Please wait
Menu
Country:
South Africa
Adress:
12 Lockheed St, Impala Park, Johannesburg, 1459
Email:
info@synthxmedia.com
Phone:
+27 76 942 1814
Socials:
Language:
hero bg 14
Slider Navigation
Synthx Media

TERMS AND
CONDITIONS

Bring your ideas to life with our amazing
team of Web and App developers.
Scroll Down
our portfolio

What You Need To Know

Trust Agreements

At Synthx Media we are proud to say we design impressive stuff. We are committed to excellence and because client satisfaction is one of our top priorities, we respond to our client’s creative needs, by offering innovative designs, friendly service, and a personal experience. The following terms have been tailored throughout the years of design experience to protect both the client and the Design Company during a working relationship, built on trust.

Note, that our trust agreements are subject to change. Always make sure you have read the latest terms and conditions as stated below before paying your deposit for a project. When referring to Terms & Conditions, we are referring to our Trust Agreement Documents.

  • If you pay your deposit, you agree to these terms & conditions, stated in our Trust Agreement.
  • Hereby the client understands that they will not sign a printed Trust Agreement Document unless requested but by paying the deposit for the project, they agree to the below terms and conditions (As also stated on all quotations and invoices)
  • Note, that our Trust Agreements are subject to change always make sure you have read the latest terms & conditions as stated below before paying your deposit for a project. When referring to terms & Conditions we are referring to our trust agreement Documents.
  • If you pay your deposit, you agree to the terms & documents stated in our trust agreement.
  • Hereby the client understands that they will not sign a printed trust agreement document unless requested but by paying the deposit for the project, they agree to the below terms and conditions (As also stated on all quotations and invoices.)

Design Terms & Conditions

Rights And Ownership:

The Client shall be entitled to full ownership of all final artwork created during the project upon full payment of the agreed fee. All products remain the property of Synthx Media until fully paid for. No artwork will be supplied without full payment.

Client Feedback.

The Clients should be prepared to offer some initial feedback as to how closely the suggested designs meet their general needs and expectations. The Client should select the design strategy that best suits their needs and assemble and deliver a list of any desired discussion points for revision (if necessary) to Synthx Media.

THIRD-PARTY CONTRACTS

Synthx Media is not responsible for contracting other creative professionals to provide services that are not offered by the Agency.

No Project will commence on the assumption that third parties might be required for the project completion. Such details will be finalized before the project commencement unless requested by the client at a later date.

References for such services can be supplied by Synthx Media built on previous trust and successful projects with suppliers.

Third Parties to consider:

  • Photographers
  • Videographers
  • Copywriters
  • Printers

Synthx Media cannot be held responsible for any loss or damages occurring after the final sent-through of artwork to a supplier. Please check the final artwork and require proof prints through suppliers before commencing with projects.

Payments:

Because a lot of time, effort, and dedication go into providing the client with the perfect website, The client is required to pay a 50% deposit before work commences. The project will only be scheduled and uploaded to the workflow system once the down payment is received by Synthx Media from where the team of designers will be briefed to commence with the website.

The down payment is non-refundable. The remaining 50% is payable to Synthx Media upon completion of the project, before the original artwork and open file format will be supplied to the client.

Please note this is a strict company policy but adhere to this to avoid any unpleasantness.

No Monies or deposits for projects will be paid back to the client at any time during or after the project.

The remaining 50% is payable to Synthx Media upon completion of the project, before the original artwork and open file format will be supplied to the client.

Please note this is a strict company policy but adhere to this to avoid any unpleasantness.

Delayed Payment

If, after the project has commenced, proofs have been sent through and completed within 30 days, subsequent invoices are not paid within 30 days a 5% delayed payment fee will be charged. This initial 5% figure will be added upon each recurring 30-day period until the full amount has been received by Synthx Media.

Revisions

All projects include Revisions Rounds (specific amounts) as stated in the quotations.

Should extra revisions Rounds be required a separate quotation will be supplied accordingly. Synthx Media cannot and will never limit the client to changing their minds.

The price at the beginning of the contract is based on the length of time that Synthx Media estimate they’ll need to accomplish everything as requested to be achieved, additional estimates can be requested for any further or additional changes to be implemented.

The client must assume that, after sign-off, all additions, alterations changes in content, layout, or process changes requested by the client, will alter the time and cost.

Additions and Alterations:

New work requested by the client and performed by Synthx Media after ATP (agreement to proceed) is considered an addition or alteration (extra revision round).
If the job changes to an extent that substantially alters the specifications described in the original estimate, Synthx Media will submit an additional quotation to the client and both parties must agree to the revised or additional fee before further work proceeds.

File Formats

Fully paid-for designs will be supplied to the client in OPEN FILE FORMAT (PSD OR AI), Print Ready JPEG & PDF. Open files supplied for printing purposes only. No editing by the Client will be possible unless Adobe Photoshop and/or Illustrator are used.

BACKUP

Synthx Media is not responsible for the Backup of any final designs once supplied to the client as stated above. After final sign-off & delivery, Back arrangements can be quoted separately if requested by the client.

Errors & Omissions

Synthx Media is not responsible for proofreading any designs. The clients are responsible to check proofs and other deliverables carefully for accuracy in all respects, ranging from spelling to technical illustrations.
Synthx Media is not liable for errors or omissions. The client’s signature or go-ahead email, or that of the authorized representative is required on all artwork before release for printing digital publication, or other implementation.

Deadlines

A note on Deadlines: Synthx Media loves deadlines and we hit every single one of them every time. For us to do this for you, however, you must hit every deadline too.

We will rely on you to keep the project flow going with your approvals and sign-offs, as well as get us content for your website promptly- typically before any design can begin.

Out-of-contact time and delays in approvals will directly affect the project schedule, necessitating our moving deadlines and milestones back accordingly, but note that payment milestones will as be scheduled. By signing this document or paying your deposit, you acknowledge your responsibilities in keeping the project on schedule. By the same token, in the unlikely event, we miss one of our deadlines, the payment milestone will be adjusted accordingly.

If the Client fails to deliver necessary content, resources, or feedback by the time Synthx Media deems crucial to any deadline, all deadlines, and milestones (except payment milestones) will be adjusted accordingly.

The Clients failure to meet timeline/milestone or content obligations for 7 days or more will result in the reallocation of the agency resources and work on the project will be delayed or may cease.

Cancellation:

A cancellation fee for work commenced or completed shall be paid by The Client, with the fee based on the stage of project completion. The fee will not exceed 100% of the total project cost. This fee will be based on hours already spent on the project. If after project commencement client communication (face-to-face, telephone, or email) stops for 30 days, the project can be canceled by Synthx Media. Thereupon, Synthx Media can choose to cease further work on the project. The full amount paid for the project will be allocated as a cancellation fee.

Promotion

Synthx Media has the right to use the digital format of all completed designs for publication or other promotional purposes and these purposes only.

