Terms Of Service

Terms of Service (TOS)

Congratulations on choosing Hostcart!

1. Acceptance of Terms.

This Terms of Service (TOS) agreement is between you (Client) and Hostcart, a Web/Mobile/Graphics Design & Hosting business, and its legal successors and assigns.

By accepting this Terms of Service (TOS) electronically or in writing, and/or by using Hostcart’s services, including but not limited to, submission of content to Hostcart’s design department, payment or authorization of payment, you (Client) agree to be bound by the following terms and conditions. Client also agrees that Client’s electronic acceptance of this TOS shall have the same force and effect as if Client had agreed to this TOS in writing.

Hostcart provides its services to Client subject to the following TOS, which may be updated from time to time without notice. Client should periodically review the most current version of the TOS at http://www.bendwebdesign.co/bend-web-design-tos. Failure to comply with the TOS may result in account termination. By using Hostcart’s services Client agrees to (and hereby signs) the most current version of the TOS. If Client does not expressly reject the TOS and cancel Client’s account within 5 days from the date of initial sale, Client agrees to (and hereby signs) the TOS and Hostcart is instructed to commence work on the Client’s website as if Client had expressly accepted the TOS.

Client’s acceptance of the TOS is binding upon all Hostcart services including the purchase of additional services or additional websites or accounts at a later date.

2. Description of Service

Hostcart designs and hosts websites, mobile app development and graphics designs and provides other website-related services, including, but not limited to, support and modification of websites, mobile applications, e-commerce, flash, web-traffic reporting, database development, easy interface for updating the website, mobile applications, graphic designs, email accounts and additional website-related services. Client understands that Hostcart’s services may include certain communications from Hostcart such as advertisements, notices, service announcements and newsletters. Client is responsible for obtaining access to Hostcart’s services that may involve 3rd party fees (including but not limited to, ISP, merchant accounts and gateways). Client is also responsible for all equipment and software necessary to access Hostcart’s services.

3. Electronic Delivery Policy

Hostcart is a website-related business and communicates with its Clients electronically with the occasional accessment meeting. When Client accepts this TOS Client consents to receive electronically from Hostcart any notices, agreements, disclosures, or other communications (Notices). Client agrees that Hostcart may send electronic Notices in either of the following ways 1) To the email address provided to Hostcart at the time of sale or 2) to the new email address account Client set up through Hostcart. Client agrees to check the designated email addresses regularly for Notices. Notice from Hostcart is effective when sent by Hostcart, regardless of whether the Notice is read or received by Client.

4. Privacy Policy

Personal data and certain other information about the Client are subject to Hostcart’s Privacy Policy. For more information see the privacy policy at http://www.hostcart.co.za/privacy-policy.html. By using Hostcart’s services Client also agrees to the most current version of Hostcart’s Privacy Policy.

5. Call Monitoring and Recording Privacy Statement

As part of Hostcart’s commitment to providing the best possible service Hostcart may monitor and record phone calls answered by Hostcart and made by Hostcart. Hostcart may also archive recorded voice mail messages. Hostcart records calls for training purposes, to improve customer service, and to ensure an accurate record of Client calls, which may be needed to support transactions that take place over the phone. This allows Hostcart to identify how Hostcart can better serve its customers.

6. Unacceptable Practices

As Hostcart strives to offer the very best service, there are certain guidelines and policies that must govern Hostcart’s efforts and relationships with its clients. Practices that are in violation of these guidelines and policies are strictly forbidden and may result in the immediate termination of Hostcart’s services. Such decisions are at the sole discretion of Hostcart. Unacceptable practices include, but are not limited to:

Bulk emailing tools

Distribution of internet viruses or other harmful or destructive activities

Hacking and cracking

Scams or phishing for personal information

Solicitation of funds other than for legal charitable organization (exceptions granted on a case-by-case basis at Hostcart’s discretion)

Harmful, threatening, violent, abusive, harassing, tortuous, vulgar, obscene, libelous, invasive of another’s privacy, racial, chauvinistic, ethnically offensive, complaint websites, or otherwise objectionable content or language

Defamatory, hateful or revenge content or language

Illegal activities such as ponzi schemes, pyramid schemes, fraudulent charging of credit cards, copyright violations, plagiarism, software piracy, and all unauthorized use of materials or content that infringes on third parties’ intellectual properties

MLM without a legitimate product or service, with a front product or service, or where the primary intent is to recruit new members rather than to sell products

Reverse Funnel Systems

Cash Gifting

Illegal drugs or drug paraphernalia

Prescription drugs and related content

Intentional or unintentional violations of any applicable local, state, national or international law.

