Legal2021-06-03T13:12:28+02:00

Acceptable Use Policy

This Policy forms part of the Agreement between the Client and Doddel Media and is binding on Clients using Doddel Media’s services. The AUP sets out in detail what forms of conduct Doddel Media regards as unacceptable on the part of its Clients and the steps which Doddel Media may take in response to unacceptable use of its services. Please take the time to acquaint yourself fully with the provisions of this Policy.

1. General

1.1 By contracting with Doddel Media for services, the Client agrees, without limitation or qualification, to be bound by this Policy and the terms and conditions it contains, as well as any other additional terms, conditions, rules or policies which are displayed to the Client in connection with the Services.

1.2 The purpose of this AUP is to:

1.2.1 ensure compliance with the relevant laws of the Republic;

1.2.2 specify to Clients and users of Doddel Media’s service what activities and online behaviour are considered an unacceptable use of the service;

1.2.3 protect the integrity of Doddel Media’s network; and

1.2.4 specify the consequences that may flow from undertaking such prohibited activities.

1.3 This document contains a number of legal obligations which the Client will be presumed to be familiar with. As such, Doddel Media encourages the Client to read this document thoroughly and direct any queries to hosting@doddel.co.za.

1.4 Doddel Media respects the rights of Doddel Media’s Clients and users of Doddel Media’s services to freedom of speech and expression, access to information, privacy, human dignity, religion, belief and opinion.

2. Unacceptable Use

2.1 Doddel Media’s services may only be used for lawful purposes and activities. Doddel Media prohibits any use of its Services including the transmission, storage and distribution of any material or content using Doddel Media’s network that violates any law or regulation of the Republic. This includes, but is not limited to:

2.1.1 Any violation of local and international laws prohibiting child pornography, obscenity, discrimination (including racial, gender or religious slurs) and hate speech, or speech designed to incite violence or hatred, or threats to cause bodily harm.

2.1.2 Any activity designed to defame, abuse, stalk, harass or physically threaten any individual in the Republic or beyond its borders; including any attempt to link to, post, transmit or otherwise distribute any inappropriate or defamatory material.

2.1.3 Any violation of Intellectual Property laws including materials protected by local and international copyright, trademarks and trade secrets.

2.1.4 Any violation of another’s right to privacy, including any effort to collect personal data of third parties without their consent.

2.1.5 Any fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; the impersonation of another client without their consent; or any attempt to enter into a transaction with Doddel Media on behalf of another client without their consent.

2.1.6 Any violation of the exchange control laws of the Republic.

2.1.7 Any activity that results in the sale, transmission or distribution of pirated or illegal software.

3. Threats to Network Security

3.1 Any activity which threatens the functioning, security and/or integrity of Doddel Media’s network is unacceptable. This includes:

3.1.1 Any efforts to attempt to gain unlawful and unauthorised access to the network or circumvent any of the security measures established by Doddel Media for this goal.

3.1.2 Any effort to use Doddel Media’s equipment to circumvent the user authentication or security of any host, network or account (“cracking” or “hacking”).

3.1.3 Forging of any TCP/IP packet headers (spoofing) or any part of the headers of an email or a newsgroup posting.

3.1.4 Any effort to breach or attempt to breach the security of another user or attempt to gain access to any other person’s computer, software, or data without the knowledge and consent of such person.

3.1.5 Any activity which threatens to disrupt the service offered by Doddel Media through “denial of service attacks”; flooding of a network, or overloading a service or any unauthorised probes (“scanning” or “nuking”) of others’ networks.

3.1.6 Any activity which in any way threatens the security of the network by knowingly posting, transmitting, linking to or otherwise distributing any information or software which contains a virus, trojan horse, worm, malware, botnet or other harmful, destructive or disruptive component.

3.1.7 Any unauthorised monitoring of data or traffic on the network without Doddel Media’s explicit, written consent.

3.1.8 Running services and applications with known vulnerabilities and weaknesses, e.g. insufficient anti-automation attacks, any traffic amplification attacks, including recursive DNS attacks, SMTP relay attacks.

3.1.9 Failing to respond adequately to a denial of service attack (DOS / DDOS).

4. Contention

4.1 Network capacity and performance is subject to contention for services from users. This means that a significant rise in demand can affect the availability of bandwidth to users. Doddel Media manages contention through the implementation of Quality of Service, Shaping and Throttling (on applicable products). Contention is a function of demand from users and is not strictly within Doddel Media’s direct control, however Doddel Media will use the provisions of the AUP and Terms and Conditions to manage contention and minimise the impact to performance to offer the best possible experience at all times.

5. Spam and Unsolicited Bulk Mail

5.1 Doddel Media regards all unsolicited bulk email (whether commercial in nature or not) as spam, with the following exceptions:

5.1.1 Mail sent by one party to another where there is already a prior relationship between the two parties and the subject matter of the message(s) concerns that relationship.

5.1.2 Mail sent by one party to another with the explicit consent of the receiving party.

5.1.3 Clients should only receive bulk mail that they have requested and/or consented to receive and/or which they would expect to receive as a result of an existing relationship.

5.2 Doddel Media will take swift and firm action against any user engaging in any of the following unacceptable practices:

5.2.1 Sending unsolicited bulk mail for marketing or any other purposes (political, religious or commercial) to people who have not consented to receiving such mail.

5.2.2 Using any part of Doddel Media’s infrastructure for the purpose of unsolicited bulk mail, whether sending, receiving, bouncing, or facilitating such mail.

5.2.3 Operating or maintaining mailing lists without the express permission of all recipients listed. In particular, Doddel Media does not permit the sending of “opt-out” mail, where the recipient must opt out of receiving mail which they did not request. For all lists, the sender must maintain meaningful records of when and how each recipient requested mail. Doddel Media will also monitor Clients deemed to be operating “cleaning lists”, which is using illegally obtained email addresses but removing addresses as complaints arise. Should Doddel Media, at its discretion, believe that this is the case, it will be treated as SPAM.

5.2.4 Failing to promptly remove from lists invalid or undeliverable addresses or addresses of unwilling recipients or a recipient who has indicated s/he wishes to be removed from such list, or failing to provide the recipient with a facility to opt-out.

5.2.5 Using Doddel Media’s service to collect responses from unsolicited email sent from accounts on other Internet hosts or e-mail services that violate this AUP or the AUP of any other Internet service provider. Advertising any facility on Doddel Media’s infrastructure in unsolicited bulk mail (e.g. a website advertised in spam).

5.2.6 Including Doddel Media’s name in the header or by listing an IP address that belongs to Doddel Media in any unsolicited email whether sent through Doddel Media’s network or not.

5.2.7 Failure to secure a Client’s mail server against public relay as a protection to themselves and the broader Internet community. Public relay occurs when a mail server is accessed by a third party from another domain and utilised to deliver mails, without the authority or consent of the owner of the mail-server. Mail servers that are unsecured against public relay often become abused by unscrupulous operators for spam delivery and upon detection such delivery must be disallowed. Doddel Media reserves the right to examine users’ mail servers to confirm that no mails are being sent from the mail server through public relay and the results of such checks can be made available to the user. Doddel Media also reserves the right to examine the mail servers of any users using Doddel Media’s mail servers for “smarthosting” (when the user relays its mail via an Doddel Media mail server to a mail server of its own or vice versa) or similar services at any time to ensure that the servers are properly secured against public relay. All relay checks will be done in strict accordance with Doddel Media’s Privacy Policy and the laws of South Africa.

6. Users Outside of South Africa

6.1 Where any user resides outside of the Republic, permanently or temporarily, such user will be subject to the laws of the country in which s/he is currently resident and which apply to the user. On presentation of a legal order to do so, or under obligation through an order for mutual foreign legal assistance, Doddel Media will assist foreign law enforcement agencies (LEAs) in the investigation and prosecution of a crime committed using Doddel Media’s resources, including the provisioning of all personal identifiable data.

7. Hosting

7.1 Doddel Media offers unlimited bandwidth (web traffic) usage on Shared Hosting platforms. However, this is subject to reasonable and responsible usage, as determined at Doddel Media’s discretion. Shared Hosting is designed for serving personal hosting requirements or that of small enterprises, and not medium to large enterprises. Doddel Media reserves the right to move Clients deemed to have excessive bandwidth usage to a Cloud product, which will better suit their requirements. Clients will be given notice as such, and will be informed of any cost implications.

7.2 Disk Space on Shared Hosting may only be used for Website Content, Emails and related System Files. General data storage, archiving or file sharing of documents, files or media not directly related to the website content is strictly prohibited. Unauthorised storage or distribution of copyrighted materials is prohibited, via FTP hosts or any other means.