Use of Design Elements

Synthx Media legally assumes clients have proofread and approved text copy and images (photos, stock images, web images) before supplying the artwork & copy to Synthx Media for design purposes. If Synthx Media needs to source images from the internet or stock image websites (free & paid) it is the client’s responsibility to check if the sourced images are licensed or available to use for the project under commercial or non-commercial usage laws. If no images are supplied by the client, the Synthx Media design team will be using placeholder images to illustrate the design. If the clients approve the artwork and paid a 50% deposit to finalize the project. Synthx Media will assume the client has checked these images legally for use based on country & commercial laws contain to the project. Synthx Media legally assumes the client has not copied text illegally from other content and as such broken the law and plagiarized the content Synthx Media cannot take responsibility or liability for mage, artwork, or copy text used in design art of any kind. If a client gets sued for using an image, photo, or text illegally it is the client’s responsibility and liability to pay legal fees and any other fees that arise for using photos, images, or text copy wrongly. Synthx Media cannot be held legally responsible for any loss or damages that may occur due to the wrongful use of images, photos stock photos, Internet images, text, or copy text. As soon as the client signs off on the project by paying a 50% deposit or fully paying for a project all artwork becomes the client’s ownership and legal responsibility. Clients need to check if images, photos stock photos, text and copy text can or may be printed, published, or posted on the web or internet. Any Design material or artwork printed or posted to the web or any digital and electronic media is the responsibility and legal liability of the client. Hereby Synthx Media indemnifies itself from any legal repercussions of the latter.

Communication:

SYNTHX MEDIA can be reached by telephone or email from Monday to Thursday between 8:30 am and 5 pm, or Fridays between 8:30 and 16:00. SYNTHX MEDIA is open on Saturday from 8:00 and 12:00 SYNTHX MEDIA is closed on Sundays. All appointments must be scheduled as agreed by both parties. A 1-on -1 site meeting with a designer will be billed at an hourly rate of R400/ hour. All revisions are to be supplied Only in written format (e-mail), no revisions will be commenced, based on telephonic requests/ discussions.

Confidentiality

The Client must inform the designer in writing before the project commences if any portion of any material or information provided by the client is confidential.

And lastly, for us to obtain a high level of excellence, your commitment to this project is highly valued and will be directly reflected in the results, by hiring our Agency you’ve enlisted our expertise on how best to accomplish the goals that your team and our team have defined.

To accomplish those goals, we require your participation and cooperation- even if you don’t fully understand some of the elements or designer terms (which will work hard to make clear) in the end we can only accomplish what we are allowed to accomplish the quality of the result will depend significantly on the quality of your participation.

  • By paying the deposit, the client agrees to SYNTHX MEDIA terms and conditions as stipulated in this document, unless otherwise arranged.
  • Hereby the client understands that they will not sign a printed trust agreement document unless requested but by paying the deposit for the project, they agree to the above terms and conditions (As stated on all quotations and invoices)

Website Terms and Conditions

Process description:

It is in our ability to complete the website within 30 working days as long as the client supplies us with all the relevant information within 7 working days after the deposit payment unless otherwise arranged. A mutually agreed upon date should be established, in advance, on which the website will go live.

  • As soon as SYNTHX MEDIA has received the 50% deposit, the agency will open the client’s task on the SYNTHX MEDIA workflow system.
  • A branding questionnaire should be completed, and a short brief/Strat meeting is required before commencing with the project.
  • SYNTHX MEDIA as a team will start brainstorming about the concept and layout of the project, according to the Branding Questionnaire received from the Client.

The design process will then start, with the layout, the look & feel, and the styling.

During this period the client should start compiling all relevant information (in word format) and high-resolution photos/images which must be supplied to SYNTHX MEDIA 7 days after the deposit and the Branding Questionnaire has been received by SYNTHX MEDIA, the website layout visuals (in jpeg digital format) will be presented to the client (nothing live as yet) to give the client an idea of the look and feel of the website template.

If two design strategies are presented, each will be consistent with the overall objectives of the project as outlined in the strategy brief and branding questionnaire.

  • The Client should be prepared to offer some initial feedback as to how closely the suggested designs meet their general needs and expectations.
  • The Client should select the design strategy that best suits their needs and assemble and deliver a list of any discussion points for revision (if necessary) to SYNTHX MEDIA the client is more than welcome to combine elements from the different looks to create a final look within two revision rounds.

The Client will then approve/sign off on the final design strategy as soon as the final look is approved and signed off, SYNTHX MEDIA will start building the website live.

Because changes to the template and looking after the final sign-off require extra time and money, SYNTHX MEDIA is requesting the client to be 100% satisfied, before building the website template live.

  • As soon as SYNTHX MEDIA completed the uploading and styling of all info (as supplied), The studio will send the client a temporary link to view their site online.
  • Client feedback and final approval are required before the website goes live.
  • Receiving the client’s final payment of the outstanding 50% will ensure the task is completed.
  • SYNTHX MEDIA will then finalize the basic SEO for the website to go live and for Google to index and rank the website.
  • Online Marketing (SEO & SEM) can only happen after the website has been indexed by Google. For a personalized online marketing strategy, we will refer you to a service provider you can use. They will be able to quote for a marketing strategy plan accordingly if requested by the Client.

Layout Development:

The CMS system used to build websites is WordPress some of the components used, are bought Modules from WordPress component developers, which have been pre-designed for specific system purposes, this certain restrictions in programming and layout may be applicable.

Use of web design elements:

SYNTHX MEDIA legally assumes clients have proofread and approved text copy and images (photos, stock images, web images) before supplying the artwork & copy to SYNTHX MEDIA for design purposes. If SYNTHX MEDIA needs to source images from the internet or stock image websites (free & paid) it is the client’s responsibility to check if the sourced images are licensed or available to use for the project under commercial or non-commercial usage laws. If no images are supplied by the client, the SYNTHX MEDIA design team will be using placeholder images to illustrate the design. If the clients approve the artwork and paid a 50% deposit to finalize the project. SYNTHX MEDIA will assume the client has checked these images legally for use based on country & commercial laws contain to the project. SYNTHX MEDIA legally assumes the client has not copied text illegally from other content and as such broken the law and plagiarized the content SYNTHX MEDIA cannot take responsibility or liability for mage, artwork, or copy text used in design art of any kind. If a client gets sued for using an image, photo, or text illegally it is the client’s responsibility and liability to pay legal fees and any other fees that arise for using photos, images, or text copy wrongly. SYNTHX MEDIA cannot be held legally responsible for any loss or damages that may occur due to the wrongful use of images, photos stock photos, Internet images, text, or copy text. As soon as the client signs off on the project by paying a 50% deposit or fully paying for a project all artwork becomes the client’s ownership and legal responsibility. Clients need to check if images, photos stock photos, text and copy text can or may be printed, published, or posted on the web or internet. Any Design material or artwork printed or posted to the web, or any digital and electronic media is the responsibility and legal liability of the client. Hereby SYNTHX MEDIA indemnifies itself from any legal repercussions of the latter.

Backup:

The Completed website, including the SQL database, will be backed up as soon as the website is ready to go live. This backup will be supplied to the client. No monthly backup will be made by SYNTHX MEDIA unless requested by the client and a fee of R150 per month will be applicable.

Online Marketing Services (SEO & SEM):

  • Only Basic SEO (Search Engine Optimization) is included in the standard website packages. Basic SEO does not include 1st-page rankings with Google or any other search engines.

To reach 1st-page rankings with google an advanced SEO strategy should be agreed upon which includes SEO & SEM services on a monthly contract and will be quoted separately – SEO results may vary and could take 4-6 weeks for the website to be indexed by google after the website has been completed.