Reselling of email accounts or hosting accounts to third parties.

Reselling of any Hostcart services including, but not limited to, design services, updates and WTD to third parties without a written re-seller agreement.

Spamming and all other forms of unsolicited messages including, but not limited to, spam, chain letters, and junk email

Links to other sites that are in violation of Hostcart’s policies and guidelines

Other activities, whether lawful or unlawful, that Hostcart deems to be in poor taste or that reflect adversely on Hostcart or Hostcart’s other clients

Hostcart reserves the right to refuse to design or host an account at its sole discretion at anytime.

As a Hostcart Client, you agree to conduct your business in a legal and professional manner. Client understands that all information, data, text, software, music, sound, photographs, video, messages and other material (Content) on Client’s website is the sole responsibility of the Client. Client is fully responsible for all website content and agrees to hold Hostcart harmless in the event of third parties’ legal issues brought against Client for Client’s business practices. Hostcart retains the right to terminate any accounts that are in violation with the letter or spirit of this TOS. Hostcart may also at its sole discretion and at any time, discontinue providing services, or any part thereof, with or without notice. If an account is terminated by Hostcart for a TOS violation the Client is not eligible for a full refund and any refund is subject to the Cancellation Fee and Refund Policy. (See Termination)

As a Hostcart Client you may have access to editing tools for your website. Client may edit, add or delete content to the website at anytime. With this understanding Hostcart may or may not pre-screen content. Hostcart shall have the right (but not the obligation) to pre-screen and refuse or remove any content at its sole discretion. Client agrees that Client bears all risks associated with the use of all content, whether edited or written by Hostcart or not, including any reliance upon accuracy, usefulness or completeness.

Client acknowledges that Hostcart may access, preserve, and disclose Client’s account information and content if required to do so by law or in a good-faith belief that such access, preservation, or disclosure is reasonably necessary to comply with legal processes, enforce the TOS, provide customer service or protect the rights, property, or safety of Hostcart and the public.

7. Intellectual Property Policy

Hostcart respects intellectual property laws, including those applicable to copyright and trademark, and the intellectual property of others. Hostcart may terminate accounts for copyright or trademark infringement, or for any other reason Hostcart deems appropriate as it may relate to Client’s use of another’s intellectual property. If you believe your work has been copied and is accessible on a Hostcart’s website please see Hostcart’s Intellectual Property Policy at http://www.hostcart.co.za/ipp.html

Hostcart will not use copyrighted or trademarked materials on any Client’s website without the express written consent of the copyright or trademark owner. It is Client’s responsibility to ensure that all content submitted to Hostcart is original content and free from third-party copyright or trademark protection, or to obtain permission to use from the copyright or trademark owner. Client assumes full liability for any copyright or trademark infringement of Client’s website on any third-party copyright or trademark, including, but not limited to, any infringement due to website content, website design or the look and feel of Client’s website. (See Unacceptable Practices).

Client content that is sent to Hostcart will remain the intellectual property of the Client. Hostcart does not return original content to the Client. Unless a request to return the original content to the Client is made in writing upon submission of the content, the content will be destroyed. Hostcart will attempt to honor requests to return original content; however, Hostcart has no liability and does not guarantee the return of any content to Client. Domain names purchased by Hostcart and website designs, databases, stores, or programs created by Hostcart are the property of Hostcart until Client has paid all fees including one full year of monthly hosting. (See Domain Names Purchase/Hosting Agreement)

8. International Use

Recognizing the global nature of the internet, Client agrees to comply with all local rules regarding online conduct and acceptable content. Specifically, Client agrees to comply with a) all laws and regulations regarding the transmission of technical data exported from South Africa, or the country in which Client resides and/or transacts business, and b) all laws and regulations regarding the collection and processing of personal data, including those relating to the trans-border transfer of personal data.

