TERMS AND CONDITIONS



Disclaimer
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.

Fees
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.

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.

Cash Deposits

If a client pays cash into the LIT Creations' bank account, the cash deposit fees need to be settled in full as well.

Cancellation of Services
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.

Refunds
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 R1,500 (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 domain name registrations, MySQL databases, Mailbox Control Panels, etc are non-refundable items.

Support
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.

Support is available on either +27 11 022 6060 or at info@litcreations.com during office hours.

Scripting Support

We offer scripting support for all code developed by LIT Creations and hosted on our hosting platform. We do not offer any ongoing support for code developed by LIT Creations, 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 when rolling out new projects for clients, 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.

Search Engines
LIT Creations do not offer any guarantees in terms of search engine acceptance, nor ranking of any website on any particular search engine.

Back-Ups
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.

Ownership
Of the Domain / Website / Company

Please refer to "Definitions" below regarding the terms "owner" and "client". Upon registration by; or transfer of a domain name to LIT Creations, the onus is on the client to provide correct information in terms of the registrant ("owner"). LIT Creations will action any instructions received from the registrant / domain owner. If the Billing Contact is different from the Owner Contact, the client is to advise LIT Creations of this difference. The Owner, or nominated Billing Contact (if different from the Owner) will receive the annual hosting renewal notifications which are auto-generated from our internal systems. Instructions received from any email address hosted on the same domain name will be acted upon, based on the assumption that people within the Owner's organisation have authority to send instructions to LIT Creations pertaining to the website, domain or email addresses.

Should a new registrant or 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 to deny 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 received 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 Website Files / Database Content

Upon completion of a project for a client and provided the client has made full payment for the project, the files created during the website design / development process become the property of the client. The database content becomes the property of the client as well. The client can request a backup of these files at any stage and they will be furnished with FTP / MySQL access information in order to take such backups.

Of Graphic Design Files

Upon completion of a project for a client and provided the client has made full payment for the project, the files created during the design process become the property of the client.

Domain
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

ZACR allows a short period after expiry to still renew a domain name on the EPP system, 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.

Hosting
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.

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.

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).

High Resource User Policy

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

When the resources utilised by a customer are abnormally high, LIT Creations reserves the right to suspend that service. 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.


Transfers
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.

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 mailbox, mailbox control panel, databases, 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 a 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.

Client Callouts
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 Us page of this website.

Client Contact Information
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.

Resellers
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.

Terms & Conditions
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.

Definitions
"Owner / client / registrant" - It is assumed that the domain owner also owns the website content and email addresses on that domain name. These terms are used synonymously throughout this document.

"Our" or "us" or "we" refers to LIT Creations as a business entity.



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