  1. Basic SEO Includes:

Sitemap uploaded to Google

Website indexed with Google

Basic Keywords built into pages

Website description built into the header

  • Search Engine Friendly (SEF) URLs used.
  • A Google Analytics account in the client’s name will be created to measure website performance and statistics. Only reading rights to this account will be supplied to the client. Full admin rights to this account will be retained by SYNTHX MEDIA to ensure that SEM strategy cannot be altered by a Third Party. The Full admin rights will be moved to the Client when the SEO & SEM monthly contract has been terminated and fully paid for.
  • A Google Webmaster account in the client’s name will be created to Synthx Media with Google, Concerning website performance, indexing, errors, malware, etc. Full admin rights to this account will be retained by SYNTHX MEDIA to ensure that the SEM strategy cannot be altered by a third party. The full admin Rights will be moved to the client when the SEO & SEM monthly contract has been terminated and fully paid for.

Payments:

Because a lot of time, effort, and dedication go into providing the client with the perfect website, The client is required to pay a 50% deposit before work commences. The project will only be scheduled and uploaded to the workflow system once the down payment is received by SYNTHX MEDIA from where the team of designers will be briefed to commence with the website.

The down payment is non-refundable. The remaining 50% is payable to SYNTHX MEDIA upon completion of the project, before the original artwork and open file format will be supplied to the client.

Please note this is a strict company policy but adhere to this to avoid any unpleasantness.

No Monies or deposits for projects will be paid back to the client at any time during or after the project.

The remaining 50% is payable to SYNTHX MEDIA upon completion of the project, before the original artwork and open file format will be supplied to the client.

Please note this is a strict company policy but adhere to this to avoid any unpleasantness.

No Monies or deposits for projects will be paid back to the client at any time during or after the project.

Delayed Payment:

If, after the project has commenced, proofs have been sent through and completed within 30 days, subsequent invoices are not paid within 30 days a 5% delayed payment fee will be charged. This initial 5% figure will be added upon each recurring 30-day period until the full amount has been received by SYNTHX MEDIA.

Errors and Omissions:

SYNTHX MEDIA is not responsible for proofreading any website content. The client is responsible to check proofs and other deliverables carefully for accuracy in all respects, ranging from spelling to technical illustrations. SYNTHX MEDIA is not liable for errors or omissions, The Clients signature or go-ahead email, or that of the authorized Representative is required.

  • SYNTHX MEDIA does not take any responsibility for the loss of any information on your website.
  • SYNTHX MEDIA does not take any responsibility for any legal issues that may arise about the content of your website. It’s the client’s responsibility to ensure there are no copyright infringements.
  • SYNTHX MEDIA does not take any responsibility if your website security is compromised by either a hacker or malicious code. Websites hosted by Absolute hosting are hosted on a secure server with antivirus protection. WordPress has built-in security and website back ends are protected with an Admin Username and password.

Revisions:

All projects include Revisions Rounds (specific amounts) as stated in the quotations.

Should extra revisions Rounds be required a separate quotation will be supplied accordingly. SYNTHX MEDIA cannot and will never limit the client to changing their minds.

The price at the beginning of the contract is based on the length of time that SYNTHX MEDIA estimate they’ll need to accomplish everything as requested to be achieved, additional estimates can be requested for any further or additional changes to be implemented.

The client must assume that, after sign-off, all additions, alterations changes in content, layout, or process changes requested by the client, will alter the time and cost.

Additions And Alterations:

New work requested by the client and performed by SYNTHX MEDIA after ATP (agreement to proceed) is considered an addition or alteration (extra revision round).
If the job changes to an extent that substantially alters the specifications described in the original estimate, SYNTHX MEDIA will submit an additional quotation to the client and both parties must agree to the revised or additional fee before further work proceeds.

Deadlines

A note on Deadlines: SYNTHX MEDIA loves deadlines and we hit every single one of them every time. For us to do this for you, however, you must hit every deadline too.

We will rely on you to keep the project flow going with your approvals and signoffs, as well as get us content for your website promptly- typically before any design can begin.

Out-of-contact time and delays in approvals will directly affect the project schedule, necessitating our moving deadlines and milestones back accordingly, but note that payment milestones will as be scheduled. By signing this document or paying your deposit, you acknowledge your responsibilities in keeping the project on schedule. By the same token, in the unlikely event, we miss one of our deadlines, the payment milestone will be adjusted accordingly.

If the Client fails to deliver necessary content, resources, or feedback by the time SYNTHX MEDIA deems crucial to any deadline, all deadlines, and milestones (except payment milestones) will be adjusted accordingly.

The Clients failure to meet timeline/milestone or content obligations for 7 days or more will result in the reallocation of the agency resources and work on the project will be delayed or may cease.

Customer Service:

As a result of the client not being satisfied (due to the brief being misunderstood, process issues, or reasonable expectancy not being met) client needs to call a meeting with the assigned project planner from SYNTHX MEDIA and mediate a favorable solution for both parties.

Cancellation:

A cancellation fee for work commenced or completed shall be paid by The Client, with the fee based on the stage of project completion. The fee will not exceed 100% of the total project cost. This fee will be based on hours already spent on the project. If after project commencement client communication (face-to-face, telephone, or email) stops for 30 days, the project can be canceled by SYNTHX MEDIA. Thereupon, SYNTHX MEDIA can choose to cease further work on the project. The full amount paid for the project will be allocated as a cancellation fee.

Communication:

SYNTHX MEDIA can be reached by telephone or email from Monday to Thursday between 8:30 am and 5 pm, or Fridays between 8:30 and 16:00. SYNTHX MEDIA is open on Saturday from 8:00 and 12:00 SYNTHX MEDIA is closed on Sundays. All appointments must be scheduled as agreed by both parties. A 1-on -1 site meeting with a designer will be billed at an hourly rate of R400/ hour. All revisions are to be supplied Only in written format (e-mail), no revisions will be commenced, based on telephonic requests/ discussions.

Confidentiality:

The Client must inform the designer in writing before the project commences if any portion of any material or information provided by the client is confidential.

And lastly, for us to obtain a high level of excellence, your commitment to this project is highly valued and will be directly reflected in the results, by hiring our Agency you’ve enlisted our expertise on how best to accomplish the goals that your team and our team have defined.

Hosting Services:

SYNTHX MEDIA is not responsible for the Website hosting, or any other services related to the hosted server. SYNTHX MEDIA prefers to host a website with Absolute hosting. The hosting company where the domain is registered must be contacted for any hosting-related problems. SYNTHX MEDIA cannot be held responsible for any hosting-related speed or downtime issues.

  • Should the Client require assistance with domain Registration or transfers, SYNTHX MEDIA should be informed in advance. Domain transfers/New domain registration forms will then be supplied on request. Domain names Transferred to SYNTHX MEDIA will be registered in SYNTHX MEDIA states that we are not and cannot be held liable for any criminal act done by using the domain name to act out criminal behavior.
  • SYNTHX MEDIA Reserves the right to bill the client for any Domain Administration tasks. Monthly Domain hosting fees are directly payable to the hosting Company of choice.

Hosting Terms and Conditions

Our Detailed hosting and domain Registration Disclaimer.

By paying the 100% deposit of your domain registration and first month’s hosting, you are accepting these terms and conditions and confirm that you have read and agreed to the domain registration, hosting, and Terms and Conditions outlined in this document. You also agree to any of our third-party domain partner Terms and Conditions.

SYNTHX MEDIA at its sole discretion reserves the right to change or modify any of the terms, conditions, and operation of this website and service at any time. By using this service, the user waives any rights or claims it may have against SYNTHX MEDIA regarding such changes. Without limiting the foregoing SYNTHX MEDIA shall not be liable to you or your business for any incidental, consequential, special, or punitive damages, lost or imputed profits, or royalties arising out of this agreement, or any goods or services provided, whether for breach of warranty or any obligation arising therefrom otherwise, whether liability is asserted in contract or not ( including negligence and strict product liability) and irrespective of whether you have been advised of the possibility of any such loss or damage.