7.3 For Shared Hosting and Managed Dedicated Solutions, Doddel Media will implement security updates, software patches and other updates or upgrades from time to time, to maintain the best performance, at their sole discretion. These upgrades include, but are not limited to, PHP, MySQL, CPanel and TruServ release versions. Doddel Media is under no obligation to effect such upgrades, or to rectify any impact such changes could potentially have to Hosting Clients.

7.4 Doddel Media will not be liable or responsible for the backing up, restoration or loss of data under any circumstances. Clients are solely responsible for ensuring their data is regularly backed up and for restoring such backups in the event of data loss or corruption.

7.5 Doddel Media prohibits Clients from doing the following on hosting platforms administered by Doddel Media:

7.5.1 Running applications that are not production-ready. Any applications on the hosting platform must be optimised with respect to memory usage and must have appropriate data indexing.

7.5.2 Running applications with inadequate security controls.

7.5.3 Generating significant side-channel traffic from an application, whether by design or otherwise. Databases should be stored locally, and remote content should be cached.

7.5.4 Failure to maintain proper “housekeeping” on a shared server including storing or generating useless content, including comment spam, unused cache files, log file and database entries.

7.5.5 Storing malicious content, such as malware or links to malware.

7.5.6 Monopolising server resources, including CPU time, memory, network and disk bandwidth.

7.5.7 Maintaining long-running processes and long-running database queries.

7.5.8 Storing or running back-door shells, mass mailing scripts, proxy servers, web spiders, phishing content, or peer-to-peer software.

7.5.9 Sending bulk mail of any form, particularly mail that cannot be efficiently delivered due to volume or incorrect addresses.

7.5.10 Using poor passwords.

7.5.11 Sharing security credentials with untrusted parties.

7.5.12 Running Torrents for download or Seed Servers.

7.5.13 Running TOR (or other Online Anonymity Services).

7.5.14 Otherwise circumventing the Acceptable Use Policy or intended use of the product.

7.6 Doddel Media strictly prohibits any crypto currency associated activities or mechanisms to be run on any part of our hosting network or servers within our hosting environment.

8. Protection of Minors

8.1 Doddel Media prohibits Clients from using Doddel Media’s service to harm or attempt to harm a minor, including, but not limited to, by hosting, possessing, disseminating, distributing or transmitting material that is unlawful, including child pornography and cyber bullying.

8.2 Doddel Media prohibits Clients from using Doddel Media’s service to host sexually explicit or pornographic material of any nature.

9. Privacy and Confidentiality

9.1 Doddel Media respects the privacy and confidentiality of Doddel Media’s Clients and users of Doddel Media’s service. Please review Doddel Media’s Privacy Policy which details how Doddel Media collects and uses personal information gathered in the course of operating its Services.

10. User Responsibilities

10.1 Clients are responsible for any misuse of Doddel Media’s services that occurs through the Client’s account. It is the Client’s responsibility to ensure that unauthorised persons do not gain access to or misuse Doddel Media’s service.

10.2 Doddel Media urges Clients not to reply to unsolicited mail or “spam”, not to click on any suggested links provided in the unsolicited mail. Doing so remains the sole responsibility of the Client and Doddel Media cannot be held liable for the Client being placed on any bulk mailing lists as a result.

10.3 Where the Client has authorised a minor to use any of the Doddel Media’s services or access its websites, the Client accepts that as the parent/legal guardian of that minor, the Client is fully responsible for: the online conduct of such minor, controlling the minor’s access to and use of any services or websites, and the consequences of any misuse by the minor.

11. Complaints Procedure

11.1 Complaints relating to the violation of this AUP should be submitted in writing to hosting@doddel.co.za. Complaints must be substantiated, and unambiguously state the nature of the problem, and its connection to Doddel Media’s network and services.

12. Action Following Breach of the AUP

12.1 Upon receipt of a complaint, or having become aware of an incident, Doddel Media may, in its sole and reasonably-exercised discretion take any of the following steps:

12.1.1 In the case of Clients, warn the Client, suspend the Client account and/or revoke or cancel the Client’s Service access privileges completely;

12.1.2 In the case of an abuse emanating from a third party, inform the third party’s network administrator of the incident and request the network administrator or network owner to address the incident in terms of this AUP and/or the ISPA Code of Conduct (if applicable);

12.1.3 In severe cases suspend access of the third party’s entire network until abuse can be prevented by appropriate means;

12.1.4 In all cases, charge the offending parties for administrative costs as well as for machine and human time lost due to the incident;

12.1.5 Assist other networks or website administrators in investigating credible suspicions of any activity listed in this AUP;

12.1.6 Institute civil or criminal proceedings;

12.1.7 Share information concerning the incident with other Internet access providers, or publish the information, and/or make available the users’ details to law enforcement agencies; and/or

12.1.8 suspend or terminate the Service as provided for in the Agreement.

12.2 This policy applies to and will be enforced for intended and unintended (e.g., viruses, worms, malicious code, or otherwise unknown causes) prohibited usage.

13. Reservation and Non-Waiver of Rights

13.1 Doddel Media reserves the right to amend or alter this policy at any time, and without notice to the Client.

13.2 Doddel Media reserves the right to take action against any individuals, companies or organisations that violate the AUP, or engage in any illegal or unlawful activity while accessing Doddel Media’s services, to the fullest extent of the law.

13.3 Doddel Media reserves the right, at its sole discretion, to act against other types of abuse not listed in this document and to investigate or prevent illegal activities being committed over Doddel Media’s network.

13.4 Doddel Media does not waive its right to enforcement of this AUP at any time, or prejudice its right to take subsequent action, should Doddel Media fail, neglect or elect not to enforce a breach of the AUP at any time.

Brand Creation T’s & C’s

This is our “Brand Creation” Terms and Conditions, which is designed to give you peace of mind in working with us relating to our “Brand Creation” service offering.

In short, these “Brand Creation” Terms and Conditions says that your intellectual property is yours and that your Brand will be fully owned by you. It also covers the services offered to you in the “Brand Creation” offering as well as the fee structure and all other important terms and conditions that protect both of us.

You are entering into this agreement between yourselves, you and or your company and in so doing, you warrant and undertake that you are duly authorised to agree to these terms. Hereinafter, you in your singular or plural form and or your company will be referred to as “The Client” and Doddel Media (Pty) Ltd, the service provider responsible for the completion and work of your “Brand Creation” will hereinafter be referred to as “The Company”.

“The Company” will create and develop your Brand as part of the “Brand Creation” service offering, which will include, but may not be limited to:

1. “Brand Creation” Services:

• Logo Design
• Brand Messaging
• Brand Positioning
• Style Guide
• Social Media Branding

2. Compensation

“The Company” provides “The Client” with the “Brand Creation” offering which includes the services listed under clause 1 of this agreement. The pricing for this service is published online and may be subject to change without prior notice.

3. Time Frame of Completion

Based on demand at any given time, “The Company” will communicate both on its Website, Social Media Platforms and via email to “The Client” of the time and duration to complete the “Brand Creation”.

4. Copyrights and Trademarks

By supplying text, images and other data to “The Company” for inclusion in “The Client’s“, “Brand Creation”, “The Client” declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with “The Client”, or rightful copyright or trademark owner. By supplying images, text, or any other data to “The Company”, “The Client” grants permission to use this material freely in the pursuit of the design. Should “The Company”, or “The Client” supply an image, text, audio clip or any other file for use in the “Free Website” believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, “The Client” will agree to allow “The Company”, to remove and/or replace the file on the site. “The Client” agrees to fully indemnify and hold “The Company”, free from harm in any and all claims resulting from “The Client” in not having obtained all the required copyright, and/or any other necessary permissions.

5. Images

“The Company”, will attempt to ensure that only royalty free images are used in custom designs. It is agreed that “The Company”, employees, directors and suppliers, will not be held liable for any damages, costs and expenses, including reasonable legal fees, arising out of or related issues, copyright, or trademark infringement resulting from images used upon request of “The Client” or provided by “The Client”.

6. Indemnity

“The Client” shall indemnify “The Company”, in respect of all financial liability arising out of any claims made against “The Company”, alleging infringement of any intellectual property rights if such claim arises from the use of information, inventions, ideas, designs, artwork, copy or other material provided by “The Client”.

7. Data and Financial Security

“The Client” agrees and acknowledges that they are responsible for protecting the integrity of all of “The Client’s” own data including, but not limited to, any data accessible via the Website, web hosting account, and all relevant plugins. “The Client” also agrees and acknowledges to be bound by “The Company’s” AUP and Website Hosting Terms and Conditions respectively.

8. Confidentiality

Each party undertakes during this agreement and at all times thereafter, to hold in trust and confidence all confidential information which comes into its possession or which becomes known to it in the course of Doddel Media’s consultancy to “The Client”, and not to disclose or make use of that confidential information in any way whatsoever, or to make the confidential information available to others, without the prior written consent of the other party.

