Effective Date: January 4, 2024
Last Updated: January 4, 2024

1. ACCEPTANCE OF TERMS

By accessing, using, or purchasing any services from Wild Web Marketing & Designs (“Company,” “we,” “us,” or “our”), you (“Client,” “Customer,” “you,” or “your”) agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, you must not use our services.

These Terms constitute a legally binding agreement between you and Wild Web Marketing & Designs. By creating an account, making a purchase, or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. SERVICES PROVIDED

Wild Web Marketing & Designs provides the following services:

2.1 Web Hosting Services

Shared hosting, VPS hosting, dedicated server hosting
Domain registration and management
SSL certificates and security services
Email hosting and management
Database hosting and management
Content delivery network (CDN) services

2.2 Website Design and Development

Custom website design and development
Website maintenance and updates
E-commerce solutions
Content management system (CMS) implementation
Website optimization and performance enhancement

2.3 Digital Marketing Services

Social media management and marketing
Search engine optimization (SEO)
Pay-per-click (PPC) advertising management
Content marketing and creation
Email marketing campaigns

2.4 Branding Services

Logo design and brand identity creation
Brand strategy and consultation
Marketing material design
Brand guidelines development

2.5 Email Services

Professional email hosting
Email security and spam protection
Email backup and archiving
Email migration services

2.6 Domain Registration Services

Domain name registration for various TLDs including .com, .net, .org, .co.za, .co.uk, .com.au, and others
Domain name transfers and management
Domain renewal services
DNS management and configuration
Domain privacy protection services

3. ACCOUNT REGISTRATION AND RESPONSIBILITY

3.1 Account Creation

You must provide accurate, complete, and current information during account registration. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Account Security

You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this security obligation.

3.3 Age Requirement

You must be at least 18 years of age to use our services. By using our services, you represent that you are at least 18 years old.

4. PAYMENT TERMS AND BILLING

4.1 Payment Methods

All fees are payable in advance unless otherwise specified in your service agreement. Payment methods accepted include credit cards, bank transfers, and other methods as specified on our website.

4.2 Billing Cycles and Due Dates

Existing Members: All hosting payments are due by the 1st of every month. Accounts will be suspended on the 7th of the month for non-payment.
New Clients: Hosting services are billed every 30 days from the activation date. Accounts will be suspended after 7 days of non-payment, and a late fee of 5% will be added to invoices.
Other services are billed according to the billing cycle you select (monthly, quarterly, annually, etc.).

4.3 Late Payments and Account Suspension

Hosting accounts not paid by the due date will be suspended without notice
A late fee of 5% of the outstanding balance will be charged for late payments
Suspended accounts may have limited functionality until payment is received

4.4 Account Termination for Non-Payment

Unpaid accounts older than 90 days will be permanently terminated. Upon termination, all data, files, and configurations will be permanently deleted and cannot be recovered.

4.5 Bank Fees and Gateway Charges

We reserve the right to implement and pass on bank fees, payment gateway charges, and transaction fees to invoices for certain services. These fees will be clearly indicated on your invoice.

4.6 Refund Policy

We do not offer refunds on any services we have started or commenced. All sales are final once services have been initiated, delivered, or activated.

4.7 Price Changes

We reserve the right to change our pricing at any time. Price changes for existing customers will be communicated at least 30 days in advance.

5. DOMAIN REGISTRATION TERMS AND CONDITIONS

5.1 Domain Registration Services

Wild Web Marketing & Designs acts as a registrar or reseller for domain name registration services in South Africa, USA, UK, Australia, and other countries. Domain registration is subject to the terms and conditions of the respective registry operators and ICANN policies.

