The fine print, kept fair.

General Terms & Conditions

We aim to produce the best possible product for our clients. Bearing this in mind, it is important to understand each other correctly.

1) Quotations

It is Cubic Snap's pleasure to provide the client with a cost estimate or quotation on any specified work. Quotations are valid for fourteen (14) days from the document date and are subject to the standard conditions and recognised customs of the web development and hosting industry in South Africa. Estimates and quotations not accepted within fourteen (14) days thereof shall be deemed withdrawn and cancelled. Clients will be notified prior to expiry and given an opportunity to extend a quote's expiry date should they require.

Quotations are based on the following critical condition: all content, text, images or any other relevant information will be supplied in final format, by the client, to Cubic Snap.

Quotations may include a design brief for the requested work stipulating the specific requirements and methods for the project, if required. Alterations to the quotation can be made within the 14 days; however any alterations will result in a new quotation being issued, and the new quotation will override the previously issued quotation.

All our quotations are carefully considered before being presented to the client. Reasonable assumptions are made based on the original request as to the exact workings or technical requirements of the project. We therefore reserve the right to amend our quotation should technical requirements change, or where requirements were not communicated properly to us at the time of the original request.

2) Deposit & Placement of Order

A 50% deposit of the total amount stipulated on the quotation becomes payable immediately on acceptance of the quotation. Cubic Snap (Pty) Ltd accepts the following payment methods: cash, electronic transfers and credit card payments.

All accepted quotations are added to our design/development schedule the moment the quote is accepted. Should the required 50% deposit not be received shortly after accepting the quotation, we reserve the right to move the project forward in our schedule until the deposit is received. No work will commence before a deposit or financial arrangement is made. We work on a first-come, first-served basis and prioritise clients who have already paid their deposit.

Placement of the order will only be accepted once we receive the signed quotation and proof of payment for the deposit. Alternatively, quotations can be accepted online via our website's quotation system. Accepting a quotation via our website binds you to our company's standard Terms & Conditions.

Cubic Snap (Pty) Ltd will issue the order and tax invoice on receipt of the required documents and deposit. Should a formal project plan and schedule document be required, the client may request their project manager to furnish them with such details.

Cubic Snap (Pty) Ltd reserves the right not to take on a new project under certain circumstances, at our discretion. Deposit payments received will not attract interest under any circumstances.

3) Conditions of a Project / Order

By accepting the quotation via our website, the client will be deemed to have ordered subject to the following standard conditions and recognised customs of the web development and hosting industry in South Africa, unless otherwise agreed in writing:

3.1 The client shall pay for any preliminary work which is produced at their request, whether experimentally or otherwise.

3.2 The client shall supply all the material required for inclusion in the client's website as stipulated in the specifications document, on the date specified by Cubic Snap (Pty) Ltd or as advised by the project manager. The client will not refuse or delay this process. Delaying the process could result in the project being rescheduled to a later stage.

3.3 Client's property and property supplied on behalf of the client will be held at the client's risk.

3.4 This agreement will commence on the effective date of the order and shall continue thereafter until completion of services. The actual completion date may vary from the estimated completion date due to numerous factors; the client cannot hold the developer responsible for the change in completion date. No development work will commence until the development specifications document is signed by the client.

3.5 The project manager requires approval from the client for the different stages in the development process. The project manager will inform the client when and by what date approval is required; the client will not refuse or delay the approval process. A delayed response on behalf of the client will result in the extension of project completion as determined by the developer and could result in an additional charge. After approval the client shall have no claim against the developer for any errors as approved by them.

3.6 Alterations or changes can be requested by the client at any stage during the development process, with restrictions on the number of requests as determined by the project manager, taking into consideration the specified design brief requirements and development time frame. Where requested alterations fall outside that criteria, the project manager will provide the client with a new cost estimate. The client will need to approve the new cost estimate before development can proceed.

3.7 On completion of the project the developer will request final approval from the client by issuing the final website approval agreement. The client will be responsible for approving all aspects of the project or website by signing the agreement and returning it to the developer. The client can report any errors or alterations required within seven (7) days of the agreement issue date. The developer will accept the project/website as approved after seven (7) days, with or without the signed agreement. Any alterations requested after the expiry date of the final website approval agreement will be charged for according to the developer's additional cost estimates.

