Use of Giving More Website
1. Acceptance of Terms
1.1. By accessing or using Giving More (hereinafter referred to as "the Website" or "the Service"), you agree to comply with and be bound by these Terms and Conditions of Use. If you do not agree with any part of these terms, you must not use the Service.
2.1. "Business" refers to any company, organization, or entity that offers products or services and is listed on the Website.
2.2. "User" refers to any individual or entity that accesses or uses the Website.
3. Use of the Service
3.1. Users may access and use the Service for personal or commercial purposes in compliance with these terms and all applicable laws and regulations.
3.2. Users are solely responsible for their interactions with businesses listed on the Website and any transactions or agreements entered into with these businesses.
4. Business Listings
4.1. Businesses listed on the Website must provide accurate and up-to-date information about their products and services.
4.2. Businesses are responsible for updating their listings to reflect any changes in their offerings, contact information, or business status.
5. User Accounts
5.1. Users may be required to create an account to access certain features of the Service.
5.2. Users are responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account.
5.3. Users agree to notify the Website immediately of any unauthorized use of their account.
7. Intellectual Property
7.1. The Website and its content are protected by copyright and other intellectual property laws. Users may not copy, modify, distribute, or reproduce any part of the Website without prior written permission.
8. Disclaimer of Warranties
8.1. The Website is provided "as is" and "as available" without any warranties, express or implied.
8.2. The Website does not warrant the accuracy, completeness, reliability, or suitability of the information provided by businesses listed on the Website.
9. Limitation of Liability
9.1. The Website and its owners shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from the use of the Service.
10.1. Users agree to indemnify and hold harmless the Website and its owners from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from their use of the Service or violation of these terms.
11.1. The Website reserves the right to suspend or terminate user accounts or access to the Service at its discretion, with or without notice, for any reason, including a violation of these terms.
12. Governing Law
12.1. These terms shall be governed by and construed in accordance with the laws of South Africa. Users agree to submit to the exclusive jurisdiction of the South African courts.
13. Changes to Terms
13.1. The Website may revise these terms at any time without notice. Users are responsible for reviewing these terms periodically.
14. Contact Information
14.1. For questions or concerns regarding these terms and conditions, please contact us.
Website Design & Hosting
1.1. Giving More (hereinafter referred to as "Giving More") terms and conditions cover website design and services that provide (and/or include) internet services, including but not limited to hosting services (data/content hosting, server hosting, web hosting, and e-mail services). The design and set up of the website will be known as a project, which will commence on payment of the invoice and be completed within an agreed time frame; all other services will be charged on a case-by-case basis. Please note that although the commencement of the actual project can only be scheduled once we have all the relevant information, the non-refundable payment of the invoice ensures that the project takes the appropriate priority and covers the necessary preliminary work and resource deployment within the organization. The term within reason will be decided on a project-by-project basis by Giving More unless otherwise agreed in writing.
2. Design Credit and Marketing
2.1. The client consents to letting Giving More keep a design credit link in the website's footer as long as the website & technology provided by Giving More is accessible on the internet. No other third-party design credit link can replace the Giving More credit link while the website & technology provided by Giving More is active on the client's domain. A link to Giving More will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a fee of R1500.00 (one thousand five hundred rand and nil cents) will be charged.
2.2. The Client agrees that the website created for the Client may be presented in Giving More's portfolio.
3. Alteration of Terms and Conditions
3.1. Giving More reserves the right to alter and adapt its terms and conditions as and when circumstances deem it appropriate to do so.
4. Search Engine Optimization
4.1. Whilst Giving More will apply every reasonable effort to ensure search engine optimization, Giving More cannot be held responsible for any decline and/or alteration that may occur in third-party search engine optimization ratings, nor can search positions be guaranteed.
5. Client Undertaking
5.1. Acceptance of these terms and conditions means that the client and/or customer (the client) will:
5.1.1. Adhere to and comply with South African and, where applicable, international, legislation and regulations.
5.1.2. Take responsibility for their own users where appropriate and applicable.
5.2. Not engage in any and all Activities, which:
5.2.1. Are unlawful, incitement to commit criminal acts, harmful to, interferes with the use of Giving More network or systems, and/or the network of any other provider.
