Terms & Conditions

SnapByte’s Terms & Conditions

SnapByte, is a Sole Proprietor web design and hosting service provider that gives a range of web hosting Services to its Clients as well as web design and development services.

  1. Hosting Terms
    General

1.1 We provide hosting of Client Servers, together with web services and email facilities for web sites controlled by individuals or companies that do not have their own web servers.

1.2 If you are an existing Client and you wish to upgrade to a new Hosting Package, we may charge you an additional setup fee.

Service Fees

  • We have the right to increase the Hosting service fees annually following the anniversary of the date we started providing our Services to you (“the Anniversary Date”). We will give you written details of any such increase at least 30 days prior to each Anniversary Date and any amendment or variation of the service fees will be seen as an amendment of Our Hosting Terms.

 

Network Uptime Guarantee

  • We guarantee that our network will be available 99.9% of the time in a given month, excluding scheduled maintenance. This means that you should not experience network downtime of more than 43 minutes in any given month counted from the first day of every month.
    • Network uptime includes functioning of all network infrastructure including routers, switches and cabling, but excludes services or software running on your Server.
    • Network downtime exists when you are unable to ping the Server and it is measured according to our monitoring system.
  • If network uptime is less than 99.9%, (in other words downtime exceeds 43 minutes in a given month), we will credit you 5% of the base monthly fee for every 30 minutes of downtime (up to 100% of your monthly fee for the affected hosting package).
2. Email terms

2.1 We will provide the following email related Services for Clients selecting shared or managed dedicated hosting only:

Filtering of unsolicited commercial email (SPAM): This is done on a best effort basis, without any guarantees, using appropriate best of breed technologies (for example SpamAssassin which is the most widely used open source filtering software);

Virus filtering: This is done on a best effort basis without any guarantees, using appropriate best of breed technologies (for example Clam that is a very popular open source solution).

An SMTP (simple mail transfer protocol) server for the sending of outgoing mail;

A POP3 (post office protocol) server for the downloading of incoming mail.

IMAP (internet message across protocol) Server for the reading of mail.

 

2.2 We will take appropriate and reasonable measures to make your email environment secure and reliable.

 

2.3 We will:

Do our best to support the setup and configuration and not be held responsible if there is any incompatibility between our Systems and any other third-party application.

 

  1. Domain Name Terms

Domain Registration

  • The Administrator runs the registry system used to process co.za Domain Name related transactions initiated by Domain Name Registrars, such as SnapByte, which include domain registrations, domain updates, domain renewals, domain deletions, domain queries and domain transfers.
  • We act on your instructions to the extent that those instructions are possible and lawful. Domain Name Administrators have the right to cancel, transfer or suspend a Domain Name registration in certain circumstances. For example, where it would put the Administrator in conflict with any law or upon receipt of a court order or ruling of an arbitrator.
  • The following principles apply with regard to Domain Name registrations:
    • Domains Names are made available on a “first come, first served” basis. We therefore do not guarantee that the Domain Name requested by you is available for registration.
    • We do not permit domain squatting registering a Domain Name in bad faith with the intention of profiting from the goodwill of a trademark belonging to someone else.
    • Registering a Domain Name is like getting a license. As long as the Domain Name is current, you can continue to use it. Domain Names are not regarded as property and cannot be “owned” by anyone. However, the domain name will be registered in the name of the “Registrant”.
    • It is important to ensure that the correct person or entity is reflected as the Registrant as SnapByte will only act on the instructions of the Account Owner or anyone authorized to act on the SnapByte account. In certain instances, the Registrant might not be the Account Owner.
    • You as Registrant or your agent will retain control of your Domain Name. We will maintain the Domain Name for you as part of the Service.
    • We will insert our details as the billing and technical contact of the Domain Name, unless you register the Domain Name yourself or manage the Domain Name record directly with the applicable Registry.
    • Any Internet Protocol (IP) address that we allocate to you will remain our sole property. We give you a non-exclusive, non-transferable license to use the IP address for the duration of our agreement with you.
    • All new co.za registrations are allowed a generosity period of seven consecutive days immediately following the registration of the Domain Name, during which you can cancel your Domain Name registration with minimal cost implications.
    • Domain Names are registered for one year. Our systems have been programmed to automatically renew your Domain Name unless you expressly tell us not to do so, in which case it will lapse. We will try to send you a reminder. It sometimes happens that reminders are not received due to events beyond our control and we will not be liable.
  • If you cancel your Domain Name registration during a generosity period, it will be assigned a ‘Pending Release’ status and will not become available for release until the seven-day grace period expires. You will be charged a grace period administration Fee of R30 for co.za domains and R50 for all other domains. Once the grace period has expired, the Domain Name will be released and removed from the Registry database, making it available for anyone else to register. You will not be able to transfer the Domain Name to another Registrar during the grace period.
  • You must provide us with all the information that we request from you. We will not be held responsible if you give us incomplete or inaccurate information that will lead to a delay in the registration process, subsequently resulting in the Domain Name being registered by someone else.

