Terms & Conditions (Starter Bundle Standard)

Date of Last Update: 20 November 2023

1. Acceptance of Terms

1. These Terms and Conditions ("Terms") constitute a legal agreement between NerdCube (Pty) Ltd ("NerdCube") and the client ("Client") governing the use of the free website (“Website”) provided as part of the Starter Bundle Standard (“Package”).

2. By accessing and using the Website, the Client agrees to abide by these Terms. If the Client disagrees with any part of these Terms, they should refrain from using the Website.

2. Website Provision

1. NerdCube provides the Client with a free Website, also referred to as a loaner website, on a pay-to-loan basis until the payment of 12 months has been paid in full.

2. Ownership of the Website, excluding the Client’s data, the registered domain, and intellectual property such as logos, content, photos, videos, and other media, remains with NerdCube until the end of the 12-month period.

3. Upon full payment after the 12-month period, ownership of the Website will transfer to the Client.

3. Client Responsibilities

1. The Client agrees to pay NerdCube the following fees:

   1. Domain registration and renewal fees of R120 for a .co.za domain or R380 for a .com domain per year.

   2. Hosting and security fees of R100 per month.

   3. Website loan fees of R200 per month for 12 months.

   4. Any additional monthly or yearly fees that may be required.

2. The registered domain will remain the property of the Client as long as payment for the domain is paid in full, and they are responsible for its renewal and any additional fees that may apply.

3. Failure to pay the fees outlined above will result in the suspension of the Website’s hosting and emails until payment is received.

4. NerdCube Obligations

1. NerdCube commits to providing hosting, security, maintenance, and any additional services as outlined in the Package for the Client's Website to the best of its abilities.

2. NerdCube employs industry-standard security measures to protect the Client's Website. However, website security is not 100% fail-proof, and NerdCube cannot be held liable for breaches or damages beyond its control.

3. NerdCube utilizes industry-standard spam filters to minimize the impact of spam emails on the Client's emails but cannot guarantee 100% spam-free email services and is not liable for damages or breaches beyond its control.

4. NerdCube is committed to complying with the Protection of Personal Information (POPI) Act. Clients can refer to NerdCube's Privacy Policy on their website for more information on how the client’s personal data is collected, stored, and protected.

5. Pricing and Fee Adjustments

1. NerdCube reserves the right to adjust monthly and yearly service fees as necessary. Price increases may occur without prior notice.

2. In the event of a price increase, the Client has the option to accept the new pricing or discontinue the use of the Website.

3. NerdCube will make reasonable efforts to keep pricing fair and reflective of market conditions and the cost of providing services.

6. Payment Terms

1. The Client authorizes NerdCube to automatically deduct applicable monthly fees on the 28th of every month, as well as any applicable yearly fees, through the third-party payment service provider PayFast (Pty) Ltd.

2. If there are insufficient funds, the Client agrees to pay the outstanding amount within 7 days after the due date.

3. The Client agrees to pay the monthly amounts owed to NerdCube promptly and in full and to communicate swiftly when payments can’t be made.

7. Duration of Service

1. The initial provision of the Website under these Terms is for 12 months.

2. After the initial 12-month period, the Website will continue to be provided on a month-to-month basis until either party decides to terminate the arrangement.

3. The Website will become the property of the Client after the initial 12-month period.

4. The Client is required to pay domain renewal, hosting, security, and any other applicable fees to NerdCube for as long as NerdCube continues to host and maintain the Website and its emails.

8. Termination

1. Either party may terminate the arrangement at any time without penalty, provided that the Client’s account is in good standing.

2. If the Client chooses to discontinue the arrangement during the 12-month period, all exportable Website data will be provided to the Client before being permanently erased and deleted.

3. If the Client wishes to purchase the Website, the set amount payable will be the remainder of the 12-month period x R200.

9. Refunds

1. NerdCube does not offer any refunds for any fees paid.

10. Non-Binding Nature of Agreement

1. These Terms are non-binding and serve as a general understanding of the services provided.

2. Both parties reserve the right to terminate this arrangement at any time, without penalty, provided that the Client’s account is in good standing.

By accepting this Agreement, the Client acknowledges that they have read, understood, and agreed to the terms and conditions outlined herein. The Client further acknowledges that NerdCube retains ownership of the Website (excluding the Client’s data, the registered domain, intellectual property such as logos, content, photos, videos, and other media, as well as the client data of the Client) until the 12-month payment period is completed and is not liable for any damages or losses incurred as a result of the use or non-use of the website or associated services.