Web development
1. A 50% deposit will be charged before any work is started and the full balance is due as the website goes live. Monthly or yearly hosting, DNS managers or domain registration must be paid in advance.
2. Initial meetings regarding new projects and developments are not charged for at our premises. If a meeting takes place at the premises of the client, a callout-charge of R350 plus our normal hourly rate will be charged for these meetings
3. All the programming, source files and any website specific work completed remains the property of Flashweb until they are fully paid for.
4. Since we are using the resources of various in-house developers and graphic designers the hourly rate for any additional programming will be specified in the quotation depending on what level of programming or skills are required for the development.
5. Flashweb reserves the right to adjust the hourly rate to existing clients with a one month notice period. Generally prices will be reviewed yearly on the 1st of March.
6. The amount of hours of training that are included in our projects will be specified individually with each quotation. After this, our quoted hourly rate will be charged for, for telephonic support and/or training at our premises.
7. All additional support will be booked via our ticketing system as and will be logged in 30 minute increments.
8. All additional training must be booked as an appointment and will be logged in 60 minute increments.
9. All training and meetings with clients must be pre-arranged on an appointment basis.
10. If any information is submitted by the client later than agreed, obligations made to other clients will be honored first, before we commence with the outstanding work. New lead times will be calculated depending on our backlog at the time.
11. After the site has gone life and has been paid for, the client has a period of 14 days to hand in a snag list. Any work not specified in the snag list will be seen as maintenance and will be charged for.
12. If a date is agreed on for going live and the client has delayed the process by not supplying required info on time, the balance of the website is due on the date that was agreed originally for going live.
13. Since open source software is not charged for, it is installed as it is in its present stage of development. Any time spend on uploading or integrating updates for open source software will have to be first approved by the client and then charged for at our quoted hourly rate. Flashweb will not be held responsible for any bugs and/or problems caused by third party software.
14. Once the required information regarding the website has been given to Flashweb it is considered final and any further changes will be charged for at our quoted hourly rate.
15. All telephonic instructions must be confirmed via our ticketing system before we start with any work.
16. Unless otherwise agreed on by both parties in writing, Flashweb reserves the right to have our small Design & hosting by Flashweb link at the bottom of the website.
17. Any work that is done after the website has been published and has been paid for, will be treated as maintenance and will be charged for at our normal hourly rates unless it is quoted as a fixed cost for a specified project.
18. Part of the training for all our projects is how to make your own backups of the website onto your PC. Although Flashweb makes regular server-based backups, we will in no way be held responsible for any data that is lost.
Hosting
1. All email accounts from our Flashweb server can be tested on your PC by using command prompt in Windows as follows:
a. Open command prompt:
b. Type in: telnet [yourdomain (e.g. www.flashweb.co.za) ] 110
c. PC will prompt: “Hello there”
d. Type in: user [your email address]
e. PC will prompt: “+Ok password required”
f. Type in: pass [your email password]
g. If the incoming Flashweb server is working properly the PC will prompt: “+Ok logged in”
In this case we will show you how to set up the email on your PC via the telephone if you are using Outlook or Outlook Express on your PC. (If you have any other program, you will have to do the settings yourself by using the info below)
2. If the Flashweb server has been tested via the procedure above, and the email is still not working after we have helped with the settings, then it is due to one of the following issues:
a. A typing error of the client
b. A connectivity problem
c. Firewall settings
d. You ISP does not allow you to use your own outgoing server
In this case the client will then have to get in their own IT specialist to set up the emails on your PC as follows:
e. Mail Server Username: name@yourdomain.co.za
f. Incoming Mail Server: mail.yourdomain.co.za
g. Outgoing Mail Server: mail.yourdomain.co.za (server requires authentication).
h. NB! Sometimes service providers block the usage of other SMTP mail servers. In this case you would have to use the SMTP server of your service provider.
i. Supported Incoming Mail Protocols: POP3, POP3S (SSL/TLS), IMAP, IMAPS (SSL/TLS)
j. Supported Outgoing Mail Protocols: SMTP, SMTPS (SSL/TLS)
3. It is the client’s responsibility to make backups on a regular basis. Flashweb will not be held responsible for any data loss whatsoever
4. All services provided by Flashweb Development and Hosting cc are to be used for lawful purposes only. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless Flashweb Development and Hosting cc, from any claims resulting from the subscriber's use of Flashweb Development and Hosting cc's services which damages the subscriber or any other party.
5. Pornography and sex related merchandising are prohibited on any Flashweb Development and Hosting cc shared account. This includes sites that may imply sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Flashweb Development and Hosting cc servers or any other server on the Internet. Links to such materials are also prohibited.
6. Examples of prohibited content or links include (but are not limited to):
a) IRC Software
b) Pirated software
c) Hacking sites, programs or archives
d) Warez Sites
e) Distribution of music files or any other material in which the account holder does not own the copyright.
f) Adult Sites
g) Game Servers (dedicated game server programs)
h) Flashweb Development and Hosting cc will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.