 

  • The following fees will be incurred by you:
    • The annual Administrator Fee for the Domain Name.
    • Our Service fee for applying for, and where applicable, maintaining the registration of a Domain Name on your behalf and
    • All reasonable expenses or charges relating to the registration, transfer, or renewal of the Domain Name.

These service fees are non-refundable.

 

Changes to .co.za Domain Name and Domain Name Information
3.7  It is not possible for us or the Administrator to amend the actual Domain Name itself. If there has been an error in the spelling of a Domain Name it will need to be cancelled and a new registration created. Unless you request the change within the seven-day generosity period, you will be required to pay a fee to the Registrar

 

Disputes

3.9 In the event of a dispute around a Domain Name between the Registrant and someone else (including his agent) regarding control of the Domain Name or SnapByte account to which the Domain Name is linked, we will prevent either party from accessing or performing domain updates through CPanel until such time as the dispute has been resolved or we receive written instructions to change the name of the Registrant from:

3.9.1 The liquidator of an incorporated or unincorporated business, where the business has been wound up, whether provisionally or finally, whether compulsory or voluntary.

3.9.2 A written and valid resolution of the members, shareholders or trustees of a close corporation, company or trust authorising the transfer of the Domain Name to the new Registrant.

3.9.3 A written consent signed by all the partners in a partnership where a partner requests that the Domain Name be transferred to the partner.

3.9.4. A letter from the executor where the Registrant of the Domain Name has died requesting that the Domain Name be transferred to a named entity.

An order of Court in relation to any of the above or

3.9.5 An order of an Arbitration Tribunal of competent jurisdiction requiring action in any administrative proceeding, conducted under the Uniform Dispute Resolution Policy adopted by ICANN, Alternate Dispute Resolution Regulations in South Africa or any similar proceedings in another ccTLD or gTLD to which you are a party.

 

Domain Name Transfers to another Registrar
  • You are able to transfer your Domain Name to another Registrar at any time other than during the generosity period.
  • In the event that SnapByte incurs costs in transferring a domain name out of its control such costs including bank charges will be passed on to the User, which is payable by the User before the transfer is initiated.
  • The User shall request the transfer away via email to megan@snapbyte.co.za on a company letter header authorising SnapByte to transfer the Domain Name to another party. The Email must contain the date, domain name.
  • If all fees are up to date the domain may be transferred immediately, however, if there are outstanding payments that need to be made, the domain transfer will only be initiated once outstanding payments are made.

 

Domain Name Cancellations

  • A Domain Name can be canceled at any time other than during a generosity period.
  • Initiating a Domain Name cancellation request will result in the Domain Name being suspended and ultimately deleted from the Registry
  • Once initiated, a period of five consecutive days must run (the “pending suspension” period) where after the status of the Domain Name will automatically change to the “pending deletion” period which will run for another five consecutive days. At the end of the pending deletion period the Domain Name will automatically be deleted and revert back into the pool of available Domain Names. Domain Names that have been deleted from the Registry database cannot be reinstated
  • The Pending Suspension and Pending Deletion periods are a fixed system parameter instituted by the Administrator and cannot be modified by us.

 

Domain Name Renewals

  • We will give you a renewal reminder by email within 60 days prior to the renewal date of your Domain Name.
  • If you do not want to renew the Domain Name, you must give notice by letting us know in the renewal reminder email. This will automatically instruct us not to renew the Domain Name. This notice must be given at least 30 Business Days prior to the domain name renewal date.
  • If you do not give the required notice we will automatically renew the Domain Name and a renewal fee will be added to your next invoice.

 

Payment Default of the Domain Services

  • If you fail to pay us any cost or charge relating to the registration, renewal, update, change, or administration of any Domain Name, we may:
    • Exercise a lien (right to withhold) over the Domain Name until the relevant cost or charge has been paid.
    • Obtain or allow the suspension, termination, or deletion of the Domain Name or
    • transfer the Domain Name to another Registrant.

