client, and/or deletion or corruption of files necessary for the correct functioning of these services by the client.

Forever Web reserves the right to terminate a particular service offering after a 30-day notice period.

Payment for Services

Forever Web will not accept any liability or responsibility for:

  • Delays, suspensions, or impact to services due to the use of non-approved payment methods by clients.
  • Any downtime encountered as a result of service suspension/termination due to unpaid accounts.

Forever Web reserves the right to suspend services for which there are outstanding fees 4 days past the payment due date for these services.

Accepted payment methods include:

  • Credit/Debit Card
  • Payfast
  • Bank Transfer (EFT)

Forever Web Banking Details

First National Bank (FNB)
Account NR 62804243707
Branch Westgate
Branch Code 250655

Termination

Forever Web operates month-to-month contracts. Either the client or Forever Web may terminate the agreement, of a particular Service, by giving one calendar month’s notice to the other. For example if notice is given on the 13th of December, termination will take effect on the 1st of February.

The client is able to terminate services through the Forever Web client zone. Should the client not want to terminate services via the client area, written notice of service cancellation is required to be sent to hello@foreverweb.co.za. The client is responsible for ensuring that such cancellation of service is actioned with due attention to terms of cancellation, as well as cancellation conditions which require the client to specifically indicate a required process. Should the client incorrectly complete the cancellation process, Forever Web will not be liable for any additional costs or compensation due to the error.

Forever Web reserves the right to terminate any free services offered after a 30 day notice period.

Security

Forever Web has implemented a variety of security measures to protect your data, including software, hardware, and physical security measures. However, no security system is perfect, and Forever Web cannot guarantee that your data will never be breached.

Clients are responsible for taking care to ensure that no malicious software is executed on the Forever Web platform.

In the unlikely event of a disaster (software or hardware), Forever Web will take all necessary measures to ensure that disaster recovery procedures are followed completely. However, Forever Web cannot guarantee that this recovery will be successful or completed within any given time period.

If your account is compromised, you consent to give Forever Web full permission to your account for investigation.

Quotation

Validity: Quotations are valid for 14 calendar days from the date on the quotation.

Acknowledgement

By accepting the Forever Web Quotation, the Client acknowledges that they have read, understood, and agree to the Terms and Conditions set forth herein.

Agreement

The Client agrees to the following terms and conditions by paying the total quoted South African Rand (ZAR) value to Forever Web’s stipulated bank account details as provided on the Invoices:

  • Products and/or services will only commence once the Client’s payment has been confirmed as received by Forever Web.
  • Forever Web will work expeditiously to complete the quoted products and/or services within the Project Specifications and time-frames indicated as per the Quotation(s).
  • Forever Web is not responsible for delays outside of their control, including but not limited to equipment failure, Third Party Hosting Services, and internet connections.
  • Forever Web endeavors to make websites that perform well in up to date, current major browsers (Google Chrome, Firefox, Safari, Microsoft Edge), but cannot guarantee backward compatibility (i.e. functionality on older or obscure devices and software).

Invoices 

Forever Web is a month-to-month service provider and does not offer credit. This means that all invoices must be paid in full by the due date. 

Forever Web uses a client portal that issues invoices monthly. Invoices are sent to the client’s email address. They show the services that are provided for the upcoming month and the amount due.The system will send three invoice payment reminders, if no payment is received after the 3rd Notice, services are suspended. If payments are received clients will receive a payment notification and if services are unsuspended a notification will also be sent.

On the client portal clients can view all past and current invoices and quotes, make payments, and update details.

Payments made by the client are allocated to invoices upon Forever Web’s confirmation of receipt.

Domain Registration

Forever Web registers domain names on the Internet and hosts websites on its servers on behalf of its clients. These terms and conditions apply to the use and registration of domain names and the web hosting services offered by Forever Web.

The client will be bound by the terms and conditions of the relevant domain name space, such as .com or .co.za, under which any domain name registered on their behalf falls. The client should become familiar with these terms and conditions.

Forever Web will strive to register domain names and propagate DNS records in the shortest possible time. However, Forever Web cannot be held liable for any delays in domain registration. Initial setup fees are non-refundable. Domain name registration fees are a one-time payment, but there are renewal charges.

Domain Transfer

Forever Web can transfer existing domain names from other hosting providers to its DNS and web servers. When requesting a transfer, the client agrees that they have the authority to do so, either as the domain registrant or as an agent of the registrant. The client also agrees to indemnify Forever Web from any disputes regarding ownership of the domain and any claims as a result of the transfer.