5.2 Domain Ownership and Responsibility

You are the registrant and owner of the domain name
You are responsible for providing accurate and current contact information
You must comply with all applicable laws and regulations regarding domain use
You are responsible for maintaining the domain name and ensuring timely renewals

5.3 Domain Registration Requirements

Domain names must not violate intellectual property rights of third parties
Domain names must not be used for illegal activities
Accurate contact information must be provided and maintained
You must comply with registry-specific requirements for each TLD

5.4 Country-Specific Domain Requirements

5.4.1 South Africa (.co.za domains)

Registration is subject to ZADNA (South African Domain Name Authority) policies
Local presence may be required for certain .co.za sub-domains
Compliance with South African laws and regulations is mandatory

5.4.2 United States (.us domains)

Registrant must be a United States citizen, resident, or organization
Compliance with US federal and state laws is required
Subject to .us Nexus requirements

5.4.3 United Kingdom (.co.uk, .uk domains)

Subject to Nominet UK terms and conditions
Compliance with UK laws and regulations is required
Right to use the domain name in the UK may be required

5.4.4 Australia (.com.au, .au domains)

Registrant must meet Australian presence requirements
Subject to auDA (Australia Domain Administration) policies
Compliance with Australian laws and regulations is mandatory

5.5 Domain Pricing and Currency Fluctuations

Domain prices are subject to change due to currency fluctuations and registry price changes
Price changes may occur without prior notice for renewals
We reserve the right to adjust domain pricing based on exchange rates and registry fees

5.6 Domain Renewals and Expiration

Domain renewals are the responsibility of the domain owner
Renewal notices will be sent but delivery is not guaranteed
Expired domains may enter redemption or deletion phases as per registry policies
Additional fees may apply for domain restoration from expired status

5.7 Domain Transfers

Domain transfers are subject to registry policies and authentication procedures
Transfer fees may apply as per current pricing
We are not responsible for failed transfers due to registrant error or registry issues

5.8 Domain Disputes

Domain disputes are subject to UDRP (Uniform Domain-Name Dispute-Resolution Policy)
We will comply with legitimate dispute resolution proceedings
Legal costs and fees related to domain disputes are the responsibility of the domain owner

6. ACCEPTABLE USE POLICY

6.1 Prohibited Activities

You agree not to use our services for:

Illegal activities or content that violates any applicable laws
Spamming, unsolicited bulk email, or mass distribution of unwanted messages
Hacking, cracking, or any unauthorized access to computer systems
Distribution of malware, viruses, or harmful code
Copyright infringement or intellectual property violations
Adult content, pornography, or sexually explicit material
Harassment, threats, or abusive content
Phishing, fraudulent activities, or identity theft
Resource abuse that impacts server performance for other users
Cryptocurrency mining or blockchain processing
Proxy services or VPN servers (unless specifically permitted)
File sharing or distribution of copyrighted material
Content that promotes violence, discrimination, or hatred

6.2 Resource Usage

Shared hosting accounts are subject to resource limitations. Excessive resource usage that impacts server performance may result in account suspension or migration to a higher-tier service.

6.3 Content Responsibility

You are solely responsible for all content uploaded, posted, or transmitted through our services. We do not monitor content but reserve the right to remove any content that violates these Terms.

7. SERVICE LEVEL AGREEMENT (SLA)

7.1 Uptime Guarantee

We strive to maintain 99.9% uptime for hosting services, excluding scheduled maintenance. Uptime is calculated monthly and excludes:

Scheduled maintenance (with 24-hour notice when possible)
Circumstances beyond our control (force majeure)
Issues caused by client actions or third-party services
DDoS attacks or security incidents

7.2 Maintenance

We reserve the right to perform scheduled maintenance with reasonable notice. Emergency maintenance may be performed without prior notice if necessary for security or stability.

8. DATA BACKUP AND SECURITY

8.1 Backup Policy

While we perform regular backups of our systems, you are responsible for maintaining your own backups of your data. We do not guarantee the availability or integrity of backups and are not liable for data loss.

8.2 Data Security

We implement reasonable security measures to protect your data, but we cannot guarantee absolute security. You acknowledge that no data transmission or storage is 100% secure.

8.3 Data Ownership

You retain ownership of all data and content you upload to our services. You grant us a limited license to host, store, and deliver your content as necessary to provide our services.