9. Interstate Communications

Client acknowledges that by using Hostcart’s services Client will be causing communications to be sent through Hostcart’s computer networks, which may be located throughout South Africa. Due to the nature of electronic communications, even communications that seem to be intrastate can result in the transmission of interstate communications. Client acknowledges that use of Hostcart’s services results in interstate data transmissions and may result in trans-border transfer of personal data. Client hereby consents to the collection, processing and transborder transfer of such personal information as Client may provide or make available to Hostcart.

10. Website Construction Procedure

With help and input from the Client, Hostcart will develop the website. Before work may begin on a website, the Client must electronically accept these Terms of Service. Client may submit content to Hostcart through Hostcart’s online Web Center. In submitting content, links to sample sites the Client likes are for general information purposes only and assist Hostcart with the design of the Client’s custom website. The functionality and detail of the sample sites will not be duplicated unless such functionality and detail are specifically included and itemized in Hostcart’s invoice and/or Database Specifications Summaries and do not infringe upon the intellectual property rights of others.

Hostcart will not be held liable for accuracy of information, typos, or spelling errors in any of the content approved by the Client and published on the website. Client will be notified by email when the website is live.

11. Completion Timeframes

Client understands, agrees and acknowledges that Hostcart does not guarantee a time frame for completion of ANY website. This is in part because it is difficult to complete a website without design approvals and participation from the Client. In addition, if the Client continues to submit additional content throughout the development process, or requests additional modifications to the site design, the completion time frame is increased. Other factors that may influence the completion date of a website include, but are not limited to, complexity of Client’s project(s), availability of Hostcart personnel, accounting status of Client’s account, etc.

If Client does not respond to Hostcart communications and, as a result, Hostcart is not able to start or complete the website, Client is still responsible for all fees incurred including, but not limited to, design purchase price, set-up fees, enhancements purchased and monthly hosting charges that begin accruing from date of sale. If Client’s website requires custom programming, functionality, flash, e-commerce or the use of a database, the overall development time will be extended.

12. Client Approval

Client is responsible for testing the functionality of the website upon Hostcart’s request for approval, and notification that the website has been completed. This includes, but is not limited to, functionality of all website pages, database, e-commerce store, payment functions, galleries, forums etc. Client website may be posted live as soon as the website design is completed by Hostcart. Additional features, such as custom database programming, flash programming, etc., will be added to the site as they are completed. The website may be posted live within 30 days from purchase if Hostcart is required to complete content and design without complete Client input or content from Client.

The Client understands and agrees that if the Client does not respond within 5 business days to Hostcart’s request for approval and notification that the website has been completed and taken live, the website along with the functionality of the website and services rendered, will be deemed to be approved by the Client and Client agrees services have been rendered and the functionality of the website has been tested and approved by the Client.

The Client understands and agrees that if the Client does not respond to requests for missing information a final notification will be sent to the Client. If the Client does not respond within 5 business days to Hostcart’s notification or requests for missing information, the website, along with the functionality of the website and the services rendered, will be deemed to be approved by the Client, and the website will be taken live with the missing information “as-is” or “under construction”. In the event that Hostcart completes all of the work per the original sale and database write ups, Hostcart reserves the right to move the site live and deem the work to be completed without Client’s permission if Client will not give approval of the work.

13. Scope of Work

Client understands that the website purchase and development includes a specific number of pages, features and/or functionality. The Client invoice and/or Database Specifications Summary lists the specific features, functionality and number of pages purchased. The website only includes those items purchased.

If the Client desires additional features, functionality or pages client may request a price quote to purchase as additional enhancements to the website. Additional work requested by the Client outside of the scope of work purchased may be charged at an hourly rate or as specific enhancements.

14. Website Change Requests Before and After Website Goes Live

Hostcart agrees to build a website and/or database to specifications quoted per the original sale and original invoice. Any additions or changes requested outside of the scope of the original sale, either prior to the custom website going live, or after the site has gone live, will be billed at Hostcart’s standard hourly rate. Hostcart is not obligated to complete Client requests or changes outside of the scope of work on the original invoice. If Hostcart does not agree to Client requests or changes, Client is still obligated to pay all fees incurred and due.

