Products and / or services offered by Blue Mushroom Design may include, but are not limited to, hosting, Google Ad Campaigns, Registrar White Labelled EPP solution, website design, an online shopping cart that can be integrated into an existing website, blogs, and social media integration where applicable. Blue Mushroom Design reserves the right, in its sole and absolute discretion, to make changes from time to time, and without prior notice, regarding the products or services, that are offered on the website, and as to how they are offered.
Between: Blue Mushroom Design (the ‘Supplier’ / ‘Provider’), and the client (the ‘Customer’)
This agreement is between Blue Mushroom Design, whom shall hereinafter be referred to as the ‘Provider’, and the client’s Duly Authorized Person / Company / Entity / Signatory whom shall hereinafter be referred to as the ‘Customer’. By using the Provider’s internet, e-business & e-commerce solutions, website, hosting, design or any other services that the Provider may offer from time to time, the Customer agrees to the following Terms and Conditions.
Any conduct that violates South African Law, regulatory conditions, and / or the accepted Netiquette on the internet, is expressly prohibited.
It is agreed that the once-off set up fees are a contract with Blue Mushroom Design or it’s representatives payable upfront and is not refundable.
- Subject to the provisions herein, the account will be opened upon receipt of an initial Customer Details Form and Debit Order Instruction, or a completed Order Form received from the Provider’s website, or deposit of the once-off setup fee or part there of or email giving go ahead to proceed with domain registration and website development.
- This term of the agreement shall remain in force for successive monthly / quarterly / bi-annual / yearly periods as agreed at the then applicable rates or fees, unless Written Notice of Cancellation is received from the Customer giving 1 (one) calendar months’ notice for termination of the said Customer’s services.
- This amount is non-refundable and is applicable to all services supplied by the Provider.
– Hosting Service Only: A refund is only applicable should the services be cancelled within the Provider’s Money Back Guarantee period.
– Please Note: that the refund is only applicable to the Hosting Service, and is NOT applicable to any of the Provider’s other services, including the Provider’s Domain Registration service, Google add campaigns or Design and Setup of website services.
- The agreement for services rendered shall continue indefinitely and shall terminate on the expiry of the said Written Notice (refer above).
- Should the Customer enter into a specified fixed contract for services rendered, then that agreement shall terminate after said period. Should the Customer wish to cancel on the exact termination date of the agreement, 1 (one) calendar months’ notice must be given prior to the end of the fixed contract term. Should the Customer not cancel the fixed term contract then it shall continue from thereon on a month-to-month basis.
- Fees for monthly / quarterly / bi-annual / yearly periods for services rendered are payable prior to the beginning of each relative period i.e. monthly, quarterly, bi-annual, or yearly.
- Initial once – off set-up fee includes training.
- Advanced graphic design and customisation, scriptwriting, Google campaigns, excess travel & other extras will be negotiated and agreed upon.
- Customer agrees that once payment of setup fee or part there of or email giving go ahead to proceed with domain registration and website development has been made the customer agrees to all the Terms & Conditions.
- It is agreed that there will be a management fee of 30% on all Google ad campaigns and is payable to Blue Mushroom Design or it’s representatives Upfront and is not refundable.
- It is agreed that the customer is responsible for the accuracy and maintenance of the data on such a website (unless a Support & Maintenance Contract is entered into)
- It is also agreed that the customer is responsible for updating and making changes to the said website by way of the web management portal (unless a Support & Maintenance Contract is entered into.)
- The customer agrees that it will keep the password confidential.
- The Customer hereby agrees to pay any and all legal fees, and related expenses incurred by the Provider in the collection of any outstanding amount/s due to the Provider.
- Should any Customer register for any product/s and/or service/s in the name of the Company and such product/s and/or service/s are not be paid by the Company, for any reason whatsoever, the Customer shall be held responsible and liable in their personal capacity for the payment of any/all product/s and/or service/s, as registered for. Should any Customer register for any product/s and/or service/s in the name of the Company and that Company declares insolvency, the Customer shall be held responsible and liable in their personal capacity for the payment of any/all product/s and/or service/s. Should a Customer apply for Debt Relief while subscribed to the services of the Provider, the Customer will still be held liable for any funds owed to the Provider based on the Debt Relief agreement. Should the Customer at any point fail to pay the Provider any amounts owed according to the Debt Relief agreement, the Customer shall then be immediately liable for the full outstanding amount/s owed. The Provider reserves all rights to take legal action against the Customer in this regard.
- Should the amount due for services charged, be declined or dishonoured, the Provider has the right to immediately suspend/cancel the Customer’s account. The Provider reserves the right at its own discretion to close / terminate the account without notice or prejudice.
- Re-activation of suspended accounts will incur a Reactivation Admin Fee.
- Should the Customer elect to pay via Cash or Cheque payments, services shall only be activated once the proof of payment has been faxed through to the Provider and said amounts are cleared by the bank. The Provider is not responsible for domains being lost, or taken by a third party during the transition period between the registration and the receipt & clearing of the payment for said domains.
- Ownership of goods or services provided by the Provider will only transfer to the Customer once full payment has been received.
- The Provider reserves the right to adjust service charges at its sole discretion. Price changes shall be based on a combination of CPI and electronic communications industry pricing, or rate adjustments. Existing Customers will receive 30 days written notice relating to any price adjustments for any such relevant services offered.