3.8 Depending on the size of the project, Cubic Snap may issue a progress payment invoice not exceeding 85% of the total project value once the client has either come to our offices for a demo, or been presented with the demo URL of the completed website. Progress payment invoices are due immediately after the demo URL has been received or the demo has been completed.

3.9 Final payment becomes payable seven (7) days after the issue date of the final website approval agreement, on which date the final invoice will be issued. All services and/or products are rendered on a "cash on delivery" basis; accordingly all outstanding fees will be payable before delivery of the final product. Where a project is complete but no response is received from the client for a period exceeding 7 days, we reserve the right to deem the project complete and require final payment.

3.10 Once the developer has completed the project according to specifications, the project will be seen as complete and payment will become due as per point 3.9 above — irrespective of any outstanding content or 3rd-party information critical to the functioning of the website, such as terminal IDs and booking systems. Final payment cannot be delayed due to any 3rd-party vendor delays such as banks or payment gateway providers. All static content provided after completion of the project will be added under our general maintenance terms and billed at our prevailing standard hourly rate.

3.11 When payment is overdue, the developer may suspend the website without notice and without prejudice to any other legal remedy until due payment has been made. Any work started but incomplete may be suspended and payment therefore becomes immediately due and payable. If the client delays completion or payment for more than 30 days from the specified due date, there may be a penalty charge of not more than 10% of the quoted price per month. After thirty (30) days' notice the developer may exercise a general lien on the client's goods and property in their hands and may dispose of such goods and apply the proceeds towards such debts.

3.12 It is the sole responsibility of the client to determine whether the project/website ordered is suitable for the purpose for which they intend using it. The developer gives no warranty, express or implied, concerning the suitability of the goods for any purpose whatsoever, and shall not be liable for any direct, indirect, consequential or other loss to third parties.

3.13 Any contract is subject to cancellation or variation by reason of force majeure, or from any cause beyond the developer's control, including inability to secure labour, materials, power or supplies, or by reason of war, civil disturbance, riot, state of emergency, strike, lock-out or other labour dispute, fire, flood, theft or legislation.

3.14 Cubic Snap (Pty) Ltd offers free technical support for the lifetime of your website, unless: (a) the source code is edited or tampered with by either the client or a 3rd-party provider; or (b) your website is hosted by a 3rd-party company and not Cubic Snap (Pty) Ltd.

3.15 Cubic Snap (Pty) Ltd takes no responsibility or liability for content provided by the client. It is the client's sole responsibility to ensure that all content provided to Cubic Snap (Pty) Ltd is free of any copyright infringement or plagiarism.

3.16 The development specifications document is a binding contract between Cubic Snap (Pty) Ltd and the client. Should requirements not be listed in the specifications document, Cubic Snap reserves the right to bill additionally to cover the cost of developing the additional feature/requirement.

3.17 It is the client's sole responsibility to ensure that the supplied specifications document accurately details the development requirements. Any misunderstandings after completion of the project will not be entertained and may result in additional charges. It is therefore the client's responsibility to clarify all features and technical functionality before signing the specifications document and development commences.

4) Maintenance & Hourly Rate

We provide our clients with various maintenance packages. Cubic Snap (Pty) Ltd offers free technical support for the lifetime of your website should your website be hosted by Cubic Snap. If content changes or revisions are required, we strongly suggest a maintenance package. Where no maintenance package is in place, we will bill changes at our prevailing standard hourly rate (excluding VAT). Should your website be edited or changed by yourself or another 3rd-party vendor after finalisation of the project, we will not take responsibility to fix any errors or make revisions, and our prevailing standard hourly rate will apply.

5) Changes to Submitted Text

Please send us your final text. Time required to make substantive changes to client-submitted text after the web pages have been constructed will be billed at our prevailing standard hourly rate.

6) Web Hosting

The client understands that web hosting services require a separate contract. We strongly suggest that Cubic Snap (Pty) Ltd be used to host your website, as we can then guarantee correct functionality and deal with any support issues speedily. It is to be noted that we do not offer support on any 3rd-party hosting service. Should you decide not to host your website with us, we will do our best to accommodate your chosen hosting company, however we cannot take responsibility for their service, delays or any other problem which might arise. Any additional costs will be covered by the client, and could result in additional hours being billed at our prevailing standard hourly rate (excluding VAT).

6.1 Should you host your website with Cubic Snap (Pty) Ltd, we will bill monthly for any hosting fees payable. Traffic (bandwidth) and disk usage are provided as per the specific package the client has signed up for. Should usage exceed the allocated amount, we will bill for the additional usage on the next billing run as per our current published price structure, or automatically upgrade the hosting package to accommodate the requirement. We reserve the right to add such fees to your monthly debit order.