9. Limitation of Liability

a. Notwithstanding any other provision in this Agreement, in no event shall the parties herein be responsible to each other or to any third party for any special, incidental, punitive, indirect or consequential losses or damages of any kind, directly or indirectly in connection with this agreement, including, without limitation, loss of profits, loss of earnings, loss of business opportunities even if they have been informed in advance of the possibility of such damages, and whether or not such damages are foreseeable.

b. The entire aggregate liability of Doddel Media and “The Client” including without limitation, any liability for the acts and omissions their employees, agents, and subcontractors towards each other in connection with this agreement including contractual breach whether fundamental or otherwise, any representation, statement or unlawful act or omission including negligence arising under or in connection with this agreement, shall not exceed the agreed to fee as to the Services provided herein.

10. Jurisdiction and Venue

This Contract and any other matters concerning the relationship between “The Company” and “The Client” shall be governed by and construed in accordance with the Laws of South Africa. Any dispute that might arise between the Parties shall fall within the jurisdiction of the Cape Town High Court.

11. Force Majeure (“Act of God”)

a. Either party shall be relieved of liability for the non-performance or defective performance of any of its obligations under this agreement caused by an act of “Force Majeure” beyond the reasonable control of that party.

b. A party subject to “Force Majeure” shall as soon as possible notify the other party in writing of the circumstances amounting to force majeure and shall provide an estimate (which shall be updated in writing from time to time) of when those circumstances are expected to cease to apply.

c. In conditions of “Force Majeure”, each party shall take all reasonable steps by whatever lawful means are available to resume all performance of the parties’ obligations under this agreement as soon as reasonably possible and shall discuss with the other party ways and means to overcome such conditions.

d. If conditions of “Force Majeure” persist continuously in respect of a party for a period in excess of six weeks and have a material adverse effect on the other party, and the parties are within such period unable to reach written agreement on amendments to the relevant provisions of this agreement to take into account such conditions, the other party may terminate this agreement with immediate effect on written notice.

Custom Website T’s & C’s

This is our “Custom Website” Terms and Conditions, which is designed to give you peace of mind in working with us relating to our “Custom Website” service offering.

In short, these “Custom Website” Terms and Conditions says that your intellectual property is yours and that your Brand will be fully owned by you. It also covers the services offered to you in the “Custom Website” offering as well as the fee structure and all other important terms and conditions that protect both of us.

You are entering into this agreement between yourselves, you and or your company and in so doing, you warrant and undertake that you are duly authorised to agree to these terms. Hereinafter, you in your singular or plural form and or your company will be referred to as “The Client” and Doddel Media (Pty) Ltd, the service provider responsible for the completion and work of your “Custom Website” will hereinafter be referred to as “The Company”.

“The Company” will create and develop your Custom Website offering as part of the “Custom Website” service offering, which will include, but may not be limited to:

1. “Custom Website” Services:

• Custom PHP work
• Custom CSS / HTML coding
• Additional Premium WordPress / WooCommerce / Other Plugins
• Unlimited Pages

2. Compensation

“The Company” provides “The Client” with the “Custom Website” offering which includes the services listed under clause 1 of this agreement. The pricing for this service is published online and may be subject to change without prior notice.

3. Time Frame of Completion

Based on demand at any given time, “The Company” will communicate both on its Website, Custom Website Platforms and via email to “The Client” of the time and duration to complete the “Custom Website”.

4. Copyrights and Trademarks

By supplying text, images and other data to “The Company” for inclusion in “The Client’s“, “Custom Website”, “The Client” declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with “The Client”, or rightful copyright or trademark owner. By supplying images, text, or any other data to “The Company”, “The Client” grants permission to use this material freely in the pursuit of the design. Should “The Company”, or “The Client” supply an image, text, audio clip or any other file for use in the “Free Website” believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, “The Client” will agree to allow “The Company”, to remove and/or replace the file on the site. “The Client” agrees to fully indemnify and hold “The Company”, free from harm in any and all claims resulting from “The Client” in not having obtained all the required copyright, and/or any other necessary permissions.

5. Images

“The Company”, will attempt to ensure that only royalty free images are used in custom designs. It is agreed that “The Company”, employees, directors and suppliers, will not be held liable for any damages, costs and expenses, including reasonable legal fees, arising out of or related issues, copyright, or trademark infringement resulting from images used upon request of “The Client” or provided by “The Client”.

6. Indemnity

“The Client” shall indemnify “The Company”, in respect of all financial liability arising out of any claims made against “The Company”, alleging infringement of any intellectual property rights if such claim arises from the use of information, inventions, ideas, designs, artwork, copy or other material provided by “The Client”.

7. Data and Financial Security

“The Client” agrees and acknowledges that they are responsible for protecting the integrity of all of “The Client’s” own data including, but not limited to, any data accessible via the Website, web hosting account, and all relevant plugins. “The Client” also agrees and acknowledges to be bound by “The Company’s” AUP and Website Hosting Terms and Conditions respectively.

8. Confidentiality

Each party undertakes during this agreement and at all times thereafter, to hold in trust and confidence all confidential information which comes into its possession or which becomes known to it in the course of Doddel Media’s consultancy to “The Client”, and not to disclose or make use of that confidential information in any way whatsoever, or to make the confidential information available to others, without the prior written consent of the other party.

9. Limitation of Liability

a. Notwithstanding any other provision in this Agreement, in no event shall the parties herein be responsible to each other or to any third party for any special, incidental, punitive, indirect or consequential losses or damages of any kind, directly or indirectly in connection with this agreement, including, without limitation, loss of profits, loss of earnings, loss of business opportunities even if they have been informed in advance of the possibility of such damages, and whether or not such damages are foreseeable.

b. The entire aggregate liability of Doddel Media and “The Client” including without limitation, any liability for the acts and omissions their employees, agents, and subcontractors towards each other in connection with this agreement including contractual breach whether fundamental or otherwise, any representation, statement or unlawful act or omission including negligence arising under or in connection with this agreement, shall not exceed the agreed to fee as to the Services provided herein.

10. Jurisdiction and Venue

This Contract and any other matters concerning the relationship between “The Company” and “The Client” shall be governed by and construed in accordance with the Laws of South Africa. Any dispute that might arise between the Parties shall fall within the jurisdiction of the Cape Town High Court.

11. Force Majeure (“Act of God”)

a. Either party shall be relieved of liability for the non-performance or defective performance of any of its obligations under this agreement caused by an act of “Force Majeure” beyond the reasonable control of that party.

b. A party subject to “Force Majeure” shall as soon as possible notify the other party in writing of the circumstances amounting to force majeure and shall provide an estimate (which shall be updated in writing from time to time) of when those circumstances are expected to cease to apply.

c. In conditions of “Force Majeure”, each party shall take all reasonable steps by whatever lawful means are available to resume all performance of the parties’ obligations under this agreement as soon as reasonably possible and shall discuss with the other party ways and means to overcome such conditions.

d. If conditions of “Force Majeure” persist continuously in respect of a party for a period in excess of six weeks and have a material adverse effect on the other party, and the parties are within such period unable to reach written agreement on amendments to the relevant provisions of this agreement to take into account such conditions, the other party may terminate this agreement with immediate effect on written notice.

Doddel Free Website T’s & C’s

This is our “Free Website” Terms and Conditions, which is designed to give you peace of mind in working with us relating to our “Doddel Free Website” service offering.

In short, it says that your intellectual property is yours and that your website will be fully owned by you. It also says that you do not have to pay us for the design and development for this “Free Website” and that this Website is yours to enjoy. It also says that as part of Doddel Media designing and developing this “Free Website” for you, you agree to have this website hosted on Doddel Media’s servers at a nominal fee which will be payable in full and in advance for one year. It also says that you may add additional services at an extra fee should you wish to.

You are entering into this agreement between yourselves, you and or your company and in so doing, you warrant and undertake that you are duly authorised to agree to these terms. Hereinafter, you in your singular or plural form and or your company will be referred to as “The Client” and Doddel Media (Pty) Ltd, the service provider responsible for the completion and work of your “Free Website” will hereinafter be referred to as “The Company”.

“The Company” sets up websites for individuals, start-ups, and entrepreneurs who reside exclusively in countries located on the African Continent whereby “The Company” provides the following services as part of the “Free Website” service, which will include, but may not be limited to the following clauses:

1. What is a Doddel Free Website?

We define a Doddel Free Website as a WordPress Website designed and developed to specific criteria as set out by “The Company”. All Free Websites are designed and developed to ensure a simple, yet professional WordPress Website is published to the World Wide Web provided the Free Website is hosted on a Doddel Media Hosting Server based on the information received by “The Client”. “The Client” has the necessary information which includes tutorial videos on how to edit, manage, add, and omit any and all information, images and any other relevant content pertaining to “The Client’s” Website at their own time.