Hereby, Each Party waives any claims that these exclusions deprive such party of an adequate remedy. You acknowledge that third-party product and service providers advertise their products and services on the SYNTHX MEDIA website. SYNTHX MEDIA forms partnerships or alliances with some of these vendors from time to time to facilitate the provision of these products and services to you. However, you acknowledge and agree that at no time is SYNTHX MEDIA making any representation or warranty regarding any third party’s products or services, nor will SYNTHX MEDIA be liable to you or any third party for any claims arising from or in connection with such third party products and services. Herby, you waive and disclaim any rights and claims you may have against SYNTHX MEDIA concerning third-party products and services, to the maximum extent allowed by law.

Terms And Conditions.

By Paying the 100% deposit of your domain registration and first month’s hosting, you are accepting these terms and conditions and confirm that you have read and agreed to the domain registration, hosting, and Terms and Conditions outlined in this document. You also agree to any of our third-party domain partner Terms and Conditions.

General

SYNTHX MEDIA reserves the right to change or modify any of the terms and conditions contained in this agreement.

This is an agreement between you and SYNTHX MEDIA regarding your use of SYNTHX MEDIA services products, computers, interactive information, communications, intellectual property, and server management service and supersedes all prior agreements. All such usage shall be subject to the terms and conditions and policies set out in this agreement as read with the terms and conditions applicable to the relevant product or service (collectively, “the/ this Agreement”).

This Agreement applies to all accounts, sub-accounts, and any alternative account names associated with your principal account. The Account Holder is responsible for the use of each account. The Account Holder is responsible for the use of each account in any way, whether used under any name or by any individual, and for ensuring full compliance with this Agreement by all users of that account.

In circumstances of the consumer protection Act, 2008 (“the CPA”) applying to this Agreement the provisions of the CPA shall prevail should there be a conflict between any provision of this Agreement and the provisions of the CPA.

Please read these Terms and Conditions carefully.

 

Acceptable use Policy

By Using SYNTHX MEDIA services, you agree to adhere to our Policies and Procedures, including this Acceptable use policy (AUP).

General and Acceptable use

You are expected to use SYNTHX MEDIA services with respect, courtesy, and responsibility, giving due regard to the rights of other users. We expect you to have a basic understanding of how the Internet functions, the types of uses that are generally acceptable, and the types of uses that are unacceptable. Common Sense is regarded as the best guide for what is considered acceptable use.

Unacceptable Use

Illegality in any way or form including, but not limited to, activities such as unauthorized distribution or copying of copyrighted material, violation of export restrictions, harassment, fraud, trafficking in obscene material, child sexual abuse imagery, or in any other way, drug dealing, and other illegal activities.

SYNTHX MEDIA services and servers may be used strictly prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes a legal threat, or violates export control laws.

Examples of unacceptable content or links are “pirated software”, “hacker programs or archives”, “Warez sites”, “IRC Bots”, “illegal MP3s” etc.

Due to the nature of a shared web hosting environment, SYNTHX MEDIA reserves the right to ask customers to upgrade or correct issues about their shared web hosting package, or to correct issues on their shared web hosting package, should it negatively affect the network or server performance for the majority of our customers.

The SYNTHX MEDIA shared web hosting platform is intended for hosting a website with relevant, appropriate, and legal content and function for a personal or small home business without the concern of traffic overages. The use of the service should not be indicative of large-scale enterprises or applications where a dedicated server would be more suited.

SYNTHX MEDIA prohibits the use of the shared web hosting service disk space to be used for a purpose other than its intended function: content hosting, personal and small enterprise email, and relevant web files.

The use of dedicated or shared hosting services for hosting torrents.

Boxes and/or running proxies are strictly forbidden. Servers continuously running a risk of supporting these types of services will be disabled and terminated from our network with immediate effect.

Posting of defamatory, scandalous, violent, or private information about a person without their consent, intentionally, inflicting pain or emotional distress, or violating trademarks, copyrights, or other intellectual property rights.

Any unacceptable use of the services constitutes a material breach of these Terms and Conditions of use, and SYNTHX MEDIA fully and solely reserves its rights in this regard.

Interpretation

The provisions of this policy are not meant to be exhaustive but are intended as guidelines. Generally, any behavior that breaches or violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is strictly prohibited. SYNTHX MEDIA reserves the right at all times to prohibit conduct that damages its reputation and goodwill in any way.

Email and Domain Settings

SYNTHX MEDIA is not responsible or can be held responsible for incorrect email or domain hosting settings. It is the client’s responsibility to make sure the settings are correct or understood correctly.

Email or hosting settings can change without notice due to security protocols in place to protect against network vulnerability.

SYNTHX MEDIA will not pay for any IT-related issues relating to the client’s email, hosting, or website. The client is fully responsible for their own IT accounts and billing.

IT companies who support clients IT systems can contact SYNTHX MEDIA at info@synthxmedia.com for email, hosting, and domain settings.

SYNTHX MEDIA is not responsible for setting up clients’ email on desktops, and mobile devices. All software-related problems need to be taken up or consulted with a reputable registered information Technology support company.

System and network security

Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include, but are not limited to, the following:

Unauthorized access use, probe, or scan of a system’s security or authentication measures, data, or traffic.

Interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, and broadcast attacks.

Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting; and

Employing posts or programs which consume excessive CPU time or storage space, permits the use of mail services, mail forwarding capabilities, POP accounts, or autoresponders other than for their account; or resale of access to CGI scripts installed on our servers.

Spamming

Sending unsolicited mail messages, including, without limitation, commercial advertising, and informational announcements, is expressly prohibited. A user shall not use another’s site’s mail server to relay mail without the express permission of the site or distribute, advertise, or promote products or software, or services that have the primary purpose of encouraging or facilitating unsolicited commercial email or spam.

It violates SYNTHX MEDIA policy for customers to use our servers to effect or participate in any way in any of the following activities:

To post to any Usenet or other newsgroups, forums, email mailing lists, or other similar groups or list articles that are off-topic according to the charter or other owner-published FAQ or description of the group or list.

To send unsolicited mass emails if such emails provoke complaints from the recipients.

To engage in any of the foregoing activities using the service of another provider, but channeling such activities through SYNTHX MEDIA provided server, or using an SYNTHX MEDIA-provided server as a maildrop for responses.

To Falsify user information provided to SYNTHX MEDIA or other users of the service in connection with the use of an SYNTHX MEDIA service.

We reserve the right to suspend a service due to spam activity. A reactivation charge will be applicable.

Determination of a Breach of this Policy

SYNTHX MEDIA will be the sole arbiters and have sole and complete discretion in determining what is seen as a violation of this policy

Consequences of breach of this policy

When SYNTHX MEDIA becomes aware of an alleged violation of its AUP (Acceptable Use Policy), SYNTHX MEDIA will initiate an investigation ( within 24-48 hours). During the investigation, SYNTHX MEDIA may restrict your access to prevent further possible unauthorized activity. If you are a found in of our SPAM policy, SYNTHX MEDIA may, at its sole discretion, restrict, suspend, or terminate your account and/ or pursue other civil remedies. Also, SYNTHX MEDIA reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated Policy violation. If such a violation is a criminal offense, SYNTHX MEDIA will notify the appropriate law enforcement department of such a violation.