6.2 Any annual domain renewal fees will automatically be added to the client's debit order unless a written request not to do so has been received. Cubic Snap will always notify clients of domain renewals. Should you not wish to renew your domain name, we require a written request. If the request is received before the required notification date, no renewal fee will be payable; if received after, the client will be liable for the renewal fee irrespective of domain cancellation.

6.3 Should a client want to cancel their hosting with Cubic Snap, we require a request in writing. We have a one (1) calendar month notification policy and domains will only be cancelled after one calendar month.

6.4 Should a client wish to transfer their domain to another company, we require a request in writing. No transfer request will be honoured until all applicable hosting fees have been collected.

6.5 To safeguard your domain, Cubic Snap will under no circumstances provide FTP, database or email usernames or passwords unless specifically requested in writing by the authorising contact person, from the authorising email address/account.

6.6 Cubic Snap (Pty) Ltd reserves the right to terminate hosting and/or any services in the event of: failure to honour our billing terms; failure to abide by our Acceptable Use Policy in terms of spam and any other unlawful activities; poor business ethics and practices; or use of foul language and abuse toward staff, whether verbal or written.

7) Retention Period

Should web hosting or email hosting be cancelled, transferred, or pointed by means of a DNS update to a 3rd-party provider, Cubic Snap will retain backups of website files and/or email accounts for a period of 30 days after cancellation or transfer of services. Any websites we have built, including all design source files (if applicable), databases and source code, will be stored for a period of 5 years unless we are requested to destroy backups of the project.

8) Unattended Mailboxes

Should a mailbox be unattended for more than 90 days with no incoming or outgoing email recorded, it may automatically be deleted as unused.

9) Copyrights & Trademarks

The client warrants and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks or other artwork furnished to Cubic Snap (Pty) Ltd for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend Cubic Snap (Pty) Ltd from any claim or suit arising from the use of such elements furnished by the client.

10) Laws Affecting Electronic Commerce

From time to time governments enact laws and levy taxes and tariffs affecting internet electronic commerce. The client agrees that the client is solely responsible for complying with such laws, taxes and tariffs, and will hold harmless, protect and defend Cubic Snap (Pty) Ltd and its subcontractors from any claim, suit, penalty, tax or tariff arising from the client's exercise of internet electronic commerce.

11) Copyright to Web Pages

Copyright to the finished assembled work of web pages produced by Cubic Snap (Pty) Ltd is owned by Cubic Snap (Pty) Ltd. Upon final payment of this contract, the client receives full rights to all web page content, programming source code, pictures and any other media.

12) Refund Policy

This agreement begins with an initial payment of 50%. If the client halts work and applies by registered letter for a refund within 7 days of the initial deposit payment date, to the Directors of Cubic Snap (Pty) Ltd, work completed shall be billed at our prevailing standard hourly rate and deducted from the initial payment, the balance of which shall be returned to the client. If, at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, the client shall be liable to pay for all work completed at our prevailing standard hourly rate. No portion of the initial payment will be refunded after the initial 7-day grace period.

Billing Terms & Conditions

Domain Registration

A domain registration fee will be payable for each domain name registration, by the client, as per our standard prices. The registration fee is payable within 5 days of the registration date, by debit order from a bank account or credit card, or by electronic transfer. If no payment is received within this time frame, the domain name will be deleted and will therefore become available for re-registration.

Domain Transfers

A domain transfer fee will be payable for each domain name transfer, by the client, as per our standard prices. The transfer fee is payable by debit order from a bank account or credit card, or by electronic transfer. The transfer fee will automatically be added to the first debit order after the transfer date; alternatively the fee can be paid by electronic transfer before the next debit order date.

Domain Hosting

The hosting account will be activated on the domain registration/transfer date and all relating fees will be payable from this date. We require the completed Web Services/Hosting form within 14 days of activation of the hosting account. If not received, we reserve the right to suspend the hosting account until received.

The domain will be loaded on the hosting package as selected by the client on the hosting form; if no package is selected, the domain will be loaded on our default entry-level hosting package. Cubic Snap (Pty) Ltd reserves the right to recommend a hosting package should the selected package be insufficient, and to upgrade the hosting package accordingly. The client will receive notification of the upgrade and billing will be adjusted accordingly.