2. Website Services Doddel Media Provides:

a. “Doddel Free General Website” Services:

• The installation and configuration of the WordPress platform.

• The configuration of “The Client’s” domain on our Hosting platform.

• The installation of necessary plugins, WordPress performance modifications and any other back-end modifications “The Company” might deem necessary at its sole discretion.

• Free Theme installation.

• Front-end design modifications based on select criteria chosen by “The Client”.

• The setting up of SEO Analytics.

• Setting up a Security platform.

• Privacy Policy & Website Terms of Use.

• A basic e-commerce website is inclusive of the following:

I. WooCommerce installation & configuration

II. 5 Products / Services / Properties uploaded

III. Analytics.

IV. Shop Page.

V. Shopping Terms & Conditions based on South African CPA

• A basic real estate / property website is inclusive of the following:

I. Real Estate Theme to be purchased by “The Client”. A small affiliate commission is earned by “The Company”.

II. 5 Properties uploaded.

III. Up to 5 Agents loaded.

IV. Analytics.

3. Cancellation

Due to the nature of the service and the fact that your hosting fee is payable for the year in advance, there will be a 24-hour cancellation period from when funds are reflected in our bank account to the following calendar day where you can cancel your order and get a full refund. Failing which, once “The Company” has registered your website domain on “The Company’s” servers, there will be no refund allowed.

4. Compensation

“The Company” provides “The Client” with a Free WordPress website as detailed under clause 1 of this agreement and receives no direct compensation for the design and development of the “Free Website”. “The Company”, however, requires “The Client” to host the “Doddel Free Website” on its server for the duration of the first year, payable up front.

5. Time Frame of Completion

Based on demand at any given time, “The Company” will communicate both on its Website, Social Media Platforms and via email to “The Client” based on the time and duration to complete the “Free Website”.

6. Application Criteria

All applications are at the sole discretion of “The Company” and we reserve all rights to limit, change, reduce and or restrict applications for the “Free Website” service. All applications are restricted to individuals, start-ups, and entrepreneurs and may be reduced or paused at any time due to demand outweighing our ability to efficiently provide the “Free Website” service to “The Client”. We will, however endeavour to communicate any change in deliverability to “The Client” on all our platforms.

7. Free Website Setup

The Free Website setup process is designed to ensure maximum efficiency for “The Company” and “The Client” at all times and may be subject to change at any time. “The Company” continues to ensure that the most user-friendly technology is used to ensure a seamless application process at all times.

8. Changes

On the Doddel Free Website plan, there will be no changes of any kind made by “The Company”. “The Company” will offer a 24-hour window period from day of completion to the following 24 hours on the nearest business day to the completion of the Free Website excluding public holidays. The 24 hour window period is for the express purpose to provide hand-over support to “The Client” and does not include any changes, additions and or any other time-consuming tasks relating to the design and development of “The Client’s” Website.

9. Moving Domain within the first year

If “The Client” decides, for whatever reason to move their domain elsewhere for whatever reason, “The Company” will not be liable to pay back any hosting fees in part, full or on a pro-rata basis unless there is a material breach relating directly to hosting of “The Client’s” Website. Any issues relating to poor hosting performance by “The Company” for and on behalf of “The Client” must be addressed to “The Company” in writing to the following email address: free@doddel.co.za, allowing “The Company” to remedy any hosting issues should they occur.

10. Copyrights and Trademarks

By supplying text, images and other data to “The Company” for inclusion in “The Client’s“ Free Website, “The Client” declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with “The Client”, the rightful copyright or trademark owner. By supplying images, text, or any other data to “The Company”, “The Client” grants permission to use this material freely in the pursuit of the design. Should “The Company”, or “The Client” supply an image, text, audio clip or any other file for use in the “Free Website” believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, “The Client” will agree to allow “The Company”, to remove and/or replace the file on the site. “The Client” agrees to fully indemnify and hold “The Company”, free from harm in any and all claims resulting from “The Client” in not having obtained all the required copyright, and/or any other necessary permissions.

11. Images

“The Company”, will attempt to ensure that only royalty free images are used in custom designs. It is agreed that “The Company”, employees, directors and suppliers, will not be held liable for any damages, costs and expenses, including all legal fees, arising out of or related issues, copyright and or trademark infringement resulting from images used upon request of “The Client” or provided by “The Client” to “The Company”.

12. Indemnity

“The Client” shall indemnify “The Company”, in respect of all financial liability arising out of any claims made against “The Company”, alleging infringement of any intellectual property rights if such claim arises from the use of information, inventions, ideas, designs, artwork, copy or other material provided by “The Client”.

13. Data and Financial Security.

“The Client” agrees and acknowledges that they are responsible for protecting the integrity of all of “The Client’s” own data including, but not limited to, any data accessible via the Website, web hosting account, and all relevant plugins. “The Client” also agrees and acknowledges to be bound by “The Company’s” AUP and Website Hosting Terms and Conditions respectively.

14. Confidentiality

Each party undertakes during this agreement and at all times thereafter, to hold in trust and confidence all confidential information which comes into its possession or which becomes known to it in the course of “The Company’s” consultancy to “The Client”, and not to disclose or make use of that confidential information in any way whatsoever, or to make the confidential information available to others, without the prior written consent of the other party.

15. Limitation of Liability

a. Notwithstanding any other provision in this Agreement, in no event shall the parties herein be responsible to each other or to any third party for any special, incidental, punitive, indirect or consequential losses or damages of any kind, directly or indirectly in connection with this agreement, including, without limitation, loss of profits, loss of earnings, loss of business opportunities even if they have been informed in advance of the possibility of such damages, and whether or not such damages are foreseeable.

b. The entire aggregate liability of Doddel Media and “The Client” including without limitation, any liability for the acts and omissions their employees, agents, and subcontractors towards each other in connection with this agreement including contractual breach whether fundamental or otherwise, any representation, statement or unlawful act or omission including negligence arising under or in connection with this agreement, shall not exceed the agreed to fee as to the Services provided herein.

16. Jurisdiction and Venue.

This Contract and any other matters concerning the relationship between “The Company” and “The Client” shall be governed by and construed in accordance with the Laws of South Africa. Any dispute that might arise between the Parties shall fall within the jurisdiction of the Cape Town High Court.

17. Force Majeure (“Act of God”)

a. Either party shall be relieved of liability for the non-performance or defective performance of any of its obligations under this agreement caused by an act of “Force Majeure” beyond the reasonable control of that party.

b. A party subject to “Force Majeure” shall as soon as possible notify the other party in writing of the circumstances amounting to force majeure and shall provide an estimate (which shall be updated in writing from time to time) of when those circumstances are expected to cease to apply.

c. In conditions of “Force Majeure”, each party shall take all reasonable steps by whatever lawful means are available to resume all performance of the parties’ obligations under this agreement as soon as reasonably possible and shall discuss with the other party ways and means to overcome such conditions.

d. If conditions of “Force Majeure” persist continuously in respect of a party for a period in excess of six weeks and have a material adverse effect on the other party, and the parties are within such period unable to reach written agreement on amendments to the relevant provisions of this agreement to take into account such conditions, the other party may terminate this agreement with immediate effect on written notice.

18. Legal Content

It is the responsibility of “The Client” to ensure that all legal content is included on the “Free Website” based on their location, industry, sector and legal jurisdiction. It is not the responsibility of “The Company” to provide any legal documents whatsoever. “The Company” may at its sole discretion provide “Privacy Policy” and “Website Terms of Use” documents based on its own templates. This is not representative of any legal advice nor are these documents deemed to be legally compliant and “The Company” will accept no liability nor responsibility for any outcome, misrepresentations, errors and or omission emanating from these documents. The onus is on “The Client” to ensure that these documents in so far as the “Privacy Policy” and “Website Terms of Use” are both legally compliant and use these documents entirely at their own risk. “The Client” has the option of editing, amending and or deleting these two documents should they wish to.

E-Commerce T’s & C’s

This is our “E-commerce” Terms and Conditions, which is designed to give you peace of mind in working with us relating to our “E-commerce” service offering.

In short, these “E-commerce” Terms and Conditions says that your intellectual property is yours and that your Brand will be fully owned by you. It also covers the services offered to you in the “E-commerce” offering as well as the fee structure and all other important terms and conditions that protect both of us.

