Terms of Use

Our Terms of Service

The terms of services from Tim’s Web Worx Designs (Pty) Ltd. and www.timswebworx.co.za [hereafter referred to as “Tim’s Web Worx”] constitute an agreement to these terms.

Website Design, Ongoing Support & Other Services

All Web Design & Development and Ongoing services provided by Tim’s Web Worx are subject to the following terms and conditions;

1. Estimates

Estimates provided to prospects will be honoured for 30 days only. A new quote will then be provided upon request.

2. Charges & Fees

2.1 Web Design Packages:

All new web design projects require an initial 50% deposit due when accepting the order. The remaining 50% balance will be due upon acceptance of the completed web design project before it is released to the client or published on the internet.

Tim’s Web Worx retains the right to hold all graphics and project development, except for content and graphics provided by the client, until payment is received for such items. (see copyright & ownership clause)

3. Payments

Tim’s Web Worx accepts payments via EFT and Debit/Credit Card (Payfast) as well as PayPal.  Your project will not be released to you or uploaded until full payment is received.

4. Hours of Operation

Our business hours are Monday to Friday from 8:30 am to 4:30 pm. Our website/hosting support is available 24/7 via ticket support.

Submit a Ticket

5. Website Design Credit

All Tim’s Web Worx web design clients will have a “Designed by: Tim’s Web Worx” link on their website in the footer of every page. This is non-negotiable. By hiring us to work on your website, you agree to this, and you understand that this link may NOT be removed without our consent. You may pay Tim’s Web Worx a fee of R500.00 to have this link permanently removed. Should you have a new layout designed for your site by a company other than Tim’s Web Worx, you may remove the credit from your website.

6. Copyright & Ownership

Upon completion of the project, Tim’s Web Worx transfers all rights and ownership of CUSTOM designs and programming written by Tim’s Web Worx to the client. Software and third-party graphics or programs are not transferred to the client and remain under the copyright of their respective owners.

Tim’s Web Worx reserves the right to resell custom-designed websites that remain unpaid by the original client or other graphics created by Advertising Solutions but not for legal use by the client.

Tim’s Web Worx reserves the right to display websites and graphics that Tim’s Web Worx have designed on their website and in any marketing material to aid as examples of our work.

7. Refunds

Tim’s Web Worx is unable to offer refunds on SSL certificates and domain services. Hosting services carries a 30-day money-back guarantee when the hosting plan was purchased separately and not part of a website design package. If you are dissatisfied with the services provided, we will be happy to work out a solution with you that will meet your company’s needs.

8. Chargebacks

Tim’s Web Worx will not negotiate chargebacks with any person or company. Our Refund policies are clearly stated above, and all clients are asked to read and agree to our terms of service before starting any project or paying for any services.

9. Development & Delivery

Tim’s Web Worx understands the importance of completing projects promptly. We agree to complete the web design project within the agreed time stipulated in your Quote. If the client does not supply Tim’s Web Worx with the complete text, graphic content, and other requested materials for the contracted client within 30 days of contract signing, the contract becomes void and all deposits paid by the client are forfeited. The client may request a project extension in writing to Tim’s Web Worx for an additional fee of 20% of the project’s total cost for every 30 days of extension. All extension fees are due upon agreement of the extension between Tim’s Web Worx and the client.

10. Non-Communication

If we are unable to communicate with a client on a project for a duration of at least fourteen (14) days by phone or email during the design and development process, the project will be canceled without prior notice, and no refund will be issued.

11. Liability

Services purchased from Tim’s Web Worx are provided “as is” without warranty of any kind that the web design project will be uninterrupted or error-free. In no event shall Tim’s Web Worx be liable to the client for any direct, indirect, special, punitive, incidental, or consequential damages arising from using the website, services, and goods provided to the client. This includes, without limitation, lost profits, business interruption, loss of data, or other losses directly resulting from the use of the website, services, and goods provided to the client. The entire risk as to the quality and performance of the web design is with the client.

12. Acceptance

Please note that you agree to all of our terms of service as written here by submitting your deposit or down payment for our services. Tim’s Web Worx reserves the right to change or update these terms without prior notice.

