MASK MEDIA'S TERMS AND CONDITIONS

Terms and Conditions

All content such as info (in word document) and images (jpeg, bmp, png, pdf format) must be supplied by the client. MASK Media may make certain changes with the client’s approval to improve SEO. The client retains sole responsibility for the correctness of their content unless MASK Media has been tasked with writing content.

MASK Media undertakes to complete a new website in 7 working or less, custom websites will take longer and design time will be advised together with a quote. MASK Media will from time to time request the client to provide information to complete the website. We trust the client to provide such information in a timeous manner. Should a client halt the development of a website for a period of 3 months or longer, MASK Media will invoice for the balance of the outstanding fees and continue to work on the website when the client is ready.

The latest hosting technology is used and is constantly upgrading their security systems. MASK Media cannot be held liable for any downtime during regular upgrades, security upgrades, server migrations or reasons beyond their control. The current benchmark is an uptime of 99.9%.

All work remains the property of MASK Media until paid for in full.

Once work has been carried out on a project, deposits are non-refundable and will be used to recover time spent on the project.

Unsolicited, Spam and Junk mail

Spam and unsolicited bulk mail are highly problematic practices. They affect the use and enjoyment of services by others and often compromise network security. MASK Media will take swift and firm action against any user engaging in any of the following unacceptable practices:

  1. Sending unsolicited bulk mail for marketing or any other purposes (political, religious or commercial) to people who have not consented to receiving such mail.
  2. Operating or maintaining mailing lists without the express permission of all recipients listed;
  3. Failing to promptly remove from lists invalid or undeliverable addresses or addresses of unwilling recipients.
  4. Using MASK Media’s service to collect responses from unsolicited e-mail sent from accounts on other Internet hosts or e-mail services, that violate this AUP or the AUP of any other Internet service provider.
  5. Including MASK Media’s name in the header or by listing an IP address that belongs to MASK Media in any unsolicited email sent through MASK Media’s network or not.
  6. Failure to secure a customer’s mail server against public relay as a protection to themselves and the broader Internet community. Public relay occurs when a mail server is accessed by a third party from another domain and utilised to deliver mails, without the authority or consent of the owner of the mail-server. Mail servers that are unsecured against public relay often become abused by unscrupulous operators for spam delivery and upon detection such delivery must be disallowed. MASK Media reserves the right to examine users’ mail servers to confirm that no mails are being sent from the mail server through public relay and the results of such checks can be made available to the user. MASK Media also reserves the right to examine the mail servers of any users using MASK Media’s mail servers for “smarthosting” (when the user relays its mail via a MASK Media mail server to a mail server of its own) or similar services at any time to ensure that the servers are properly secured against public relay. All relay checks will be done in strict accordance with MASK Media’s privacy policy.

Websites

Once a website we have created has gone live and/or admin access has been supplied to the client (for WordPress, Joomla & other CMS sites) or FTP access, MASK Media absolves itself of all & any responsibility regarding the correct ongoing functioning of the website (other than hosting accessibility if hosted by us). The client, by paying the balance of the development fee, accepts that all website work contracted has been completed and takes full responsibility from that point onwards. Should a problem occur after this handover point, any troubleshooting or other issues that are required to be investigated and fixed, will be billable to the client at our regular web development rates per hour.

In the event of hacking of an old, outdated website, there will be a per occasion backup & reinstatement fee commensurate with the size of the website to be reinstated, starting at R250. Clients are strongly advised to ensure their websites are kept current and have built in security software which is maintained monthly. In this instance, recovery will be done free of charge. Alternatively, to purchase and install an SSL certificate to secure the site.

Should you decide to move your website that you own from being hosted on our servers, the following fees apply:
– Outbound domain transfer fee: R200
– FTP Access: R250
– FTP + SQL database dump: R550

Details will only be supplied once full outstanding payment has been settled,

If the Customer fails to make any payment on the due date, MASK Media may, without prejudice to any of its other rights, suspend the performance of its obligations in terms of the Service Agreement, and will charge the customer a bounced debit order fee & suspension/re-connection fee as follows:

Bounced debit orders: R50 per bounced debit order

Revisions

Unless otherwise agreed upon in writing between the client and MASK Media, all projects will receive one set of free changes after receiving the preview link and one week to send through all changes. All changes should be sent through at once to qualify for the free changes.

Additional changes will require additional payments to be undertaken, these costs will be discussed with the client, and will depend on design/programming complexity, as-well-as the time needed to achieve the desired results.

It is the client’s responsibility to make sure the changes and accompanying info are correct.

Rights and Ownership

Rights: All services provided by MASK Media shall be for the exclusive use of the client other than for MASK Media’s promotional use. Upon payment of all fees, the following reproduction rights for all approved final designs created by MASK Media for this project shall be granted:

  • Client to gain full transferable rights to brand identity.
  • Client to gain full license to reproduce works through commercial printers.
  • Client to gain full rights to all files developed and designed, related to new website.

Ownership: The client shall be entitled to full ownership of all final artwork created and files developed during the project, upon full payment of the agreed fee.

 

Third party contracts: MASK Media may contract with other creative professionals to provide services such as but not limited to web development, photography, and illustration. Any third party terms and conditions will include full reproduction rights for the client. Where such contracting adds to the project cost, the client will first be asked for permission to proceed. No project will commence on the assumption that third parties might be required for project completion. Such details will be finalised prior to project commencement, unless requested by the client at a later date.

Payment

Payment must be made in full before any project is initiated. Additional payments may be required by the client should additional requests over and above the originally agreed upon workload are presented.

In the case whereby there are additional fees owed to MASK Media by the client, MASK Media reserves the right to withhold any/and/or all project files related to the job at hand, until payment has been made in full.

 

Refund: Refunds will be applicable only to clients whom pass the following criteria:

  • Late delivery by MASK Media [Not due to client actions – Should the refund be processed, www.maskmedia.co.za retains full rights and ownership to all content that was produced.]
  • Design/Development not acceptable, based on the original scope of work that supplied by the client to the client [If the work done follows the guidelines within reason, MASK Media will not be held accountable for the refund]

Indemnity

The client agrees to indemnify and hold harmless MASK Media from any and all claims, demands, losses, causes of action, damage, lawsuits, judgements, including attorneys’ fees and costs, but only to the extent caused by arising out of the work supplied by MASK Media

  • MASK Media specifically denies any responsibility for the accuracy, or quality of information obtained through its services.
  • In no event shall MASK Media or any of its representatives be liable for any loss, or loss of data, or any other damages.
  • The Customer shall hold MASK Media harmless against any claims that the Client may have against MASK Media for any services that MASK Media may provide.