- Anything not listed in the quote/special may result in extra cost
- Apart from the once-off costs, there could be optional annual and monthly costs.
- Third party fees may apply, eg. gateway fees, SSL certificate.
- Wow!Media will not be responsible for or pay any amount of incidental, consequential or other indirect or direct damages, whether based on lost revenue or otherwise, that springs from the use of the website software. This includes hacking and other malicious attacks on the website.
- Support on the website software is limited to 1 month after the initial creation of the website. Thereafter support will be charged at a normal hourly rate of R 500. This includes, but is not limited to PHP and MySQL upgrades, repair due to site hacking and browser issues. Should the website software prove defective after the initial 1 month period, the client assumes the cost of all necessary servicing, repair or correction.
- The project starts when the 50% deposit is paid AND all content has been received.
- Wow!Media uses WordPress and its plugins for the website software. This just means that if the website functionality offered by the website software and its plugins are not sufficient, we will quote separately to add the required functionality.
- Wow!Media also uses WordPress themes. In other words, the client selects an already developed website layout (theme). If a WordPress theme must be developed and installed, we will quote separately for this.
- WordPress and its plugins require regular updates. This is the client’s responsibility. However, should the client purchase the monthly maintenance plan, Wow!Media will ensure regular updates are done.
- Quote valid for 14 days
- By accepting our quote, you acknowledge that you have read and accepted the terms & conditions above.
WordPress Management Service
Terms of Service
These terms of service (“Terms”) is a legal agreement (“Agreement”) between you, either an individual or a single legal entity (“You” or “you”), and Wow!Media, who provides a WordPress Management service available at www.wowmedia.co.za. (You and Wow!Media each a “Party” and collectively the “Parties”). These Terms govern your use of any Wow!Media services (“Services”), the Wow!Media website and any subpages (“Site”), and any other services provided by Wow!Media, including any updates and any accompanying written documentation (collectively the “Software”). The Software, the Site and the Services may be referred to as the “Services.” By clicking the “I AGREE” or similar button, or using any Services, you signify that you have read, understand, acknowledge, and agree to be bound by the Terms. If you do not agree to these Terms, then do not indicate acceptance and do not use the Services. If you agree to these Terms on behalf of a legal entity, you represent that you have the authority to bind that legal entity to these Terms. If, after your electronic acceptance of this Agreement, Wow!Media finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. Wow!Media shall not be liable for any loss or damage resulting from Wow!Media’s reliance on any instruction, notice, document or communication reasonably believed by Wow!Media to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Wow!Media reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.
DESCRIPTION OF THE SERVICE
Wow!Media provides a WordPress management service, managing virtually any number of WordPress sites including, but not limited to, management, monitoring, backup, deployment, publishing, and security tools. The service you subscribe to may contain one or more of these services mentioned.
1. Account & Fees
1.1 You must register with Wow!Media to use the Services, and you agree to keep your registration information accurate, complete and up-to-date as long as you continue to use the Services. If Wow!Media has reason to believe that your registration information is untrue, inaccurate, out-of-date, or incomplete, Wow!Media reserves the right, in its sole and absolute discretion, to suspend or terminate your account.
1.2 Our charges to provide the Services to Customer are set out on wowmedia.co.za. Fees applicable to any renewal Term will be at our then-current rates, provided that we have notified Customer that an adjustment will take effect at the time of renewal prior to the date by which Customer may opt out of the applicable renewal.
1.3 If you sign-up for a Paid Account, you agree to pay the fixed subscription, for the account type you have selected and agree to any applicable restrictions and quotas. As stated in further detail below, if you use a credit card for payment, you authorize Wow!Media to automatically renew your subscription and charge the then-current renewal fees to the credit card associated with your account unless you notify Wow!Media in advance that you do not want your subscription renewed. You may cancel your subscription prior to the next billing date to avoid future charges. Service will continue until the end of the current billing period, but no service fees will be refunded.
1.4 If you have signed up for a Wow!Media Account, any discounts agreed upon with your order will be honored throughout the period specified. If the account owner fails to pay for services within 14 days of the payment due date or discontinues Paid Account services, any and all discounts applied to the user’s account forfeits their life-time discounts will no longer apply. Unless otherwise stated, Customer will be charged the Fees beginning on the Effective Date.
2.1 Wow!Media refunds are issued if you request a refund before the end of your subscription period. Refunds will not be issued for Services already used. If you are interested in a refund, contact Wow!Media immediately to avoid additional fees. For monthly subscriptions to Paid Accounts, refunds are prorated based upon the number of unused days of service that Services were used for that monthly period.
3. Term & Termination
3.1 These Terms, and any posted revisions, remain in effect as long as you continue to maintain an account or use the Services. You may terminate your account at any time, for any reason, by emailing Wow!Media and discontinuing use of the Services.