15. Database/Programming

Hostcart does not guarantee a time frame for completion of ANY custom database or custom programming completed by Hostcart or a Hostcart Partner. If database is completed by Hostcart A custom “Database Specifications Summary” may be presented to the Client. Hostcart agrees to complete the database design according to the specifications outlined. If the Client does not object or respond to the Database Specifications Summary in writing within 5 business days it will be deemed to be accepted by the Client and Hostcart may proceed with development of the custom database as outlined. A Database Specifications Summary may not be presented to the Client for purchase of pre-built database modules and e-commerce store modules.

If Client requests changes to a pre-packaged database, pre-built database module, or e-commerce store module, changes are to be billed to Client at Hostcart’s standard hourly rate. There is no guarantee that changes made by Hostcart to a pre-packaged database, pre-built database module, or e-commerce store module will work. Client agrees charges are valid and agrees to pay for all fees incurred for Client’s requested changes to pre-packaged databases, pre-built databases modules, or e-commerce store modules. Once work has begun on a database or custom programming there is No Refund if cancelled.

Client is responsible for testing the functionality of the website upon Hostcart’s request for approval and notification that the website has been completed. This includes, but is not limited to, testing the functionality of the custom database or programming. Upon Client approval of the website to go live, Client agrees services have been rendered and functionality of website has been tested and approved by Client. Hostcart will instruct Client as to the use of the custom database and the inputting of data related to such database. However, data entry is the sole responsibility of the Client. If the Client requests Hostcart to enter data into the database, the Client will be charged, and agrees to pay, for such data entry at Hostcart’s standard data entry rates.

16. E-commerce/Stores

Client will be provided with instructions to input products into the store. If Client requests Hostcart to enter products into the store on Client’s behalf, the Client will be charged, and agrees to pay, for each product added to the store at Hostcart’s standard product-entry rates. Client is required to submit store content to Hostcart via Hostcart’s content spreadsheet. The e-commerce store module is pre-built and any changes to the look or functionality of the pre-built store require custom programming. The Client will be billed at Hostcart’s standard hourly rate for requested changes. (See Database/Programming)

Client is responsible for testing the functionality of the e-commerce store upon Hostcart’s request for approval and notification that the website has been completed. This includes but is not limited to testing the payment functionality. Hostcart is not responsible for functionality of third-party services such as, but not limited to, merchant account, or gateway. Upon Client approval of the website to go live, Client agrees services have been rendered and functionality of website has been tested and approved by Client.

17. Enhancements to Website

Client may purchase enhancements to the website at the time of initial sale or anytime thereafter. Enhancements to the website may include, but are not limited to, custom programming, database, flash, e-commerce, logos, galleries, rollovers, etc. Client’s requests for enhancements to the original sale will be due and billed separately and at the time of request. The monthly hosting fee will be adjusted according to the enhancements requested or the hosting package selected by Client. Some enhancements such as, but not limited to, flash, custom programming, functionality, etc, may require that a specifications summary be presented to the Client. If the Client does not object to the specifications summary within 5 business days, the summary will be deemed to be accepted, and Hostcart will proceed with the development as outlined. Once work has begun on enhancements purchased by the Client there is No Refund if cancelled. Enhancements or additional services purchased after the initial sale are separate purchases and are in addition to and separate from the original sale. If a Client cancels an enhancement the original sale is not cancelled.

18. Expedited Services

While Hostcart does not guarantee a time frame for the completion of any custom website, it may offer an optional expedited service to Client for a fee. Expedited service is not available for all accounts and all requests for expedited service must be approved by Hostcart at its sole discretion. Client understands and agrees that Client’s use of expedited service does not guarantee that Client’s website including its corresponding design, enhancements, databases, e-commerce stores, flash, etc, will be completed more quickly than they would be without the use of the expedited service. The expedited service fee only ensures that Hostcart will make reasonable efforts to more quickly assign designers and programmers to the account in an effort to facilitate development than would be the case under the ordinary developmental process.

The successful use of expedited service is contingent upon Client’s timely acceptance of the Terms of Service, payment of any and all fees due, submission of content through the online web center and acceptance of any project specification documents prepared by Hostcart and Client’s timely cooperation with Hostcart in any solicitation for information related to the website’s development.

If expedited service is offered to Client by Hostcart, Client may be presented with an estimated date of completion. Client understands and agrees that such estimated dates of completion are estimates only and may apply only to one particular element of the website, i.e. database, flash, e-commerce, design, and not necessarily to multiple elements of the website or to the website collectively.