Hosting Payment Options

1. Monthly hosting fees are only payable in advance by debit order from a bank account or credit card, on the 1st or 15th of each month. No exceptions.

2. Bi-annual or annual hosting fees are payable in advance by debit order from a bank account or credit card, or by electronic transfer.

Annual Domain Renewals

A domain renewal fee will be payable annually for each domain name, by the client, as per our standard prices. Cubic Snap will send out an annual domain renewal notification to the client with an invoice indicating the fee payable, the domain renewal date and the termination notification procedure.

The domain will automatically be renewed on the renewal date if no termination notification is received as per instruction, and the client will be liable for the domain renewal fee. The renewal fee is payable by debit order from a bank account or credit card, or by electronic transfer, and will automatically be added to the first debit order before the renewal date. Cubic Snap will renew the domain name with the registrar on the client's behalf and pay the renewal fee within 3 months of the renewal date.

Traffic Over-Usage

Should your domain use more bandwidth than the allocated amount according to your hosting package, we will bill for the additional traffic on the next billing run, as per our current published price structure. Cubic Snap will send out a traffic over-usage notification with an invoice indicating the fee payable. Alternatively, your hosting package may automatically be upgraded.

Disk Over-Usage

Should your hosting package use more disk storage than the allocated amount, we will bill for the additional storage on the next billing run, or automatically upgrade your package to the next tier, as per our current published price structure.

SEO & Maintenance Packages

Monthly SEO and maintenance package fees are payable in advance on the 1st or 15th of every month, by debit order from a bank account or credit card. Annual package fees are payable in advance on the 1st of the month, by debit order from a bank account or credit card, or by electronic transfer.

Domain Name & Hosting Cancellation

We require a written domain name and/or hosting cancellation request; a calendar month notice period will apply. Hosting fees will be invoiced on a pro-rata basis, payable as per our standard billing terms. Your domain name will be deleted on the annual renewal date and will therefore become available for re-registration.

Defaulting on Payment

Payment by debit order: Should your debit order be returned as unpaid, we will charge the applicable bank service charge as a penalty. Cubic Snap will send out an unpaid debit order notification to the client with invoice(s) and/or account statement indicating the outstanding fee payable. We will give the client 14 days, from the original debit order date, to settle the account. If no payment is received within this time frame, the hosting account will be suspended without further notice.

Payment by electronic transfer: Cubic Snap will send out payment reminders and arrear account notifications for hosting fees and/or any other related fees. We will give the client 14 days, from the original invoice/payment due date, to settle the account. If no payment is received within this time frame, the hosting account will be suspended without further notice. Re-activation of services will only be considered on payment of all outstanding fees plus a re-activation fee and a new application form with the required payment details.

Arrears & Debt Collection

If an account is in arrears by more than 30 days, there may be a penalty added of 10% of the outstanding amount per month. If the account is 90 days in arrears, the case will be handed over to our debt collectors for collection of all outstanding fees. Please note all collection fees, penalties and/or interest will be for the client's account.

Up-to-date Contact Details

It is extremely important to ensure that your contact details with Cubic Snap are kept up to date. Should any of your details change, please contact our administration department.

Acceptable Use Policy (AUP)

Users of Cubic Snap (Pty) Ltd services are required to agree and adhere to all Terms & Conditions as specified in this AUP, as well as all other company Terms & Conditions and legal policies, without exception.

Lawful Use

Cubic Snap services, servers, systems and all other available infrastructure may only be used for lawful purposes and lawful activities. The client may not violate any applicable law or regulation of South Africa or their country of residence, and may not use or involve Cubic Snap's infrastructure in any such activity. These activities include, without limitation, fraud, theft, security breaching (such as hacking and cracking), malicious behaviour, harassment, and the use or distribution of pirated software.

The client may not use material or content that violates applicable law or regulation in South Africa or their country of residence. This includes, without limitation, material protected by copyright, patent law, trademark or any other intellectual property where authorisation of use is required, as well as material of a pornographic, violent, defamatory or offensive nature.

