Lime Online Terms and Conditions

  1. PAYMENT CONDITIONS
    1. The client or their agent hereby gives his/her consent for a credit check.
    2. Outstanding accounts are subject to default listing on a national credit bureau database.
    3. The client or their agent agrees to pay the full amount on the Tax Invoice at the Business Address of the Digital Agency or at such other place that the Digital Agency may designate in writing.
    4. The Client or their agent has no right to withhold payment for any reason whatsoever and agrees that any extension of time given for payment shall be valid only if reduced to writing and signed by the client or their agent and a duly authorised representative of the Digital Agency.
    5. Prepayment is required if credit is not established ten (10) business days prior to the issue’s closing date.
    6. The advertiser or their agent shall pay all taxes on the sale of ad space as per law.
    7. The client or their agent is not entitled to set off any amounts due to the client or their agent against it’s indebtedness to the Digital agency.
    8. The risk of payment by cheque through the post or by electronic funds transfer rests with the client or their agent.
    9. Payment terms are strictly 30 days from invoice date. Accounts not paid within 60 days will be handed over immediately for collection or legal.
  2. DEFAULT IN PAYMENT
    1. The client or their agent agrees that if an account is not settled in full (a) against order; or (b) within the period agreed, the Digital agency is entitled:
      1. to forward a letter of demand using a third party demanding full and final payment.
      2. on payment of the outstanding debt, the default listing will be adjusted to read “Paid Default” until legislation demands complete removal.
    2. The client or their agent shall be liable to the Digital agency for legal expenses incurred by the Digital agency on attorney-and-own client scale in the event of (a) any default by the advertiser or their agent (b) any litigation in regard to the breach, validity or enforceability of this agreement. The advertiser or their agent shall also be liable for any tracing, collection or valuation fees incurred as well as for any costs including stamp duties, for any form of security that the digital agency may demand.
    3. In the event of the client or their agent being in arrears with any payment or in breach of any terms of this agreement, the Media Company is entitled to withhold advertising placements with the advertiser or their agent remaining liable for the completion of the contract within the stipulated period. Failing this, a surcharge will apply.
    4. The client or their agent agrees that interest shall be payable to the Media Company at the maximum legal interest rate prescribed in terms of the Usury Act on any accounts in arrears, and that interest shall be calculated daily LIME ONLINE (PTY) LTD TERMS AND CONDITIONS and compounded monthly from the date of invoice.
  3. LIABILITY
    1. The Digital agency is not liable for any failure or delay in third party digital channels that is used to deliver a service or platform, or arising from, an act of God, accident, fire, strike, terrorism or other occurrence beyond Digital agency control.
    2. The client or their agent agrees that neither the digital agencies nor any of its employees will be liable for any negligent or innocent mis-representatives made to the client or their agent.
    3. The Media Company shall not be held responsible for third party hosting and support of online/digital channels
    4. The client or their agent or any agent acting on its behalf, on whose behalf or at whose instance any services are rendered hereby indemnifies the Digital agency and all of its employees against any liability which the Digital agency may incur to any other person as a result of the production of any material produced.
  4. DESIGN
    1. The digital agency requires that the client or their agent sign off a job card prior to any work being carried out.
    2. The digital agency requires that the client or their agent sign off a proof before any printing work being carried out.
    3. Changes required over and above the initial requirements as signed off on the job card will be charged for at normal rates.
    4. The Client and agency may have one set of changes to proof their work. Additional changes will be charged for at normal rates.
    5. In terms of any dispute of design or printed work, carried out by digital agency the client and their agent may not withhold payment until dispute resolved.
  5. DEVELOPMENT
    1. The digital agency requires a full documented specification of custom development requirements by client or their agency prior to quoting and commencement of development. If the digital agency is required to prepare such Specification the client will be charged for workshops and time required to document the custom development.
    2. Payment gateways and merchant accounts are the responsibility of the client or their agents.
  6. SERVICES
    1. Retainer fees charged by digital agency are agreed upfront by client and their agents for specific services
    2. specific services such as SEO, digital advertising and social media require a minimum 6 month retainer fee. This allows time and investment value.
  7. DIRECT DEBITS
    1. my/our obligations as agreed to in the Agreement and commencing on and continuing until this Authority and Mandate is terminated by me/us by giving you one calendar’s month notice in writing
      The individual payment instructions so authorised to be issued must be issued and delivered monthly. In the event that the payment day falls on a Sunday, or recognised South African public holiday, the payment day will automatically be the very next ordinary business day.
    2. I/We understand that the withdrawals hereby authorised will be processed through a computerised system provided by the South African Banks. Such should enable me to identify theB.Mandate I/We acknowledge that all payment instructions issued by you shall be treated by my/our abovementioned Bank as if the instructions have been issued by me/us personally.C.Cancellation I/We agree that although this Authority and Mandate may be cancelled by me/us, such cancellation will not cancel the Agreement. I/We shall not be entitled to any refund of amounts which you have withdrawn while this Authority was in force, if such amounts were legally owing to youD.Assignment

      I/We acknowledge that this Authority may be ceded or assigned to a third party if the Agreement is also ceded or assigned to that third party, but in the absence of such assignment of the Agreement, this Authority and Mandate cannot be assigned to any third party.