SYNTHX MEDIA services (PTY) Limited does not issue service credits for any outages incurred through service disablement resulting from Policy violations.

You shall be held liable for any costs incurred by SYNTHX MEDIA as a result of your violation of these terms and conditions. This is including but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the clean-up of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations.

First violations will result in a clean-up fee of R1600, and your account will be reviewed for possible immediate termination.

A second violation will result in a Clean-up fee of R3700 and immediate termination of your account.

The Customer who violates this Policy agrees to also pay investigation fees of no more than R1700 per hour that SYNTHX MEDIA personnel must spend to investigate any violations.

Modification

SYNTHX MEDIA may at times, with reasonable notice to customers, revise or amend its current shared and dedicated hosting offerings relating to price, features, traffic allocations, and disk sizes.

SYNTHX MEDIA reserves the right to add, delete, or modify any provision of this policy at any time without notice.

Reporting Network Abuse

Any party seeking to report any violations of SYNTHX MEDIA policy may contact via email: info@synthxmedia.com

Website Takedowns

All queries related to website takedowns may be directed to the internet service provider Association (ISPA), which SYNTHX MEDIA has appointed as its agent for receipt of takedown notices by the Chapter 11 of the electronic communication and Transactions Act of 2002:

Website: www.ispa.org.za/

Email: takedown@ispa.org.za

Disclaimers and Limitations of Liability

You agree that our entire liability and your exclusive remedy, concerning any services provided under this Agreement and any violation of this Agreement, is solely limited to the amount you paid for such Services. We and our contractors shall not be held liable for any direct or indirect, incidental, special, or consequential damages resulting from the use or inability to use any of the Services or for the cost procurement of substitute services.

We disclaim any loss or liability resulting from, but not limited to, loss or liability resulting from:

Access delays or access interruptions.

Data non-delivery or data miss-delivery.

Acts of God.

The unauthorized use or misuse of your account identifier or password.

Errors omissions or misstatements in any information or services(s) provided under this Agreement.

The interruption of your service.

You agree that we will not be liable for any loss of registration and use of your domain name, for interruption of business, or any direct, special incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.

Subject always to the provisions of the CPA, to the extent that it is applicable, SYNTHX MEDIA services are provided on an as is, as available, basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. SYNTHX MEDIA expressly disclaims any representation or warranty that the SYNTHX MEDIA services will be error-free, secure, or uninterrupted.

No oral advice or written information given by SYNTHX MEDIA its employees, licensors, or the like, will create a warranty; nor may you rely on any such information or advice as if it were a warranty. The terms of this section will survive any termination of this Agreement.

SYNTHX MEDIA will use its best efforts to maintain a full-time internet presence for the account holder. You hereby acknowledge that the network may, at various times intervals, be down due to, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error.

The terms of this Section will survive any termination of this Agreement.

Responsibility for content and account holder Indemnities

You agree to indemnify and hold SYNTHX MEDIA harmless from any claims resulting from or connected with any activities conducted by you. You and SYNTHX MEDIA will promptly notify the other upon receipt of any claim or legal action arising out of activities conducted under this Agreement.

You agree not to store, transmit, link to advertise, or make available any images containing pornography through the virtual web hosting service.

SYNTHX MEDIA reserves the right to refuse service if any of the content within, or any links from, your website is deemed illegal, misleading, or obscene, or is otherwise in breach of these Terms or SYNTHX MEDIA then current Acceptable Use Policy, in the sole and absolute opinion of SYNTHX MEDIA.

SYNTHX MEDIA will not change passwords to any account without proof of identification, which is satisfactory to SYNTHX MEDIA and may include written authorization with a signature. In the event of any partnership break up, divorce, or other legal problems that include you, you understand that SYNTHX MEDIA will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will SYNTHX MEDIA be liable for any losses incurred by you during this time of determination of ownership, or otherwise. You agree to indemnify and hold harmless SYNTHX MEDIA from any Claims arising from such ownership disputes.

You agree to indemnify and hold SYNTHX MEDIA and any other Account holder harmless from any claims resulting from your use of the services provided by SYNTHX MEDIA. The terms of this section will survive any termination of this Agreement.

You agree not to harm SYNTHX MEDIA its reputation, computer systems, programming, and/or other persons using SYNTHX MEDIA services.

The terms of this section will survive any termination of this Agreement.

Variation Of Services.

You agree that SYNTHX MEDIA may establish certain limits concerning the use of any SYNTHX MEDIA service offered on any SYNTHX MEDIA website including, without limitation, the maximum number of days that email messages will be retained by any SYNTHX MEDIA service, the maximum number of email addresses that may be sent from or received by an account on any SYNTHX MEDIA service, the maximum disk space that will be allotted on SYNTHX MEDIA on your behalf either cumulatively or for any particular service.  You acknowledge that the features, parameters (for example, the amount of storage available to users), or existence of any SYNTHX MEDIA service may change at any time.

SYNTHX MEDIA reserves the right to select the server for your website for the best performance. You understand that the services provided by SYNTHX MEDIA are provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If your website overwhelms the server and causes complaints from other users, you have outgrown the realm of shared servers, and will need to relocate your website. If you refuse to comply with this Section, then SYNTHX MEDIA has the right to terminate the services provided to you without any refunds of the unused portion prepaid by you.

NON-Transferability of services

Your Rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of SYNTHX MEDIA.

Passwords

You are responsible for maintaining the confidentiality of your password. In the event of a breach of security through your account, you will be liable for any unauthorized use of SYNTHX MEDIA, including any damages resulting therefrom, until you notify SYNTHX MEDIA customer service.

The responsibility for all passwords and other related sensitive

Information is assumed by you, should any additional fees arise from resource consumption due to poor credentials (such as, but not limited to blank passwords or “test” accounts) no fault shall be levied on SYNTHX MEDIA.

Assignment of IP Addresses

SYNTHX MEDIA assigns you an internet protocol address in connection with your use of the SYNTHX MEDIA services, the right to use that Internet Protocol address will remain with and belong only to SYNTHX MEDIA and you will have no right to use that Internet Protocol address except as allowed by SYNTHX MEDIA in its sole and absolute discretion.

General Provisions

This Agreement constitutes the entire agreement between you and SYNTHX MEDIA concerning the SYNTHX MEDIA services and supersedes all prior agreements between you and SYNTHX MEDIA reserves the right to amend this Agreement from time to time. Any new version of the agreement will be displayed on our website together with the date on which it will become effective, which will never be less than 30 (thirty) days after the date on which it is first published. You must visit our website regularly to determine whether any amendments have been made. Any use by your SYNTHX MEDIA services after the effective date of any such amendment shall be deemed to constitute acceptance by you of such amendment.

SYNTHX MEDIA’s failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.

If a portion of this Agreement is held unenforceable, the unenforceable portion will be construed by applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this section will survive any termination of this Agreement.

Save where otherwise provided for in this Agreement, if you:

Fail to pay any amount payable under this Agreement within 10 days after receipt of written demand requiring such payment: or

Commit a breach of any provision (other than a payment obligation) of this agreement and, if such breach is capable of remedy, fail to remedy such breach within thirty days after receipt of written demand requiring you to do so.

Are placed under liquidation, judicial management, business rescue proceedings, or any similar disability, whether provisionally or finally, and whether voluntarily or compulsorily.

Commit any act which if committed by a natural person would constitute an act of insolvency.

