Terms of Service
The terms of services from Omega Web Creative (Pty) Ltd.
[hereafter referred to as “omega web creative”]
constitutes agreement to these terms.
Website Design, Ongoing Support & Internet Marketing
All Graphic Design, Web Design & Development and Ongoing services provided by Omega Web Creative are subject to the following terms and conditions;
- Estimates & Contracts
Estimates provided to prospects will be honoured for 30 days. A new quote will then be provided upon request. Contracts that have been written, but not signed by the client will only be accepted within 30 days of the delivery date. A new contract may be drawn up upon request.
- Charges & Fees
2.1 Once-Off Web Design Packages:
All new once-off web design projects require an initial 50% deposit that will be due at contract signing/acceptance of order. The remaining 50% balance will be due upon acceptance of the completed web development project before it is released to the client or published to the internet.
2.2 Monthly Web Design Packages:
We require a signup fee of R500 plus the first month’s payment that will be due at contract signing/acceptance of order. The payment agreement form should be signed and sent back to Omega Web Creative before we can start designing your website.
Contracts are paid over a 12 month period. After the 12 month period, the payments will continue on a month-to-month basis at the standard rate of your monthly hosting fee and can be canceled at any time.
Contracts may be canceled within the 12 month period by paying the total outstanding amount of the contract.
Omega Web Creative retains the right to hold all graphics, and project development with the exception of content and graphics provided by the client until payment is received for such items. (see copyright & ownership clause)
Omega Web Creative accepts payments via Cash and EFT. Your project will not be released to you or uploaded until full payment is received.
- Hours of Operation
Our business hours are Monday-Friday from 9am-5pm. Our website and hosting support is available 24/7.
- Website Design Credit
All Omega Web Creative custom web design clients will have a “Designed by: Omega Web Creative” link on their website in the footer of every page. This is non-negotiable. By hiring us to work on your website you are agreeing to this, and that you understand that this link may NOT be removed without our consent. You may pay Omega Web Creative a fee of R500.00 to have this link permanently removed. Should you have a new layout designed for your site by a company other than Omega Web Creative, you may remove the credit from your website.
- Copyright & Ownership
Upon completion of the project, Omega Web Creative transfers all rights and ownership of CUSTOM designs and programming written by Omega Web Creative to the client. Software and third party graphics or programs are not transferred to the client and remain under copyright of their respective owners.
Omega Web Creative reserves the right to resell custom designed web sites that remain unpaid by the original client, unaccepted mock-ups or other graphics created by Omega Web Creative but not in legal use by the client.
Omega Web Creative reserves the right to display websites and graphics that have been designed by Omega Web Creative on their website, and in any marketing material to aid as examples of our work.
Omega Web Creative requires a deposit before we begin work on any project. A request to terminate services must be presented to Omega Web Creative in writing. Omega Web Creative has a Guaranteed 90 Day Turnaround for your project. If we fail to complete your project within 90 days of the start date AND you have turned in all content, images and information requested by us, you will receive a 50% refund within 90 days of your written request.
Refunds will be processed within 90 business days of request by the client, if there is a refund amount due based on the terms above.
We are unable to offer refunds on SSL certificates, domain services and hosting services. If you are dissatisfied with the services provided, we will be happy to work out a solution with you that will meet your company needs.
Omega Web Creative will not negotiate chargebacks with any person or company. Our Refund policies are clearly stated above, and all clients are asked to read and agree to our terms of service prior to the start of any project.
- Development & Delivery
Omega Web Creative understands the importance of completing projects in a timely manner. We agree to complete the web design project within 90 days from the date of contract signing. If the client does not supply Omega Web Creative with complete text, graphic content and other requested materials for the contracted client within 90 days of contract signing, the contract becomes void and all deposits paid by the client are forfeited. The client may request a Project Extension in writing to Omega Web Creative for an additional fee of 20% of the project total cost for every 90 days of extension. All extension fees are due upon agreement of the extension between Omega Web Creative and the client.
If we are unable to communicate with a client on a project for a duration of at least fourteen days (14) by phone or email during the design and development process, the project will be cancelled without prior notice and no refund will be issued.
Services purchased from Omega Web Creative are provided “as is” without warranty of any kind that the web design project will be uninterrupted or error free. In no event shall Omega Web Creative be liable to the client for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of the website, services, and/or goods provided to the client. This includes, without limitation, lost profits, business interruption, loss of data or other losses directly resulting from the use of the website, services, and/or goods provided to the client. The entire risk as to the quality and performance of the web design is with the client.
Please note that by submitting your deposit or down payment for our services, you are agreeing to all of our terms of service as written here. Omega Web Creative reserves the right to change or update these terms at any time without prior notice.
- Ongoing Support & Internet Marketing Services
Are subject to the above terms and are paid on a yearly, monthly or hourly basis depending on the agreement details as stated in the original estimate(s).
User Agreement & Hosting Terms of Service
The use of services from Omega Web Creative constitutes agreement to these terms.
14.1 Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account.
Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we cannot make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.
Please contact us with specific details to receive a price quote for website transfers.
All services provided by Omega Web Creative may only be used for lawful purposes.
The customer agrees to indemnify and hold Omega Web Creative harmless from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of content, images, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email firstname.lastname@example.org.
Examples of unacceptable material on all servers include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Multi-Level Marketing Schemes, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account.
Omega Web Creative services, including all related equipment, networks and network devices are provided only for authorized customer use. Omega Web Creative systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Omega Web Creative system(s) constitutes consent to monitoring for these purposes.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via ticket/email and will have a response within 24 hours.
