Tel: +27 11 022 6060
Email: info@litcreations.com

TERMS AND CONDITIONS

Please note that all website content is provided by the website / domain / company owner. LIT Creations can not be held responsible for incorrect or offensive material on any of our hosted websites.

In addition, we are not in any way responsible for the actions of any of our clients, including the sending of illicit, unwelcome, spam, or any other kinds of emails using email addresses which are hosted by LIT Creations.

LIT Creations operate on a payment upfront business model. A client requesting services will be quoted the costs and will be advised what portion (or in some cases the full amount) is payable upfront. Only upon receipt of payment, will a project be opened for the services requested and work on that project will commence. If payment for a project is divided into a payment upfront and payment upon completion model, then upon completion of the project, the outstanding funds for the project will be due. The final delivery of services will be made to the client (eg. high resolution artwork handed over or website taken live, etc), only upon receipt of the outstanding balance.

All prices quoted to clients in quotes, pro-forma invoices, tax invoices or simply in emails from LIT Creations' staff, are quoted with the understanding that LIT Creations will host the website, unless specifically stated otherwise.

International Bank Transfers

If a client is transferring funds to LIT Creations from a country outside of South Africa, various banks may impose an international transfer tariff. This fee needs to be paid in full by the client. Any international transfer fee deductions, or any other form of monetary deductions from the LIT Creations bank account as a result of a transfer of funds from an international source, will be charged to the client and settlement of such funds is required prior to work commencing on the project being paid for.

Cancellation By LIT Creations

LIT Creations reserves the right to cancel a client's hosting services or design / development project at any stage. See "Refunds" section below. LIT Creations will give the client 30 days to find another suitable hosting company for their site. After the 30 day notice period, the client’s website, email and other hosted services will be deleted from our servers.

Cancellation By The Client

See "Refunds" section below.

Note that should there be outstanding fees due for a project, LIT Creations will withhold transfer of the client's domain name until the full amount which is outstanding is received.

Design / Development Projects

Any refund due to the client is calculated at the sole discretion of LIT Creations.

Website design: If a project is cancelled after the screenshot / first / jpg / template design proposal phase, the cost of this first phase carries a cost of R1,000 (ex VAT), which is non-refundable. If a project is cancelled in a later project phase, the refund due (if any) will be calculated once again at the sole discretion of LIT Creations.

In addition to the above, there may be other fees also applicable, which take into account (inter alia):

  • Client liaison quotation time
  • Client liaison follow up time
  • Client liaison email compilation time
  • Client liaison support time
  • Client liaison's time in meeting(s) with client
As per the above, these fees are calculated at the discretion of LIT Creations and a breakdown of such service costs will be provided to the client upon request.

Hosting

The first year's hosting monies are non-refundable. Thereafter, hosting refunds can be requested which will be calculated on a pro rata basis, but will also take into account any outstanding funds due for projects as well as any other costs which may have been incurred.

Note that any refunds payable are calculated on the cost of the basic hosting package only. Any add-on services, such as StarterPlus Mailboxes, domain name registrations, SSL, MS SQL Server databases, MySQL databases, MatrixStats, Mailbox Control Panels, etc are non-refundable items.

General Support

LIT Creations keep office hours on weekdays and working days at times as per the Contact page of this website. During this time, we offer telephonic and email support to our clients, on any issues related to the services hosted through us. Clients should allow a 24 hour (1 working day) turn-around time for responses to any queries relayed via email.

Our servers are situated in the UK and support related to the server uptime and general issues regarding email and website availability and error resolution, are handled in the UK, where the team operates on a 24 hour basis, every day of the year, including all public holidays. Our clients however are not permitted direct access to the team in the UK, but should relay any queries though our local team, available on either (011) 022 6060 or on info@litcreations.com on the days / times stipulated above.

Scripting Support

We offer scripting support for all scripts written / coded by LIT Creations, and hosted on our hosting platforms. We do not offer support for any scripts / code written by us, but not hosted through us. We also do not offer support for any scripts not written by us, even if these scripts reside on our hosting platform.