Become insolvent.

Compromise or attempt to compromise generally with any of your creditors.

Have a final judgment was taken against you which is not satisfied within 30 days after the granting of such judgment, then SYNTHX MEDIA shall be entitled, without prejudice to any of its other rights under this Agreement and/or in law and by giving written notice to cancel this Agreement immediately or to claim immediate specific performance of all of your obligations whether or not due for performance, in either event without prejudice to SYNTHX MEDIA right to claim damages.

The interpretation and enforcement of this Agreement shall be governed according to the laws of the Republic of South Africa (excluding its choice of law rules)

You consent to the jurisdiction of the South African Courts.

SYNTHX MEDIA services are provided from Pretoria, South Africa, and this agreement is deemed to have been entered into at Pretoria.

Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery, email if delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested, with all postage and charges prepaid, and shall be deemed to have been received on the 5th Business Day after posting. Emails and Faxes shall be deemed to be received on the Business Day they are sent if sent before 16h00 on that day or the next business day thereafter sent after 16h00 on a business day or if sent on a non-business day.

Billing Terms of SYNTHX MEDIA Graphic & Web Design

General

SYNTHX MEDIA will provide you with an itemized bill or invoice on request or where this is specified as part of the services provided to you.

Accounts are due 7 days before the date reflected on the invoice presented by SYNTHX MEDIA (“due date”). Where SYNTHX MEDIA services have been authorized by you to collect funds on your behalf, SYNTHX MEDIA services reserve the right to do so within seven days before the due date. SYNTHX MEDIA services retain the right to impose, subject to a notice period of 7 Business Days, a credit limit on any of its customers as and when it sees fit.

SYNTHX MEDIA products and services are not pro-rated.

SYNTHX MEDIA will provide a service to you, as chosen by you, for the period (“the Term”) corresponding with the payment plan specific to you or as otherwise specified in the terms and conditions of the product relating to the particular product or service supplied by SYNTHX MEDIA this contract will be automatically renewed at the end of the term and each successive renewal term unless terminated.

Effect of non-payment

In the event of non-payment of an invoice by the stipulated due date, without prejudice to any other rights that SYNTHX MEDIA has in terms of this agreement or law, SYNTHX MEDIA reserves the right to hold you liable for the total amount due according to such invoice.

An interest of 15% per month may be charged on all overdue accounts.

SYNTHX MEDIA may halt, suspend or completely stop the supply of old and new services to you and terminate current services held by you if payment of any invoice is not made by the due date or if an application for business rescue proceedings or liquidation is filled by or against the customer, or if the customer goes out of business or announces intention to do so.

If the supply of new services is stopped or the existing services are terminated by section 6, the full outstanding balance becomes due and payable immediately.

If you pay the amount due in full, you may have your existing services re-activated and also purchase new services.

If you neglect to pay the amount due in full, SYNTHX MEDIA will submit the full overdue amount for collections. In the event of the account being handed over o an outside collection agency, any costs incurred as such will be for your account.

In the event of suspension due to non–payment, SYNTHX MEDIA reserves the right to place a “non-payment” page on your domain. Furthermore, the DNS of your domain will remain unchanged until full payment for the outstanding balance on your account has been received.

Please note that admin fees apply if your account is suspended due to non-payment.

If the preferred method of payment used by you is EFT, it will be your sole responsibility to ensure your payments are made using the correct beneficiary reference as indicated on all invoicing. Failure to comply may result in an incorrect allocation of your payment which may cause service disruption as a result of the account being suspended due to non-payment.

If domain hosting or yearly registration fees are not paid for more than one month SYNTHX MEDIA reserves the right to delete the domain completely for domain registry and remove hosting and hosting files (this includes emails, website, and any other documentation) from our servers, without notice or back up files.

It is not SYNTHX MEDIA’s responsibility to save backups of emails, websites, or any other files clients may be saved on their hosting space.

Domain Rescue Fees

Should a local domain, i.e., CO.ZA or ORG.ZA, expire but fall within the stipulated grace period a “Domain Rescue” fee will be applicable after successfully retaining the domain after the expiration thereof.

Should a local domain, i.e., CO.ZA or ORG.ZA, expire and fall outside the stipulated grace period, a “Domain Rescue” will also be applicable upon the domain successfully being retained after the expiration thereof.

Should an international domain expire but fall within the stipulated grace period, a “Domain Rescue” fee will apply if the domain is retained after the expiration thereof. In cases where we are charged over and above the prescribed minimum fee by the registrar, these fees will be carried over to the customer.

Payment Methods And Fees

SYNTHX MEDIA accepts the following payment methods, Credit Card (MasterCard, Visa) EFT, and instant EFT. We recommend that you make payments via Credit Card or EFT and Instant EFT. This way you stand less chance of forgetting to make your monthly payments.

A processing fee (incl Vat) is charged on all returned debit orders.

The merchant outlet country at the time of presenting payment options to the cardholder is the Republic of South Africa and the transaction currency is the South African Rand (ZAR)

Refunds

SYNTHX MEDIA will only refund a customer in the event of their account having a credit balance.

SYNTHX MEDIA will process an authorized refund to customers every Monday.

Cancellations

Note that by default we operate on an end-of-term basis and, should you cancel a service, the service will be terminated at the end of your current billing period.

Domains are eligible to automatically renew for an additional one-year term upon expiry. Renewal notifications will be sent out before the renewal, and cancellations may be done before the renewal date.

Downgrades

Definition: “A downgrade occurs when changing your current package to a package with a lower cost”

Example: Changing from a Corporate account to a business account would be considered a downgrade.

We require notification of downgrades on or before the 20th of each month, for the downgrade to take effect from the first day of the next month. If you do not provide this notice, you will be charged the rate for the existing package in the following month.

Dispute Resolution

General Dispute Resolution

The Parties shall attempt to resolve all disputes arising out of this Agreement in the spirit of cooperation and with a problem-solving mindset, without formal proceedings and in agreement with the various dispute resolution procedures provided.

In the event of the dispute not being resolved, please follow the general complaint procedure as stipulated by ICASA for all complaints except billing disputes.

You are required to direct a general complaint to info@synthxmedia.com the complaint is required to be accompanied by the following:

Your full particulars and contact details.

Your relationship with SYNTHX MEDIA and any customer reference which may be applicable.

A statement of the reason or reasons for the complaint with enough detail to allow us to assess these; and

Any relevant evidence of documentation you wish to submit in support of your complaint.

Under the ICASA Code of Conduct Regulations, SYNTHX MEDIA is required to:

Acknowledge receipt of your complaint within 3 Business Days and

Determine an outcome for the complaint and communicate this to you within 14 Business Days.

Referral of complaints to ICASA

If you are not happy with the outcome of the Complaint, you have the right to escalate it to ICASA. If ICASA is not able to resolve the matter it may be referred to the ICASA Complaints and Compliance

Committee for adjudication.

Please note that under the ICASA Code of Conduct Regulations 2008, you must allow us to resolve the matter within 14 days before you have the right to escalate your complaint to

ICASA.

ICASA can be contacted in the following ways:

Email: consumer@icasa.org.za

To find contact details of ICASA in your area, please visit: https://www.icasa.org.za/pages/contact-us

Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. The arbitration shall take place in South Africa. Should any legal action be permissible under

this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable

attorney’s fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.

Billing Dispute Resolution

Purpose of this Procedure

This Procedure sets out the obligations of SYNTHX MEDIA and the Customer in resolving a Billing Dispute, including how Billing Disputes should be lodged and how it

will be handled thereafter.