5.2.2. Interferes with the use or enjoyment of services received by others.
5.2.3. Infringes on any and all intellectual property rights.
5.2.4. Constitutes abuse, a security risk and/or a violation of privacy.
5.2.5. Results in the publication of material which is threatening, offensive, harmful, obscene, discriminatory, defamatory, and/or hate speech.
5.2.6. Are pornographic, are satanic, promote violence and/or promote anti-social behavior.
6. Project Specifications and Payment
6.1. The client is responsible for the project specifications AS PER THE OFFER PROMOTION and to pay the invoice upon receipt thereof, which is not refundable.
6.2. Payment of the invoice will constitute acceptance of the terms and conditions as set out herewith.
7. Giving More Undertaking
7.1. On the initial set up of the web design, extra charges can be levied for redesigns and additional changes at Giving More's discretion. Giving More requires the client to provide all the information that is necessary to complete the website as per the agreed-upon schedule, the performance of Giving More to complete the project to the client’s satisfaction is subject to the cooperation of the client at all times. Note that alterations, changes, and/or retyping of images, photos, information whichever is applicable will be done as per the agreed-upon schedule; any additional and/or redesigns will be regarded as a new project and a fee will be quoted.
7.2. Giving More cannot be held responsible for delays outside of their control, including but not limited to equipment failure, Third Party Hosting Services, and internet connections.
7.3. Giving More will apply every reasonable effort to ensure that the completed project will perform well in current major browsers, but cannot guarantee backward compatibility (i.e. functionality on older devices and software).
8. Client Input & Copyright
8.1. Required documentation refers to any and all information necessary for the timeous commencement and delivery of the project by Giving More. Note that alterations, changes, and/or retyping of images, photos, information whichever is applicable will be done within reason.
8.2. The Client is to provide all Required Documentation electronically to Giving More to initiate work on the project. Note that alterations, changes, and/or retyping of images, photos, information whichever is applicable will be done within reason.
8.3. If the Client has not submitted or provided all the Required Documentation within the scheduled time frame, then the client will be sent a final notice.
8.4. The Client has to ensure that they have the Copyright for all material supplied and used.
8.5. Giving More independent contractors, affiliates, agents, agencies or any associates involved in a Client’s project will not be liable or held responsible for any Copyright disputes.
8.6. If and when Giving More are informed that material was provided by the client without the required Copyright, illegal content will be removed immediately and the Client will be billed with the cost thereof.
8.7. Giving More does not take any responsibility for any and all content supplied from the Client without proper Copyright whatsoever.
8.8. The Client shall supply all content wording to be published in accordance with the specified project unless otherwise agreed to. Note that alterations, changes, and/or retyping of images, photos, information whichever is applicable will be done within reason.
8.9. The Client shall supply all Graphic Images to be published in accordance with the specified project unless otherwise agreed to. Note that alterations, changes, and/or retyping of images, photos, information whichever is applicable will be done within reason.
8.10. Graphic Images (including but not limited to artwork and logos) supplied by the Client must be of high digital quality and applicable format. Note that alterations, changes, and/or retyping of images, photos, information whichever is applicable will be done within reason.
8.11. Photographs supplied by the Client must be of high digital quality and applicable format. Note that alterations, changes, and/or retyping of images, photos, information whichever is applicable will be done within reason.
9. Payment & Hosting
9.1. Hosting via Giving More allows for allocated disk space limited to the Hosting package. Disk over-usage will be charged at the appropriate rate at that time, Invoiced to the Client’s account and must be paid upon receipt of the invoice. The Giving More hosting facility does not allow the use of bulk and /or unsolicited emailing.
9.2. The hosting fee only covers the maintenance of the server upon which the web site resides, it does not cover any change or update to the actual web site.
9.3. Monthly Hosting & Yearly Domain Fees must be paid upon receipt of invoice.
9.4. Payments not received will automatically suspend the Client’s Hosting service, thus deactivating the Client’s website and linked e-mail accounts.