Website technologies advance all the time. LIT Creations cannot be held in any way responsible for code which has become outdated or redundant through the advancement of technology. We make an effort to keep all our code at the front line of technological standards, however it is not our responsibility to update outdated website code for a client without being specifically contracted to do so. Note that this also refers to issues surrounding browser compatibility.

Security

We will always do all that our expertise allows to prevent a website from being hacked. However, hacking techniques advance all the time and we can therefore not be held in any way responsible should a website be hacked and information be lost as a result thereof. However upon being informed of any hack and upon being contracted to do so, we will do our utmost to determine the source of the intrusion and rectify and block any further intrusions of the same nature.

Email Support

LIT Creations' client liaison team provide email support to clients during our normal working hours. This email support comprises support of services on our hosting server (ie. we ensure the email accounts are working as they should do on the hosting platform). Email support does not comprise support for the setup of email accounts on a client's IT device (eg. iPad, mobile phone, laptop, PC, etc) although we will always try to assist wherever possible.

LIT Creations can in no way be held responsible for the loss of emails from a client's IT device, either through the client's action or through a suggested action by a client liaison in the employ of LIT Creations.

All prices quoted to clients in quotes, pro-forma invoices, tax invoices or simply in emails from LIT Creations’ staff, are quoted with the understanding that LIT Creations will host the website, unless specifically stated otherwise.

Websites are designed in the following phases:

PHASE 1: Template design (which is sent to the client as a jpg image). This is the designer's depiction of the website and proposal on how the site should look. The template design is based on the colours and look & feel of the logo and content which the client provides. We can also source imagery for the client, which will be based on the type of business of the client, and guidance provided by the client. After receipt of the proposed template, the client can suggest two sets of changes (see “Definitions” below) to the template provided, which we will then do, and send back in jpg format once again to the client. More than two sets of changes will be charged at our standard hourly rate. The template includes the colours, imagery, layout, spacing of items, naming of buttons, page headings and description of the animations (if applicable).

PHASE 2: Website design phase will be based on approved template design. This phase includes the design and population of all static pages with copy and possibly additional imagery, as well as all animation designs. The client can hereafter make two sets of changes to the copy of the site in the various pages only (no template changes are permitted at this point without incurring additional cost to the project). If the client’s website design excludes development functionality (such as shopping cart or admin functionality etc), then the project ends here. However, if there is additional development to be added to the site, it goes to phase 3.

PHASE 3: If the client requires development on the site, like shopping carts or admin functionality (for example), the design is sent to the developer for this phase. Once complete, the client will be presented with a working version of the site, loaded onto our test server for review and testing. Any errors which the client may find in the scripting / coding will be corrected in the site at this point.

GOING LIVE: Once a client gives the go-ahead for a site to be taken live, it is assumed that the client has properly reviewed the website and tested all functionality on the test server. The project is then closed and any further updates / corrections requested thereafter will constitute a separate, new project and will be quoted for accordingly.

If a client contracts LIT Creations to design a site which is not to be hosted on our servers, it should be noted that our websites are scripted in HTML, Javascript, ASP and/or PHP and any other scripting language deemed necessary for a particular project. It is at the discretion of LIT Creations what scripting language, or combination of scripting languages, to use for any particular project. The scripts are written to be supported on our servers, which could be either Linux or Windows. Once a website is designed, it is loaded to our own hosted test server for the client's review and testing. The same three phases described above also apply to projects where the site is to be hosted elsewhere. It is the client's responsibility to check that our scripts / code will be supported on their own external hosting servers. We do not offer support for our scripts on other hosting servers. Upon completion of the project, the website files are handed over to the client. The handover comprises zipping the relevant files (note that design files such as .PSD, .AI, etc are not included in the handover) and emailing these files to the client. If the zipped file is too large to email, the files can be sent through a third party (eg. DropBox or WeTransfer). Otherwise the onus is on the client to organise a courier to collect the files on CD from the LIT Creations premises. Note that a fee will be charged to place the files on CD. LIT Creations do not offer support in terms of loading the files to the external hosting server through FTP or via any other means, nor do we offer support in terms of the client's hosting server settings, in the event that the website does not function correctly on the external server.