Domain Cancellation

If a domain is cancelled, whether by the client or Forever Web, all data on the Forever Web servers will be permanently deleted. 

Hosting

When you host your website with Forever Web, you will be allocated a specific amount of disk space and bandwidth. This amount will vary depending on the hosting package you choose. If you exceed your allotted disk space or bandwidth, you will be charged an additional fee.

Hosting fees are payable from the date that your domain is registered, transferred to Forever Web hosting, and from the start of website development by Forever Web, if applicable.

Payments not received within 4 days after due date, will automatically suspend your hosting service, which could lead to your website being deactivated. Forever Web may waive this at its sole discretion, but this does not waive any of its rights under the terms and conditions.

If your hosting account is suspended due to non-payment, you will be charged a reactivation fee. The amount of the fee will be based on the time spent by Forever Web staff in correcting the suspended account.

If hosting fees are not received for three consecutive months, the website will be permanently deleted from Forever Web’s servers. The client’s domain registration will remain active for the remainder of the year, but any software, design, or development work associated with the domain will not be recoverable after reactivation.

Clients are responsible for backing up their web content, email data, and any other data stored on their hosting space unless backup services are provided by Forever Web. Forever Web is not liable for any loss of data, and will not be obliged to provide any data once the hosting contract has expired.

Forever Web reserves the right to suspend or terminate your services if you do not pay your hosting fees. We may also charge you a fee for any outstanding payments. The amount of the fee will be based on the current rate at the time of payment..

Hosting cancellations must be submitted in writing by email to us by the first day of the new month. This is because there is a one-month notice period for cancellations. All outstanding payments must be paid in full before your hosting services with Forever Web will be terminated, which will allow you to transfer to a third-party hosting provider.

Forever Web uses a third-party hosting service, we cannot be held liable for downtime or loss due to technical faults from the servers. This includes hacks, technical errors, and electricity outages. However, if there is any website downtime due to technical faults from the servers, we will do everything we can to resolve the situation. 

If your hosting is cancelled, you will be responsible for migrating or transferring your website and all of its content to a new hosting provider. If you would prefer for Forever Web to manage this process, we can do so, but we will bill you for the time spent.

Forever Web does not claim ownership of the intellectual property (such as data) of clients hosted on their servers. This means that the client retains all ownership rights to their data, even if it is stored on Forever Web’s servers. However, all equipment owned by Forever Web remains the property of Forever Web. This means that the client does not own any of the hardware that is used to store their data. The retention of data on Forever Web’s servers does not give the client any ownership rights to the hardware. This means that the client cannot claim ownership of the hardware simply because they have data stored on it.

Forever Web is responsible for keeping the operating system software on its servers up to date. This means that Forever Web will install any new security patches or updates that are released for the operating system software. This helps to protect the servers from security vulnerabilities and ensure that they are running as efficiently as possible.

If you choose to use a third-party hosting provider, you will need to enter into an agreement directly with that provider. Forever Web will not be liable for any problems that you experience with your hosting, domain renewals, or email if you are not hosted with Forever Web. You will need to contact your third-party hosting provider for any technical support. Forever Web may be able to assist you with your third-party hosting provider, but this time may be billed to you at our discretion.

Website Design Required Documentation

Required documentation is any and all information necessary for the timely commencement and delivery of products and/or services as described in these Terms and Conditions and indicated by the Project Specifications. This includes all material such as text copy, product details, pictures, videos, company profiles, etc.

The Client is responsible for providing all Required Documentation electronically to Forever Web in order to initiate work on the quoted products and/or services. If the Client does not provide the Required Documentation within 45 calendar days of the Invoice date, an additional continuation fee of 15% of the total Quotation(s) will be billed for each month until the quoted products and/or services are completed.

Copyrights

The Client is responsible for ensuring that they have the copyright for all material supplied to Forever Web. Forever Web, its employees, independent contractors, affiliates, agents, agencies, and any associates involved in a Client’s products and/or services will not be liable or held responsible for any copyright disputes.

If Forever Web is informed that material was provided without the required copyright, illegal content will be removed immediately and the Client will be billed for the cost of removal. Forever Web does not take any responsibility for any and all content supplied by the Client without proper copyright.

Graphic Images

Unless otherwise specified in the Quotation, the Client is responsible for supplying all graphic images to be published in accordance with the specified products and/or services.

Graphic images (including but not limited to artwork and logos) supplied by the Client must be of high digital quality and in a format that is compatible with Forever Web’s systems. The specific format requirements can be confirmed with the Forever Web team.