Under no circumstances will Hostcart guarantee the respective portion or portions of the website subject to the estimated date of completion to be completed sooner than the estimated date of completion. Should circumstances arise that make it impossible to complete the portion or portions of the website that are subject to the estimated date of completion by the estimated date of completion, including but not limited to Client failure to provide Hostcart with requested information in a timely manner, Hostcart reserves the right to change the estimated date of completion accordingly or to cancel the expedited services and refund a portion of the expedited service fee to Client. In no case shall the portion of the expedited service fee to be refunded be greater than fifty percent (50%) of the expedited service fee. Regardless of whether work is completed by the estimated date of completion, Client remains liable to Hostcart for any and all other charges related to the website’s development.

19. Additional Services

Client may purchase at an additional monthly cost additional services offered by Hostcart. Additional monthly services may include, but are not limited to, the Web Traffic Director program (WTD), spam filters, and back-up software. Additional monthly services include a monthly fee that is incurred and billed every month beginning from the date of purchase of the additional service. Hostcart will Not Refund any fees incurred for additional services or paid by the Client prior to the cancellation effective date for the additional service. Any fees invoiced and incurred are valid and Client agrees to pay. Additional services purchased may be cancelled with 30 days written notice.

20. Email Accounts

Based on the hosting support package purchased, email accounts are also provided. Email accounts may be set up and used immediately upon Client’s purchase of website. Client does not need to wait until custom website is live to use email accounts. To begin using email accounts Client should contact Technical Support at support@hostcart.co.za

21. Technical Support

Hostcart’s technical support department should be contacted at support@hostcart.co.za for any concerns with Client email accounts or any problems with hosting or functionality of the website after the website is live. Hostcart provides technical support for email and down time issues that are caused by Hostcart. Tech support is available for a fee per occurrence and at an hourly rate for all other technical support issues. Client agrees to pay for technical support services requested by Client at Hostcart’s hourly rate and that Hostcart may charge Client’s account for such technical support fees.

If Client uses Hostcart’s technical support services, including but not limited to screen share sessions, Client acknowledges and understands that Hostcart does not warranty that technical support services will meet Client’s requirements or be error free. (See Disclaimer of Warranties and Limitation of Liabilities.)

22. Customer Service

Hostcart strives to offer the best service available. Customer service complaints or concerns should be emailed to service@hostcart.co.za

23. Use and Storage

Client acknowledges that Hostcart may establish general guidelines and limits concerning use of Hostcart’s services and may modify these guidelines at any time. Limits may include but are not restricted to, the maximum number of days that email messages or other content will be retained, maximum number of email messages that may be sent from or received by an account, the maximum size of any email messages sent and the maximum disk space that will be allotted on Hostcart’s servers on Client’s behalf. , Client acknowledges that Hostcart is not responsible for backing up Client’s website and data. Client should seek appropriate backup solutions. Changes made by Client using the editing tool or by Hostcart may be lost if data loss occurs after a scheduled backup by Hostcart.

24. Server Security Practices

Hostcart utilizes security practices that comply with standards set by the Payment Card Industry (PCI) in maintaining its servers. Hostcart will not modify its shared-hosting server settings and configurations to Client’s individual preferences. Hostcart routinely scans its servers to ensure compliance with good security practices. Unauthorized security scanning and penetration testing of shared-hosting servers by the Client is strictly prohibited. Hostcart at its sole discretion may allow or perform server administration and or customization to client accounts that are hosted on a virtual private server (VPS) or a private server. Such server customization and administration is subject to Hostcart standard hourly rates and Client agrees to pay for any and all such customizations requested.

If Client uses its website to collect, store, display, process or otherwise use sensitive or confidential information including but not limited to credit card information, social security numbers, credit or financial information, medical or health care related records, insurance records, sales records, personal information, etc, then Hostcart at its sole discretion may require Client to utilize certain services to improve the security of Client’s website. Such services may include security certificates, hosting Client’s site on a Virtual Private Server (VPS) or on a private server, and using programming that encrypts the sensitive or confidential information used by Client’s website. Client understands and acknowledges that there may be costs associated with these services and agrees to pay for said services if use by Client. Hostcart reserves the right to terminate Client accounts that refuse to meet Hostcart’s security requirements for Client’s website.