If in doubt regarding the acceptability of your site or service, please contact us via our contact form or email and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography:
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
14.4 Zero Tolerance Spam Policy
We take a zero-tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double opt-in” will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
Omega Web Creative reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
Omega Web Creative reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean-up fee. This cost of the clean-up fee is entirely at the discretion of Omega Web Creative.
14.5 Payment Information
You agree to supply appropriate payment for the services received from Omega Web Creative, in advance of the time period during which such services are provided. You agree that until and unless you notify Omega Web Creative of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Cancellations must be done in writing via the cancellation form provided or via email. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic “Your request has been received…” email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.
As a client of Omega Web Creative, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Omega Web Creative provides a 7 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 7 days and not paid will result in account suspension until account balance has been paid in full.
Omega Web Creative reserves the right to change the monthly payment amount and any other charges at any time.
14.6 Backups and Data Loss
Your use of the service is at your sole risk. Omega Web Creative is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Omega Web Creative servers.
14.7 Cancellations and Refunds
Omega Web Creative reserves the right to cancel the account at any time with or without notice.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
Customers may cancel at any time via a cancellation form or via email.
There are no refunds on hosting, administrative fees, install fees for custom software, SSL certificates or domain name purchases.
Violations of the Terms of Service or User Agreement will waive the refund policy.
14.8 Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
14.9 Money back Guarantee
Each of Omega Web Creative’ shared hosting packages carry a 30-day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly/annually shared hosting packages and does not apply to our website design packages, administrative fees, install fees for custom software, SSL certificates or domain name purchases.
14.10 Uptime Guarantee
If your shared server has a physical downtime that is not within the 99.9% uptime you may receive pro rata credit for the downtime on your account. Approval of the credit is at the discretion of Omega Web Creative dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact email@example.com with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared hosting solutions.
14.11 Shared Servers
Shared accounts may not resell web hosting to other people. Semi dedicated servers are not backed up. You must maintain your own backups.
14.12 Price Change
We reserve the right to change prices listed on our company websites, and the right to increase the amount of resources given to plans at any time.
Customer agrees that it shall defend, indemnify, save and hold Omega Web Creative harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Omega Web Creative, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold Omega Web Creative harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Omega Web Creative; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Omega Web Creative’ server.
Omega Web Creative shall not be responsible for any damages your business may suffer. Omega Web Creative makes no warranties of any kind, expressed or implied for services we provide. Omega Web Creative disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Omega Web Creative and its employees.
- Disclosure to law enforcement
Omega Web Creative may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies.
We will cooperate fully with law enforcement agencies.
- Changes to the Terms of Services
Omega Web Creative reserves the right to revise its policies at any time without notice.
- Registrant Education and Domain Name Registrants Rights
For more information about Registrant Education, please click here: http://www.icann.org/en/resources/registrars/registrant-rights/educational
For more information about Domain Name Registrant Rights, please click here: http://www.icann.org/en/resources/registrars/registrant-rights/benefits
Any party seeking to report violations to any Omega Web Creative Web Design policy may contact us via e-mail at firstname.lastname@example.org.
Website Development & Ongoing Support
POST LAUNCH & INITIAL WEBSITE SUPPORT (Now that your new website is online)
Maintenance (changes or updates) on your new web site is included for the first 30 days after launch date. It is that time that we can still address any minor changes/updates to the site as well as website related questions & tutorials. We DO NOT provide ANY support after this initial 30 days post site launch. It is up to the client to do their due-diligence to check and test the site prior to the approval and launch of the new website. Any and all website related changes, questions, updates and support issues outside this 30 day post launch window will be billed at our normal hourly rate (Our hourly rate is subject to change without written notice). If you require any additional website support it is highly recommended that you sign-up online or through one of our staff members with one of our ongoing website support plans. If you would like more info about our ongoing support plans then please send us email request.
ONGOING MAINTENANCE, WEBSITE SUPPORT & INTERNET MARKETING
Customized support packages can include but are not limited to the following: Phone & Email Support, Basic Website Changes & Updates, Tutorial and Training Sessions, Monthly Website & Database Backup, Email Configuration & Management, Website Management, Blog Management & Moderation, Social Networking Management & Moderation, Search Engine Optimization (SEO), Pay Per Click Management, eNewsletter & Mailing List Management, eCommerce & Product Management.
THINGS YOU CAN DO (My Website is Online! Now What?)
Q: When Can I Expect to See Improved Results in the Search Engines?
A: You will most likely see your website appear in searches within 2-4 weeks. However every search engine is different and none of them provide any guarantees that they will search your site and index it by a certain date. In most cases we see the search engines adding new websites to their results within two weeks, and noticing changes to existing websites in 2-3 weeks. However, it can take 3-4 months to really start moving up the ranks on google’s index as well as bing, yahoo and others.
Q: What Can I Do Next?
A: Keeping your website at the top of the search engine charts. There is always new competition and after time, if you’re not careful your website can be pushed down in the ranks of the search engines. To avoid this, you can contact us to assist you in keeping your website continually up-to-date with the current SEO techniques and other internet marketing strategies.
Q: What can I do to help my Website’s Search Engine Rank on my Own?
A: Post to your Blog regularly; Add new content to your website — When writing content, be sure to use relevant keywords & phrases; Share your blog articles & web pages on the social media sites; Encourage your customers to write reviews on 3rd Party website like Yelp & Google; Tell your friends about your website and ask if they will link to your site or promote it elsewhere on the web IE: Facebook, Twitter & Google+.