9.5. A reactivation fee, at the appropriate rate at that time, will be billed to the Client.
9.6. Hosting fees not received for 2 consecutive invoices irrevocably terminate the linked website and associated e-mail accounts with the host. The Client’s domain registration remains for the balance of the yearly domain fee paid, but no software, design and/or development work associated with the domain is recoverable by reactivation hereafter.
9.7. Giving More reserves the right to suspend the Client’s services due to non-payment and charge fees, at the appropriate rate at that time, on all arrears in accordance with these Terms and Conditions.
9.8. Hosting cancellations are only accepted via e-mail to firstname.lastname@example.org on or before the 1st of the new month as it carries a calendar month notice period.
9.9. All outstanding payments must be paid up to date before the Client’s Hosting services will be terminated with Giving More, thus enabling release to transfer to a Third Party Hosting Service Provider.
9.10. The Client has to provide Giving More with their Cpanel, FTP, and database details to upload onto the Giving More software.
9.11. If the Client uses a Third Party Service Provider on Giving More’s recommendation, the Client will enter into an agreement directly with that Third Party Service Provider.
9.12. Giving More will not be held liable or have any responsibility for the Client’s Hosting Services via a Third Party Service Provider as Giving More does not have control over the status of hosting, domain renewals or e-mail when not hosted with Giving More.
9.13. All technical aspects of websites must be referred to the Client’s Third Party Hosting Service Provider.
9.14. Giving More will, however, assist the Client upon request with Third Party Hosting Service Provider(s). The time involved may be billed to the Client at the discretion of Giving More.
10. Project Completion
10.1. On design completion of the Client’s website, the website will be activated in accordance with the agreed-upon schedule, in order for the Client to preview and respond with amendments and/or improvements, by e-mail. Giving More reserves the right to levy a hosting charge within reason when the client fails to authorize and expedite the handover process upon completion of the website to the client’s satisfaction.
10.2. However, the Client’s actual website will not be affected as Giving More does all its work on a remote basis.
10.3. In order to secure the allocated design position in the schedule, the client is required to e-mail the Proof of Payment to Giving More as soon as it is practically possible to do so, which will be reciprocated with an email, allocating payment to said Invoice, to the Client, when said funds are confirmed by Giving More.
10.4. All work remains the property of Giving More until its full and final completion.
10.5. Activation of the Client’s website is conditional on these Terms & Conditions.
10.6. The Completion Date of a project is set out in the agreed-upon schedule.
10.7. The Client is also required to report any faults or request minor alterations within the agreed-upon schedule referred to above, by e-mail. Note that alterations, changes, and/or retyping of images, photos, information whichever is applicable will be done within reason.
10.8. Should Giving More not receive a reply within the agreed-upon schedule via e-mail, the Client’s website is considered finalized and completed. Therefore, Giving More takes no responsibility for website content errors thereafter nor will Giving More be responsible for any changes made by the client nor for any work done by the client. Notwithstanding the web site must be completed within the agreed-upon scheduled date. Giving More reserves the right to levy an additional charge for any work to be done outside of the initial agreement. Any website project not fully paid within the agreed-upon schedule will be cancelled, that is deleted from our server, and will no longer be recoverable.
10.9. The client will be required within the agreed-upon schedule to complete the transition of the completed web site from the development server to the client’s server or a third party server under contract to the client. If the client does not take ownership of the web site then the web site will be cancelled, that is deleted from our server, and will no longer be recoverable.
10.10. Additional Work requested and agreed to, or any other work in progress for the Client’s website after the Completion Date of the original Agreement, will be billed as a new project and be subject to these terms and conditions.
10.11. Giving More may suggest Additional Work for the Client’s project, including but not limited to graphic design, software, and such like to enhance the Client’s website functionality and appearance and reserves the right to do so free of charge or depending upon the scope of what is agreed may result in a new project.