LIT Creations do not offer any guarantees in terms of search engine acceptance, nor ranking of any website on any particular search engine. We will do a single bulk search engine submission when a site goes live. The software used for the bulk search engine submission is Dynamic Submission.

Website

It is the client's responsibility to ensure back-ups are taken of their own website. FTP details will be provided upon request to facilitate this. In addition, a client can request that LIT Creations do ad-hoc back-ups of their website on their behalf. We will commit to doing one full back-up of a website every two months at no additional charge, but need to be specifically requested to do so each time, as this is not part of our normal work scheduling.

Should hosting of an account expire or transfer to another service provider, LIT Creations will first take a backup of the website and database files prior to deletion of the website and database content, should a client choose to re-instate these services at a later date.

Email

Note that emails on the server cannot be backed up. Emails can be retrieved from the server by using email software to connect to the server and retrieve emails.

Should hosting of an account expire or transfer to another service provider, emails are not backed up and are irretrievably lost when an account is deleted from the server.

Website

Of the Domain / Website / Company


Please refer to "Definitions" below regarding the terms "owner" and "client". Upon registration or transfer of a domain name to LIT Creations, the onus is on the client to provide correct information in terms of the domain Owner, Billing Contact and any Additional Contacts. LIT Creations will action any instructions received from the domain Owner, Billing Contact and the Additional Contacts (including, but not restricted to, the domain, email addresses, website, client database listed information updates, hosted services and billing information). The nominated Billing Contact will receive the annual hosting renewal notifications which are auto-generated from our internal systems. Instructions received from any other person not mentioned in this registration process and therefore not nominated by the Owner, will be validated with the said Owner before or upon actioning. Instructions received from any person who's email address reflects the domain name that was registered, will be actioned but will have the Owner's email address cc'ed on the correspondences, as it is assumed that email correspondences from individuals with the same domain name in their email address are part of the same company and therefore instructions from these individuals will be acted upon, unless expressly prohibited by the Owner in writing.

Should a new domain or company Owner be appointed, LIT Creations requires a letter from the previous Owner (emailed to LIT Creations from the email address shown on our client records to belong to the previous Owner), indicating that they are no longer the Owner and that LIT Creations should in future deal with a new Owner (with new Owner details specified). If the previous Owner does not submit such an email confirming ownership change, LIT Creations will send an email to the email address(es) of the previous Owner as per our client database, indicating that change of ownership will be carried out on our systems unless a reply is received, denying such change of ownership. In addition, LIT Creations will attempt to phone any telephone or mobile numbers for the previous Owner as per our client database records to verify the change of ownership.

LIT Creations is hereby indemnified and is to be held blameless against all loss or damage from any cause arising, which may be sustained as a result of actioning instructions from any individual whatsoever. Although we will do our utmost to ensure all correspondences acted upon are legitimately sent from the Owner or from his/her nominated individuals, LIT Creations will not be held accountable for actioning any instructions from persons fraudulently posing as these nominated individuals, nor any other persons or company whatsoever.

Of the design files

Upon completion of a project for a client and provided the client has made full payment for the project, the end-result files created for the client become the property of the client (eg. in the case of a logo design, the high resolution files, or in the case of a completed website, the live website files, etc).

FTP details can be provided to the client upon request, in order to download their website files and content. The website files will include all scripted pages of the site, admin functionality (if applicable), any CSS files or included files and all image files (jpg or gif). Upon request, a backup of the client's website database can be made by LIT Creations and made available to the client.

Note that the PSD, AI or any other design files used in the creation of the website or any other designs for the client, remain the property of LIT Creations.

Registrations and Transfers

See section titled "Ownership" above. It should be noted that LIT Creations can not be held in any way responsible should a new domain name registration be requested and, due to delays of any nature whatsoever, that domain name is then registered by or to another person or company or entity.

