Terms & Conditions

Terms and Conditions

 

These Terms and Conditions, which, as amended online from time to time, constitute the entire agreement (“The Agreement”) between you (the client) and Digital Lime Green (proprietor Lime Green Digital (Pty) Ltd, reg. no. 2017/442214/07) in respect of the provision by Digital Lime Green to you of services as ordered, subscribed for, or supplied to you from time to time.

Definitions

Data means any files, folders, or data recorded information, regardless of form, the media on which it is recorded, or the method of recording, the term includes technical data and computer software. This includes all information on your server including emails and database files on phpMyadmin or any other database source.

You or your means the Customer, including a legal entity (such as a company), who enters into an Agreement with Digital Lime Green.

Terms of Service means these general terms of service governing us providing Services to you

Personal Data means any information about an identified or identifiable natural person (‘Data Subject’) which is processed in terms of any applicable Data Protection Law.

Customer is any person identified on the application form for Services or in any addendum

Customer Data means any username, password or email address we give the Customer as part of the Services.

General Terms and Conditions for Digital Lime Green Services

The price/s for all Digital Lime Green packages, services, and optional choices relating thereto, shall be as set out in each applicable order form and/or accepted quote. Digital Lime Green reserves the right at its sole discretion to decline to accept any order, and/or to terminate any service/s at any time. In this event, you will be entitled to a refund of any amount/s paid in advance in respect only of any service not provided prior to termination. Where services are supplied on an ongoing or subscription basis, prices are subject to increase from time to time on one calendar months’ notice.

Cancellation of service/s. You may cancel your subscription on one calendar month’s written notice to Digital Lime Green.

Hourly Rates. Unless specifically otherwise stated in writing within a period of 1 month prior to work commencing, our standard hourly rate for any work completed outside of that stated within your package is R650. Digital Lime Green will always endeavor to inform you, the client, of such charges before any work commences. This amount may increase from time to time.

Quotes. When a quotation is provided by Digital Lime Green, the final project value may vary from the initial quotation if additions or alterations are requested to the original scope of work.

Payment. All subscriptions and other ongoing fees are payable by you in advance. In the event of any non-payment at any time, Digital Lime Green reserves the right to immediately and without notice terminate or suspend all services. In respect of certain services, Digital Lime Green may require a non-refundable upfront payment of a deposit and/or setup fees. For certain services, Digital Lime Green may also require you to sign a debit order authorizing Digital Lime Green to debit applicable fees and charges from your nominated bank account.

Copyright. Newsletters, in the websites www.digitallimegreen.com, and www.digitallimegreen.co.za, their contents and all material and data thereon, and as specifically provided in the Terms and Conditions applicable to individual Digital Lime Green services, is reserved by Digital Lime Green. The same may not be used, redistributed, transmitted, disseminated, copied, imitated, or reproduced in any form without the prior and specific written permission of Digital Lime Green.

Additional Stock Photography. If for any Digital Lime Green service you require additional stock photography or other images, the costs thereof will be for your account unless otherwise stated in the applicable order form or quote.

Disclaimer. You agree to use our services and websites entirely at your own risk and Digital Lime Green does not warrant that its websites, nor any email, newsletter or other electronic communication, nor any website produced for you or other service supplied to you, is free of viruses, worms, trojan horses, harmful components, malware or any form of harmful, destructive or unlawful code, data or features. Digital Lime Green will endeavor to deliver services on time but will not be liable for any delay or loss whatsoever in respect of delivery arising out of any cause beyond its control.

Limitation of Liability. To the full extent allowed by law, Digital Lime Green will not be liable for any damages whatsoever, whether direct, indirect, consequential, incidental or otherwise. In the event that Digital Lime Green is found to be liable in any regard, such liability (however arising) will without exception be limited to an amount equal to the sums paid or payable by you in respect of the service to which such liability relates. It remains your responsibility to ensure that all content submitted is of a standard satisfactory to you. You agree to indemnify Digital Lime Green, our directors, employees, suppliers, contractors, and associates, against any claims, costs, damages, liabilities, losses, expenses, negligence, actions, civil claims, suits or proceedings suffered, sustained or incurred by you or any third party based on any work prepared by or approved by you.

Amendment and Notices. Digital Lime Green may amend this Agreement at any time, and any amendment/s to this Agreement shall bind both parties from the date of notice of such amendment/s to you. In the event of such amendment/s, you may terminate your subscription for any service and will in that event be entitled to a refund of any amount/s paid in advance in respect only of any service not provided prior to termination.

Any notice in terms of this agreement will be deemed to be given and accepted when transmitted to any e-mail address given by you in each applicable order form or quote (or any amended e-mail address/es advised to us in writing thereafter).

Website Services

Payments relating to websites. Regular monthly payments will be due regardless of website completion. Any additional work outside of that specified in the applicable quote/package may be charged at our standard hourly rates, or at a premium wherever costs are incurred by Digital Lime Green.

Cancellation and Website Transfer Fee. In the event that you give written notice of cancellation and wish to transfer your website to another provider, a fee equivalent to a 12-month period will be payable by you before transfer. On cancellation at any time, all websites and related services including maintenance, and updating of the website cease. Hosting will continue at a cost of R100 per month unless stated in writing that hosting should be canceled.

Search Engine Optimisation (SEO).Whilst basic search engine optimization is included with the creation of websites, Digital Lime Green cannot give any guarantees regarding the actual results and success of the website’s performance, as these are subject to variables and circumstances beyond our control.

Website Security. Whilst website security is included with the creation of websites, Digital Lime Green cannot give any guarantees regarding the actual security of the website from hackers or any other form security breach as these are subject to variables and circumstances beyond our control.

