Terminology

• The agreement: Terms of Service
• Our service/s: One or more of our services listed in the “Our service” section
• The company: Geekem (Pty) Ltd
• The client: The business or person/s who makes use of one or more of our services

Our Services

• Domain name services
• Web- & E-mail hosting
• Web design & development
• Digital business cards
• Electronic wedding invitations

The company is a business in the Information Technology industry providing services listed below under “Our services.”  This agreement is entered into between the company and the client making use of our services.

General policy applicable on all services

• Our services are subjected to availability and receipt of payment. All orders will be processed within 1-3 working days of receipt and processed payment.
• The company reserves the right to amend the terms of service at any time and will be updated on our websites “Terms of Service” page. This is the responsibility of the client to review the agreement.
• Should the client have any objection to any of the sections in the agreement they should terminate their services with the company following the company’s termination policy.

Personal Information

The company will take all the responsible steps to keep the clients personal information protected as detailed in the Promotion of Access to information Act 2 (PAIA).

Payments

• All payments made to the company will be made via Payfast by Network or the company’s bank account that will be available on the company’s invoices or statements. This information can also be provided on request from our financial department financial@geekem.co.za.
• When the client act on behalf of their business, documents supporting your position and permission to enter an agreement with the company should be supplied.

Termination of service

• Termination of any of our services should be done with 30 day written notice. Termination of service can be done via our client portal or by sending an email to financial@geekem.co.za. Any other manner of termination other than specified above will not be valid.
• Termination of service should be given before the 7th of the month to be processed before the next invoice run. Should the notice be given after the 7th the cancellation will only be processed for the following month.
• The company reserve the right to retain all service fees you have already paid and recover all outstanding cost associated, including legal cost, with your termination.

Service Specific Terms

Domain Name Services

The administrator will refer to “Register Domain” in this section of Domain Name Services

• The company is a 3rd party reseller for the administrator to register Domain Names on the administrator’s registry system. All Domain Names registered are subjected to the administrator’s policies, which may be amended from time to time.
• The company will act on your instructions if the instruction is lawful. The company have the right to cancel, transfer or suspend Domain Names should there be a conflict with the law or any of the company’s Terms of Service.

• Domain Name are made available on “first come, first serve” terms. Therefor the company do not guarantee the Domain Name as requested on signup.

• Domain names are registered for 1 year (unless otherwise stipulated on your order). We will give you a reminder by email that the domain is due for renewal. The only way to secure the renewal of you domain will be via processed payment on our billing system. If you do not want to renew the Domain Name you will have to follow our termination process. If you do not give notice, we will not renew the Domain Name and it will expire, going into the available pool for anyone else to register.

Web Hosting

• The company’s hosting service is hosted on a Shared Hosting Server. The service will always remain the property of the company managing the server.
• The client is solely responsible for the bandwidth and traffic related to their hosting package. The usage will continuously be monitored by our control/billing system.

• The client is solely responsible for any software/web application installed on the hosting server.

• Where possible the company will monitor uptime of your hosting, but it stays the responsibility of the client to inform the company via the ticketing system or email to support@geekem.co.za when the hosting services is down.

E-mail Hosting

• The client is responsible to make backup of their emails. The company is NOT obliged to keep a backup of any emails. Your hosting package consists of a limited amount of disk space therefore the company will delete emails from the server to prevent the disk space to exceed 90% of the disk space.
• The e-mail service is not setup to send bulk marketing email. This will cause your e-mail service to be suspended for a few hours. The company encourage the client to make use of marketing platforms to send bulk/marketing e-mails.

Web Design & Development

The project will refer to the web design or development in this section of “Web design & development.”

• Our fees and deposits

Once the client has accepted and instructed the company to proceed with the development of the project the client is required to pay a 50% deposit before any work will commence. Once the work has been completed to the reasonable satisfaction but subjected to the terms of “approval of work” and “rejected work” the remaining 50% shall be due within 24 hours unless indicated otherwise.

Only when the company did not fulfill the requirements as per agreement with the client, the 50% deposit will be refundable. If the company already started the development and the client decides to terminate the contract the deposit will NOT be refunded and if there are any additional costs that is not covered by the deposit the client will be invoiced and be liable for payment.

• Approval of work

Once the company has completed the work the client will be notified and required to review the project. Thereafter the client will have 5 working days to notify the company in writing of any unsatisfactory points. If the client does not raise any unsatisfactory point in writing, within 5 working days, the project will be deemed as completed and the balance will become due for payment.

• Rejected Work

If the client rejects any of the work within the 5 working days period, or not approve subsequent work performed by the company it will first be verified against the initial agreement. Thereafter if we consider that the client has been unreasonable in rejecting the work, we reserve the right to treat the contract as “at an end” and take measures to recover payment for the completed work.

• Projects schedule and client liability

To meet the schedule or estimates that we give is dependent on the co-operation of the client. During the development of the project there is a certain amount of feedback/information required to progress to the subsequent phases. The company request that the client appoint a single point of contact that will be available daily to communicate or direct requests.

• Supply of material

To be able to develop such a project the client must supply all necessary materials and information that is required to complete the work in accordance with the agreed specifications. These materials and information may include, but are not limited to, photographs, logos, mission and vision statements and printed material.

If it so happens that there is any delay in receiving the material or information from the client, we reserve the right to extend any previous agreed timelines by a reasonable amount. The company also reserve the right to invoice the client for any part or parts of the project completed if the client fails to supply the material preventing the company from making progress.

•  Versions/Variation

The company offers the customer the opportunity to make revisions/changes to the design after every proposal. However, the company reserve the right to limit the number of design proposals to a reasonable amount and may charge additional costs if the customer makes changes to the original agreement.

• Ownership of Intellectual property rights

The customer must have all the necessary permissions and authority in respect of the use of all printed material, graphic images, registered company logos, names and trademarks or any material or information supplied to the company to include in your project.

The customer must assure the company and hold the company harmless from any claims or legal actions related to the content of the project.

• Licensing and backups

Once the customer has signed the end of project documentation, paid the company in full and the project documentation was handed to the customer, the company will no longer be responsible to keep the licensing of the software up to date nor be responsible for the payment of the hosting company unless stated otherwise in a written agreement between the company and the client.

The client will then also be responsible for maintaining their own backups. The company will not be liable for restoring any client data or projects except to the extent that such data loss arises out of negligence by the company.

• Search engines and Browser compatibility

The company does not guarantee any specific position in the search engine results for your website. The company performs basic search engine optimization according to the current best practice.

By using the latest version of well supported content management systems, the company endeavor to ensure that the project we create are compatible with all current, modern, and updated web browsers that includes Internet Explorer, Edge, Chrome, Firefox, and Safari.

• Subcontracting

The company reserve the right to subcontract any services, which the company have agreed upon with the customer, as the company see fit.

• Non-disclosure

The company (and the subcontractor we engage) agree that the company will not disclose any material or information provided by the customer to any third party.

• Additional Expenses

The customer agrees to reimburse the company for any requested expenses which was not part of the original agreement accepted by the customer that includes, but is not limited to, the purchase of templates, third party software, fonts, domain name registration, web hosting, or comparable expenses.

• E-commerce

The customer is responsible for complying with all the relevant laws relating to e-commerce and to the full extent permitted by law will hold harmless, protect, defend, and indemnify the company and its subcontractor/s from any claim, penalty, tax, tariff loss or damage arising from the client’s use of the electronic commerce.