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Terms & Conditions

Payment Policies

  • Website Development. A 50% deposit is required before any web development can take place. The remaining 50% is due upon completion of the website, or within 60 days, whichever comes first. Depending on the size of the project a payment schedule of 50%, 30% and 20% may apply.
  • Development. Any technical development work including SEO, CSS, PHP or Database work will only commence once full payment has been received.
  • Graphic Design and Printing. Any graphic design and/or printing will only commence once full payment has been received. We do not offer printing services. We charge a 30% handling fee on all printing.
  • Hosting & Maintenance. Full payment is required before any hosting service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail. Payment is due on the first day of the month, for that month. New orders are pro-rata to the first day of the month. Billing will continue until you cancel your hosting account. We do not accept monthly EFT payments for hosting & maintenance services. We use FinGo to facilitate a debit order system that will debit your account automatically on the first of each month. If you do not wish to sign up on a debit order, then we can arrange for a once off annual EFT payment.
  • Marketing Retainers. All fees, including advertising spend, are due in advance for that month.

Late Payment

It is your responsibility to ensure that your payment information is up to date and that all invoices are paid on time. As per the National Credit Act (CDA) Launch Digital is allowed to charged 2% interest on all accounts that are overdue by more than 30 days.

You agree that until and unless you notify Launch Digital of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms & Conditions), those services will be billed on a recurring basis unless otherwise stated in writing by Launch Digital. Launch Digital reserves the right to allocate payments to the oldest outstanding invoice on your account.

Non-payment of outstanding service fee invoices will result in termination of the hosting service. There is no guarantee that a backup will be available.

Cancellation

Cancellations must be done via email to support@launchdigital.agency. You have the option of cancelling your account immediately or at the end of the billing period. If you choose to cancel the account immediately then your account will be terminated on receipt of the cancellation. Cancellation of a subscription does not cancel any outstanding invoices. All outstanding invoices are still due.

Domain Services

We use the services of a third-party registrar to register domains. The registration is subject to the terms of the relevant registrar. Registration, maintenance, or transfer of a domain name is subject to the terms of the relevant registry governing the domain name.

When registering a domain name, it is not your property, it cannot be “owned” by anyone. We will register the domain in the name of the “Registrant” and they will have full control of the domain. We cannot guarantee the registration of a domain name, we will make every effort to register the domain that you choose.

We will not be held responsible if you give us incomplete or inaccurate information that will lead to a delay in the registration process. If you are acting on behalf of the domain owner, you agree to register the domain in your customers’ name. It is important to ensure that the correct person or entity is disclosed as the registrant. All registrant details must be true and accurate, you are not allowed to prevent a domain owner from moving their domain away should they choose to do so.

We will only act on instructions of the account holder or other authorised users on the account. We act on your instructions to the extent that those instructions are possible and lawful.

All domain registrations are final. Domain names cannot be modified once they have been registered, a new domain will need to be registered.

You warrant that:

  • All information provided in the registration of the domain is complete and accurate.
  • You are entitled to register the domain name.
  • If you are not the domain owner, that you have permissions from the owner to act on their behalf.
  • You are not breaking any law or violating any Intellectual Property Rights by registering this domain.
  • The domain will not be used in a malicious way.

We will do our utmost to prevent expiry of your domain name, it remains your responsibility to ensure that the domain does not expire. Our billing system has been programmed to automatically generate your domain renewal invoice unless you expressly tell us not to do so, in which case the domain will expire. We try and send reminders before expiry dates. It may occur that reminders are not sent due to events beyond our control, we will not be held liable.

You indemnify us against any loss or damage that we may suffer arising from registration of your domain name.

Domain Cost Refund Policy

Please note that fees payable for domain registration and renewal costs are non-refundable. Launch Digital accepts no responsibility for any typing errors (spelling mistakes) you make when ordering a domain name with us. Once a domain name has passed its expiry date there is no guarantee that we are able to renew the domain, additional charges might apply in these cases.