 

Termination of the Domain Services

  • If the Domain Service is terminated for any reason, we may, without incurring any liability, notify the relevant Registrar or Registry of the termination and instruct the Registrar or Registry to remove us or any of our systems as the host of the Domain Name even if no replacement is available.
  • If any of the Registrars or Registries amend, suspend or terminate its provision of a Domain Service or any other aspect of its services upon which we depend for the provision of the Domain Service to you, we will try to ensure the continuance of the Domain Service. If we are unable to ensure the continuance under any circumstances, we will not be liable to you or any other third party for any loss or damages (as contemplated in our Hosting Terms) you or any third party may suffer arising from, or in any way relating to, the termination of the Domain Services.

 

  1. Other Services
    • We offer third party services
    • While we make every effort to select reliable vendors, maintain relationships and hold them accountable to ensure a reliable service on behalf of our Clients, we do not control and are not responsible for those services and you use those third-party services at your own risk.
    • We will not be liable for any loss or damage you have suffered as a result of your use of such third-party services including any interruption or unavailability of the third party services.

 

  1. SnapByte Responsibility
    • If, however, in a case where SnapByte as a business can no longer run / shuts down / Owner dies, all the current domains hosted by SnapByte will be taken over by Cloud Matrix.
    • No prices will be increased in the first 6 months of the domain being taken over by Cloud Matrix.
    • You are obliged to move to a different hosting company that can assist you if you are then unhappy with Cloud Matrix.

 

  1. Website Design & Development

What do both parties agree to?
6.1 The Client agrees to:

  • Provide the Company, within a reasonable timescale, everything that is requested from you to complete the Project ­ including text, images and other information.
  • Provide the Company with text and images in the format as stated below (see photographs and images)
  • Review the Company’s work, provide feedback, and sign­off approval in a timely manner.
  • Make every effort to adhere to all agreed deadlines.
  • Adhere to the payment laid out on our Website Design page (https://snapbyte.co.za/website-design/).
  • Advise, in advance, of any confidential information to be presented by email, written, or verbally, between both parties. Also, for this to be marked as ‘confidential’ in the subject of the email, or clearly on any written documents.
  • Provide a minimum of one months’ notice in writing, or by email should you wish to cancel any contract

 

  • The Company agrees to:
    • Carry out services in a professional and timely manner.
    • Make every effort to adhere to any deadlines agreed between us and you.
    • Make a reasonable number of revisions to the design, layout, colours etc, until you are satisfied with the design concept or such time as both parties feel an agreement is likely to be reached but no more than 2 major revisions. Additional revisions or design work outside the scope of the project will be charged separately.
    • Endeavour to complete requested website revisions or updates within 48 hours, wherever possible.
    • Maintain up to date skills and knowledge through regular training and research.
    • Contact you before the end of the first 12-month period, to discuss the various options open to you for continuing website maintenance and support and/or hosting.

 

  • Website Development:
    • All websites are developed to work primarily across all major browsers and platforms including other devices such as mobile phones and touchpads. However, the Company cannot guarantee complete and/or long-term compatibility across every major browser, platform or handheld device due to updates/upgrades by their respective vendors.
      The Company cannot guarantee compatibility in old or redundant browser software.

 

  • Payments and Contract Lengths:
    • The company has the right to charge the client up to 85% of the total web development costs, should the client cancel the website agreement after the design concepts have been agreed but prior to the website going live. The scale of the charge will be dependent on what stage the project is at when the cancellation takes place.
    • The deposit amount paid towards Web design and development is however non-refundable.

 

  • Once the site goes live any early cancellation of your standing order during the first 12 months will be deemed a break in contract. In this case you would be liable for the balance of the contract to be paid with immediate effect plus a admin fee of R350 (The admin fee covers time taken to discover the cancellation, generating an invoice and posting)
  • Alterations to standing order mandates to reflect new or changed contracts are the sole responsibility of the client. Overpayments to the Company as a result of not updating a standing order mandate will not be reimbursed to the Client. Underpayments or missed payments, however, shall be backdated to the point at which the underpayment or missed payment was discovered and the Client shall be responsible for bringing their account up to date within a reasonable period of time.
  • Contract lengths are normally 12 months unless agreed beforehand between the Client and the Company.

