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.
• A basic e-commerce website is inclusive of the following:
I. WooCommerce installation & configuration
II. 5 Products / Services / Properties uploaded
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.
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.
“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.
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: firstname.lastname@example.org, 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.
“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”.
“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.
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