  8. CANCELLATION
    1. If either party is in breach of any term or condition or performance due in terms of this agreement and fails to correct the breach within fourteen days of written notice of the breach given by the other party, the latter party shall be entitled to cancel this agreement with immediate effect, and without prejudice.
    2. If either party commits an act of insolvency as defined in the Insolvency Act, Act 24 of 1936, or is subject to an order of provincial or final liquidation or has made an offer of compromise to creditors or gives notice of an application of voluntary liquidation, the other party shall be entitled to cancel this agreement in its entirety with immediate effect and without prejudice to any of the cancelling party’s rights obtained in terms of this agreement.
    3. The client may cancel hosting service contract by giving a calendar months’ notice in writing.
    4. Website files and database will be made available to client within 5 working days of cancellation.
    5. Cost to upload website files to another hosting provider will be charged at an hourly rate.
    6. Transfer of domain if administered by Lime Online. The client will be required to give instruction in writing with details of new owner or administrator. Transfer ticket will be issued within 5 working days of instruction. Lime Online is not responsible for delays in acceptance of a domain ticket by third parties.
    7. Transfer of domain if administered by third party. The client will be responsible for notifying the third party domain provider of the new hosting web server address for pointing of domain.
  9. Lime Online Acceptable Use Policy AUP
    1. If a Lime Online hosting account violates the Acceptable Use Policy, we reserve the right to terminate or suspend your service without notice. We prefer to advise customers of inappropriate behaviour and any necessary corrective action. However, violations of the Acceptable Use Policy will result in immediate termination or suspension of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.
    2. Lime Online has strict policies regarding adult content, spam, traffic usage and other.
  10. Security
    1. All Customer Data allocated to you is personal to you and you will be liable for any loss or damage you or third parties have suffered because of your actions or the actions of a person to whom you have disclosed your Customer Data.
    2. You authorise us to act on any instruction given by or purporting to originate from you even if it becomes clear that both parties have been defrauded by someone else, unless you have notified us under clause 9.4 before we acted on a fraudulent instruction.
    3. If any security violations are reasonably believed to have occurred in connection with your account, we will investigate and, if necessary, change the relevant Customer Data, including access codes and passwords, and notify you immediately.
    4. You must tell us immediately if any other person gains access to your Customer Data by following the procedures relating to reporting misuse http://www.hetzner.co.za/index.php/hosting/legal/reporting-abuse-procedure/ and give us your full co-operation in any investigation we carry out.
    5. You indemnify us (hold us harmless) against any claim arising from:
      1. your disclosure of your Customer Data to a third person;
      2. the use of the Customer Data by a third person; or
      3. any resulting action by you or a third party.
    6. We reserve the right to take any action we find necessary to preserve the security and reliable operation of our infrastructure. You may not do anything (or permit anything to be done) that will compromise our security.
    7. 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 back-ups of your data. Nothing contained in Our Hosting Terms 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.
  11. Client Content
    1. Client will retain all intellectual property rights to all client content hosted with Lime Online.
  12. Customer Indemnities
    1. You indemnify (hold us harmless) from any liability arising from civil or criminal proceedings instituted against us or for any loss or damage you or a third party have suffered because of any interruption or unavailability of the Services.
    2. You indemnify us and hold us harmless against all losses you have suffered or actions against us as a result of: the use of the Services, or any downtime, outage, degradation of the network, interruption in or unavailability of the Services. Included within the range of downtime, outage, degradation of the network, interruption, or unavailability of the Services is any of the following:
      1. software or hardware service, repairs, maintenance, upgrades, modification, alterations, replacement or relocation of premises affecting the Services,
      2. non-performance or unavailability of any of the services given by an electronic communications network or service provider, including, line failure, or in any international services or remote mail Servers,
      3. non-performance or unavailability of external communications networks to which you or our network infrastructure is connected, and
      4. repairs, maintenance, upgrades, modifications, alterations or replacement of any hardware forming part of the Services, or any faults or defects in the hardware.

NOTE:

As we do not have our own servers we cannot guarantee uptime and availability of servers, however we refer you to Hetzner guarantee:

Hetzner uptime guarantee is 99.9% 
What if the server hardware fails?

Hetzner retains replacement parts for all servers. We’re always building new servers, so a full inventory of parts is maintained.

Hardware failures are uncommon, but they do happen, and are a part of the hosting business. We replace all failed hardware promptly, to minimise any downtime experienced.