13. Ongoing Support & Internet Marketing Services

Are subject to the above terms and are paid yearly, monthly, or hourly depending on the agreement details as stated in the original estimate(s).

14. User Agreement & Hosting Terms of Service

The use of services from Tim’s Web Worx constitutes an agreement to these terms.

 14.1 Account Setup / Email on file

We will set up your account before we create your order. It is your responsibility to provide us with an email address that is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. You are responsible for ensuring the email address on file is current or up-to-date. Providing false contact information of any kind may result in the termination of your account.

 14.2 Content

All services provided by Tim’s Web Worx may only be used for lawful purposes.

The customer agrees to indemnify and hold Tim’s Web Worx harmless from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorised copying of content, images, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe your copyright or trademark is being infringed upon, please email abuse@timswebworx.co.za 

Examples of unacceptable material on all servers include:

IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, file dump, mirror, or banner-ad services (similar to Rapidshare, Photobucket, or commercial banner ad rotation), affiliate servers, topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Multi-Level Marketing Schemes, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / RPG’s, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers, and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.

Using a shared account as a backup/storage device is not permitted, except for one Direct Access backup of the same account.

Tim’s Web Worx services, including all related equipment, networks, and devices, are provided only for authorised customer use. Tim’s Web Worx systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of Tim’s Web Worx system(s) constitutes consent to monitoring for these purposes.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to an email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via ticket/email and will have a response within 24 hours.

If in doubt regarding the acceptability of your site or service, don’t hesitate to contact us via our contact form or email; we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography. Any site found to host child pornography or link to child pornography will be suspended immediately without notice.

Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set correctly, regardless of installation method. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be vulnerable, we will notify you and allow time for you to change/update your password.

 14.3 Zero Tolerance Spam Policy

We take a zero-tolerance stance against sending unsolicited e-mails, bulk emailing, and spam. “Safe lists” and “double opt-in” will be treated as spam. Users who spam will have their accounts terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to; SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organisation or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

Tim’s Web Worx reserves the right to require changes or disable any website, account, database, or other components that do not comply with established policies or to make such modifications in an emergency at its sole discretion.

Tim’s Web Worx reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean-up fee. This cost of the clean-up fee is entirely at the discretion of Tim’s Web Worx.

 14.4 Payment Information

You agree to supply appropriate payment for the services received from Tim’s Web Worx in advance of the period during which such services are provided. You agree that until and unless you notify Tim’s Web Worx of your desire to cancel any or all services received, those services will be billed regularly.

As a client of Tim’s Web Worx, it is your responsibility to ensure that your payment information is up to date and that all invoices are paid on time. Tim’s Web Worx provides a seven-day grace period from when the invoice is due and when it must be paid. Any invoice overdue for seven days and not paid will result in account suspension until the account balance has been paid in full.

Tim’s Web Worx reserves the right to change the prices/charges at any time.

 14.5 Backups and Data Loss

Your use of the service is at your sole risk. Tim’s Web Worx is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and maintain all appropriate backups stored on Tim’s Web Worx servers.

14.6 Cancellations and Refunds

Tim’s Web Worx reserves the right to cancel the account at any time, with or without notice.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

You may terminate any services on 30 days written notice to us in one of these ways:

• via the Tim’s Web Worx Client Area; or
• via email to Accounts from an authorised email address.

Once we receive your cancellation and have confirmed all necessary information with you via email, we will inform you in writing that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference and verification purposes. An employee will confirm your request (and process your cancellation) shortly after that.

We require that cancellations of service are made through an authorized email address to (a) confirm your identity, (b) confirm in writing that you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes and fraudulent/malicious requests. It ensures you know that the files, emails, and accounts may be removed immediately after a cancellation request is processed. A 30-day notice period applies for all cancellations.

There are no refunds on administrative fees, install fees for custom software, hosting (if purchased as part of a website design package), SSL certificates, or domain name purchases.

Violations of the Terms of Service or User Agreement will waive the refund policy.