You are entering into this agreement between yourselves, you and or your company and in so doing, you warrant and undertake that you are duly authorised to agree to these terms. Hereinafter, you in your singular or plural form and or your company will be referred to as “The Client” and Doddel Media (Pty) Ltd, the service provider responsible for the completion and work of your “E-commerce” will hereinafter be referred to as “The Company”.

“The Company” will create and develop your E-commerce offering as part of the “E-commerce” service offering, which will include, but may not be limited to:

1. “E-commerce” Services:
• WooCommerce Installation
• Fully configured to your Country Specifications
• Fully configured to your Target Countries
• Shipping Setup
• SEO Setup
• Installation of Relevant Plugins
• Setup of Payment Gateway through PayFast & PayPal

2. Compensation

“The Company” provides “The Client” with the “E-commerce” offering which includes the services listed under clause 1 of this agreement. The pricing for this service is published online and may be subject to change without prior notice.

3. Time Frame of Completion

Based on demand at any given time, “The Company” will communicate both on its Website, E-commerce Platforms and via email to “The Client” of the time and duration to complete the “E-commerce”.

4. Copyrights and Trademarks

By supplying text, images and other data to “The Company” for inclusion in “The Client’s“, “E-commerce”, “The Client” declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with “The Client”, or rightful copyright or trademark owner. By supplying images, text, or any other data to “The Company”, “The Client” grants permission to use this material freely in the pursuit of the design. Should “The Company”, or “The Client” supply an image, text, audio clip or any other file for use in the “Free Website” believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, “The Client” will agree to allow “The Company”, to remove and/or replace the file on the site. “The Client” agrees to fully indemnify and hold “The Company”, free from harm in any and all claims resulting from “The Client” in not having obtained all the required copyright, and/or any other necessary permissions.

5. Images

“The Company”, will attempt to ensure that only royalty free images are used in custom designs. It is agreed that “The Company”, employees, directors and suppliers, will not be held liable for any damages, costs and expenses, including reasonable legal fees, arising out of or related issues, copyright, or trademark infringement resulting from images used upon request of “The Client” or provided by “The Client”.

6. Indemnity

“The Client” shall indemnify “The Company”, in respect of all financial liability arising out of any claims made against “The Company”, alleging infringement of any intellectual property rights if such claim arises from the use of information, inventions, ideas, designs, artwork, copy or other material provided by “The Client”.

7. Data and Financial Security

“The Client” agrees and acknowledges that they are responsible for protecting the integrity of all of “The Client’s” own data including, but not limited to, any data accessible via the Website, web hosting account, and all relevant plugins. “The Client” also agrees and acknowledges to be bound by “The Company’s” AUP and Website Hosting Terms and Conditions respectively.

8. Confidentiality

Each party undertakes during this agreement and at all times thereafter, to hold in trust and confidence all confidential information which comes into its possession or which becomes known to it in the course of Doddel Media’s consultancy to “The Client”, and not to disclose or make use of that confidential information in any way whatsoever, or to make the confidential information available to others, without the prior written consent of the other party.

9. Limitation of Liability

a. Notwithstanding any other provision in this Agreement, in no event shall the parties herein be responsible to each other or to any third party for any special, incidental, punitive, indirect or consequential losses or damages of any kind, directly or indirectly in connection with this agreement, including, without limitation, loss of profits, loss of earnings, loss of business opportunities even if they have been informed in advance of the possibility of such damages, and whether or not such damages are foreseeable.

b. The entire aggregate liability of Doddel Media and “The Client” including without limitation, any liability for the acts and omissions their employees, agents, and subcontractors towards each other in connection with this agreement including contractual breach whether fundamental or otherwise, any representation, statement or unlawful act or omission including negligence arising under or in connection with this agreement, shall not exceed the agreed to fee as to the Services provided herein.

10. Jurisdiction and Venue

This Contract and any other matters concerning the relationship between “The Company” and “The Client” shall be governed by and construed in accordance with the Laws of South Africa. Any dispute that might arise between the Parties shall fall within the jurisdiction of the Cape Town High Court.

11. Force Majeure (“Act of God”)

a. Either party shall be relieved of liability for the non-performance or defective performance of any of its obligations under this agreement caused by an act of “Force Majeure” beyond the reasonable control of that party.

b. A party subject to “Force Majeure” shall as soon as possible notify the other party in writing of the circumstances amounting to force majeure and shall provide an estimate (which shall be updated in writing from time to time) of when those circumstances are expected to cease to apply.

c. In conditions of “Force Majeure”, each party shall take all reasonable steps by whatever lawful means are available to resume all performance of the parties’ obligations under this agreement as soon as reasonably possible and shall discuss with the other party ways and means to overcome such conditions.

d. If conditions of “Force Majeure” persist continuously in respect of a party for a period in excess of six weeks and have a material adverse effect on the other party, and the parties are within such period unable to reach written agreement on amendments to the relevant provisions of this agreement to take into account such conditions, the other party may terminate this agreement with immediate effect on written notice.

Logo Design T’s & C’s

This is our “Logo Design” Terms and Conditions, which is designed to give you peace of mind in working with us relating to our “Logo Design” service offering.

In short, these “Logo Design” Terms and Conditions says that your intellectual property is yours and that your Brand will be fully owned by you. It also covers the services offered to you in the “Logo Design” offering as well as the fee structure and all other important terms and conditions that protect both of us.

You are entering into this agreement between yourselves, you and or your company and in so doing, you warrant and undertake that you are duly authorised to agree to these terms. Hereinafter, you in your singular or plural form and or your company will be referred to as “The Client” and Doddel Media (Pty) Ltd, the service provider responsible for the completion and work of your “Logo Design” will hereinafter be referred to as “The Company”.

“The Company” will create and develop your Logo as part of the “Logo Design” service offering, which will include, but may not be limited to:

1. “Logo Design” Services:

• 2 Logo Options
• 3 Rounds of Revision
• Business Card Design
• Letterhead Design
• Email Signature Design

2. Compensation

“The Company” provides “The Client” with the “Logo Design” offering which includes the services listed under clause 1 of this agreement. The pricing for this service is published online and may be subject to change without prior notice.

3. Time Frame of Completion

Based on demand at any given time, “The Company” will communicate both on its Website, Social Media Platforms and via email to “The Client” of the time and duration to complete the “Logo Design”.

4. Copyrights and Trademarks

By supplying text, images and other data to “The Company” for inclusion in “The Client’s“, “Logo Design”, “The Client” declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with “The Client”, or rightful copyright or trademark owner. By supplying images, text, or any other data to “The Company”, “The Client” grants permission to use this material freely in the pursuit of the design. Should “The Company”, or “The Client” supply an image, text, audio clip or any other file for use in the “Free Website” believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, “The Client” will agree to allow “The Company”, to remove and/or replace the file on the site. “The Client” agrees to fully indemnify and hold “The Company”, free from harm in any and all claims resulting from “The Client” in not having obtained all the required copyright, and/or any other necessary permissions.

5. Images

“The Company”, will attempt to ensure that only royalty free images are used in custom designs. It is agreed that “The Company”, employees, directors and suppliers, will not be held liable for any damages, costs and expenses, including reasonable legal fees, arising out of or related issues, copyright, or trademark infringement resulting from images used upon request of “The Client” or provided by “The Client”.

6. Indemnity

“The Client” shall indemnify “The Company”, in respect of all financial liability arising out of any claims made against “The Company”, alleging infringement of any intellectual property rights if such claim arises from the use of information, inventions, ideas, designs, artwork, copy or other material provided by “The Client”.

7. Data and Financial Security

“The Client” agrees and acknowledges that they are responsible for protecting the integrity of all of “The Client’s” own data including, but not limited to, any data accessible via the Website, web hosting account, and all relevant plugins. “The Client” also agrees and acknowledges to be bound by “The Company’s” AUP and Website Hosting Terms and Conditions respectively.

8. Confidentiality

Each party undertakes during this agreement and at all times thereafter, to hold in trust and confidence all confidential information which comes into its possession or which becomes known to it in the course of Doddel Media’s consultancy to “The Client”, and not to disclose or make use of that confidential information in any way whatsoever, or to make the confidential information available to others, without the prior written consent of the other party.

9. Limitation of Liability

a. Notwithstanding any other provision in this Agreement, in no event shall the parties herein be responsible to each other or to any third party for any special, incidental, punitive, indirect or consequential losses or damages of any kind, directly or indirectly in connection with this agreement, including, without limitation, loss of profits, loss of earnings, loss of business opportunities even if they have been informed in advance of the possibility of such damages, and whether or not such damages are foreseeable.

b. The entire aggregate liability of Doddel Media and “The Client” including without limitation, any liability for the acts and omissions their employees, agents, and subcontractors towards each other in connection with this agreement including contractual breach whether fundamental or otherwise, any representation, statement or unlawful act or omission including negligence arising under or in connection with this agreement, shall not exceed the agreed to fee as to the Services provided herein.