Photographs

Photographs supplied by the Client must be of high digital quality and in a format that is compatible with Forever Web’s systems. The specific format requirements can be confirmed with the Forever Web team.

Website Maintenance

What is included in the Website Maintenance?

The following are included in the website maintenance:

  • Graphics & Animation Updates: We can add, edit, or resize any pictures or animations on your website, as long as they do not change the overall layout or design of your website.
  • Website Content Updates: We can add, edit, or remove any text or copy on your website, including articles, reports, contact information, and product or service descriptions.
  • Script / Program Updates: We can add, edit, remove, or install any scripts, programs, or software on your website, as long as they do not change the overall design or look of your website by more than 30%. If the changes will change the overall design or look of your website by more than 30%, then this would fall under the scope of a new or redesign contract.

Customer Responsibilities

As part of this service, you agree to:

  • Provide Forever Web with access to your website so that we can create new pages and make changes as needed.
  • Provide Forever Web with clear and concise instructions about the information that you need changed or added.

What does this mean?

  • You will need to provide Forever Web with your website’s login information so that they can access your website.
  • You will need to provide Forever Web with a list of the changes that you need made to your website. This list should be as detailed as possible, and it should include the following information:
    • The page or section of the website that needs to be changed.
    • The specific changes that need to be made.
    • Any images, videos, or other files that need to be added or updated.

Why is this important?

By providing Forever Web with access to your website and clear instructions about the changes that you need made, you can help to ensure that the maintenance process is smooth and efficient. This will help to minimize any downtime for your website and ensure that your website remains up-to-date and accurate.

Customer Acknowledgements

As part of this service, you understand, acknowledge, and agree that:

  • The amount of time that is allocated for maintenance each month is limited.
  • Any work that exceeds the allocated time will be billed to you at an hourly rate.
  • Website updates do not include image editing, graphic design, graphic editing, database design, database changes, programming, or search engine optimization.
  • Forever Web has no control over the policies of search engines or directories with respect to the type of sites and/or content that they accept now or in the future. Your website may be excluded from any search engine or directory at any time at the sole discretion of the search engine or directory entity.
  • Additional fees may be charged if the information that you provide has to be typed and exceeds the allocated time.
  • If Forever Web makes changes to your website according to your information, and the changes are not correct, the additional time to remedy the changes will be charged to you at an hourly rate.
  • Unused time does not roll over from month to month.
  • Forever Web is not responsible for changes made to your website by other parties.
  • Forever Web is not responsible for third-party plugins that may become unusable as a result of maintenance performed.
  • Forever Web will not repair your website if it was compromised, hacked, or otherwise defaced or infected prior to ordering the Maintenance Package.

Search Engine Optimization (SEO)

Forever Web cannot guarantee search positions or rankings for any website. SEO is a complex and ever-changing process, and there are many factors that can affect a website’s ranking in search engines.

If you would like to improve your website’s SEO, Forever Web can offer additional services, such as:

  • Keyword research
  • On-page optimization
  • Off-page optimization

These services are available for an additional fee.

Backups

Unless your package includes backup services, you are solely responsible for backing up your data. Forever Web strongly encourages you to do so as frequently and completely as possible.

Forever Web will not be liable for any data loss or any other losses or damages related to backups or data recovery.

Forever Web cannot guarantee the condition or fitness of any backups provided. Such backups are provided “as is” and are used at your own risk and discretion – whether restored by Forever Web by your instruction or by you yourself.

Forever Web will not be liable for any losses or damages relating to any incidents arising out of such backups being provided (or not provided) to you on request.

Email and Spam

Forever Web provides a spam and virus filtering system to protect clients from unsolicited mail and viruses. However, this system may incorrectly identify a valid message as spam or as a virus, and consequently this message may not be delivered to the client. Forever Web is not responsible for any data lost as a result of this system.

Forever Web reserves the right to examine incoming or outgoing mail to the extent necessary to determine if it is classified as spam or malicious.

Forever Web is not responsible for configuring emails on any email clients. Forever Web provides the platform which allows the accessibility of incoming and outgoing mails. Any configuration of email clients is to be managed by the client’s IT administrator.

Forever Web may be able to assist you with email configuration, but this time may be billed to you at our discretion.

Social Media Marketing

  • The social media marketing services will include the following:
    • Creation and management of social media accounts
    • Posting of content on social media
    • Engagement with social media users
    • Tracking and reporting of social media results
  • The client will pay Forever Web a monthly fee as per selected package. 
  • The service is on a month-to-month basis.
  • Forever Web will keep all confidential information of the client confidential. This information includes, but is not limited to, the client’s marketing strategies, customer lists, and financial information.
  • The client will indemnify Forever Web for any losses or damages that the agency incurs as a result of the client’s breach of this agreement.
  • Either party may terminate this agreement by giving one calender month’s written notice to the other party.
  • The client to provide content and/or approve content plan timeously.

