Terms & Conditions

These Terms & Conditions govern all services provided by GFX Creative (Pty) Ltd trading as GFX Design. By using our services, you acknowledge that you have read, understood, and agreed to these terms.

1. Services and Scope

1.1 GFX Design provides website hosting services, including website hosting, email hosting, domain management, and technical support services.
1.2 Hosting packages are allocated according to storage and mailbox limits as advertised at the time of purchase.
1.3 Domain registration and renewal services are provided through third-party registrars and suppliers, subject to domain availability and registry regulations.
1.4 Email support includes remote setup assistance on desktop and laptop devices via AnyDesk or similar remote support software. Mobile device setup is not included unless otherwise agreed in writing.
1.5 Website maintenance, updates, troubleshooting, migrations, and development work fall outside standard hosting support and are billed separately at the applicable hourly rate or quoted per project.
1.6 All hosting services are provided on shared Linux-based hosting infrastructure unless otherwise specified.

2. Billing, Renewals & Payment Terms

2.1 All hosting services are billed annually in advance unless otherwise agreed in writing.
2.2 Domain renewals are invoiced in accordance with supplier and registrar billing cycles, which may occur up to 60 days before the actual domain expiry date.
2.3 Clients acknowledge and agree that domain renewal invoices are based on supplier renewal commitment dates and not solely on the public WHOIS or registrar expiry date.
2.4 Failure to settle a domain renewal invoice before the supplier renewal deadline may result in the domain not being renewed, suspended, placed into redemption, auctioned, or permanently lost.
2.5 Domains are treated as automatically renewable services unless cancellation is submitted in writing before the supplier renewal commitment date.
2.6 Once a domain renewal has been processed with the registrar or supplier, the renewal is final and strictly non-refundable.
2.7 Hosting services, domain registrations, domain renewals, migration fees, setup fees, and development work are non-refundable once provisioned, activated, processed, or delivered.
2.8 Late or unpaid invoices may result in suspension of services without further notice. GFX Design reserves the right to terminate services after 30 days of non-payment.
2.9 Reinstatement of suspended hosting accounts may incur an administrative or restoration fee.
2.10 Accepted payment methods include Electronic Funds Transfer (EFT), card payments, and any other payment methods approved by GFX Design.

3. Client Responsibilities

3.1 Clients are responsible for maintaining their own copies of all website files, databases, emails, and content.
3.2 While GFX Design may perform routine server or website backups for operational purposes, backups are provided without guarantee and should not be relied upon as the sole disaster recovery solution.
3.3 Email backup and recovery capabilities are limited and not guaranteed.
3.4 Clients must provide all required content, branding assets, login credentials, approvals, and project information necessary for website design or maintenance work.
3.5 Clients are responsible for maintaining secure passwords, endpoint security, and safe email practices.
3.6 GFX Design shall not be liable for losses resulting from phishing attacks, malware infections, compromised devices, weak passwords, social engineering, spam-related incidents, or unauthorized third-party access.
3.7 Clients may not use hosting services for unlawful activities, bulk spam distribution, malware hosting, phishing, crypto-mining, adult content, or any activity that negatively impacts server performance or reputation.

4. Support & Service Levels

4.1 Standard support is provided during normal business hours.
4.2 Support requests are generally responded to within 24 business hours, although response times are not guaranteed.
4.3 Emergency or after-hours support may be limited and may incur additional charges.
4.4 Excessive, abusive, repetitive, or unreasonable support requests may be billed separately at GFX Design’s discretion.
4.5 GFX Design does not guarantee uninterrupted availability of any third-party services including registrars, DNS providers, internet providers, payment gateways, or email delivery networks.

5. Account Suspension & Termination

5.1 GFX Design reserves the right to suspend or terminate services immediately where:
  • Services are used for unlawful or abusive activity
  • Malware, spam, phishing, bots, trojans, or malicious scripts are detected
  • Accounts compromise server stability, security, or reputation
  • Payments remain overdue
  • The client breaches these Terms & Conditions
5.2 Renewal reminders may be issued approximately 60 days, 30 days, 14 days, and 7 days before applicable renewal deadlines, but GFX Design does not guarantee delivery or receipt of renewal notices.
5.3 Clients remain solely responsible for tracking renewal dates and ensuring invoices are paid on time.
5.4 Suspended or terminated accounts may be permanently deleted after a reasonable retention period.
5.5 Backup retention periods are not guaranteed and backups may be removed at any time.

6. Intellectual Property

6.1 Clients retain ownership of all original content, trademarks, logos, text, and media supplied by them.
6.2 Website source structures, layouts, styling systems, custom configurations, and development methodologies created by GFX Design remain the intellectual property of GFX Design unless otherwise agreed in writing.
6.3 GFX Design reserves the right to display a website credit or copyright notice in the footer of websites developed by GFX Design.

7. Liability & Disclaimers

7.1 Hosting and internet-based services are provided on a best-effort basis.
7.2 GFX Design does not guarantee uninterrupted uptime, continuous availability, or guaranteed email deliverability.
7.3 GFX Design shall not be liable for indirect, incidental, consequential, or financial damages including loss of data, revenue, business opportunities, search rankings, or email communications.
7.4 GFX Design is not responsible for failures caused by third-party providers, registrars, upstream networks, software vendors, cyber-attacks, load spikes, hardware failures, force majeure events, or circumstances beyond reasonable control.
7.5 The client indemnifies GFX Design against claims arising from hosted content, unlawful activity, copyright infringement, spam activity, or misuse of services.

8. Modifications to Services & Terms

8.1 GFX Design reserves the right to modify services, pricing, infrastructure, package limits, and these Terms & Conditions at any time.
8.2 Updated Terms & Conditions become effective upon publication or notification to clients.

9. Governing Law

9.1 These Terms & Conditions shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.
9.2 Where applicable, services are provided subject to the Consumer Protection Act of South Africa.

10. Dispute Resolution

10.1 The parties agree to first attempt to resolve disputes amicably through negotiation.
10.2 If resolution cannot be reached, either party may pursue legal remedies available under South African law.