7. Housing of any of the following files is considered a violation of the terms of service:
a) IRC - We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited. Also any program that acts like an IRC server or that provide chat functions that run as background processes are not allowed.
b) Proxies - We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.
c) Port Scanning - We do not allow any kind of port scanning to be done on or from our servers or network.
d) Commercial Advertising - Email -
e) Spamming, i.e. the sending of unsolicited email, from any Flashweb Development and Hosting cc server or any server located on the Flashweb Development and Hosting cc network is STRICTLY prohibited. Flashweb Development and Hosting cc will be the sole arbiter as to what constitutes a violation of this provision. This also includes Opt in, Opt out mail programs and mail that either directly or indirectly references a domain contained within an account at Flashweb Development and Hosting cc.
f) Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Flashweb Development and Hosting cc customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to or from any Flashweb Development and Hosting cc - hosted domain, or referencing any Flashweb Development and Hosting cc account, is prohibited.
g) Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks is prohibited.
h) Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.
i) Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.
j) ShoutCast Servers - We do not allow Shoutcast Servers due to bandwidth and load issues.
k) Background Running Programs - We ask that users request permission before enabling persistent background processes of substantial load.
l) PHP Shell - PHP Shells or any likeness thereof are prohibited. Files with any reference to PHP Shells or likeness thereof are prohibited.
8. Server Abuse - Any attempts to undermine or cause harm to a Flashweb Development and Hosting cc server or subscriber of Flashweb Development and Hosting cc is strictly prohibited including, but not limited to:
a) Logging into a server or account that you are not authorized to access.
b) Accessing data or taking any action to obtain services not intended for you or your use
c) Attempting to probe, scan or test the vulnerability of any system, subsystem or network
d) Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization.
e) Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the System.
f) Interfering with, intercepting or expropriating any system, data or information.
g) Interfering with service to any user, host or network including, without limitation, by means of overloading, "flooding," "mail bombing," or "crashing" any computer system.
9. You will be held responsible for all actions performed by your account whether it be done by you or by others.
10. All sub-networks of Flashweb Development and Hosting cc and all dedicated servers must adhere to the above policies.
11. Scheduled Maintenance and Downtime.
Flashweb Development and Hosting cc will use its commercially reasonably efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades ("Scheduled Downtime"); or service malfunctions, and causes beyond Flashweb Development and Hosting cc's control or which are not reasonably foreseeable by Flashweb Development and Hosting cc, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. Flashweb Development and Hosting cc will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. Flashweb Development and Hosting cc has no responsibility for downtime resulting from a user's actions.
12. Refunds:
a) Setup fee is NON refundable.
b) Any violation of Flashweb Development and Hosting cc's Terms and Conditions Agreement shall result in no refund.
13. Limitations on Use:
a) Any account using 15% or more of the server CPU or memory can be suspended and/or terminated.
b) Any account that uses excessive amounts of bandwidth can and will be subjected to bandwidth throttling.
c) Background Processes. Unauthorized background processes shall result in immediate termination of the account.
d) Flashweb Development and Hosting cc maintains the right to cancel accounts at its discretion.
14. Account Setup, Termination, and Billing:
a) The account will be charged on the day the order is processed, regardless of the account billing date.
b) The account will not be charged again until the next month's billing cycle.
c) Billing dates are on the 1st of every month.
15. Disabling of accounts due to overdue payment:
a) If the hosting accounts are not paid for by the 3rd of each month, Flashweb reserves the right to suspend these hosting and email accounts without any prior notice.
b) If your account has been disabled, you may be charged a reconnection fee of up to R150 in order to re-enable your account.
16. Termination of accounts due to overdue payment:
a) If the account is not paid within 15 days of the invoice date, the account will be terminated and all information within the account will be deleted
17. Cancellation Procedure:
Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, billing information in the form of a partial credit card number or other payment information, or the billing password. Non-secure information, such as the contact email address or account billing address, is not sufficient as security verification.
18. Domain Name Transfers:
Flashweb Development and Hosting cc shall not be held responsible for domain transfers. The account holder is responsible for completing any necessary domain name transfers.
19. Courtesy Services for Customers.
a) All services such as backup and Cpanel are provided for the courtesy of the subscriber. It is the sole responsibility of the subscriber to maintain the subscriber's own backup of any data.
b) Flashweb Development and Hosting cc is not responsible for lost data or for lost data due to third party software that is not maintained by Flashweb Development and Hosting cc programming staff.
c) Cpanel is not associated with Flashweb Development and Hosting cc and any support regarding the use of Cpanel can be found in the supporting documents of the control panel.
d) Flashweb will only offer telephonic support with the cpanel as far as the mail is concerned.
20. Limitation of Damages.
Recovery of damages from Flashweb Development and Hosting cc may not exceed the amount of fees it has collected on the account.
21. General.
a) Terms and Conditions are subject to change without any prior notification.
b) These Terms and Conditions are a legally binding contract between the subscriber and Flashweb Development and Hosting cc
c) By opening an account, the subscriber agrees to the above-stated terms.
d) Anything not listed in the Terms and Conditions is open to interpretation and change by Flashweb Development and Hosting cc administrators without prior notice.
e) All prices are nonrefundable and nonnegotiable.
f) Any violation of these Terms and Conditions will result in termination of the account.
22. With any breach of our terms and conditions, Flashweb Development and Hosting cc maintains the right to terminate accounts without prior notification.