10. Jurisdiction and Venue

This Contract and any other matters concerning the relationship between “The Company” and “The Client” shall be governed by and construed in accordance with the Laws of South Africa. Any dispute that might arise between the Parties shall fall within the jurisdiction of the Cape Town High Court.

11. Force Majeure (“Act of God”)

a. Either party shall be relieved of liability for the non-performance or defective performance of any of its obligations under this agreement caused by an act of “Force Majeure” beyond the reasonable control of that party.

b. A party subject to “Force Majeure” shall as soon as possible notify the other party in writing of the circumstances amounting to force majeure and shall provide an estimate (which shall be updated in writing from time to time) of when those circumstances are expected to cease to apply.

c. In conditions of “Force Majeure”, each party shall take all reasonable steps by whatever lawful means are available to resume all performance of the parties’ obligations under this agreement as soon as reasonably possible and shall discuss with the other party ways and means to overcome such conditions.

d. If conditions of “Force Majeure” persist continuously in respect of a party for a period in excess of six weeks and have a material adverse effect on the other party, and the parties are within such period unable to reach written agreement on amendments to the relevant provisions of this agreement to take into account such conditions, the other party may terminate this agreement with immediate effect on written notice.

Privacy Policy

We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy, or our practices with regards to your personal information, please contact us.

This Privacy Policy governs the privacy policies and practices of our Website, located at Doddel Media. Please read our Privacy Policy carefully as it will help you make informed decisions about sharing your personal information with us.

Information We Collect

Privacy Policy

As a Visitor, you can browse our Website to find out more about our Website. You are not required to provide us with any personal information as a Visitor.

Information You Provide to Us

We collect your personal information when you register with us (“User”), when you express an interest in obtaining information about us or our products and services, when you participate in activities on our Website (such as applying for our free website offering or making a purchase) or otherwise contacting us.

Generally, you control the amount and type of information you provide to us when using our Website. The personal information that we collect depends on the context of your interaction with us and the Website, the choices you make and the products and features you use. The personal information we collect can include the following:

• Name, Email Address and Contact Data

• Payment Information. If you choose to buy one of our additional services, we collect payment information through our payment processor, PayFast. All payment information is securely stored by our payment processor and we do not have access to your sensitive information, such as credit card number or security code.

Automatically Collected Information

When you use our Website, we automatically collect certain computer information by the interaction of your mobile phone or web browser with our Website. Such information is typically considered non-personal information. We also collect the following:

Cookies

Our Website uses “Cookies” to identify the areas of our Website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to personalize the Content that you see on our Website. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our Website correctly or at all. We never place Personally Identifiable Information in Cookies.

Log Information

 

We automatically receive information from your web browser or mobile device. This information includes the name of the website from which you entered our Website, if any, as well as the name of the website to which you’re headed when you leave our website. This information also includes the IP address of your computer/proxy server that you use to access the Internet, your Internet Website provider name, web browser type, type of mobile device, and computer operating system. We use all of this information to analyse trends among our Users to help improve our Website.

Information Regarding Your Data Protection Rights Under General Data Protection Regulation (GDPR)

For the purpose of this Privacy Policy, we are a Data Controller of your personal information.

If you are from the European Economic Area (EEA), our legal basis for collecting and using your personal information, as described in this Privacy Policy, depends on the information we collect and the specific context in which we collect it. We may process your personal information because:

• We need to perform a contract with you, such as when you use our services.

• You have given us permission to do so.

• The processing is in our legitimate interests and it’s not overridden by your rights.

• For payment processing purposes.

• To comply with the law.

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. In certain circumstances, you have the following data protection rights:

• The right to access, update or to delete the personal information we have on you.

• The right of rectification.

• The right to object.

• The right of restriction.

• The right to data portability.

• The right to withdraw consent.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your personal information. For more information, please contact your local data protection authority in the European Economic Area (EEA).

“Do Not Sell My Personal Information” Notice for California consumers under California Consumer Privacy Act (CCPA)

Under the CCPA, California consumers have the right to:

• Request that a business that collects a consumer’s personal data disclose the categories and specific pieces of personal data that a business has collected about consumers.

• Request that a business delete any personal data about the consumer that a business has collected.

• Request that a business that sells a consumer’s personal data, not sell the consumer’s personal data.

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.

Service Providers

We employ third party companies and individuals to facilitate our Website (“Service Providers”), to provide our Website on our behalf, to perform Website-related services or to assist us in analysing how our Website is used. These third parties have access to your personal information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.

You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/

Payments Processors

We provide paid products and/or services on our Website. In that case, we use third-party services for payment processing (e.g. payment processors). In our case, we partner with PayFast and PayPal.

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council.

Contacting Us

Doddel Media has designated Darryn Brick as our Data Protection Officer’s (DPO) and accordingly, Darryn Brick will supervise and oversee data privacy and develop as well as implement our roadmap for complying with the new data protection regulations.

If you have any questions about and of our Privacy Policies or how we implement them in accordance with South African Law as well as in compliance with International Privacy Laws, specifically relating to GDPR & POPI, please contact our Darryn Brick via darryn@doddel.co.za.

Social Media T’s & C’s

This is our “Social Media” Terms and Conditions, which is designed to give you peace of mind in working with us relating to our “Social Media” service offering.

In short, these “Social Media” Terms and Conditions says that your intellectual property is yours and that your Brand will be fully owned by you. It also covers the services offered to you in the “Social Media” offering as well as the fee structure and all other important terms and conditions that protect both of us.

You are entering into this agreement between yourselves, you and or your company and in so doing, you warrant and undertake that you are duly authorised to agree to these terms. Hereinafter, you in your singular or plural form and or your company will be referred to as “The Client” and Doddel Media (Pty) Ltd, the service provider responsible for the completion and work of your “Social Media” will hereinafter be referred to as “The Company”.

“The Company” will create and develop your Social Media offering as part of the “Social Media” service offering, which will include, but may not be limited to:

1. “Social Media” Services:

• Set & configuration of up to 6 Social Media Pages:
• Design of up to 6 Social Media platforms. (All copy & logo’s must be provided by you)
• Access to our stock images & content.
• 2 Revisions included.
• Publish to Live status.

2. Compensation

“The Company” provides “The Client” with the “Social Media” offering which includes the services listed under clause 1 of this agreement. The pricing for this service is published online and may be subject to change without prior notice.

3. Time Frame of Completion

Based on demand at any given time, “The Company” will communicate both on its Website, Social Media Platforms and via email to “The Client” of the time and duration to complete the “Social Media”.

4. Copyrights and Trademarks

By supplying text, images and other data to “The Company” for inclusion in “The Client’s“, “Social Media”, “The Client” declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with “The Client”, or rightful copyright or trademark owner. By supplying images, text, or any other data to “The Company”, “The Client” grants permission to use this material freely in the pursuit of the design. Should “The Company”, or “The Client” supply an image, text, audio clip or any other file for use in the “Free Website” believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, “The Client” will agree to allow “The Company”, to remove and/or replace the file on the site. “The Client” agrees to fully indemnify and hold “The Company”, free from harm in any and all claims resulting from “The Client” in not having obtained all the required copyright, and/or any other necessary permissions.

5. Images

“The Company”, will attempt to ensure that only royalty free images are used in custom designs. It is agreed that “The Company”, employees, directors and suppliers, will not be held liable for any damages, costs and expenses, including reasonable legal fees, arising out of or related issues, copyright, or trademark infringement resulting from images used upon request of “The Client” or provided by “The Client”.

6. Indemnity

“The Client” shall indemnify “The Company”, in respect of all financial liability arising out of any claims made against “The Company”, alleging infringement of any intellectual property rights if such claim arises from the use of information, inventions, ideas, designs, artwork, copy or other material provided by “The Client”.

7. Data and Financial Security

“The Client” agrees and acknowledges that they are responsible for protecting the integrity of all of “The Client’s” own data including, but not limited to, any data accessible via the Website, web hosting account, and all relevant plugins. “The Client” also agrees and acknowledges to be bound by “The Company’s” AUP and Website Hosting Terms and Conditions respectively.

8. Confidentiality

Each party undertakes during this agreement and at all times thereafter, to hold in trust and confidence all confidential information which comes into its possession or which becomes known to it in the course of Doddel Media’s consultancy to “The Client”, and not to disclose or make use of that confidential information in any way whatsoever, or to make the confidential information available to others, without the prior written consent of the other party.