25. Design Time/Service Contract

Client may wish to make changes or updates to the live website that Hostcart is hosting. Most changes can be made using Hostcart’s online editors. The online editors may not be available for all websites, or all pages of a website. Availability of the online editors is dependent upon the functionality and specifications required for the Client’s website. If Client desires for Hostcart to make changes to website, design time may be purchased at an hourly rate or in blocks of design time as a Design Service Contract. Hostcart is not responsible for any changes Client makes to website, or if Client breaks the website. Time required by Hostcart to repair changes made by Client will be billed to Client at Hostcart’s standard hourly rate or Hostcart may utilize design time that has been purchased by the Client. Flash updates and PHP updates are considered enhancements or additional services purchased, and are not design updates to the website. The appropriate fee will be charged for the purchase of each enhancement. Design Service Contract time may not be used for Flash updates or PHP updates purchased by the Client. Flash and PHP Service Contracts may also be available for purchase.

26. Monthly Hosting Agreement

Monthly hosting is billed 60 days from the date of sale and is recurrently billed every 30 days thereafter. Monthly hosting begins accruing 30 days from the date of sale, regardless of the date the website goes live, because hosting costs are incurred immediately. Server space is secured for the developing website and/or for existing Client domain names. In addition, email accounts and support are available from the date of sale and are paid for with monthly hosting fees. Client agrees to a one year hosting agreement with Hostcart.

27. Domain Names

Client is responsible for the purchase and renewal of domain names and will be billed directly by domain name provider for annual renewal fees. Client agrees to pay Hostcart for domain names purchased and/or renewed by Hostcart on Client’s behalf.

Domain names purchased by Hostcart on Client’s behalf and website designs, databases, stores, or programs created by Hostcart are the property of Hostcart until Client has paid all fees including one full year of monthly hosting. . Sham purchases of sites may not be transacted with the intent and/or result of having a site built, then transferring the site to another hosting provider. Clients may buy-out their one year hosting agreement by paying 12 months of hosting in advance if they wish to transfer the domain name and content to Client’s control prior to one year of paid monthly hosting. Hostcart expressly reserves the right to retain a copy of any website designs, databases, stores, flash, programs, writings, or any other work created for Client for evidentiary purposes.

Upon transfer of domain and/or website to Client or another service provider, at anytime, Client agrees that Hostcart has met in full its obligation to Client, and Hostcart is released of all past and future obligations to the Client. Additional work and/or hosting done for Client must be agreed to in writing and paid for by Client. Hostcart reserves the right to transfer domain name(s) to Client at anytime. Upon receipt of any legal action or intellectual property disputes Hostcart may transfer domain name to Client at anytime Domain names are purchased through a third party service on Client’s behalf. Hostcart cannot guarantee the availability of domain names and has no liability for a domain name not being available for purchase after the initial sale. If a domain name is not available for purchase Hostcart will assist the Client in selecting and purchasing an alternate domain name. If Client ceases to pay monthly hosting or other fees due ownership of any domain names purchased by Hostcart on Client’s behalf or controlled by Hostcart are transferred to Hostcart. Hostcart may allow domain name to expire, may renew domain name and remain the owner, or Hostcart may sell the domain name at its sole discretion and for Hostcart’s sole benefit.

28. Marketing Representations

Hostcart makes no representations as to the marketing of Client’s products, services or sales. Client’s obligation to pay fees due to Hostcart are due at time of sale of website design and hosting services and are not contingent upon Client’s marketing of said website. Client is responsible for all marketing of Client’s website. Hostcart is not responsible for marketing of Client’s website including search engine rankings. Ultimately the success or failure of the Client’s website is the responsibility of the Client.

29. 90-Day Satisfaction Guarantee

Hostcart provides a 90-day satisfaction guarantee. Hostcart will continue to change and modify the Client’s website to Client’s liking within 90 days from the date of sale or until the website is taken live, whichever comes first, at no additional cost, provided that said revisions are part of the original sale and are not enhancements to the original sale. Changes to the website made after 90 days from the date of the initial sale, or after the website is taken live, will first be billed to the Client’s design time hours available based upon the monthly hosting package purchased by the Client. Changes to the website that exceed the design time hours will be billed to the Client at Hostcart’s standard hourly rate over and above the initial design fee paid. Hostcart does not guarantee that the website designed will be exactly what the Client has envisioned. Hostcart’s best effort will be given for the 90-day satisfaction guarantee but Hostcart is not obligated to complete multiple redesigns or modifications. While Hostcart may agree to make requested changes and to bill the Client’s design time or bill the Client directly, Hostcart is not obligated to complete Client requests or changes outside of the 90-day satisfaction period. If Hostcart does not agree to Client requests or changes, Client agrees and is still obligated to pay all fees incurred and due.