Backups and Website Software Performance. Whilst Digital Lime Green tries to provide reliable up to date software with the creation of websites, Digital Lime Green cannot give any guarantees regarding the actual website software performance or any errors, crashes, malfunctions, failure, or misuse as these are subject to variables and circumstances beyond our control.

When hosting through Digital Lime Green we have systems in place to assist our critical technical infrastructure to recover from a natural or human induced disaster. However, we do not specify any recovery time and are not liable for any loss or damage you suffer as a result of a disaster. You must make backups of your data. Nothing contained in our Agreement will be seen as a representation that any back-ups of data we have implemented will be successful or in any way will assist with disaster recovery. When hosting with any other provider no guarantee can be given for any website backup recovery as these are completely out of Digital Lime Green’s control.

Maintenance. Should monthly maintenance (which includes monthly updates and website security) exceed that specified, our standard hourly rates will apply thereafter.

Hosting, Domain Registration, and Renewals. Where required, Digital Lime Green will handle all hosting, domain registrations, and renewals to the extent included in your package. When a third party is responsible for the maintenance of your domain or mailboxes, Digital Lime Green will only provide the hosting for the websites on our platform. Digital Lime Green will gladly provide login and administration details to you on request, should you wish for yourself or another third party to manage this for you. Digital Lime Green reserves the right to limit and/or deny access to the core files and control panel of the website.
Your hosting account can be managed by yourself on the konsoleH Control Panel provided by Xneelo (Pty) Ltd. You will receive logins from these once your domain has been registered. Access to konsoleH: https://secure.konsoleh.co.za/

By agreeing to use the services offered by Digital Lime Green you are also agreeing to the terms of service, acceptable use policy, and privacy policy set out by Xneelo (Pty) Ltd. These can be viewed from the following web addresses.

Acceptable use policy: https://xneelo.co.za/legal/acceptable-use-policy/
Terms of service: https://xneelo.co.za/legal/terms-of-service/
Privacy policy: https://xneelo.co.za/legal/privacy-policy/

Package Limitations. Each Website package will be subject to the following limitations, should hosting and domain management be required:

● Basic Package: A limit of up to 100 email addresses, 1000MB of storage, and 1000MB of web traffic.
● Professional Package: A limit of up to 100 email addresses, 1500MB of storage, and 1500MB of web traffic.
● eCommerce Package: A limit of up to 100 email addresses, 2000MB of storage, and 2000MB of web traffic.

Advertising Services (Google Ads, Facebook Ads, Linkedin Ads, Twitter Ads, Adroll)

Relationship. The Client appoints Lime Green Digital (pty) Ltd as an advertising agency to provide design and digital marketing services as stipulated above. Either party may cancel the arrangement with a 30-day calendar notice.

Payment by The Client. Pricing for services and deliverables as per contract proposal. All services are prepaid. No work will commence until full payment is prepaid. Full payment of the monthly amount is due on or before the 1st of every month via debit order.

Liability. The Client hereby indemnifies Lime Green Digital (pty) Ltd and holds it harmless against:

• any loss, liability or damage arising from the rendering of the services; and
• any claim of any nature whatsoever, including product liability, which may be brought against the Client or any of its employees, or any of its agents or contractors, whether acting within the scope of their authority or not to the extent that:
• The Client acts or omissions have caused the relevant liability, loss or damage or claim;
• the loss, damage, liability or claim relates to something the clients’ representative has specifically signed off/ approved any work completed by Lime Green Digital (pty) Ltd via email or in a written response

Once the ownership from Lime Green Digital (pty) Ltd to The Client has taken place any approved / signed-off design, development and digital marketing work from Lime Green Digital (pty) Ltd, the future maintenance, website updates, plugin updates, alterations, protection against hacking & viruses, routine website updates, web maintenance website updates, create website backups, hosting become The Client’s responsibility.

Disclaimer and limitation of liability. Lime Green Digital (pty) Ltd does not undertake, promise, warrant or guarantee that the rendering of the Services will result in any improvement in the business or brand performance of The Client howsoever measured, whether by increased sales, market share, profits, brand loyalty, brand equity, client survey scores, promotor scores, brand awareness, client engagement, rankings of any nature, or any other measure.

The Client agrees that neither it, not any of its affiliates or associates, will hold Lime Green Digital (pty) Ltd liable for any negative business or brand performance, whether directly or indirectly related to the Services performed by Lime Green Digital (pty) Ltd, howsoever measured, whether by reduced sales, market share, profits, brand loyalty, brand equity, client survey scores, promotor scores, brand awareness, client engagement, rankings of any nature, or any other measure.

Notwithstanding the aforesaid and anything contained in this Agreement to the contrary, the total liability of the Parties to each other or any of its affiliates or associates for all actions or claims of any kind arising out of or relating to this Agreement (including any Addendum) whether based on contract, delict (including but not limited to strict liability and negligence), warranty or other legal or equitable ground’s shall be limited to an amount equal to R10.00.

Changes. It is understood that any requests for edits outside of this document or outside of the original “Scope of Work” will be billed separately, at an hourly rate A maximum of one free revision of work completed is offered. Thereafter, revisions can be made at R 650.00 p/h ex VAT

Jurisdiction and governing law. This Agreement shall be subject to and shall be governed by the laws of South Africa.

 

Search Engine Optimization (SEO)

Lime Green Digital (Pty) Ltd can not guarantee search positions or rankings of websites, but include Search Engine Optimisation (SEO) in the form of Google webmaster tools submission, google analytics integration, meta tags and descriptions, structure and basic content recommendations for all websites developed. Lime Green Digital (Pty) Ltd can assist with The Client’s SEO if and when required and will issue The Client a Quotation accordingly.

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Lime Green Digital (Pty) Ltd 2017/442214/07
D-U-N-S Number: 557380380
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