9. Limitation of Liability

a. Notwithstanding any other provision in this Agreement, in no event shall the parties herein be responsible to each other or to any third party for any special, incidental, punitive, indirect or consequential losses or damages of any kind, directly or indirectly in connection with this agreement, including, without limitation, loss of profits, loss of earnings, loss of business opportunities even if they have been informed in advance of the possibility of such damages, and whether or not such damages are foreseeable.

b. The entire aggregate liability of Doddel Media and “The Client” including without limitation, any liability for the acts and omissions their employees, agents, and subcontractors towards each other in connection with this agreement including contractual breach whether fundamental or otherwise, any representation, statement or unlawful act or omission including negligence arising under or in connection with this agreement, shall not exceed the agreed to fee as to the Services provided herein.

10. Jurisdiction and Venue

This Contract and any other matters concerning the relationship between “The Company” and “The Client” shall be governed by and construed in accordance with the Laws of South Africa. Any dispute that might arise between the Parties shall fall within the jurisdiction of the Cape Town High Court.

11. Force Majeure (“Act of God”)

a. Either party shall be relieved of liability for the non-performance or defective performance of any of its obligations under this agreement caused by an act of “Force Majeure” beyond the reasonable control of that party.

b. A party subject to “Force Majeure” shall as soon as possible notify the other party in writing of the circumstances amounting to force majeure and shall provide an estimate (which shall be updated in writing from time to time) of when those circumstances are expected to cease to apply.

c. In conditions of “Force Majeure”, each party shall take all reasonable steps by whatever lawful means are available to resume all performance of the parties’ obligations under this agreement as soon as reasonably possible and shall discuss with the other party ways and means to overcome such conditions.

d. If conditions of “Force Majeure” persist continuously in respect of a party for a period in excess of six weeks and have a material adverse effect on the other party, and the parties are within such period unable to reach written agreement on amendments to the relevant provisions of this agreement to take into account such conditions, the other party may terminate this agreement with immediate effect on written notice.

Website Hosting T’s & C’s

1. Introduction

1.1. In addition to the General Terms, these terms and conditions govern the use of the Doddel Media domain registration and hosting services. By contracting with Doddel Media for the services a Client will be lawfully regarded as having agreed to their use of the services specified being governed by this Agreement.

1.2. Hosting services refers to the following: Linux Shared Hosting, Email Only Hosting, WordPress Hosting, Windows Shared Hosting, Cloud Servers.

2. Domain Registration

2.1 Doddel Media registers domains on the Internet through the relevant governing bodies and hosts websites and related material on the Doddel Media server(s) on behalf of Clients. These terms and conditions apply to the use and registration of domain names and the web hosting services offered by Doddel Media.

2.2 Doddel Media registers domains through approved Domain Registrars, such as OpenSRS (for gTLDs). Doddel Media may, at its discretion use other approved entities for registration, but in general may limit domains offered based on availability from the registrar concerned.

2.3 The Client will be bound by the terms and conditions of the relevant domain name space (e.g. .com or .co.za) under which any domain name registered on its behalf falls, and should become familiar with them. Doddel Media may post links to these terms and conditions on the Doddel Media Website purely as a convenience to the Client.

2.4 Where Doddel Media is acting as a registrar or reseller in registering a domain name for the Client, the Client may be required to agree to further terms. Doddel Media will provide the Client with a link to these terms, which are incorporated into this Agreement by reference.

2.5 Doddel Media will strive to ensure that registration and subsequent DNS propagation is effected in the shortest period of time. However, Doddel Media cannot be held liable for any delays that may accompany the registration of domains. Initial Setup fees are non-refundable. Domain Name Registration fees constitute a once-off payment subject to certain renewal charges.

3. Domain Registration

Annual Renewal Fees, Redemption fees or any other fees which may become payable in respect of domain ownership. Clients are exclusively responsible for such fees, and Doddel Media will not enter into any disputes resulting from non-payment. Should such domains be automatically renewed, Clients will be billed for such renewal without exception. Clients not wanting to continue with a specific domain must ensure that cancellation is effected before any such renewal is actioned by Doddel Media with the registrar concerned.

4. Domain Renewal

4.1 Doddel Media will register a domain for a specified period (generally one year)

4.2 Thereafter, the Client is solely responsible for ensuring that the domain is renewed at the end of that period, and subsequent periods, until the domain is either cancelled or transferred by the client. This includes domains which have been set to auto-renew. Should the auto-renewal process fail, the onus will be on the client to notify Doddel Media of the failure.

4.3 Doddel Media will endeavour to send a courtesy reminder to the Client, such as an SMS, email. Such reminders in no way transfer responsibility to Doddel Media for ensuring that the domain is renewed.

4.4 Should this reminder fail to reach the Client, or should the reminder fail to be issued, this will not constitute a breach of this agreement, as this is solely performed as a courtesy.

4.5 Clients registering domains must take note of the registration date, and ensure that renewal is effected.

5. Domain Transfer

5.1 Doddel Media will transfer existing (registered) domains from existing hosting providers to Doddel Media’s DNS and web servers. Upon requesting the transfer, and accepting the relevant Service Terms, the Client explicitly agrees that it has the authority to do so, being the registrant of the domain in question, or having been nominated as an agent of the registrant. The Client thereby indemnifies Doddel Media from any disputes regarding ownership of the domain and any claims as a result thereof.

5.2 On application and payment for the transfer of a hosting a service the domain space is reserved on our hosting server. It is the client’s responsibility to ensure that the transfer request from Doddel Media is accepted and to advise Doddel Media of any delays. The client will be billed for the reserved hosting space regardless of the domain being transferred or not unless cancelled.

6. Cancellation

6.1 The service is a yearly billed service which will continue for a full 12 month calendar cycle. A notice will be sent out 1 month prior to expiry of yearly hosting as a reminder to renew or cancel.

6.2 Cancellation, by the Client or Doddel Media, will result in any data being permanently removed from Doddel Media’s servers. Clients are solely responsible for ensuring that backups are made of web content and email data, or any other data stored on their hosting space. Doddel Media will not be liable for loss of data, or be obliged to provide any such data once the hosting contract term has expired. Any backups made by Doddel Media will be made for legal purposes and not for data retention purposes and will not necessarily be made available to Clients on request.

7. Liability for Registration and Use of Domain Names

7.1 Doddel Media has not and does not conduct pre-registration searches in respect of the Client’s use and registration of its selected Domain Name/s and is therefore not obliged to either advise the Domain Name client about possible conflicting third party rights or to take steps to ensure against possible disputes concerning a third party’s intellectual property or other rights.

7.2 Doddel Media reserves the right to disclose pertinent information to Registrars for public disclosure as per the Terms and Conditions of the Registrar. Doddel Media will not be held liable for any claims of infringement of privacy by fulfilling such registration conditions.

7.3 This forms a regulatory requirement by the registrar, and there a Service Agreement requirement to the Client.

7.4 The Client indemnifies Doddel Media by warranting that the use or registration of the Domain Name by a Client does not interfere with nor infringe the rights of any third party in any jurisdiction with respect to trademark, service mark, tradename, company name, close corporation name, copyright nor any other intellectual property right, and that Client has the right to use the Domain Name as requested.

7.5 Doddel Media cannot act as an arbiter of disputes arising out of the registration and use of Domain Names. At the same time, Clients acknowledge that Doddel Media may be presented with evidence that a Domain Name registered by a Client violates the rights of a third party. In such instance Doddel Media shall be allowed to provide a complainant with the Client’s name and address and all further communication will exclude Doddel Media and Doddel Media will have no further obligations to the Client. In such instance the Client shall be entitled to continue using the Domain Name registered for the Client by Doddel Media until a court or other body with jurisdiction directs otherwise.

8. Registrant Contact Details for co.za, net.za, web.za and org.za

The ZACR policy indicates that the registrant contact details has to be updated to the legitimate beneficiary of the domain which would be the domain owner and not the reseller.

8.1 The registrant, being the legitimate beneficiary of the domain name service, is accurately identified on the domain name record (full legal name); and

8.2 The registrant’s designated email address is accurately identified on the domain name record where prescribed.

9. Hosting Services

9.1 Doddel Media does NOT guarantee SMTP mail relay services by default with shared hosting packages. This is provided merely as a value added extra.

9.2 Doddel Media reserves the right to suggest suitable alternatives to the Client and / or charge for excessive traffic or system resources as it deems necessary, at its sole discretion. Excessive traffic or use of system resources will be determined as set out in the Acceptable Use Policy.

9.3 Doddel Media reserves the right to move a website between web servers and Internet backbones, both within South Africa and internationally as it deems necessary. If a Client moves in excess of their monthly web traffic allocation, then the Client will be contacted and various options will be presented.

9.4 Doddel Media reserves the right (but does not assume any obligation) to inspect the contents of data that the Client transmits, receives or stores on an Doddel Media Server to ensure compliance with this Agreement, Doddel Media’s AUP, or any applicable laws regulations or codes of practice.