Premium Domains

As various registries worldwide mark high-value domains as premium domains, these domains cost more. We will make every effort to apply pricing of a premium domain prior to checkout, however, this may not always be possible. Should the Customer have paid for a domain which is a premium domain / marked / reflected as premium, the Customer will be given the opportunity to pay the premium domain name fee or a refund of the price paid will be given to the customer.

SPAM Policy

Launch Digital takes a zero-tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Launch Digital may not use or permit others to use our network to transact in UCE. Customers of Launch Digital may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

If your actions have caused Launch Digital’s mail servers or Launch Digital’s IP address ranges to be placed on blacklists and other mail filtering software systems used by companies on the Internet, you will be assessed a R500 charge to your account for administrative charges incurred to remove and protect mail servers and IP ranges.

Content Policy

All services provided by Launch Digital are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any South African, United Kingdom or United States Federal, State, Provincial or City law is prohibited. This includes, but is not limited to copyrighted material, trademark, intellectual property, material that we judge to be threatening or obscene, or material protected by trade secret and other statutes without proper authorization. The subscriber agrees to indemnify and hold harmless Launch Digital from any claims resulting from the use of the service which damages the subscriber or any other party.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to Launch Digital servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

  • Pirated software
  • Hacker programs or archives
  • Fraudulent activities
  • Adult sites
  • Warez sites

Any illegal activity, online gambling, spamming or hacking will result in your site being shut down. The customer is solely responsible for the content stored on and served on their hosting space.

Launch Digital will be the sole arbiter as to what constitutes a violation of this provision.

Scripts and Software Policy

You are free to install and use any scripts you wish, (as long as they are not on our banned scripts list, see below) however we reserve the right to disable any script or software in your hosting account that affects normal server operation or service to other Launch Digital customers.

Launch Digital is not responsible for scripts that you use in your hosting. It is not our responsibility to ensure your scripts function correctly. Please don’t expect our support techs to troubleshoot aspects of your scripts or third-party scripts that you use on your sites hosted on our servers.

Launch Digital provides technical support for the server & server related software. Any scripts included in the Softaculous are 3rd party scripts and support is not provided by our techs.

The following scripts are banned due to the potential harm they can cause to other sites on the same server:

  • Torrentflux (and similar scripts)
  • AlienForm (all versions)
  • formmail.pl
  • Greymatter (all versions)
  • Open Webmail
  • Ikonboard (all versions)
  • IRC Egg Drops & IRC related programs.
  • Chat software
  • lstmrge.cgi
  • Proxy Servers & Scripts (EX: nph-proxy)
  • Shell, SSH, Telnet Scripts and Shell, SSH, Telnet Alternatives (cgitelnet.pl)
  • The Anonymizer
  • UltimateBBS (all versions)
  • YABB + YABB se (all versions)
  • Any script that uses / processes a massive number of flatfiles or large flatfile databases.

Resource Usage

Launch Digital’s hosting accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs server/network performance is prohibited by this policy and may result in suspension of your account without notice. You are prohibited from excessive consumption of resources, including processing time, memory and session time. You may not use resource-intensive programs which negatively impact other customers or the performance of Launch Digital’s systems or Hosting. Launch Digital’s reserves the right to terminate or limit such activities.

System and Network Security

Users are prohibited from violating or attempting to violate the security of the Launch Digital Network. Violations of system or network security may result in civil or criminal liability. Launch Digital will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing”. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Taking any action in order to obtain services to which such user is not entitled.

Backups

Full backups are made weekly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only.

Intellectual Property

We are the owner and/or authorised user of all trademarks, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Site unless otherwise indicated. Except as provided in these Terms & Conditions, use of the Site does not grant you any right, title, interest or license to any such intellectual property you may access on the Site. Except as provided in these Terms & Conditions, any use or reproduction of the intellectual property is prohibited.

You may view this Site and you are welcome to print hard copies of material on it solely for your lawful, personal, non-commercial use. All other copying, whether in electronic, hard copy or other formats, is prohibited and may breach intellectual property laws and other laws worldwide. Furthermore, you are not entitled to reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material, or use it for commercial purposes, without our prior written consent. All other rights are reserved.