30. Billing Policy

The initial design set-up fee is due and billed in full at the time of the original sale. (Installment payments may be accepted for the set-up fee only if agreed to in writing per the original invoice.) Monthly hosting is billed and due every month beginning 60 days from the date of the original sale. The Client hereby requests that Hostcart renew and bill monthly hosting fees every 30 days thereafter, unless the Client cancels in writing after 12 months of monthly hosting fees have been paid.

Monthly hosting and additional services fees may be billed on the 1st or 15th of each month to coincide with Hostcart’s billing cycles. The amount of the initial design set-up fee and monthly hosting fees are detailed on the original invoice confirming amounts of sale. Monthly hosting amounts may vary depending upon the hosting package selected by Client.

Hostcart reserves the right to change prices at any time including monthly hosting amounts and hourly design fees. All prices are in South African Rands (R) without regard to fluctuations in foreign exchange rates.

Hostcart accepts payment via wire transfer, check, credit card and EFT debit from Client’s bank account. Upon Client’s authorization of payment to Hostcart via credit card, or EFT debit payment, Client thereby authorizes all recurring monthly hosting and/or additional services fees to be charged to the same method of payment, credit card or EFT account for future charges until such authorization is withdrawn by Client in writing.

The Client may change payment methods including credit card and EFT debit payments with 30 days notice. To change payment methods Client should contact Hostcart’s billing department. Client should not email new billing information for security purposes.

Hostcart reserves the right to hold Client, its principals and authorized representative(s) jointly and severally liable for any and all amounts owed.

31. Termination/Cancellation of Services

Hostcart, at its sole discretion, may terminate its service and remove and discard any content, for any reason, including and without limitation, for lack of use, or if Hostcart believes Client has violated the TOS. Hostcart may also at its sole discretion and at any time, discontinue providing services, or any part thereof, with or without notice. Client agrees that any termination of access to Hostcart’s services under any provision of this TOS may be effected without prior notice and that Hostcart may deactivate or delete Client’s account and all related information files. Client agrees that Hostcart shall not be liable to Client or any third-party for any termination of services. Paid accounts that are terminated will not be refunded. Hostcart may suspend or terminate accounts, and shut down website for accounts that become delinquent for more than 30 days, in which case Client remains responsible for any unpaid balance owed to Hostcart. Charges for monthly hosting will continue to incur for delinquent accounts until Client’s one year hosting obligation has been met even if account has been suspended or terminated. Hostcart also reserves the right to discontinue the designing of Client’s website at any time, at Hostcart’s sole discretion, with an appropriate refund to the Client. Under no circumstances is the refunded amount to exceed the amount collected by Hostcart.

If the Client cancels an account before the work is completed or site is live, a cancellation fee is retained per the Cancellation Fee and Refund Policy. Client agrees that all fees incurred and billed prior to cancellation effective date are valid and Client agrees to pay. Upon request for termination of services the website will be removed. A back-up copy of the website is not maintained by Hostcart.

Client agrees to pay all hosting fees and additional services fees owed from the time of sale until the cancellation effective date, and at a minimum for hosting fees for one year. Transferring a domain name to another provider or non-use of Client’s hosting account does not constitute termination of the account. Client must notify Hostcart in writing or via email to terminate the account services and avoid further monthly hosting charges. It is Client’s responsibility to secure confirmation from Hostcart that the request for termination has been received and no further hosting fees will be billed.

Requests for cancellation of website hosting services or additional services should be sent to support@hostcart.co.za

32. Cancellation Effective Date

Client may terminate hosting services with 30 days written notice, after one full year of paid hosting. The effective date of cancellation is to be 30 days from the date of Hostcart’s receipt of written notice to cancel. Any monthly fees scheduled to bill after receipt of written notice to cancel but before the effective date of cancellation are valid and Client agrees to pay.

