Rules of the Game (Terms & Conditions) – Extended Version –
Updated: 2013-03-01
Index:
Guarantees Page 01
Terms & Conditions Page 04
Guarantees:
Security:
You are safe with us. International good practice and precautions as well as security has been put in place to ensure your data, your site and your livelihood will not be effected by hackers, malware or online threats.
Limited Price Increases:
No changes to your package value or pricing will be made for, at least, the first 6 months of your registration with CloudSales, unless these are fully agreed upon by you, the client.
Best Price Guarantee:
CloudSales is committed to beating any quote on both pricing and quality of deliverables through an innovative business process. CloudSales accepts proof of pricing only from established (min. 2 years in similar business), South African registered businesses. The quality of one on one service must also be commensurate with that of CloudSales.
10% of Profits Go To Charity:
Specifically, CloudSales is devoted to educational and/or entrepreneurial ventures for youth and children. More on the company website.
No Hidden Costs:
You are told upfront about the conditions of the contract and all effort is made to provide quality service at competitive rates without deceptive practices. CloudSales is 100% compliant with the Consumer Protection Act and will trade in a responsible manner in relation to these guidelines.
We won’t Sell you Out:
We will never pass your personal details or company information to any other third party. Unless that is required and authorized by you for registrations such as payment gateway, online add-on services, Google Adwords and the like, or unless it is expressly defined by you as what you want for your own marketing and brand growth purposes.
Conditions:
Pricing & Increases:
Annual increases of 8% or more possible but these may be waived or reduced. However, CloudSales reserves the right to increase or change pricing structures at any time with a 30 day notice. This is based on fluctuating exchange rates, government policy changes, beer price increases or other vital variables.
Pay to Play
If payment is not received after 2 reminders or 30 days, your account will be archived. To re-activate a fee of R 500 is levied.
If payment is not received or pre-arranged within 90 days your account will be deleted and the domain may or may not be released to the public domain.
To Quit
Send an email from your registered email address and your account will be stopped at the next month end, after verification to ensure this was done purposefully.
If you would like to keep the installation, domain usage & settings, we will archive it for a monthly fee of R 50.
Go PRO – Seamless Scaling
To Upgrade or downgrade packages is seamless. In fact, you receive a 30% discount on all initial setup costs packages when you upgrade. Downgrading is completely free of charge – certain functionality may be disabled as a result.
Right of Termination of the Client
See: “To Quit” Section
Right of Termination of CloudSales
CloudSales and governing bodies reserves the right to terminate services if there is suspected illegal, fraudulent or unethical content or activity employed on the client platform.
Add-ons
Any addons delivered will be covered by a level one support package which will cover support for the add-on installation. – If upgrades/support is not longer available or if the add-on software is no longer functional, an alternative will be suggested and if this is not agreeable to the client, then the client is no longer responsible to pay and the add-on will be disabled.
Damage due to Reckless Behavior
CS does not take responsibility to any damage to the platform due to reckless deletions or manipulations on the backend by the client or any other possible event or action. Any damage to the system will be repaired at the client’s cost, including research and communications costs, unless the client is on an advanced service package.
Outages:
CS is not responsible for any bugs or loss of business as a result of system outages, system glitches, large-scale or national connectivity issues, including force majeure or any circumstances outside of the direct control of the organization.
CS does not take responsibility for mal-functioning Third-party add-ins, add-ons or modules, but is committed to resolving issues timeously.
Domain Ownership:
Domains registered by CloudSales under discounted or pre-arranged packages are registered under the property of Ultimate Growth cc T/A Cloud Sales and do not form part of the client agreement. These domains remain the sole property of Ultimate Growth cc T/A Cloud Sales and may or may not be transferred to the client upon negotiation. Typically, this transaction will not occur prior to 24 months of engagement. This forms part of Cloud Sales cost reduction policy and ensures the lowest possible monthly and setup costs.
If there is a need for sole ownership and mandate over the domain, this can be arranged at the viable, current commercial value.
Access to Core Files
To provide access to core server & platform files remains at the discretion of management. Access to Core Files may be transferred if the client agrees that CS will no longer be liable, and any guarantees for performance void, for any outages, hacks, fraud, glitches or sales problems due to not holding exclusive access to core files and ftp access.
Within this context any upgrades/repairs to the system will be liable for additional cost.
Updates & Upgrades
CS reserves the right to provide upgrades and updates to any system if there is a risk due to identified security breaches or potential incompatibility issues with relevant and/or current versions of support technologies.
Any Upgrades in the System will be done at “Slow”, usually unpopular, times so as to minimize inconvenience or delays on the client platform.
Package & Services Details:
The current offered services, packages, special offers and prices shall be listed on the “Product Comparison Chart”. CS reserves the right to modify, alter or completely change or remove any of these without prior notice or reason.
Refunds & Reimbursement Policy
The customer may request a 80% refund of initial setup costs of the package within 7 days of payment, provided no work has been done yet towards its provisioning, launch or design. If work has commenced then the client may apply for a 50% refund. If a significant amount of work has been accomplished then the initial setup fee cannot be reimbursed, however the monthly account fee may be reimbursed if no commercial usage of the site was done.