 

  • Content Management Systems (CMS):
    • All packages with the exception of our basic package (Start Up) will be developed using a Content Management System (CMS).
    • In order to maintain compatibility between clients the company now use the WordPress Platform exclusively as our CMS of choice. E­Commerce stores use different management systems depending on the scale and complexity of the Project.
      • However, in some instances, the company may build a bespoke solution, depending on the exact requirements of the Project.
      • Any associated or additional fees, such as installation, setup, testing and introductory training pertaining to Content Management Systems or E­Commerce Management Systems are covered within your chosen package.

 

  • Photographs and Images:
    • Any images or photographs that you supply should be in digital format, usually no smaller than 1024x768 pixels, with a suitable resolution that will allow them to be resized and used on screen. Traditional paper photographs requiring scanning are acceptable, however, there may be additional costs incurred due to time spent scanning and retouching the images. This depends entirely on the project and the number of images involved.
    • Any images that the company are asked to obtain from third party photographers or stock photography will be charged as an additional cost.
    • The Client guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the Company for inclusion in their website, or other design, are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend the Company and its subcontractors from any liability (including solicitors fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.
    • Evidence of ownership or permissions may be requested by the Company.

 

  • The Copyright:
    • After the initial 12-month period, copyright is automatically assigned as follows:
      • The Client will own, or have express permission to use, the text files, images, graphics and any visual elements, video or sound bites, that you may have sent to us to use in connection with the project.
      • The company will maintain copies of all the files used in connection with your project and if you require a disc copy of all the files used in connection with your project, then the company will be happy to supply this to you. Copies of the website files are maintained by us for a reasonable time (usually at least one year), and if you are hosting with us, then files are maintained both locally and on external servers.
      • The copyright to the markup, CSS files, other code that may have been used by us for you, or certain images that the company may have supplied to or for you are licensed to you in connection with this web design project, and will be licensed solely to the domain name on which the website files reside. If you own the domain name, then you own the copyright.
      • At the bottom of the website page(s) after payment has been completed, usually it will say Copyright and the name of your business or company. The company do however reserve the right as the Company responsible for the design and/or development to place a small and unobtrusive link at the bottom of your website, thereby not hindering or distracting from your own website design.
      • As the design company, the company also reserve the right to display and link to your completed project as part of our portfolio, and to write about the project on other web sites, in magazine or ezine articles, books, written or digital publications of any design and source. Please inform us in advance of the website going live if you DO NOT want us to add your site to our portfolio of work.
    • Liability:
      • The company will not be held liable for any missed launch date or deadline, if the Client has been late in supplying materials, or has not approved or signed off work on time, at any stage.

 

  • Confidentiality:
    • The Company adheres to all national and EU data protection, data transfer, data retention, and confidentiality regulations and always stores data sent to us in a secure manner within our security policy.

 

  • General:
    • A website will not launch until payment has been set up, unless special agreement has been reached in advance.
    • Additional costs for extra features and/or additional design costs, not covered by our standard packages, will be agreed and invoiced before the website goes live.
    • If the Client does not respond to the Company’s request to discuss or choose ongoing support options, the client will automatically be placed on what the company feels is the most appropriate support package.
    • There may be an additional fee for any design changes requested after the initial agreed design has been signed off.
    • The Company is not responsible for writing or inputting any text copy unless this has been specified by the client.
    • If you are hosting the website elsewhere, the Company cannot guarantee that the website is fully compatible with all hosting provider’s server operating systems, especially any contact forms, Content Management Systems, database driven websites, etc.
    • If the website is to be hosted elsewhere, then you will still pay the same monthly fee as agreed.
    • The company do not offer any technical support for any other web site hosting company that you may choose (if you elect not to host the website with us).
    • The company cannot guarantee that the functions contained within any web page (or part of your website design), will always be error free, and therefore the company will not be liable in any way whatsoever to you for any third party damages, including lost profits, lost savings, or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages.
    • If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Just the same as a fine, you cannot transfer this contract to anyone else without our consent or permission.
    • This contract remains in force and need not be renewe
    • Although the company have tried to keep this contract language simple, the intentions are serious, and the contract is a legal document.
    • Changes to these Terms and Conditions: SnapByte reserves the right to add, delete, or modify any provision of these Terms and Conditions at any time without notice. Failure to receive notification of a change does not make those changes invalid. These Terms and Conditions will always be available to view or print from our website.