If Client has not paid all design, enhancement, hosting and additional services fees due, such fees are due in full at the time of cancellation and Client authorizes Hostcart to collect any outstanding fees due, subject to the Cancellation Fee and Refund Policy. Client understands any pending billing for design fee installments previously agreed to will not be cancelled.

33. Cancellation Fee and Refund Policy

WEBSITE DESIGN/DEVELOPMENT – Refunds of the fees paid for development of the website may be issued on accounts cancelled within 90 days of the initial sale and prior to the completion of the website according to the following schedule:

A minimum of a 50% cancellation fee will be retained by Hostcart on cancelled accounts even if no work has been started and no content yet submitted by the Client.

A minimum of a 75% cancellation fee will be retained by Hostcart on cancelled accounts if work has been presented to the Client or Hostcart has made multiple attempts to work with the Client and Client has not responded to those attempts.

A 100% cancellation fee will be retained by Hostcart and NO REFUND issued if any changes and/or modifications requested by the Client have been completed by Hostcart. No Refund will be issued on any website cancelled after services have been rendered, including but not limited to, the design work having been completed and/or the website taken live.

100% cancellation fee will be retained and NO REFUND will be issued by Hostcart if Client cancels after 90 days from the initial sale.

MINIMUM CANCELLATION FEE – Client agrees that a minimum cancellation fee of 50% will be retained by Hostcart on all cancelled accounts even if no work has been started. The cancellation fee is charged to compensate Hostcart for up-front expenses and services rendered, including but not limited to, costs incurred for the purchase of domain name(s) for developing the website, securing server space, creating the temporary website or space saver, employee expenses, marketing, and overhead costs.

ENHANCEMENT SALES – A 100% cancellation fee will be retained by Hostcart and NO REFUND will be issued once work has begun on any enhancements purchased, including, but not limited to, databases, programming, logos, flash, galleries, rollovers, e-commerce stores, security certificates, design time, domain names, etc. A minimum cancellation fee of 50% will be retained on cancelled expedited services. Client agrees that a minimum cancellation fee of 50% will be retained by Hostcart on all cancelled enhancement purchases if cancelled within 90 days of the enhancement sale and if work has not yet begun. NO REFUND will be issued by Hostcart if Client cancels after 90 days from the enhancement sale. Enhancements or additional services purchased after the initial sale are separate purchases and are in addition to and separate from the original sale. If a Client cancels an enhancement the original sale is not cancelled.

MONTHLY HOSTING –

Client agrees that there is NO REFUND of monthly hosting fees or monthly additional services fees incurred or paid by the Client prior to cancellation date.

our history

Web Hosting and Web Development is a huge business, but the truth is that many entrepreneurs quit because they get discouraged when they don’t see instant results. It takes time and a well thought out strategy to make sizeable earnings through Web Hosting and Web Development. Hostcart is a highly successful online business that offers guidance on Web Hosting and the design of your own Website. Our website stands out because we’re not afraid to talk about what really works for you. Where constantly creating unique sites.

Hostcart has extensive experience building profitable Websites and Mobile Apps. What began as a Web Hosting and Web Development eventually transformed into an entity that creates, Mobile Apps, and then eventually sells websites. Hostcart has the ability to grow online businesses at an incredible rate. There is a thousands of ideas, but unless you put action behind them, nothing will come of the idea. There’s no reason to wait for the perfect time to start a project. Start working on it today.

testimonial

We have been dealing with Jaco Bruwer at Hostcart for the past few months.

We are quite impressed with their response times, and the their quick turn-around times.

We would recommend their services to prospective clients for new, and modernisation projects.



Eva De Waal, Business Plan Creators

I want to commend you for your efforts on the “Cajees Timezone” website. Ms and I noticed and appreciated your attention to detail and relentless determination to release a quality product on time.

We are proud to have you as part of our team and look forward to your future contributions. My special thanks to you and your team for the wonderful job you did. We were delighted with the presentation and especially appreciated your suggested modifications. The extra time and effort you put in were certainly worthwhile. It is a joy for us to work with such dedicated and talented colleagues.

Aziza Cajee (Director), Muhammed Saleh (Sales Director) Cajees Timezone

Throughout the entire process, Hostcart demonstrated high professionalism, subject matter expertise and exceeded our expectations in every way.






Danie Malan, DMD Telecoms