GFX Creative (Pty) Ltd Trading as GFX Design

Terms & Conditions

1. Services and Scope

1.1. GFX Design provides website hosting services, including email hosting and support. Hosting packages vary in storage capacity: 2GB (25 email accounts), 5GB (50 email accounts), 10GB (100 email accounts), and 20GB (200 email accounts).
1.2. Domain registration and management are available, subject to domain name availability.
1.3. Email support includes setup on laptops and computers via AnyDesk. Mobile device setup is not included, but guidance is provided. Troubleshooting support is included in the annual hosting fee.
1.4. Website maintenance and updates are offered separately at R400 per hour or based on a quotation after a client briefing.
1.5. All hosting is done on Linux servers using WordPress with Divi by Elegant Themes as the primary front-end builder.

2. Payment Terms

2.1. All hosting services are billed annually, payable upfront.
2.2. Late payments result in account suspension, with termination occurring after 30 days of non-payment.
2.3. Accepted payment methods: Electronic Funds Transfer (EFT) and card payments.
2.4. No refunds or trial periods are offered.

3. Client Responsibilities

3.1. Clients are responsible for securing their content and maintaining their own backups. While GFX Design provides website backups, email backup capabilities are limited.
3.2. For website design services, clients must provide a full, detailed brief, including all necessary text and images. If content is not supplied, additional fees may apply.
3.3. Clients must follow standard security measures to protect their hosting and email accounts. GFX Design is not liable for any damages resulting from phishing, scam, or spam-related attacks.

4. Support & Service Level Agreements (SLA)

4.1. Support requests are typically responded to within 24 hours during working hours.
4.2. Limited after-hours and emergency support is available.
4.3. Excessive support requests may result in additional charges at GFX Design’s discretion.

5. Account Suspension & Termination

5.1. Accounts may be suspended or terminated for:

• Compromising server security by allowing malware, bots, or trojans.

• Hosting explicit, NSFW, or adult content.
  5.2. Clients receive renewal notices 60 days, 30 days, and 14 days before expiry. After 14 days, a reminder is sent, followed by a termination notice if unpaid. A 7-day grace period applies before termination.
  5.3. Backups may be retained for internal purposes but are not guaranteed to clients.

6. Intellectual Property & Ownership

6.1. GFX Design retains rights to all website structures and content created by GFX. Clients retain rights to their supplied text and images.
6.2. All websites built by GFX include a copyright notice in the footer.
6.3. Clients retain ownership of their supplied content.

7. Liability & Disclaimers

7.1. GFX Design does not guarantee 100% uptime or email deliverability but maintains a 99% uptime record.
7.2. GFX Design is not liable for data loss, hacking, or security breaches. Assistance in restoring data is provided where possible but may be subject to additional charges.
7.3. GFX Design is not responsible for third-party service issues (e.g., domain registrars, payment gateways).
7.4. Force Majeure: GFX Design is not liable for service failures due to uncontrollable events, including but not limited to natural disasters, cyber-attacks, or regulatory changes.

8. Modifications to Terms

8.1. GFX Design reserves the right to update these Terms & Conditions at any time. Clients will be notified via email or other usual communication channels.

9. Jurisdiction & Governing Law

9.1. These Terms & Conditions are governed by South African law, specifically under the Consumer Protection Act.

10. Dispute Resolution

10.1. Disputes will first be addressed through negotiation. If unresolved, legal action may be pursued.

By using GFX Design’s services, you agree to these Terms & Conditions.