By placing an order with Social Fundi for services including, but not limited to, webhosting and domain name registration, you confirm that you are in agreement with and bound by the terms and conditions below.
Social Fundi will carry out work only where an agreement is provided either verbally, by email, telephone, mail or fax. An ‘order’ is deemed to be a written or verbal contract between Social Fundi and the client; this includes telephone, email, and online agreements.
All pricing is subject to change. Social Fundi will provide 30 days notice of any pricing change.
Our Fees, Deposits And Payment Terms
Payment of invoices is required no later than 7 days from the date of the invoice unless by prior arrangement with Social Fundi.
If accounts are not settled or Social Fundi has not been contacted regarding the delay, access to the related website may be denied and web pages removed.
Any additional costs incurred as a result of chasing late debts, including admin, emails, phone calls or faxes or third party charges will be added to the account in question.
All services are rendered ensuring its quality. We generally take upfront and subsequent payments. If at any time in the service rendering process, you are not satisfied with the quality of work, you may bring it to our attention.
We will investigate and decide about the refund. In general, we will not refund payments on time spent/services rendered, since Social Fundi’s charges are based on the hours of work spent on the project. If a customer contravenes Social Fundi terms of service, a refund will not be issued in the event of cancellation.
Refunds are only possible if we are unable to render the services to you. The refund will be based on the hours that you have paid for but not used. No refunds will be given for hours spent on research, development, design and administration.
Cancellation and Refunds
Social Fundi reserves the right to cancel the service at any time. Fees are charged on a Pre-pay basis and are non-refundable. In addition, some accounts incur set-up fees; these charges are also non-refundable.
In this event, customers will be entitled only to a pro-rata refund based upon the remaining period of contract. In case cancellation is initiated by the customer, the customer will be charged our standard hourly charge in addition to any other applicable charge.
If a customer contravenes Social Fundi terms of service, a refund will not be issued in the event of cancellation.
All Hosting is subject to a 12 month contract. If you do not cancel your agreement 30 days before the end of the current year, then you are liable for another 12 months charge.
Refund not applicable on bulk hours.
Refund not applicable on marketing campaigns.
Refund not applicable on SEO services.
Refund not applicable on any form of graphic design services.
Refund not applicable on domain registration fees.
Refund not applicable for express service clients.
Refund not applicable on hosting fees.
Refund not applicable on convenience fees.
Refund not applicable should you find our charges to be higher compared to others and you can’t afford the services;
Refund not applicable if you knew about the particular fault prior to purchase; and/orWere responsible for causing the fault.
Refund not applicable should you decide to discontinue the use of our services
Refund not applicable should you choose the wrong specifications for the service;
Refund not applicable on updates and add-ons on existing website.
Registering a Domain
We do not warrant or guarantee that the domain name applied for will be registered in your name or is capable of being registered by you.
Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified that your requested domain name has been registered.ii. Both the registration of the domain name and its ongoing use are subject to the relevant naming authority’s terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions and that you comply with them.
You irrevocably waive any claims you may have against us in respect of the decision of a naming authority to refuse to register a domain name and, without limitation, agree that the administration charge paid by you to us shall be non-refundable in any event.
We accept no responsibility in respect of the use of a domain name by you. Any dispute between you and any other individual or organization regarding a domain name must be resolved between the parties concerned and we will take no part in any such dispute.
We reserve the right, on our becoming aware of such a dispute, at our sole discretion and without giving any reason, to either suspend or cancel the domain name, and/or to make appropriate representations to the relevant naming authority.
You will keep any passwords or log-in details used in connection with the Service secure and you are totally responsible for when and how your account with us is used and the actions of any people you give your password and log-in details to.
Our Warranties and Liabilities
i. We accept liability for the supply of the Services to the extent provided in this agreement.
ii. We do not warrant that the Services:
(a) provided under this agreement will be uninterrupted or error free;
(b) will meet your requirements, other than as expressly set out in this agreement;
(c) will be free from external intruders (hackers), virus or worm attack, denial of service attack, or other persons having unauthorised access to the services or systems of ours; or
(d) will produce any particular results, data, sales or other return.