3.2 If you have a Paid Account, Wow!Media may terminate your account and these Terms immediately and without notice if you fail to renew your subscription, fail to pay any fees or invoices after 14 days when due, or otherwise fail to comply with these Terms. On termination or expiration of your account or these Terms, you will no have access to the Services, and Wow!Media will no longer access and restore your backup data. Also, you specifically agree that Wow!Media has no obligation to provide you or anyone else with a copy of your backup data and may automatically purge your backup data from Wow!Media systems.
4. Passwords & Security
4.1 You are responsible for keeping your passwords secure, and you agree not to disclose your passwords to any third party. You are solely responsible for any activity that occurs under your user names and accounts, including any sub-accounts. You must notify Wow!Media immediately of any unauthorized use of your accounts or any other security breach related to the Service. If Wow!Media determines that a security breach has occurred or is likely to occur, Wow!Media may suspend your accounts and require you to change your user names and passwords. Wow!Media will not be liable for any loss you incur due to any unauthorized use of your account. You, however, may be liable for any loss Wow!Media or others incur caused by your account, whether caused by you, or by an authorized person, or by an unauthorized person.
5. External Links
Wow!Media may provide access to resources and links to other websites. When you access a non-Wow!Media website, even one that may contain the Wow!Media logo, you leave the Wow!Media Website and understand that it is independent from Wow!Media, and that Wow!Media has not reviewed nor is it responsible for the content of any linked websites. Wow!Media makes no representations whatsoever about such resources or other websites. The inclusion of any link to a website does not imply endorsement by Wow!Media of the website or their entities, Services, or services. All warranties, conditions or other terms express or implied as to any such linked website, including without limitation as to accuracy, ownership, validity or legality of any content of a linked website, are hereby excluded. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
6. Changes to the Service and Terms
Wow!Media reserves the right at any time to modify, suspend, or discontinue providing the Service, in whole or in part. In the event Wow!Media anticipates that any such action will significantly affect your use of the Service in a negative way, Wow!Media will endeavour to provide you with advance notice by email, an in-client message or by posting relevant information on the Site.
Wow!Media reserves the right to modify these Terms at any time, and each such modification will be effective upon posting on the Site. All material modifications will apply prospectively only. Your continued use of any Services following any such modification constitutes your agreement to be bound by the modified Terms. To stay informed of any changes, please review the most current version of these Terms posted on the Site. If you do not agree to be bound by these Terms, you must stop using the Services immediately. Wow!Media assumes no liability or responsibility for your failure to review the current version of these Terms.
7. User Indemnity
You agree to defend, indemnify, and hold Wow!Media, its suppliers, resellers, partners, and their respective affiliates harmless from and against any claims, liabilities, damages, losses and expenses, including reasonable attorney fees and costs, in connection with:
your use of the Services;
your violation of these Terms;
your violation of any third-party right, including any intellectual property right; or
any claim that use of your data caused damage to a third party.
This indemnity obligation will survive the termination or expiration of your account and these Terms or your use of the services on your account.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON Wow!Media OR ITS AFFILIATES (AS DESIGNED BELOW), ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE WORDPRESS MANAGEMENT SERVICE AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. Wow!Media DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Wow!Media AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY Wow!Media OR ANYTHING RELATED TO Wow!Media, YOU MAY CLOSE YOUR Wow!Media ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THIS AGREEMENT AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. Wow!Media IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS EMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH Wow!Media TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON OUR WEBSITES MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. Wow!Media DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, Wow!Media DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. Wow!Media DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. Wow!Media DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, Wow!Media DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE Wow!Media SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
9. Limitation of Liability
IN NO EVENT SHALL Wow!Media, IT’S DIRECTORS, EMPLOYEES, AGENTS, AND ANY THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that in no event shall WOW!MEDIA’S total aggregate liability exceed R5,000.00 ZAR.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
10. Dispute Resolution
This Agreement shall be governed by and construed in accordance with the law of South Africa. You agree that any action relating to or arising out of this Agreement shall be brought in the courts of Cape Town, South Africa.
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
11.2 Entire Agreement
You agree that these Terms constitute the entire, complete and exclusive agreement between you and Wow!Media regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Wow!Media services, third-party content or third-party software.
11.3 Injunctive Relief
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
You may not assign or delegate any rights or obligations under these Terms. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under these Terms, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Wow!Media for any third party that assumes our rights and obligations under these Terms.
11.6 English Language Controls
This Agreement, along with all policies and the applicable product agreements identified above and incorporated herein by reference (collectively, the “Agreement”), is executed in the English language. To the extent any translation is provided to you, it is provided for convenience purposes only, and in the event of any conflict between the English and translated version, where permitted by law, the English version will control and prevail. Where the translated version is required to be provided to you and is to be considered binding by law (i) both language versions shall have equal validity, (ii) each party acknowledges that it has reviewed both language versions and that they are substantially the same in all material respects, and (iii) in the event of any discrepancy between these two versions, the translated version may prevail, provided that the intent of the Parties has been fully taken into consideration.