SYNTHX MEDIA Billing Dispute Handling Procedure is intended to serve both the Customer and SYNTHX MEDIA interests by setting out clear rules and

procedures to be used where Billing Disputes Occur.

Definitions

“Billing Dispute” means an instance where a customer states in good faith that their bill contains incorrect charges, payments, or adjustments.

“Billing Dispute Notice” means a notice submitted by the Customer in terms of this Procedure.

“Billing Disputes Procedure” and “this Procedure” mean this Billing Dispute Procedure for the initiation and resolution of Billing Disputes.

“Billing Enquiry” means the situation where the Customer seeks information or clarification relating to an Invoice including, without limitation, seeking clarification of charges or sources of usage. For the

avoidance of doubt, this is not a Billing Dispute.

“Business Day” means any day other than a Saturday or Sunday, or a public holiday observed as such in the Republic of South Africa.

“Complaint” means an expression of dissatisfaction or grievance made by a customer but does not include a request for information. A Complaint is not a Billing Dispute.

General

Any charge recorded on an Invoice (the subject of a Billing Dispute) that is not submitted by this Procedure is payable in full to SYNTHX MEDIA by the Due Date of the

Invoice.

For the avoidance of doubt, the parties acknowledge and agree that:

An amount that is not in dispute (“Undisputed Amount”) cannot be withheld for any reason (including, without limitation, when that amount is on an invoice together with a Disputed Amount).

Only Billing Disputes can trigger the Billing Dispute Handling Procedure (and the potential right to withhold payment of Disputed Amounts from SYNTHX MEDIA as set out below).

Billing Inquiries and Complaints are not Billing Disputes and do not trigger the Billing Dispute Procedure. Billing Enquiries should be directed to info@synthxmedia.com – while Complaints are dealt with under the

SYNTHX MEDIA Complaints Handling Procedure.

Please note that SYNTHX MEDIA will not entertain any Billing Dispute based on the unauthorized use of the services or the unauthorized use of the services by a third party, it is your

responsibility to safeguard access to the services which you receive and to use them in the manner set out in the terms and conditions applicable thereto.

Customer’s Obligations to first use this procedure

As a current or prior Customer of SYNTHX MEDIA, you agree to SYNTHX MEDIA to attempt settlement of any Billing Dispute for 14 Business Days

before rSynthx Mediaing a dispute with any third party, credit card company, or bank. SYNTHX MEDIA requires and you agree that it be the First option in Billing Disputes. Should SYNTHX MEDIA receive a chargeback or other reversed charge from a third party, Credit Card Company, or bank on your behalf before SYNTHX MEDIA has been given a

chance to resolve the issue, SYNTHX MEDIA has the right to collect on the rendered services and any fees associated with those disputes.

Not all Billing Disputes may be settled to a customer’s satisfaction. Once this Procedure has been exhausted, a customer may use any third party, Credit Card Company, or bank in an attempt to settle the

dispute. However, SYNTHX MEDIA still retains the right to collect any rendered services or fees that are due. Should SYNTHX MEDIA be unable to reverse

any disputed amounts with a third party, Credit Card Company, or bank, SYNTHX MEDIA will submit the full delinquent amount for Collection.

The period within which Billing Disputes can be initiated

A Billing Dispute Notice may be lodged in the required manner until the passing of 60 days from the date of the relevant invoice.

Circumstances under which payment of a Disputed Amount may be withheld

You may only withhold payment of a Disputed Amount where SYNTHX MEDIA receives a valid Billing Dispute Notice relating to such Disputed Amount at least 5 Business Days before

the Due Date indicated on the relevant invoice.

Billing Dispute Notice

A Billing Dispute can only be validly initiated through the submission of a valid Billing Dispute Notice using the Customer Zone.

Invoice number and date.

The amount in dispute (“the Disputed Amount”).

The amount not in dispute (“the Undisputed Amount”).

The full details of the dispute; and

Any relevant evidence or documentation you want to submit to support your complaint.

Response to Billing Dispute Notice

Under the ICASA Code of Conduct Regulations, SYNTHX MEDIA is required to acknowledge receipt of your complaint within 3 Business Days.

SYNTHX MEDIA shall provide a response to the Billing Dispute Notice within 14 Business Days, which response shall take one of the following forms:

A rejection of the Billing Dispute Notice on the basis that:

The Billing Dispute Notice was not received by SYNTHX MEDIA within 60 days from the date of the relevant invoice.

The Billing Dispute Notice does not contain all of the information set out in clause 11 of this Billing Dispute Procedure or was not submitted by section 10.

The Customer has not made payment by (and does not have A right to withhold payment) in terms of sections 61, 62.1, and 67 of this Procedure.

SYNTHX MEDIA has confirmation from the Customer that the dispute which is the subject of the Billing Dispute Notice has been resolved.

The Customer is disputing the charges on the basis that the Customer did not authorize the particular use of the services by another person; or

SYNTHX MEDIA reasonably believes that the Customer does not have a  dispute about the charges.

A request for information or documentation from the Customer lodging the Billing Dispute Notice which is reasonably required to assist SYNTHX MEDIA in deciding

the matter. The Customer shall provide such information or documentation as soon as possible and the running of the 14 Business Day period referred to below shall be suspended until it has

been received by SYNTHX MEDIA

A determination of the Billing Dispute and the reasons for such determination

Referral to Senior Management

If you are not satisfied with SYNTHX MEDIA’s response under section 84 of the Billing Dispute Procedure, then you must notify (“SM Request”) SYNTHX MEDIA

within 3 Business Days of receiving SYNTHX MEDIA’s response that you want the matter referred to Senior Management (“SM”). Subject to you complying with this clause seventy-two of the

Billing Dispute Procedure, both parties agree:

Ensure that SM meets to resolve the dispute within 7 Business Days of SYNTHX MEDIA receiving the SM Request but, in any event, not later than 14 Business Days after the lodging of

the Billing Dispute Notice.

Any decision of SM will be Final and binding on both parties.

Both parties acknowledge and agree that if SYNTHX MEDIA does not receive a Notification from you by this clause 72 then the Billing Dispute will be deemed to have

been resolved by the response provided under section 72 and SYNTHX MEDIA will have no further obligations about the Billing Dispute.

The resolution, Agreement of Determination

If stipulated under SYNTHX MEDIA’s response under section 84 or where SM agrees on a resolution or reaches a decision under section 85 you must make payment of a Disputed

Amount, you must within 5 Business Days of the date of the determination pay the Disputed Amount.

If stipulated under SYNTHX MEDIA’s response under section 85 or where SM agrees on a resolution or reaches a decision under section 85 that SYNTHX MEDIA

must withdraw the disputed charge or refund a disputed charge previously paid, SYNTHX MEDIA must do as soon as practicable:

If stipulated under SYNTHX MEDIA’s response under section 84 or where SM agrees on a resolution or reaches a decision under section 85 that SYNTHX MEDIA

must withdraw the disputed charge or refund a disputed charge previously paid, SYNTHX MEDIA must do as soon as practicable:

Credit any disputed amount already paid by you.

Where a resolution or determination is made by clauses 74.1 or 74.2 then, subject to either party meeting the payment obligations specified in such resolution or determination, the Billing

The dispute will be deemed to be resolved and SYNTHX MEDIA will have no further obligations about the Billing Dispute.