 14.7 Uptime Guarantee

If your shared server has a physical downtime that is not within the 99.9% uptime, you may receive pro rata credit for the downtime on your account. Approval of the credit is at the discretion of  Tim’s Web Worx, dependent upon the justification provided. Third-party monitoring service reports may not be used due to various factors, including the monitor’s network capacity/transit availability. The server’s uptime is defined as the reported uptime from the operating system and the Apache Web Server, which may differ from the uptime reported by other individual services. To request a credit, please contact sales@timswebworx.co.za  with a justification. All requests must be made in writing via email. Uptime guarantees only apply to shared hosting solutions.

 14.8 Shared Servers

Shared accounts may not resell web hosting to other people.

 14.9 Price Change

We reserve the right to change prices listed on our company websites and the right to increase the number of resources given to plans at any time.

14.10 Indemnification

Customer agrees that it shall defend, indemnify, save, and hold Tim’s Web Worx harmless from any demands, liabilities, losses, costs, and claims, including reasonable attorney’s fees, asserted against Tim’s Web Worx, its agents, its customers, officers, and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold Tim’s Web Worx harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Tim’s Web Worx; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Tim’s Web Worx server.

15. Disclosure to law enforcement

Tim’s Web Worx may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies.

We will cooperate fully with law enforcement agencies.

16. Changes to the Terms of Services

Tim’s Web Worx reserves the right to revise its policies at any time without notice.

17. Registrant Education and Domain Name Registrants Rights

For more information about Registrant Education, please click here: http://www.icann.org/en/resources/registrars/registrant-rights/educational

For more information about Domain Name Registrant Rights, please click here: http://www.icann.org/en/resources/registrars/registrant-rights/benefits

18. Report Abuse

Any party seeking to report violations of any of Tim’s Web Worx policies may contact us via e-mail at abuse@timswebworx.co.za.

TWW Website Design Process

Please Make Sure you Understand the Full Process

1. Your Requirements

Get in touch with us by filling out the enquiry form, create a quote form, email, or by telephone. We’ll require all the information that you would like to have on your website, this includes information like your company profile, logo, who you are, what you do, contact information, images/photographs, and links to your social media accounts as well as any other functionalities that you may require, such as online shopping, events calendar, etc. in order to give you an estimated cost. Communication about the project details will be done via email in order to avoid any misunderstandings. Please do not use Facebook or WhatsApp we use an email ticket system to keep a record of all our jobs

2. Project Pricing Estimate

After receiving your requirements for the website to be designed, we will send you a quotation for the work to be done and the estimated completion time.

Note: The quote is based on the information we received prior to the creation of the quote. Any additions such as additional content or content changes, branding changes, additional functionalities, and important instructions that were not specified will be charged for. Please make sure that you have sent us the final content brief so that we can determine the scope of the project and give you an accurate quotation.

3. Acceptance

If you accept the quote and are ready to proceed, please let us know so we can send you the information on how to make payment and activate your domain name and hosting plan. As we are a small team, we have a limited amount of work we can take on at any given time. As such, any timeline that was given could be affected if there is a delay in deposit or communication.

4. Design Process

After we have received payment, we can start setting up your hosting and domain name. The time it will take to design the website will depend on the amount of work we have at the time, the amount of content you would like to have on your website and the complexity of the design.

5. Design Changes & Approval

We will inform you as soon as the initial design is completed. Please be sure to go through your website and let us know if there are any changes you would like us to make. We allow one round of changes (that are not outside of what was quoted) which needs to be submitted within 5 days after the completion of the initial design. Thereafter any changes we need to make will be done at an hourly rate.

6. Search Engine Submission

After the changes have been made, we’ll add the SEO markup and optimize the website for search engines. This includes optimizing the page titles, descriptions, and alt tags, creating a sitemap, and submitting your website to Google for indexing.

PLEASE NOTE: This does not include ranking your website on Google for specific keywords. This is only to get your website indexed/listed on Google. Indexing can take up to 4 weeks to complete. Ranking is a service on its own and will be charged for accordingly. 

7. Your Website is Live

Your website can now be found on search engines and users are able to view your website from anywhere in the world.

8. Support & Maintenance

Feel free to contact us if you require updates/content changes on your website. Content updates are charged at a monthly rate of R350.00.  We also have a 24/7 ticketing support system for any hosting/technical support, website support, or account queries you may have.