Refusal of Service

We reserve the right to refuse service to anyone for any reason not prohibited by law. We reserve the right to terminate service to any customer for any reason not prohibited by law.

Any deliberate attempt to cause damage to Launch Digital’s servers, the Launch Digital network or any other internet servers will result in immediate account deactivation without prior notice.

WordPress Design & Development

We create look-and-feel designs and flexible layouts that adapt to the capabilities of many devices and screen sizes. We use static visuals to indicate a look-and-feel direction (colour, texture and typography.) We call that ‘design atmosphere.’ We create designs iteratively, so we won’t waste time mocking up every template as a static visual.

As work commences, you have the right to review our work and provide feedback at any time. If at any stage, you’re not happy with the direction our work is taking, you’ll pay us in full for everything we’ve produced until that point and cancel this contract.

Text content

We’re not responsible for writing any text copy. If you’d like us to write new content for you, we can provide a separate estimate for that. However, all content provided to us by yourself will be updated with the correct keywords as per our Search Engine Optimisation strategy.

Photographs

You should supply graphics files in an editable, vector digital format (AI, CDR). You should supply photographs in a high-resolution digital format (JPG or PNG). If you choose to buy stock photographs, we can suggest stock libraries. If you’d like us to search for photographs for you, we can provide a separate estimate for that.

HTML, CSS and Javascript

We design in WordPress and use templates developed from HTML5 markup, CSS2.1 + 3 stylesheets for styling and unobtrusive Javascript for feature detection, polyfills and behaviours.

Browser testing

Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.

Desktop browser testing

We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Internet Explorer), Mozilla Firefox and Opera. We’ll also test to ensure Microsoft Internet Explorer for Windows users get an appropriate, possibly different, experience. We won’t test in other older browsers unless you specify otherwise. If you need an enhanced design for an older browser, we can provide a separate estimate for that.

Mobile browser testing

Testing popular small-screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. We test our work in:

iOS: Safari, Google Chrome and Opera Mini

Android 4.1: Google Chrome, Firefox and Opera Mini
Android 3.2: Browser, Firefox and Opera Mini

We currently don’t test Blackberry OS or Blackberry QNX, Opera Mobile, Symbian or other mobile browsers. If you need us to test using these, we can provide a separate estimate for that.

Changes and revisions

We know from experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas. We don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the length of time we estimate we’ll need to accomplish everything you’ve told us you want to achieve, but we’re happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as we’ll provide a separate estimate for that.

30 days of free maintenance

Once final payment has reflected in our account, you will receive 30 days of free website maintenance to fix any issues that may arise from the original development. We are also open to making small content changes, subject to our digression. Any additional changes requested during this period, which were not in the original scope of work, will be considered a new project and quoted for accordingly. Launch Digital is not responsible for fixing any errors that may arise from a client’s editing their website.

Social Media Community Management

As part of our Social Media management packages, Launch Digital offers basic community management, which refers specifically to:

  • Answering comments, questions, complaints & messages
  • Monitor & review content posted to the page

We will monitor social pages between 8am – 5pm, Monday to Friday. Public holidays not included. We aim to respond to comments, queries & messages as fast as possible, but we cannot guarantee an exact response time.

Launch Digital will only respond directly to comments, questions, complaints & messages with the information provided by the client or with information that is available on the company website. More complex matters will be escalated to the client who can either respond directly or provide us with the information with which to respond.

Legal stuff

We can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them. Finally, if any provision of these terms & conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.

Copyrights

First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves or that you’ve permission to use them.

Then, when your final payment has cleared, copyright will be automatically assigned as follows:

You’ll own the visual elements that we create for this project. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all elements of text, images and data you provided unless someone else owns them.

We’ll own the unique combination of these elements that constitute a complete design and we’ll license that you, exclusively and in perpetuity for this project only unless we agree otherwise. We can provide a separate estimate for that.

We love to show off our work and share what we’ve learned with other people, so we reserve the right, with your permission, to display and link to your project as part of our portfolio and to write about it on websites, in magazine articles and in books.

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