9. INTELLECTUAL PROPERTY RIGHTS

9.1 Your Content

You retain ownership of your content and are responsible for ensuring you have the right to use all content uploaded to our services.

9.2 Our Services

All intellectual property rights in our services, software, and infrastructure remain our property or the property of our licensors.

9.3 Custom Development

For custom development work, intellectual property ownership will be specified in the project agreement. Generally, you own the final deliverables while we retain ownership of underlying code libraries and frameworks.

9.4 Trademarks

All trademarks, service marks, and logos used in connection with our services are the property of their respective owners.

10. LIMITATION OF LIABILITY

10.1 Disclaimer

OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

10.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WILD WEB MARKETING & DESIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF OR INABILITY TO USE OUR SERVICES.

10.3 Maximum Liability

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

10.4 Essential Terms

The limitations and exclusions in this section are essential elements of the agreement between you and us. Our services would not be provided without these limitations.

11. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Wild Web Marketing & Designs, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from:

Your use of our services
Your violation of these Terms
Your violation of any third-party rights, including intellectual property rights
Any content you submit, post, or transmit through our services
Any disputes between you and third parties
Domain name disputes or intellectual property claims related to your domain registrations

12. TERMINATION AND CANCELLATION

12.1 Termination by You

You may terminate your account at any time by providing written notice. Termination does not relieve you of payment obligations for services already provided or committed fees.

12.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice, for:

Violation of these Terms
Non-payment of fees
Illegal activities
Abuse of our services or systems
Any reason that may harm our business or other customers

12.3 Effect of Termination

Upon termination:

Your access to services will be discontinued
Data may be deleted after a reasonable grace period
Outstanding fees become immediately due
Provisions that should survive termination will remain in effect

12.4 Data Retrieval

You have 30 days after termination to retrieve your data. After this period, we may delete your data without further notice.

13. PRIVACY AND DATA PROTECTION

13.1 Privacy Policy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your information and is incorporated into these Terms by reference.

13.2 Data Processing

We process personal data in accordance with applicable data protection laws, including GDPR and POPIA where applicable.

13.3 Data Location

Your data may be stored and processed in South Africa or other countries where we or our service providers operate.

14. DISPUTE RESOLUTION

14.1 Governing Law

These Terms are governed by the laws of South Africa, without regard to conflict of law principles.

14.2 Jurisdiction

Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts of South Africa.

14.3 Arbitration

For disputes involving amounts less than R50,000, we may require binding arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa.

14.4 Class Action Waiver

You agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated, or representative action.

15. FORCE MAJEURE

We shall not be liable for any failure or delay in performance under these Terms which is due to fire, flood, earthquake, elements of nature, acts of God, acts of war, terrorism, riots, civil disorders, rebellions, or other acts beyond our reasonable control.

16. MODIFICATIONS TO TERMS

16.1 Right to Modify

We reserve the right to modify these Terms at any time. Material changes will be communicated to you via email or through our website at least 30 days before taking effect.

16.2 Continued Use

Your continued use of our services after the effective date of any modifications constitutes acceptance of the modified Terms.

16.3 Current Version

The most current version of these Terms will always be available on our website at https://www.wildwebmd.com/terms.

17. GENERAL PROVISIONS

17.1 Entire Agreement

These Terms, along with our Privacy Policy and any service-specific agreements, constitute the entire agreement between you and us regarding our services.

17.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

17.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

17.4 Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms to any affiliate or successor.

17.5 Survival

Provisions that by their nature should survive termination shall survive, including but not limited to payment obligations, limitation of liability, indemnification, and dispute resolution.

17.6 Independent Contractors

Nothing in these Terms creates a partnership, joint venture, or employment relationship between you and us. You and we are independent contractors.

17.7 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

18. CONTACT INFORMATION

If you have any questions about these Terms and Conditions, please contact us:

Wild Web Marketing & Designs
Email: info@wildwebmd.com
Website: https://www.wildwebmd.com
Phone: +27615369032

Business Registration: [Your business registration number]
VAT Number: [Your VAT number if applicable]

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.