PPC Marketing

  • The PPC marketing services will include the following:
    • Creation and management of PPC campaigns
    • Selection of keywords
    • Setting up budget
    • Creation of ad copies
    • Tracking and reporting of PPC results
  • The client will pay Forever Web a monthly fee as per selected package. 
  • The service is on a month-to-month basis.
  • Forever Web will keep all confidential information of the client confidential. This information includes, but is not limited to, the client’s marketing strategies, customer lists, and financial information.
  • The client will indemnify Forever Web for any losses or damages that the agency incurs as a result of the client’s breach of this agreement.
  • Either party may terminate this agreement by giving one calender month’s written notice to the other party.
  • The client to provide content and/or approve ad content plan timeously.

WebView App

  • The WebView app conversion services will include the following:
    • Conversion of a website into a WebView app
    • Integration of native features, such as push notifications and offline support
  • The client will pay Forever Web a fee as per selected package. 
  • Forever Web will keep all confidential information of the client confidential. This information includes, but is not limited to, the client’s website code, customer lists, and financial information.
  • The client will indemnify Forever Web for any losses or damages that the agency incurs as a result of the client’s breach of this agreement.

Limitation of Liability and Indemnity

Forever Web will not be liable to you or any third party for any damages, losses, claims, or costs, of any nature, including but not limited to direct, indirect, consequential, or special damages, that you or any third party may suffer, regardless of how the damages arise. This includes damages that are caused by the act or omission of a Forever Web employee.

If Forever Web is found to be liable, the maximum amount of its liability will be the monthly or pro-rata fees due for the service that caused the loss, in the preceding three (3) months. This is regardless of whether the claim arises out of negligence on the part of Forever Web or any other cause.

By using the services, you agree to indemnify and hold Forever Web harmless from any damages, losses, claims, or costs that Forever Web may suffer as a result of your use of the services, or your breach of the terms and conditions.

These limitations on liability and indemnities apply to Forever Web, its affiliates, directors, officers, employees, contractors, agents, and other representatives, as well as any third parties whose networks are connected to the Forever Web platform.

If any provision of this section is held to be invalid or unenforceable, such provision will be struck from this section and the remaining provisions will remain in full force and effect.

The limitations on liability in this clause do not apply to charges incurred for ongoing services. This means that the client is still responsible for paying for these charges, even if they are the result of a breach of contract by Forever Web.

If the Consumer Protection Act 68 of 2008 is applicable to this agreement, and any provision of this clause is found to be unfair, unreasonable, or unjust by a court or tribunal with jurisdiction over Forever Web, then that provision will be severed, and the remainder of this clause will have full force and effect.

In the case of ambiguity, this clause will take precedence over any other expression of the parties’ intention, whether express or implied, that may be contained elsewhere in this agreement.

Forever Web does not conduct pre-registration searches to check for conflicting third-party rights before registering a domain name for a client. This means that Forever Web is not obliged to advise the client about possible conflicting third-party rights or to take steps to ensure against possible disputes concerning a third party’s intellectual property or other rights.

Forever Web reserves the right to disclose pertinent information to registrars for public disclosure as per the terms and conditions of the registrar. Forever Web will not be held liable for any claims of infringement of privacy by fulfilling such registration conditions.

The client warrants that the use or registration of the domain name by the client does not interfere with nor infringe the rights of any third party in any jurisdiction with respect to trademark, service mark, tradename, company name, close corporation name, copyright nor any other intellectual property right. The client also warrants that they have the right to use the domain name as requested.

Forever Web is not an arbitrator of disputes arising out of the registration and use of domain names. If Forever Web is presented with evidence that a domain name registered by a client violates the rights of a third party, Forever Web will provide the complainant with the client’s name and address. Forever Web will then have no further obligations to the client and will not be involved in any further communication between the client and the complainant. The client will be entitled to continue using the domain name registered for them by Forever Web until a court or other body with jurisdiction directs otherwise.

 

Forever Web will not be liable for any losses, damages, or interruptions of business that may be caused by the use or registration of a domain name by a client, or by any actions taken by Forever Web in response to the abuse of its domain registration services. This includes indirect, special, incidental, or consequential damages, such as lost profits.

General

Forever Web reserves the right to change these terms and conditions at any time without prior notice. These terms and conditions are legally binding as of the date of publication on Forever Web’s website.