Acceptance of a live demo website and/or setup fee payment by a client (client or third-party client) signifies that the following terms and conditions have been read, understood, and accepted by the client.
Terms of Service
Website Management and Hosting
Hbook manages all websites and hosts them on shared, reseller, or VPS hosting accounts with reputable providers such as Hetzner, Mweb, Domains, and Afrihost. Client or third-party client access to cPanel is strictly prohibited.
Domain Ownership: Domains registered through Hbook and its consultants are owned by Hbook. Clients may transfer ownership of their domain provided there are no outstanding invoices. Upon transfer, Hbook requires clients to find an alternative hosting provider.
Website Design Ownership: Hbook retains ownership of all website designs hosted with us. If a client wishes to transfer a website and retain the design, a one-time design transfer fee will apply.
Access to Webmail and WordPress: Features such as webmail and WordPress dashboard access are available upon request. Clients must contact Hbook directly to obtain these credentials.
Content Accuracy and Updates
1. Clients are responsible for reviewing their website content and notifying Hbook of updates or corrections. Hbook is not liable for any inaccuracies or omissions in website content.
2. Modifications: Text and image changes are supported following the initial demo. Theme alterations may or may not be possible depending on the original design.
Service Commencement and Renewal
Service begins upon Hbook’s confirmation of activation via email or WhatsApp, along with the initial invoice (“Service Commencement Date”). Renewal or cancellation notices must be provided in writing at least seven (7) days before the service term’s expiration.
Payments
Billing Cycle
Payments are required either monthly or annually, beginning on the Service Commencement Date. Fees are due by the last day of each billing cycle, and payments may be made via debit order or EFT.
Late Payment and Suspension
If payment is overdue, a five (5) day grace period applies. After this, Hbook reserves the right to suspend website and email services until payment is made. Should the account remain unpaid beyond the grace period, Hbook may terminate services without notice and may assume ownership or repurpose the domain name.
Fee Increases and Refund Policy
Hbook may increase service fees at the start of a renewal term with a 60-day advance notice. All fees are non-refundable unless otherwise stated or as required by applicable law. Reconnection fees may apply for reinstating services after suspension.
Advertising
Hbook charges for social media, Facebook ads, and other online advertising based on ad activity. Refunds for paid advertising are available only if the ad transaction has not yet occurred. Hbook is not liable for any losses related to paid ad fees once the transaction is processed.
E-Commerce / Online Stores
Clients must provide complete documentation for online stores. Hbook fees will adjust based on tasks or additional services required.
Customer Information
Clients are responsible for notifying Hbook of changes to billing information, including bank details and billing address. Clients confirm that information provided to Hbook is accurate, and individuals must be at least 18 years of age to engage in services.
Email Services
Upon service suspension, access to provided email addresses will be disabled. To ensure optimal server efficiency, Hbook purges emails older than 30 days if storage is near capacity. Clients are advised to regularly back up emails and manage mailbox storage.
Resellers
Resellers may use Hbook’s website design and hosting services for their clients. Resellers are permitted to mark up prices for profit. Hbook bills resellers directly, and they are responsible for informing Hbook of any client suspensions or updates. In case of payment default by the reseller, Hbook reserves the right to contact end clients directly to continue services.
Communication and Responsibility: Resellers must keep clients informed of their relationship with Hbook and abide by Hbook’s terms.
Service Cancellation
To cancel hosting and maintenance services, clients must pay a transfer fee based on the website type and domain. Services must remain active for a minimum of six months before a cancellation request will be processed.
Client Responsibility and Abuse Policy
Client Accountability
The client acknowledges and agrees that they bear sole responsibility for all content, actions, and usage associated with their allocated server space. Hbook does not monitor, control, or assume responsibility for any activities conducted on the client’s hosted space.
Compliance with Applicable Laws and Regulations
The client agrees to comply with all applicable laws and the hosting provider’s terms of service, including but not limited to laws concerning phishing, spam, malware, or other online abuses. It is the client’s responsibility to ensure that their use of the server space does not violate any third-party rights or applicable regulations.
Abuse Reports and Service Suspension
In the event that Hbook receives an abuse report or is made aware of potential misuse of the rented server space, we will notify the client promptly. However, Hbook is under no obligation to act on the client’s behalf or communicate with third parties concerning alleged abuse. Failure by the client to address abuse issues may result in suspension or termination of services, in accordance with the hosting provider’s policies.
Limitation of Liability
Hbook shall not be held liable for any damages, losses, or claims arising from the client’s misuse of the rented server space. The client indemnifies and holds Hbook harmless from any third-party claims related to their use of the server space, including legal fees incurred by defending against such claims.
Domain Registrar Policy
Domain Registration on Behalf of Clients
Hbook may register domain names on behalf of clients using the details of an assigned consultant as the registrant contact. This includes using the consultant’s name, contact information, and other necessary details for domain setup purposes. The consultant acts solely as a representative for the registration process.
Client Responsibility for Domain Use
The client acknowledges and agrees that they bear sole responsibility for all content, actions, and usage associated with their registered domain. Hbook, including any associated consultant, is not liable or accountable for any misuse, abuse, or illegal activity conducted via the client’s domain.
Compliance with Domain and Hosting Provider Policies
The client is responsible for complying with all applicable domain registrar terms, hosting provider policies, and local laws, including those related to phishing, spam, or any other form of online abuse.
Limitation of Consultant and Hbook Liability
The consultant and Hbook disclaim any responsibility for third-party claims, damages, or legal issues resulting from the client’s use of the domain. The client indemnifies and holds both the consultant and Hbook harmless from any abuse-related claims, including associated legal costs.
Indemnification
The customer agrees to indemnify and hold harmless Hbook, its affiliates, and each of their respective officers, directors, agents, and employees from any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, interest, expenses, and disbursements of any kind (including reasonable attorneys’ fees) brought by a third party. This indemnification applies to claims arising out of or related to the actual or alleged use of the customer’s services in violation of applicable law or Hbook’s Acceptable Use Policy (AUP), by the customer or any individual using the customer’s login information, regardless of authorization.
Disclaimer of Warranties
Hbook does not warrant or represent that its services will be uninterrupted, error-free, or completely secure. To the extent permitted by applicable law, Hbook disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. 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 for any indirect, special, incidental, consequential, or punitive damages of any kind. This includes damages that could have been avoided through reasonable diligence, arising in connection with this agreement, even if the party has been advised or should be aware of the possibility of such damages. Notwithstanding any other provision in this agreement, the maximum aggregate liability of Hbook, its employees, agents, or affiliates under any legal theory (including breach of contract, tort, strict liability, or infringement) shall not exceed the amount payable by the customer for six (6) months of service.
Force Majeure
Hbook shall not be held in default of any obligation under this agreement if the failure to perform is due to events beyond its control, including, but not limited to, significant failures of the power grid or the Internet, natural disasters, war, riots, insurrections, epidemics, strikes, organized labor actions, terrorist activities, or other events of similar magnitude.
Terminology
All mentions of “Hbook,” “Hbook Website Design,” or “Hbook (Pty) Ltd” shall also refer to the owner or sole proprietor. All mentions of “client,” “clients,” “third-party client,” or “third-party clients” refer solely to customers of Hbook.