(a) we exclude all liability for indirect, incidental, special and consequential loss or damage of any kind, loss or corruption of data, loss of use, loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this agreement and/or its subject matter;
(b) the Services are provided on an ‘as is’ and ‘as available’ basis;
(c) we make or give no express or implied warranties including, without limitation, the warranties of merchantability or fitness for a particular purpose, or arising from a course of dealing, usage or trade practice, with respect to any goods or services provided under or incidental to this agreement;
(d) no oral or written information or advice given by us, our resellers, agents, representatives or employees shall create a warranty or in any way increase the scope of the express warranties hereby given, and you may not rely on any such information or advice;
(e) our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services will be limited to the charges paid by you in the 12 months preceding the claim in respect of the Services which are the subject of any such claim. Any claim must be notified to us within one year of it arising.
iv. We specifically exclude any warranty as to the accuracy or quality of information received by any person via your server and in no event will we be liable for any loss or damage to any data stored on the server. You are responsible for maintaining insurance cover in respect of any loss or damage to your data stored on the Server.
You agree to use all Company services and facilities at your own risk and agree to defend, indemnify, save and hold Social Fundi harmless from any and all demands, liabilities, losses, costs and claims, including reasonable Attorney’s fees asserted against Social Fundi, its agents, its customers, officers and employees, that may arise or result from any services provided or performed or agreed to be performed or any product sold by you, your agent, employees or assigns. You agree to defend, indemnify and hold harmless Social Fundi against liabilities arising out of:
(a) any injury to person or property caused by any products sold or otherwise distributed in connection with Social Fundi Wix server;
(b) any material supplied by you infringing or allegedly infringing on the proprietary rights of a third party;
(c) copyright infringement;
(d) any defective products sold to customers from Social Fundi server and
(e) claims arising from omission to inform or implement the updates needed for the site.
You agree that this indemnification extends to all aspects of the work completed by Social Fundi, including but not limited to website content and choice of domain name.
Suspension and Termination of the Service
i. We may suspend or terminate your account if:
(a) you breach this agreement and fail to rectify any remediable breach within 7 days of us notifying you to do so;
(b) you become insolvent;
(c) you are declared bankrupt; or
(d) we are ordered to do so by a court or pursuant to an arbitration award.
ii. In addition to any other rights we may have under this agreement, you agree that we may, without notice to you and without any liability to us, amend, alter or take down your data or content if we:
(a) receive an order from a court or other competent body requiring us to do so;
(b) are directed to do so by the Australian Communications and Media Authority, any other regulatory body or authority or industry association;
(c) consider in our sole discretion that you are breaching this agreement including without limitation, by infringing third party intellectual property rights, or because your data or content is defamatory, illegal, obscene or breaches a person’s privacy.
iii. From time to time we may have to suspend or disconnect the service without notice or deny your access to the Service during any technical failure, modification or maintenance involved in the Service. We will use reasonable endeavours to procure the resumption of the services as soon as reasonably practicable. In these circumstances you will remain liable for all charges due throughout the period of suspension.
iv. If your account has been suspended or terminated due to your breach, reactivation of your account will be at our discretion. If we agree to reactivate your account, we will require payment in full of all outstanding amounts and payment of a reactivation fee.
v. You may terminate your account or any individual Service with us for any reason at any time by doing so via email. Unless you are terminating your account due to a breach of this agreement by us, refunds for monies paid in advance are provided as follows:
(a) For domain names, no refunds are available.
(b) For one-time Services such as digital certificates no refunds are available.
(c) No refunds are available for Services with 30 days or less of time to run. For Services with more than 30 days of time to run the refund of unused credit will be a whole month pro-rata of the time to run less an early cancellation fee set by us and notified on our website.
vi. If we wish to terminate your Service for reasons other than a breach of these conditions, we can do so by giving you 30 days written notice. In this circumstance, we will refund any remaining unused credit on your account.
vii. If your account is closed for whatever reason you must pay all outstanding charges immediately.
viii. We are under no obligation to provide you with a copy of your data or content if we have suspended or terminated your access to the Service for your breach. If we provide you with a copy of your data or content in such circumstances, we are entitled to charge a fee for doing so. If we terminate your account or any Service in such circumstances we may also at our discretion destroy your data or content. If your data or content is destroyed it may not be recoverable.
ix. You will conduct such tests and computer virus scanning as may be necessary to ensure that data uploaded by you onto or downloaded by you from the server does not contain any computer virus and will not in any way, corrupt the data or systems of any person.
x. You are solely responsible for dealing with persons who access your data and you will not refer complaints or inquiries in relation to such access to us.
xi. You agree that if, in our sole discretion, you are using the Services in a way which is not legitimate, is not in compliance with this agreement or any law that we may suspend, disable, limit or terminate the Services or deny you access to the Service without notice, including taking down any of your data or content.
Changes to Terms
Registering A Domain
On completion of the work you will be notified and the 50% balance of the project price will become due. You have the opportunity to review the final product. You must notify us in writing of any unsatisfactory points within 2 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 2-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deem
Approval Of Work
On completion of the work you will be notified and the 50% balance of the project price will become due. You have the opportunity to review the final product. You must notify us in writing of any unsatisfactory points within 2 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 2-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed.