9.5 The Client must immediately and adequately respond to a denial of service attack (DOS / DDOS). If the Client’s facilities are targeted by a DOS attack that affects other network users, the Client’s Service will be suspended.

10. Backups

10.1 Clients are solely responsible for backing up their data and Doddel Media strongly encourages ALL Hosting Clients to do so as frequently and completely as possible. Doddel Media will not be liable for any data loss or any other losses or damages related to backups or data recovery without exception.

10.2 Clients are ultimately responsible for their own data, and Doddel Media strongly encourages such Clients to continue to make their own backups as frequently and completely as possible to ensure that they have recourse in the event of any failure.

10.3 Doddel Media also cannot guarantee the condition or fitness of any backups provided. Such backups are provided “as is” and are used at the Client’s own risk and discretion – whether restored by Doddel Media by instruction from Clients or by Clients themselves.

10.4 Doddel Media will not be liable for any losses or damages relating to any incidents arising out of such backups being provided (or not provided) to Clients on request.

10.5 Doddel Media endeavours to keep a backup of the domain, the backup is of the last 3 days content only. Whilst we endeavour to keep a backup of the last 3 days content this can in no way be guaranteed, it is the client/site owners responsibility to keep a local backup of their site/s at all times. Doddel Media will in no way be held responsible for any loss of content whatsoever.

11. Cloud Hosting

11.1 Doddel Media reserves the right to manage the cloud environment at its discretion for the overall benefit of cloud hosted Clients. Any virtual machine which Doddel Media deems at its sole discretion to have a negative effect on the environment may be powered down or suspended.

11.2 Doddel Media deploys all new Cloud Servers with HyperV tools (VMadditions, LIS) pre-loaded. VMadditions is integral to the smooth running of virtual servers, including managing resources and smooth and safe rebooting. VMadditions must be running at all times, as shutting it down will severely affect the performance of the server, and efficiency of the core controllers i.e. affecting other clients’ virtual servers.

11.3 Doddel Media strictly forbids the creation of nested VM’s, or virtual instances within a virtual server. This severely degrades overall performance and will be treated as a violation of Doddel Media’s AUP and Terms & Conditions (contrary to the intended use of the product).

11.4 Doddel Media also strictly forbids any misuse of shared or cloud resources, such as Ram Disks (use RAM memory as storage disk space), which abuses resources and compromises the integrity of the cloud environment.

11.5 Doddel Media may also, at its discretion, restrict server to limited IOPS (Input Output Operations Per Second) where a Client’s use of available virtual resources is negatively affecting the overall environment.

11.6 Doddel Media reserves the right to move a Cloud server between our virtual environments and Internet backbones, both within South Africa and internationally as it deems necessary.

12. Use at Client’s Risk

12.1 Doddel Media will exercise no control whatsoever over the content of the material hosted on, or the information passing through the Doddel Media network and in no way moderates such content.

12.2 Clients expressly agree that use of Doddel Media’s Server(s) and Services are at the Client’s sole risk.

13. Spam/Virus Filtering

13.1 Doddel Media provides a spam and virus filtering system to protect Clients from unsolicited mail and viruses. The Client acknowledges that this system might incorrectly identify a valid message as spam or as a virus and consequently this message might not be delivered to the Client. The Client acknowledges and agrees that Doddel Media shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.

13.2 Doddel Media reserves the right to examine incoming or outgoing mail to the extent necessary to determine if it is classified as spam or malicious.

14. Webmail

Webmail and other web-based email services made available by Doddel Media are provided on an “as is” basis without representations, warranties or conditions of any kind, and the Client acknowledges and agrees that Doddel Media shall have no responsibility for, or liability in respect of, any aspect of the webmail services, including without limitation for any lost or damaged data or any acts or omissions of Doddel Media. As webmail storage space is limited, some webmail messages may not be processed due to space constraints or message limitations.

15. Takedown Notice Procedure

In terms of section 75 of the Electronic Communications and Transactions Act (“the ECT Act”) the Internet Service Providers’ Association (ISPA) can instruct Doddel Media to perform a site takedown upon receipt of notification of infringements as defined in Section 77 of the Act.

Any enquiries can be directed to ISPA at:

Postal address: PO Box 518, Noordwyk, 1687, Midrand
Tel: 010 500 1200
Email: takedown@ispa.org.za

Should Doddel Media receive a takedown notice from ISPA, Doddel Media will endeavour to:

1. Notify the Client in good time of the takedown notice.
2. Allow the Client reasonable time to remove the disputed, illegal or infringing content.
3. Takedown any sites or services which are included in the ISPA takedown notice.

16. Software Updates

Doddel Media will be responsible for updates to Operating Systems and Shared Libraries on Shared Hosting Servers.

17. Disclaimers, Limitations and Indemnities

17.1 Doddel Media will not be liable for any loss or damage, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, delict, or otherwise which may be suffered as a result of or which may be attributable, directly or indirectly, to the use and/or registration of the Client’s selected domain names/s OR ANY ACTION TAKEN BY DODDEL MEDIA IN RESPONSE TO THE ABUSE OF THE DOMAIN REGISTRATION SERVICES WHICH IT OFFERS.

17.2 The Client hereby indemnifies and holds harmless Doddel Media against any loss whatsoever arising from any dispute or claim or other action occasioned by the Client’s use and registration of its selected Domain Name, even if Doddel Media has been advised of the possibility of such damages;

17.3 Doddel Media will not be liable for any indirect or consequential loss, damage, cost or expense of any kind, irrespective of how such damage or loss was caused, whether arising under contract, delict or otherwise, including, and not limited to, data loss or corruption, loss of profits, contracts, operation time and goodwill.

17.4 Neither Doddel Media, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that Doddel Media’s Server service will not be interrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Doddel Media Server service, unless otherwise expressly stated in this Agreement.

17.5 Doddel Media expressly limits its liability to the Client for damages suffered due to any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Doddel Media specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

17.6 Doddel Media is not responsible if an external company network and firewall is setup to block access to services Doddel Media provides. If a Client’s network is setup to block certain ports or web addresses that compromise the services Doddel Media provides it is the Client’s responsibility to ensure that their network configurations are changed as necessary.

17.7 Clients also hereby indemnify Doddel Media against any 3rd party claims against themselves as resellers or services provided to the public or privately. Clients will be solely liable to external parties for losses and may, in no way, petition Doddel Media to share or cover such losses or liability, either directly or indirectly. Doddel Media is also indemnified from direct claims from Clients for losses incurred due to 3rd party actions or claims.

Website Terms of Use

These Website Terms of Use outline the rules and regulations for the use of Doddel Media’s Website. Doddel Media is located at: Po Box 378 Sea Point, Cape Town 8005 – Western Cape, South Africa.

By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Doddel Media’s website if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms of Use, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of South Africa. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By using Doddel Media’s website you consent to the use of cookies in accordance with Doddel Media’s Privacy Policy. Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.

License

Unless otherwise stated, Doddel Media and/or it’s licensors own the intellectual property rights for all material on Doddel Media. All intellectual property rights are reserved. You may view and/or print pages from https://www.doddel.co.za for your own personal use subject to restrictions set in these terms and conditions.

You must not:

Republish material from https://www.doddel.co.za

Sell, rent or sub-license material from https://www.doddel.co.za

Reproduce, duplicate or copy material from https://www.doddel.co.za

Redistribute content from Doddel Media (unless content is specifically made for redistribution).

Hyperlinking to our Content

The following organisations may link to our Web site without prior written approval:

Government agencies;

Search engines;

News organizations;

Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and System-wide Accredited Businesses except soliciting non-profit organisations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organisations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

We will approve link requests from these organisations if we determine that: (a) the link would not reflect unfavourably on us or our accredited businesses (for example, trade associations or other organisations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organisation does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of Doddel Media; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organisation.

If you are among the organisations listed above and are interested in linking to our website, you must notify us by sending an e-mail to darryn@doddel.co.za. Please include your name, your organisation name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URL’s from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organisations may hyperlink to our Web site as follows:

By use of our corporate name; or

By use of the uniform resource locator (Web address) being linked to; or

By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Doddel Media’s logo or other artwork will be allowed for linking absent a trademark license agreement.

Iframes

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Website upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Website, you agree to be bound to and abide by these linking terms and conditions.

Removal of links from our website

If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you. Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

Content Liability

We shall have no responsibility or liability for any content appearing on your Website. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

limit or exclude our or your liability for death or personal injury resulting from negligence;

limit or exclude our or your liability for fraud or fraudulent misrepresentation;

limit any of our or your liabilities in any way that is not permitted under applicable law; or

exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Share the Doddel...