Expiry

Should a client not pay the annual renewal fees timeously, domain names related to the service renewal in question are set to expire.

TLD Domains

Transfer - General Terms

gTLD domains cannot be transferred within 60 days of registration, nor within 30 days of expiry.

Transfer to LIT Creations

Upon successful transfer of a domain name from another registrar to LIT Creations, the domain name is automatically renewed for another 12 months. In order to transfer a gTLD domain name, the name needs to be unlocked and the admin contact needs to release the domain name in order for it to be transferred. Although we will do our utmost to ensure a transfer goes through seamlessly, we cannot be held responsible for failed transfers. LIT Creations can also not be held responsible for any loss of data or emails or any information whatsoever as a result of a domain transfer.

Transfer away from LIT Creations

Upon valid request from the client, LIT Creations will unlock the domain name for transfer away to another service provider. The authorisation code is provided to the client. LIT Creations can also not be held responsible for any loss of data or emails or any information whatsoever as a result of a domain transfer. The onus is on the client to ensure all relevant files and information are obtained prior to transfer.

Expiry

  • in domain redemption
  • for sale in an auction
  • fully expired.
Domain redemption offers you a final chance to renew the domain name, before it expires. This redemption period is a 30-day period of grace, between the expiration and deletion of a domain. Instead of an expired domain being deleted and made available for re-registration, the registrar changes the status and allows a redemption period during which only the owner of the domain name is able to renew the domain name. The domain can be renewed up to the 70th day after expiry.

The redemption period starts on the 40th day after the expiry date, if the renewal fee has still not been paid. A further 30 days is granted in order to renew the domain name (at an inflated renewal price however). After these 30 days, there is a 5-day period during which the domain is deleted from the registry and can no longer be redeemed. On the 75th day after expiration, the domain becomes available to the general public to be registered again.

.co.za Domains

Transfer to LIT Creations

Although we will do our utmost to ensure a transfer goes through seamlessly, we cannot be held responsible for failed transfers. LIT Creations can also not be held responsible for any loss of data or emails or any information whatsoever as a result of a domain transfer.

Transfer away from LIT Creations

Upon valid request from the client, LIT Creations will accept a transfer ticket for a .co.za domain name to be transferred to another service provider. LIT Creations can also not be held responsible for any loss of data or emails or any information whatsoever as a result of a domain transfer. The onus is on the client to ensure all relevant files and information are obtained prior to transfer.

Expiry

Uniforum allows a short period after expiry to still renew a domain name, according to their deletion schedule which can be obtained from their website. After deletion of the domain name, it becomes available to the general public to be registered again.

Renewal

LIT Creations will send the client notification to renew their hosting service(s) approximately 30 days before expiry, and again approximately 14 days before expiry, and again approximately 2 to 5 days before expiry. The onus is on our clients, therefore, to inform us of any contact detail changes in order to keep our system up to date at all times. The renewal notifications are sent to the client’s nominated Billing Contact. If no details are on file for a Billing Contact, the notifications will be sent directly to the domain Owner. Should no payment be received before the expiry date specified in the renewal notification sent to the client, these service(s) will be deleted from our servers on the date of expiry. LIT Creations can in no way be held responsible or liable for any loss of data, emails or other information, due to a service deletion.

If the basic hosting package (ie "Annual hosting renewal (website + 5 emails)" or "Annual hosting renewal (website + 10 emails)") is allowed to expire and is removed from our servers upon expiry, a re-instation fee will be charged to get these services re-instated on our server. Note that only the website is backed up upon expiry and can be re-instated. Email accounts are not backed up and emails that may still reside within various email accounts at the time of expiry will be lost when the services are deleted. Upon re-instation, email accounts can be re-setup from scratch but will not have any email content.

Transfers to LIT Creations

LIT Creations will always do our best to assess a website on a different server, in order to ascertain what hosting platform and service requirements it has in order to run correctly, before quoting and transferring the hosting to our servers. The best means of assessment will be for the client to provide us with the FTP details to the current hosting provider, upon which we’ll retrieve the website files and attempt to run these files on our own local servers. If no errors result, we know that we can successfully run the website live. LIT Creations are indemnified and are to be held blameless however if there are any hidden files, or functionality that is overlooked in the transfer process. LIT Creations are also to be held blameless should there be any loss of data, emails or any other services in the transfer process.