Effect of this procedure on continued service provision

SYNTHX MEDIA will not disconnect a service provided to you that is the subject of a Billing Dispute or take adverse collection procedures or impose late payment penalties or charges

while attempting to resolve a Billing Dispute lodged in terms of this Procedure and until SYNTHX MEDIA has reached a determination and communicated this to you.

We reserve the right, however, to take such measures immediately:

Where a determination of the Billing Dispute has been made and communicated to you; or

Where you have indicated that you are unable to pay your invoice or bill or have failed or are the subject of any application to the court for sequestration or liquidation or otherwise seek to reach a formal

arrangement with your creditors.

Subject only to the above, the rights and obligations of each party under the Billing Dispute Procedure continue pending resolution of a Billing Dispute invoked under this Billing Dispute Procedure. For the

avoidance of doubt this includes that SYNTHX MEDIA shall continue to have the right to terminate or suspend the service by SYNTHX MEDIA Graphic & Web Design

Studio’s rights under the Agreement that you have with SYNTHX MEDIA

Subject only to the above, the rights and obligations of each party under the Billing Dispute Procedure continue pending resolution of a Billing Dispute invoked under this Billing Dispute Procedure. For the

avoidance of doubt this includes that SYNTHX MEDIA shall continue to have the right to terminate or suspend the service by SYNTHX MEDIA

rights under the Agreement that you have with SYNTHX MEDIA

Confidentiality

Neither party shall use any information obtained from the other party during any process invoked under this Procedure for any purpose other than the resolution of the particular Billing Dispute.

Overage Disputes

Should you wish to dispute an overage charge, you may do so by following the Billing Dispute Procedure and requesting an overage investigation.

Should, however, the overages be accurate (within a 5% margin) a once-off charge of R150.00 per domain/server will be applied to your account.

Request for Reconciliation or Historical Information/Reporting

Should you want a reconciliation done on your account, you may request one by following the Billing Dispute Procedure.

However, should the reconciliation prove the account to be accurate (within a 5% margin), a once-off charge of R160.00 per reconciliation will be applied to your account. Should you request historical

information that is made available to you every month via the Customer Zone, your Hosting control panel, or any of the management interfaces provided to you, a once-off administration charge of

R150.00 per request will be applied to your account.

Referral of Billing Disputes to ICASA

If you are unhappy with the outcome of the complaint, you have the right to escalate it to ICASA. If ICASA cannot resolve the matter, it may be referred to the ICASA Complaints and Compliance Committee for

adjudication.

ICASA can be contacted in the following ways:

Telephone: (011) 566 3000,

Fax: (011) 444 1919 or

Email: consumer@icasa.org.za.

Use of Account Holder information

Use of Account Holder information for promotional purposes

SYNTHX MEDIA may include your name and contact information in directories of SYNTHX MEDIA’s service subscribers to promote the use

of the services by potential customers. However, SYNTHX MEDIA is not authorized to print your name, trademarks, or other identifying personal information in any other advertising or

promotional materials without your prior written consent.

Use of Account holder consumer credit information

The Parties record that SYNTHX MEDIA intends to disclose information to third parties (including registered credit bureaux) concerning your payment history and account status, and

you hereby consent to SYNTHX MEDIA compiling and retaining any consumer credit information and confidential information about you to fill SYNTHX MEDIA

customers’ consumer credit information with third parties, including credit bureaux such as Compuscan; and you have consented to SYNTHX MEDIA providing a

credit bureau with this data. The credit bureaux are further authorized to upload the data to its database and share it with its subscribers as allowed in terms of legislation.

Domain Registration Agreement

By paying the 100% deposit of your domain registration and first month’s hosting, you are accepting these terms and conditions and confirm that you have read and agreed to the domain registration

agreement of our third-party domain partner found here

To accomplish those goals, we require your participation and cooperation – even if you don’t fully understand some of the elements or designer terms (which we’ll work hard to make clear). In the end,

we can only accomplish what we are allowed to accomplish; the quality of the result will depend significantly on the quality of your participation.

*By paying the deposit, The Client agrees to SYNTHX MEDIA Terms and Conditions as stipulated in this document, unless otherwise arranged.

**Hereby the Client understands that they will not sign a printed Trust Agreement Document unless requested, but by paying the deposit for the project, they agree to the above Terms and Conditions. (As also

stated on all quotations and invoices)

Website Takeover & Ownership

As soon as the client pays the outstanding 50% of a website project, the website becomes their ownership. The client will receive administrative logins to edit and modify the website as they, please.

SYNTHX MEDIA does not take any responsibility for the client’s website from the moment the client receives the administrative login and password.

Any errors that may occur, failure, or user negligence is the client’s responsibility. Fees that may occur to repair errors or website failure are the client’s responsibility.

Unless the client pays SYNTHX MEDIA for an SLA to maintain the website the above is applicable and waivers SYNTHX MEDIA of any responsibility to maintain the website.

SLA will also stipulate fees and responsibilities accordingly.

Website Plugins

SYNTHX MEDIA is not responsible for updating or maintaining WordPress, WooCommerce, or any 3rd party plugins. Unless the client has signed and paid for an ongoing SLA, the plugins licenses for plugins are

not renewed or updated.

If the client hands over the website maintenance to a third-party developer, the updating, licensing, and maintenance of plugins are moved over to either the client or a third-party company. SYNTHX MEDIA waivers the

responsibility for upkeeping, payments, or renewing any paid plugins.

If licenses expire it is the client’s responsibility to buy new subscriptions. Fees for these plugin subscriptions are the responsibility of the client.

SLA will also stipulate fees and responsibilities accordingly.

Website Technology

WordPress is defined as Open-Source CMS Software, thus the technology will update and constantly change over time.

If your website language or the technology it runs on updates to the point where your original website does not work or is not compatible anymore, you as the client are responsible for either upgrading or rebuilding the

website to a suited technology level. SYNTHX MEDIA can supply a quotation to rebuild or upgrade your website.

SYNTHX MEDIA is not responsible for websites or systems that may fail due to technology that updates. Plugins used that may become nulled due to technology or technical restraints are not SYNTHX MEDIA

responsibly.

We highly advise clients to either upgrade or rebuild websites every three years with the latest technology. Or sign an SLA for the website and plugins to be maintained and updated.

SLA will also stipulate fees and responsibilities accordingly.

Hosting technology that is always updating due to security issues and performance gains may also lead to system failure if the website technology is not updated regularly. SYNTHX MEDIA advises clients to

host with a reputable hosting service provider.

Monitoring and checking website uptimes are not SYNTHX MEDIA’s responsibility unless an SLA is signed and agreed to monitor uptimes. SYNTHX MEDIA cannot be held responsible for downtimes of your website, loss of

traffic or income related to downtime or errors that may occur.

Clients are advised to monitor or bring in monitoring solutions to make sure their website or system is up and running.

It is the client’s responsibility to test the website regularly, as well as text processes like online inquiry forms, live chat system, and e-commerce functionality.

SYNTHX MEDIA wavers any responsibility to further monitor or test technical or user experience technologies after the website goes live and is handed over to the client unless agreed to in a Service Level Agreement.

Service Level Agreement

Service Level Agreements are only valid if fully paid for and the account is up to date. Any outstanding monies against the client account will nullify the agreement and anything it binds SYNTHX MEDIA to.

SLA can be customized to the user or client’s needs. Contact SYNTHX MEDIA for more info.

Contact

Need some help?

Never been easier to get your project up and running.
Contact us if you need more assistance or if anything is unclear.