Abuse or Misuse of Services or Resources

Spam. Spam is strictly prohibited and will result in immediate account suspension. Spam refers to the sending of unsolicited communications of any kind — such as advertising, political or religious material — via Cubic Snap servers or infrastructure, and includes, without limitation:

• Unsolicited bulk messages — junk mail, chain letters
• Creating false accounts with the purpose of sending spam
• Sending unauthorised emails via 3rd-party servers
• Sending emails to recipients who requested to be removed from the mailing list
• Distribution of mailing lists to a 3rd party without consent

The client may not abuse or misuse any Cubic Snap service or resource in any way that affects the stability or reliability of the service, degrades it, or negatively impacts other clients or Cubic Snap's infrastructure. This includes, without limitation, excessive bandwidth usage, excessive disk usage, inefficient scripts or database queries, or operating services which enable or assist abusive actions by 3rd parties. Such abuse or misuse will result in account suspension.

Traffic quota. Traffic consumption is subject to reasonable use and is not restricted by a fixed quota.

Account Payment

The client agrees to all Billing Terms & Conditions, and to comply with them without exception. The client will pay the account on time as specified, by means of the required or allowed payment method, and/or as per the payment arrangement or signed payment authorisation form. Failure to comply will result in account suspension, and the client will remain liable for all costs as per the account plus any further costs incurred due to the suspension, such as penalty fees and legal fees.

Privacy Policy

Cubic Snap recognises the importance of client privacy and confidentiality with regard to the client's personal information, and has therefore implemented this Privacy Policy to protect it. The further aim of this policy is to describe our procedures in collecting, storing and handling client personal information.

Personal Identifiable Information

Personal identifiable information for individuals refers to: full name and surname, ID number, postal address, physical address, email addresses, contact numbers, and bank account or credit card details.

Personal identifiable information for companies refers to: full company name, registration number, VAT number, postal address, physical address, email addresses, contact numbers, and bank account or credit card details.

Website Visitors

We do not collect personal identifiable information from website visitors such as name, address, email address or contact numbers. We do collect non-identifiable information automatically and store it on our server for the purpose of statistical reporting — to obtain information such as the number of website visitors within a time frame, pages viewed and page-view ratios — in order to improve website functionality and navigation and to optimise our services, products and procedures.

Non-identifiable information collected includes: the IP address allocated to the device used to access the internet; the date and time a visitor accesses the website; the type of browser and operating system used; and the pages browsed. Cubic Snap will only use this non-identifiable information internally and will not share it with any third party.

Cubic Snap Clients

An individual and/or company will be regarded as a Cubic Snap client when a quotation request, quotation acceptance, service request, technical support request, or general enquiry related to any Cubic Snap product or service is submitted, whether online or via email. Service requests refer to domain registration, domain transfer, hosting, website maintenance and SEO services.

Cubic Snap will use the personal identifiable information provided by the client to successfully process the request. This may include the sharing of the information across departments and between individuals within Cubic Snap. Cubic Snap may request further personal information from the client to provide the required service; such information must be supplied in writing by the client, according to Cubic Snap specifications (e.g. a debit order authority form). Cubic Snap will only use the personal identifiable information internally, and will not share it with any third party unless under the client's instruction or when required by law to do so.

South African Law Compliance

All personal information received by Cubic Snap is protected in accordance with South African law — including the Electronic Communications and Transactions Act (ECTA), the Promotion of Access to Information Act (PAIA), and the Protection of Personal Information Act (POPIA). Cubic Snap complies with and adheres to the relevant statutory requirements and best practice under South African law.

Cubic Snap implements the necessary systems and procedures to protect the client's rights of privacy and confidentiality. We do not accept liability whatsoever for unauthorised or unlawful disclosure of the client's personal information by any third party.

Account Blocking Policy

Cubic Snap (Pty) Ltd reserves the right to suspend hosting services and block access to hosting accounts/services, without notice and at our sole discretion, under the following circumstances:

1. Non-payment of accounts.
2. Unlawful activities, or where unlawful activity is suspected. This includes, without limitation, fraud, theft, hacking, cracking, malicious behaviour, harassment, or any activity violating applicable law of South Africa or the country of residence.
3. Unsolicited communications via Cubic Snap servers (spam).
4. The use of material or content in any form violating applicable law in South Africa or the country of residence. This includes, without limitation, material protected by copyright, trademark or trade secret, or any other intellectual property where authorisation of use is required, as well as material of a pornographic, violent, defamatory or offensive nature.

Cubic Snap (Pty) Ltd further reserves the right to permanently suspend hosting and/or any other services, and to refuse all future services, at our sole discretion, under any of the above circumstances. The client will be liable for any and all costs incurred by Cubic Snap (Pty) Ltd, such as legal costs and loss of income due to damage of reputation and business operation.