This Terms of Service Agreement is between Digital Oven and YOU (hereinafter referred to as ‘the client’).
WHEREAS Digital Oven owns and operates the website known as www.digitaloven.co.za which seeks to offer business owners a professional website solution with the options of a website for the client’s business, email hosting, visitor statistics and maintenance.
AND WHEREAS the client wishes Digital Oven to create and maintain their website on an ongoing basis.
AND WHEREAS it is recorded that the relationship between the parties will be that of independent contractors.
OBLIGATIONS OF DIGITAL OVEN
1. Digital Oven will host the client’s website and maintain its online availability to a reasonable degree.
2. Digital Oven will provide 1 hour of updates and/or changes for the client’s website included in the monthly fee. These do not accumulate and expire at the end of each month.
3. In addition to a client’s 1 hour of updates each month, Digital Oven also does routine maintenaince and upgrading of software on the client’s website to ensure the website is safe and secure.
4. Should the client register a domain name through Digital Oven, the domain name will be owned and managed by Digital Oven. Digital Oven will be responsible for all necessary registration and renewal administration.
5. 100% of the client’s first month’s fee is required upfront.
6. All monthly fees are required in advance before the first day of the month.
7. Any fees not received by the 15th of each month will entitle Digital Oven to disable the client’s website.
8. Invoices for the monthly fee will be emailed to the client by Digital Oven on or before the 20th of each month.
9. Any additional changes, over and above the 1 hour of included updates and/or changes for the client’s website, will be billed at R250 per hour.
10. Should the client wish to terminate their service with Digital Oven and keep their domain name, a R400 domain transfer fee will be administered.
11. Digital Oven does not and cannot warrant the performance or results that the client may obtain by creating a website for their business and do not warrant that the use of the client’s website will be uninterrupted or error free.
LIMITATION OF LIABILITY
12. Digital Oven will not be liable to the client for any indirect, incidental or consequential damages or for loss of profit, revenue, data, business or use arising out of this Agreement.
13. Each party (“Indemnifying Party”) hereby agrees to indemnify, defend and hold harmless the other party (“Indemnified Party”) and the Indemnified Party’s officers, employees, representatives and agents, from and against any and all actions, causes of actions, claims, demands, liabilities, losses, judgments, damages or expenses (collectively, “Claim” or “Claims”) which the Indemnified Party may at any time incur, sustain or become subject to.
CANCELLATION AND TERMINATION
14. Either Party may terminate this Agreement without cause by providing not less than 1 (one) month’s written notice to that effect, on the other Party.