TERMS AND CONDITIONS
“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.
Please note that all website content is provided to LIT Creations by the website / domain / company owner. LIT Creations cannot 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 through 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.
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.
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. In cases where hosting is to be cancelled, LIT Creations will give the client 30 days to find another hosting company for their services. After the 30 day notice period, the client’s website, email and other hosted services will be deleted from our servers. A deletion date will be stipulated in the notice provided to the client. See “Refunds” section for more information.
Cancellation by a Client
Note that should there be outstanding fees due for a particular project, LIT Creations will withhold transfer of the client’s domain name to another hosting provider, until such time as the full amount outstanding is received. See “Refunds” section for more information.
Design / Development Projects
Refunds will be calculated at the discretion of LIT Creations, which will be fairly based on the amount of time spent on the particular project to date.
Clients may request a refund of hosting monies paid for upfront for the year. Refunds will be calculated on a pro rata basis, but will also take into account any outstanding funds due for design / development projects. An administration fee will also be levied for processing of such refund.
LIT Creations are open Monday – Friday 08:00 – 15:00, excluding public holidays. During this time, we offer telephonic and email support to our clients. 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 email@example.com during our office hours.
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 on our servers.
We do not offer support for any scripts or code or website not written or developed through us, even if these scripts or code or websites 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.
From time to time, our servers are upgraded and this may result in website code being affected. LIT Creations cannot be held responsible in any way for outdated code which breaks as a result of a server upgrade. It is the client’s responsibility to ensure their website is up to date and may request a free evaluation of their website in this regard by LIT Creations at any time.
LIT Creations will always do all within our knowledge and expertise 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.
LIT Creations’ client liaison team provide email support to clients during our working hours. LIT Creations are open Monday – Friday 08:00 – 15:00, excluding public holidays. During this time, we offer telephonic and email support to our clients. 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 firstname.lastname@example.org during our office hours.
“Email support” comprises support of services on our hosting server (ie. we ensure the email accounts are working as they should do on our hosting platform). Email support does not comprise support for the setup of email accounts on a client’s 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 device, either through the client’s action or through a suggested action by a client liaison in the employ of LIT Creations.
LIT Creations do not offer any guarantees in terms of search engine acceptance, nor ranking of any website on Google, or any other search engine.
Backups of websites, databases and emails are conducted daily by our server and kept for a period of 2 weeks (14 days). A client may request to restore their website or emails to a particular backup date, dating back to a maximum of 14 days of their request. Restoring websites and/or databases and/or emails to a previous backup is part of the support service we offer, which is free.
Of the Domain / Website / Emails
Please refer to “Definitions” 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. 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 system.
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. From time to time, LIT Creations may check with the registrant (“owner”) if an instruction may be acted upon, or may cc the registrant (“owner”) in on email correspondences.
Should a new Registrant or Owner be appointed, LIT Creations require 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 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 / Databases
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 either FTP / MySQL / KonsoleH access information, or with the full backup of such files, depending on the nature of the enquiry.
Of Graphic Design Files
Upon completion of a project for a client and provided the client has made full payment for the project, all files created during the design process become the property of the client.
Registrations and Transfers
See section titled “Ownership”. It should be noted that LIT Creations cannot 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.
Should a client not pay the annual renewal fees timeously, domain names related to the service renewal in question are set to expire.
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 authorisation code provided. 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 a valid request from the client, LIT Creations will unlock the domain name for transfer away to another service provider. The authorisation code will be provided to the client. LIT Creations cannot 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.
Upon expiry, a gTLD domain enters a redemption period, offering you a final chance to renew the domain name, before it expires (at an inflated price). 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). 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.
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 a 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.
The ZA Central Registry (ZACR) allows a short period of time after expiry to still renew a domain name on the EPP system, according to their deletion schedule. The domain will first be suspended, then enter redemption status (wherein the domain can still be renewed, but at an inflated price). After deletion of the domain name at the registry, it becomes available to the general public to be registered again.
LIT Creations will send clients several notifications to renew their hosting service(s):
- approximately 30 days before expiry;
- again approximately 14 days before expiry;
- and again approximately 2 to 5 days before expiry.
The onus is on the client 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.
A reinstation fee may be levied to reinstate services if a late payment is received.
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 or 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 an account to a different server at any time. Notification of such move will be communicated with the client and a date put forward for the move.
Additional costs may be levied for high bandwidth consumption.
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 cPanel or FTP / MySQL access details to the current hosting provider, upon which we’ll retrieve the website files. LIT Creations is indemnified and are to be held blameless if the transfer of files from the current hosting platform to our server is incomplete or if errors result in the transfer. LIT Creations is 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 hosting away from LIT Creations to another service provider. LIT Creations will upon request, assist with providing access to the website and/or users files and/or database.
If a client’s hosting has expired, LIT Creations will provide the latest backup we may have available to the client upon request, either zipped and attached to an email, or sent via WeTransfer, FromSmash or other file transfer tool.
If a client transfers their hosting from LIT Creations to another service provider, all services (including but not limited to: website and related website files, email addresses and content of any mailbox, databases, aliased domain names, etc) will be deleted from the LIT Creations server 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 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 a client’s hosted services if renewal notifications are sent to inactive or incorrect email address(es).
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 design, development or any service delivery whatsoever, should be seen as an addendum to these Terms and Conditions and will not supersede these Terms and Conditions.