All quoted prices are exempt of VAT unless specified.
All invoices must be paid in full within 7 days of the invoice date, except where agreed at Social Fundi’s own discretion.
Social Fundi reserves the right to decline further work on a project if there are invoices outstanding with the Customer.
Social Fundi reserves the right to remove its work for you from the Internet if payments are not received. After completion of the site, you or a third party of your choice may wish to edit your website code yourselves to make updates. However, you agree that in so doing you assume full responsibility for any issues which occur as a result of changing the code yourselves. If you or a third party of your choice edits the website code and this results in functionality errors or the page displaying incorrectly, then Social Fundi reserves the right to quote for work to repair the website.
Supply of materials
You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.
You are responsible for all the information provided by you. You will need to get permission for any material content to be incorporated in your website from the relevant person or company if needed. Social Fundi will not be held responsible for information acquired from you. You agree to hold harmless, protect and defend Social Fundi from any claim or suit that may arise as a result of using the supplied media and content.
Copyright of the completed web designs, images, pages, code and source files created by Social Fundi and any other Intellectual properties belong to Social Fundi unless otherwise agreed to before the contract has started.
These Terms of the Agreement grant a non-exclusive limited license to the extent that use of this website is restricted to a single company of yours. You are not permitted to use a design for more than one website without prior written agreement between you and Social Fundi.
You agree that resale or distribution of the completed files is forbidden unless prior written agreement is made between Customer and Social Fundi.
You agree to abide by the terms of any third party software or media included within any work done for you. Examples of this include, but are not limited to, Google maps, RSS feeds, Open Source GPL Software etc.
Social Fundi reserves the right to refuse to handle:
Any media that is unlawful or inappropriate, constitutes harassment, racism, violence, obscenity, harmful intent or spamming, a criminal offence, or infringes privacy or copyright; that contains a virus or hostile program.
During a website project it is important that you communicate information to Social Fundi to achieve the required result. If you fail to provide information and images related to the website in due time, it will lengthen the project and delay the delivery.
Social Fundi will not take responsibility for loss of earnings or any other losses on account of the delay. If you take more than 6 weeks to provide information or artwork directly related to the design or/and development of the project then Social Fundi deems the project as complete and has right to demand full payment.
Search Engine Optimization
By entering in to an agreement (verbal or written) for SEO, you will pay Social Fundi for the contract period set and the hours allocated to do the job.
In case of any delay in payments, Social Fundi reserves the right to suspend the service and not work on the site.
However, you shall be charged for the hours allocated. This will affect your results in the search engine.
However, Social Fundi, at its discretion may decide to reallocate these missed hours, if possible.
You understand that Search Engines are independent companies who select the rank sites using their own criteria. We will optimize your pages to enable them to appear on the regional listings/search engines; however Social Fundi cannot guarantee appearance and position on search engines.
While you must follow Social Fundi’s recommendations for optimizing its website for Search Engine Listing in order to maximize its chances of increasing its Search Engine exposure you acknowledge that Social Fundi does not and cannot guarantee that Customer’s website ranking will be improved in any Search Engine listing.
You agree that the information that you have given us or give to us in the future is correct and is in no way misleading, offensive or against any Country’s Law. You will maintain secrecy of your pass words and will be solely responsible for any unauthorized access to your account by any person.
You represent to Social Fundi and unconditionally guarantee that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Social Fundi for inclusion in Webpages are owned by you, or that you have permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Social Fundi and its subcontractors from any claim or suit arising from the use of such elements furnished by you.
You will have no resell rights.
If you require copies of your site, you will be charged by the hour for any admin costs that are incurred including postage and packaging.
Social Fundi will not be responsible for any Copyright infringement or Domain name infringement against any law in any land brought on by your website.
Social Fundi respects privacy of its clients. Social Fundi will not monitor, edit, or disclose any personal information about your accounts, including hosted content, without your prior consent, unless Social Fundi has a good faith belief that such action is necessary to: (a) comply with legal process or other legal requirements of any relevant authority; (b) protect and defend the rights or property of Social Fundi; (c) enforce the terms of a Task Order, this Agreement or these Terms and Conditions; or (d) protect the interests of users of Social Fundi’s Hosting Services. You acknowledge and agree that your IP address is transmitted and recorded with each message sent from the Hosting Service.
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
Support is available from our office on 0844760310 Social Fundi, we reserve the right to suspend service from time to time for ongoing maintenance.