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Terms & Conditions

Last updated: 05 January 2018

The acceptance of a live demo website by a client implies that the below terms and conditions have been read and understood and accepted by the Client.

Terms

All websites are managed by Hbook and hosted under shared, reseller or vps hosting accounts within reputable web hosting firms such as Hetzner, Mweb, Domains and Afrihost. We will not provide any client access to their website or to any shared hosting accounts unless their website is made from WordPress. Hbook assumes no responsibility or liability for any errors or omissions in the content of this site. The information is provided on an “as is” basis with no guarantees of completeness, accuracy, usefulness or timeliness.

As a client it's your duty to view your website and inform Hbook of any information that may need updating or information that is incorrect towards your website and changes will be made through what you provide. Hbook takes no responsibility or liability for any errors or omissions in the content of any clients website. We are only able to do text or image changes towards websites once it has been made (it is considered made when you receive a demo of the website), if you require physical changes towards the theme used for your website we may or may not be able to do so. The service term of the agreement shall begin on the date that Hbook generates an e-mail message to the customer providing the first invoice and announcing activation of the customer’s website (the "service commencement date"). Upon expiration of the service term, either Hbook or the customer provides the other with written notice of renewal or non-renewal at least thirty (30) days prior to the expiration of the service term. The service term and any renewal term may be referred to collectively in this Agreement as the "Terms".

Payments

Hbook may require payment for the first billing cycle before beginning the service term. Customer’s billing cycle shall be yearly or monthly, beginning on the service commencement date. Once the service term of the agreement has started, fees are payable, before or on the last day of each billing cycle. Invoiced fees may be issued on or before the last day of each billing cycle. Monthly fees will be done through debit order payments or EFT payments. Failure to make payment on renewing the service term of the agreement, the customer will be given a fourteen (14) day grace period to settle amounts owed to Hbook without the website going offline. If there is no payment within the grace period. The client automatically gives Hbook the authority whether or not to put their website offline (All information will be wiped from the Hbook client's website).

Hbook may terminate the service without notice if payment for the service is overdue. This will occur if fees are not disputed within fifteen (15) days after the end of the grace period's due date and are conclusively deemed accurate. Hbook will relinquish its hold to a customers domain name on termination or repurpose the domain name by putting it to our own use. A customer and Hbook will no longer be in service term of the agreement once this happens.

Fee Increases, refunds and reconnections

Hbook may increase its fees for services effective on the first day of a renewal term by giving notice to a customer of the new fees at least sixty (60) days prior to the beginning of the renewal term. All charges and fees are non-refundable unless expressly stated otherwise, or otherwise provided by applicable law. Reconnection fees might be put forth and payable due to missed payments.

Advertising

Hbook management fees for social media management, Google ads or any other online advertising mediums will increase based on ad activity. We take no responsibility towards any loss of paid ad fees once the transaction takes place. For advertising, refunds are accepted only if the paid ad transaction has not occured yet. Hbook will not provide a refund for the management or paid ad fee if the transaction towards Facebook, Google or any other online advertising mediums that has already taken place.

E-Commerce / Online stores

As a client you must provide full documentation for your online store. If you do not have a capped amount of products you sell. Hbook fees will increase based on tasks completed within your online store.

Customer Information

A customer is responsible for providing Hbook with changes to billing information (such as bank detail changes, change in billing address) especially if you are on our debit order payment terms. A Customer represents and warrants to Hbook that the information he, she or it has provided and will provide to Hbook for purposes of establishing and maintaining the service is accurate. If a Customer is an individual, a customer represents and warrants to Hbook that he or she is at least 18 years of age.

Email addresses

Upon suspension (services being put on hold), you will lose access to the email addresses that have been provided to you. In terms of email storage. Hbook will purge any mail that is older than 30 (thirty) days, only if your email storage capacity is at a high level. To avoid a purge, you should backup your mail and delete/trash and empty old or unwanted mail. The purpose of the purge is to keep mail servers running efficiently.

Indemnification

Customer agrees to indemnify and hold harmless Hbook's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of a customer’s services in violation of applicable law or the AUP by Customer or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by Customer.

Disclaimer of Warranties

HBOOK DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW HBOOK DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN ‘AS IS’ BASIS.

Limitation of Damages

NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILIY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF HBOOK AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR SIX MONTHS OF SERVICE.

Force Majeure

Hbook shall not be in default of any obligation under the agreement if the failure to perform the obligation is due to any event beyond Hbook's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organised labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

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