10.12. The client may request access to their website’s Content Management System (CMS) from Giving More. Upon Giving More complying to this request, the client therefore indemnifies Giving More from any changes made by the client or any third party to the client's website, which includes but is not limited to any content changes, software updates, added software, or loss of information. In order to design websites and provide services to the client, Giving More relies on open-source software and related components. The client indemnifies Giving More from any loss or damage brought on directly or indirectly by any open-source software given to the client. All software and related components not created by Giving More continue to be subject to their original licenses and terms. The client acknowledges that Giving More is unable to transfer any third-party rights to them and the client accepts the terms and conditions set out by such third party.
10.13. A restoration fee for web sites, that have not been cancelled, in accordance with these Terms and Conditions, quoted and agreed to, will be billed when having to restore a website. Please note that Giving More cannot be held responsible for the maintenance including but not limited to storage and back up of any web site that has been handed over to a third party hosting service provider upon completion of the project.
10.14. Giving More commits to respond to any technical error, which may be the result of their Hosting services, design software, or any plausible fault, omission, or neglect on their part within what was agreed to, within a time frame negotiated with the client. Note that alterations, changes, and/or retyping of images, photos, information whichever is applicable will be done within reason.
10.15. Giving More is not liable to Client(s) or responsible for said products and/or services of Client(s) upon instructions not formally given to Giving More.
11.1. Giving More is not a credit service provider and does not grant any credit facilities whatsoever.
11.2. All Invoices are billed to the Client’s account and e-mailed to the Client in accordance with these Terms and Conditions, and payments made by the Client are allocated to Invoices upon Giving More having confirmed receipt of said funds.
11.3. Telephonic, Skype or e-mail queries will be responded to free of charge for confirmed Clients.
11.4. Failure to comply with these Terms and Conditions regarding payments and fees will result in legal action from Giving More legal representative(s), and the full outstanding balance becomes payable.
11.5. All legal cost resulting from non-payment will be accrued to the Client’s outstanding balance.
11.6. Should the Client cancel the project at any time, all fees up to that point of work will be calculated. Any amount greater than the initial invoice will be billed to the Client. This is payable upon receipt of the appropriate invoice.
11.7. Hosting and Domain Fees are non-refundable.
12.1. Giving More reserves the right at its discretion to cancel this Agreement should the Client breach any of the Terms and Conditions stated herein.
13.1. Giving More will not be held liable for any viruses, hacking, malicious content, or any Security breaches pertaining to any third-party applications or to the Client’s website.
13.2. Giving More may at any time suspend a domain should any viruses or malicious content be exposed through hacking or security breaches by any third-party application or website.
Marketing / Advertisers
1. Listing Acceptance and Payment:
1.1. Upon acceptance of the offer by the Client to list their business on the Giving More website, an invoice will be attached to an email, which will be sent to the Client using the email address supplied by the Client. The amount on the invoice is payable upon successful delivery of the email to the Client. The Client is responsible for providing artwork and content for their listing.
2. Content Approval:
2.1. Giving More reserves the right to review and decide on the appropriateness of the content provided by the Client for their listing. This includes any updates or changes that the Client may wish to make from time to time. Any changes made by the Client must conform to the guidelines set forth by Giving More and must not involve the creation of links other than those originally accepted by Giving More.
3. Third-Party Intellectual Property Rights:
3.1. The execution of client media design and presentation on the appropriate web pages may involve the use of client material available on the internet. The use of such material is subject to the approval of the Client and any applicable third-party intellectual property rights. If the Client formally indicates non-acceptance of the use of such material or if such material is not readily available, it is the Client's responsibility to provide appropriate material promptly. Giving More will follow up with the Client within 14 (fourteen) days from the date of payment of the invoice to ensure that the listing is accurate and compliant.
4. Responsibility for Advertised Services and Products:
4.1. While Giving More acts in good faith when dealing with the Client, we cannot be held responsible for the pricing and delivery of any service or product that the Client advertises on our platform. The Client is solely responsible for any transactions, agreements, or disputes related to the services or products they promote through our platform.
5. Client Dissatisfaction and Remediation:
5.1. We make every reasonable effort to fulfill our clients' specific requests. If a client is dissatisfied with the result, they must promptly notify us via email (email@example.com) to allow us to address the issue. We are committed to remedying any dissatisfaction promptly. However, please note that no refunds will be given after payment of the invoice, as specified on the invoice.