- In the event of a dispute between the Provider and the Customer, the Customer is obliged to continue paying the charges, as they become due and payable, in terms of this agreement. The Customer may not withhold payment for any reason whatsoever.
- The Provider reserves the right to provide services to any Customer, however, should the Provider not wish, for any reason, to provide said services, the Provider may ask the Customer to transfer those services to another provider with immediate effect.
- Costs incurred by the Provider that are either directly, or indirectly, related to services used by the Customer, shall not be refunded, e.g. Domain Registrations, Design work, Once -off setup fees and Google ad campaigns.
- Should the Customer’s account be suspended for non-payment, the Provider reserves the right to place a non-payment page on the Customer’s domain.
- The Customer agrees that the Domain/DNS details shall not be changed, modified, or moved away from the Provider, until full payment is received by the Provider for all services where outstanding monies are owed.
- The Customer warrants that any and all information, e.g. Banking details, Credit Card details, Contact information, etc. as supplied to the Provider, is true and correct. Should the Customer use information illegally, or provide fraudulent details, the Provider has the right to take appropriate action against the Customer.
- If the Customer’s account has not been paid in full, the account and all relevant information will be handed over to an external collection agency.
- Redemption Period: should a domain, .com, .net .co.za or any other local or international TLD enter the redemption period (This is the period after suspension by the Registry) there will be an addition cost to renew / take out of redemption of R275.00. This value includes the cost of renewal of the said domain for the next year.
- Blue Mushroom Design includes a 14 day refund guarantee on hosting services only. All refund / cancellation requests must be submitted within 14 days of the initial order date.
- Any product subject to a successful refund/cancellation request must not be in use, must be un-installed and/or deleted. Blue Mushroom Design may refuse to cancel and/or refund any order that is in use, not un-installed and/or not deleted.
The parties agree that this agreement is subject to change provided that the supplier (Blue Mushroom Design) gives notice at least thirty days in advance. This agreement has no fixed minimum period and either party can give thirty (30) days notice to cancel it. The supplier (Blue Mushroom Design) retains the right to remove sites that are not acceptable or have an unreasonable amount of data and traffic (in the latter case the monthly fee will be renegotiated).
No content related to profanity, gambling, sex, supernatural and paranormal powers are allowed. No refunds will be given for sites suspended due to a contravention of these terms. No refund will be given on any work done to any website, designs or google campaigns.
- The Provider cannot control all Content posted by third parties to the Products and Services, including to the User Interfaces, and does not guarantee the accuracy, integrity, or quality, of such Content. The Customer understands that by using, or purchasing the Product/s, and/or Service/s, that they may be exposed to Content they may find offensive, indecent, incorrect or objectionable. Under no circumstances will the Provider be liable in any way for any Content, including any errors, or omissions, in any content, or any loss, or damage of any kind, incurred as a result of the End User’s use of any said content.
- The Customer agrees to use all the Provider’s services at the Customer’s own risk.
- The Provider specifically disclaims all warranties of merchantability, and fitness, for the particular purpose of quality, accuracy and privacy.
- The services, products and information obtained on, or found through, or in conjunction with, the website are provided as is, without warranty of any kind, either express, or implied.
- Use of any information obtained via the Provider’s facilities, or services, is at your own risk. The Provider specifically denies any responsibility for the accuracy, or quality, of information obtained through its services.
- Under no circumstances, shall the Provider be liable for any loss, or loss of data, or any other damages. The onus is on the Customer to ensure adequate backup of all their data.
- The Customer shall hold the Provider harmless against any claims that the Customer may have against the Provider for any services that the Provider may provide.
- Should the Customer have any domain related issues, for services that the Provider provides to another User, the Provider will abide by the decisions made by the South African Court of Law.
- The Customer agrees to protect and indemnify the Provider against any and all liability, loss, or expenses, arising from claims of defamation, unfair competition, unfair trademarks, trade names, or patents, violations of rights, privacy and/or infringement of copyrights and property, resulting from the Provider’s, or any Customer’s use of the Provider’s services.
- The Provider will not be responsible for any damage the Customer may suffer; this includes loss of data resulting from delays, non-deliveries, or service interruptions, caused by its own negligence, or the Customer’s errors and/or omissions.
- Use of any information obtained via the Provider’s services is at the Customer’s own risk. The Provider specifically denies any responsibility for the accuracy, or quality, of information obtained through its services.
- The Customer subscribed to the Provider’s services, agrees to indemnify, and hold harmless, the Provider from any claims resulting from the use of the service that damages the Customer, or any other party.
- These Terms and Conditions supersede all previous representations, understandings, or agreements, and shall prevail notwithstanding any variance with terms and conditions of any order submitted.
- Use of the Provider’s services constitutes acceptance of these Terms and Conditions.
- The Provider owns the content, graphics, trade-marks, meta tags, domain names, hyperlinks, patents and source code for its websites. The content may not be copied, modified, redistributed, or republished, from any of the Provider’s websites, without the express written consent of an authorized person, as designated by the Provider.
- No person may use, reproduce, or distribute, the intellectual property of the websites, or the Provider, in any manner whatsoever, without the prior written consent of the Provider.
- Should the Provider fail to enforce any condition of this agreement, all other conditions of this agreement shall remain in force within the provisions of the South African Law.
- This agreement sets forth the entire agreement and understanding between the parties and merges all prior discussion between them. The Provider reserves the right to add, delete, or modify any provision of this Policy at any time without notice. This agreement may not be modified except by the written consent of the Provider.