Transfers away from LIT Creations

A client may choose to transfer their primary domain name (and implied: hosting on such domain name) from LIT Creations to another service provider, at which point the client may request the website and images files from LIT Creations. FTP details will be provided to the client upon request, in order for them to download their website files and content. The website files will include all pages of the site, admin functionality (if applicable), any CSS files or included files and all image files (jpg or gif). Access will also be provided to the MySQL (or other) database(s), where applicable.

Note that the access to such files as mentioned above can only be provided while hosting of the basic package is still active. If hosting has expired, no services will be active on our servers any longer and therefore no access can be provided to such files. In such a case, LIT Creations will provide the latest backup of files we may have available to the client upon request, either zipped and attached to an email, or sent via WeTransfer or other file transfer tool (at our discretion).

If a client transfers their primary domain name (and implied: hosting on such domain name) from LIT Creations to another service provider, all services hosted on such domain name (including but not limited to: website and related website files, email addresses and content of any email addresses, mailbox control panel, databases, MatrixStats, aliased domain names, etc) will be deleted from the LIT Creations servers upon transfer to the new hosting provider (timeframe of full service deletion can vary depending on deletion runs, but usually will occur within a few days of transfer to new host), regardless of when the expiry of these services would have been, had the client remained hosted through LIT Creations.

See "Refunds" section for more on refunds applicable upon transfer away from LIT Creations.

The PSD, AI or any other design files used in the creation of the website, remain the property of LIT Creations.

Server Type

By default, LIT Creations will set up all new hosting space on Linux with PHP 5.4 enabled. Upon request, hosting space can be created on a Linux server with PHP 5.2 enabled, or on a Windows 2008 server with ASP enabled, or on a Windows 2008 server with ASP.NET enabled. A client may move their hosting from Windows to Linux or vice versa upon request, noting that that will be a few hours’ downtime while the files are moved and the services propagate.

Server Use

LIT Creations reserves the right to refuse service and/or access to its servers and/or services to anyone at any time. LIT Creations does not allow any of the following content to be stored on its servers / actions to be attempted on its servers:

  • Adult material, including all pornography, erotic images, or otherwise lewd or obscene content is prohibited on our servers.
  • Excessive download content or non-linked content is prohibited.
  • Any files that are not related to or linked to a website are prohibited.
  • Bulk mailing with the use of forms is prohibited.
Refusal of service is entirely at the discretion of LIT Creations. LIT Creations reserves the right to move data to a different server with no previous notice.

Databases

If a client's website design / development requires databases in order to function correctly, it is at the discretion of LIT Creations what kind of database to use as well as how the table structures will be compiled. In the case of the setup of a new database, LIT Creations will advise the client as to the best database type to use to accommodate the website design / development being implemented, Only upon explicit request by a client, will a specific database type be used, but this needs to be specified by the client in advance of the project commencement.

Unlimited Use Policy

High bandwidth usage: LIT Creations offers an unlimited use policy by maintaining very large ratios of bandwidth per customer. In rare cases, LIT Creations may find a customer to be using server resources to such an extent that he or she may jeopardize service performance and resources for other customers. In such instances, at our sole discretion, LIT Creations reserves the right to impose the High Resource User Policy (see section below).

Unlimited emails hosted on a domain with Mailbox Control Panel: Note that the unlimited use offered is aimed at small to medium businesses and not for reseller purposes. Therefore if more than 1000 email addresses are required, it is better to get a dedicated server to deal with the load, rather than making use of our shared hosting platform. LIT Creations reserves the right to impose the High Resource User Policy (see section below) if we feel that this service is being abused in any way.

High Resource User Policy

Resources are defined as bandwidth, processor utilization or disk space. LIT Creations may implement the following policy to its sole discretion:

When the resources utilised by a customer in using a service are abnormally high, LIT Creations reserves the right to suspend that service immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our services. Customers may be offered an option whereby LIT Creations continues supplying the service under a reduced usage criteria, specified by LIT Creations. Failure to comply with such measures may result in your service being terminated.

Uploads via scripting languages

We limit uploads made via scripting languages - including PHP, ASP and ASP.NET. Uploads made using scripts are limited to 2MB per script being executed.

Starter Mailboxes

All new email accounts created for a client on our servers will be Starter Mailboxes. A Starter Mailbox is allocated 100MB of space on the server. Starter Mailboxes do not come with anti-virus or anti-spam checking software on the server. All mentions made to emails on this website or in any correspondence from a client liaison within the employ of LIT Creations are indicative of Starter Mailboxes, unless explicitly otherwise mentioned.

Older email accounts being hosted through LIT Creations may still be Standard Mailboxes which allow 50MB of space on the server. Any Standard Mailboxes may be upgraded to Starter Mailboxes upon request, however it should be noted that the password for the account would most likely need to be changed in the upgrade.

Advanced / StarterPlus Mailboxes

Advanced / StarterPlus Mailboxes are assigned 1GB of space on the server and come with anti-virus and anti-spam checking software. LIT Creations cannot be held in any way liable for viruses or trojans or any other malware that may still penetrate the server checks. It is the clients responsibility to ensure their computer's anti-virus software is set up and up to date to perform such checks. Similarly, LIT Creations cannot be held responsible for spam emails still penetrating the server checks on Advanced / StarterPlus Mailboxes.

LIT Creations will issue passwords to a client when the services that require passwords are initially set up on our server. Thereafter it is the client's duty to print or store the password information for future reference / use. LIT Creations, at its discretion, may charge for subsequent password changes to be made. FTP passwords or any password changes will be provided only upon written request from the client.

LIT Creations do not do client callouts or visit client premises. Clients are of course welcome to set up an appointment at our offices during the working hours shown on the Contact page of this website.

The onus is on the client to keep LIT Creations informed of any address / contact information changes. LIT Creations cannot in any way be held responsible for the expiry of services belonging to a client if renewal notifications are being sent to email addresses which are no longer active.

Certain individuals or companies may choose to resell the services of LIT Creations to third parties / clients. This is allowable however it should be noted that should LIT Creations be, for whatever reason, unable to contact the reseller for one of their client's hosting renewals, we will attempt to contact the client directly to give them the option of renewing their hosting directly with us. The attempt to contact the client directly will be made upon or after the final hosting renewal is sent out, if no response is received from the reseller in terms of their intention to renew the service(s) or not. The onus is therefore on the reseller to keep us informed of any address / contact information changes, and to communicate timeously the intention to renew service(s) when the hosting renewal notifications are sent out. Should a reseller's client contact us directly at any time and even possibly request our pricing, we will treat this client like any other and divulge our pricing and service information directly to this person. The client may then choose to deal directly with LIT Creations instead of their reseller, which request we will accept and action. LIT Creations are in no way responsible for any financial or other losses incurred to a reseller should their client(s) contact us directly. LIT Creations are also in no way responsible for any financial or other losses incurred to a reseller should we contact a client directly for any reason whatsoever.

The Terms & Conditions listed in this page may be changed at any given time and without prior notice to clients. It is the client's responsibility to check this page on a regular basis for updates.

Any terms relayed to the client in writing via email from any client liaison in the employ of LIT Creations, related to any designs or service deliveries whatsoever, should be seen as an addendum to these Terms and Conditions and will not supersede these Terms and Conditions.

"Set of changes" - this is defined as a SINGLE email from the client with a list of changes for the design that was sent to the client by LIT Creations.

"Owner / client" - It is assumed that the website, company and domain owner are the same person and therefore these terms are used synonymously throughout this document. It is with reference to this terminology that the term client is used as well.

"Our" or "us" or "we" refers to LIT Creations as a business entity or client liaison personnel in the employ of LIT Creations.

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