Terms and Conditons
- Quotes and estimates are valid for 30 days. After this time, all prices are subject to change.
- Once a quotation has been received, the Client must provide written confirmation that such a quote is acceptable. The quotation will thus form the basis of the contract between inGenius Africa and the Client. This contract is governed by the laws of Ghana and the jurisdiction of the Ghanaian Courts.
- The following payment terms apply (unless otherwise agreed in writing with inGenius Africa: all previously agreed third party costs (e.g. web hosting etc.) must be met in full prior to such elements being actioned; for all other costs - 100% of total with order.
- Some designs may require the use of Third Party software or programming. Save for supply of such, inGenius Africa shall have no liability in respect thereof. Restrictions as to use etc. shall be as laid out in the Third Party License and Copyright agreements.
- Should a problem arise with the server hosting the client's website (normally - but not exclusively - Hosteurope.de), inGenius Africa will not be liable for any consequent losses e.g. loss of profits.
- Any estimate given by inGenius Africa is given in good faith, but may be subject to change should Third Party suppliers vary their costs. inGenius Africa Limited will give the Client as much notice as is practicable upon becoming aware that the cost of any estimate is likely to change.
- The client must own the copyright or have reproduction rights of all content supplied to inGenius Africa Limited for inclusion in the web design. The Client shall indemnify inGenius Africa Limited for any and all costs whatsoever in connection with ownership of the copyright or reproduction rights.
- Where reference is made to Webhosting for one year, or similar references, then this period begins once inGenius Africa Limited is commissioned to start the webdesign.
- inGenius Africa Limited reserves the right to refuse publication on the web of any content it sees as being pornographic or offensive towards others.
- inGenius Africa Limited may hold domain names and/or hosting services temporarily on the Client's behalf using Third Parties. inGenius Africa Limited cannot be held liable for any failure in any services provided by a Third Party to inGenius Africa Limited on behalf of the Client.
- If appropriate, inGenius Africa Limited will temporarily publish on part of the inGenius Africa Limited website, a design proof and/or samples, which are then subject to the Client's approval.
- inGenius Africa Limited will release Website code and graphics as soon as is practicable after the final payment has been made.
- Any further modifications once the web design has been released will be chargeable under separate terms, unless such changes form part of a prior written agreement.
- inGenius Africa Limited cannot be held liable for any information contained within the Client's Website. The content of their web site remains the copyright property of the client. The client is liable for any reasonable costs incurred by inGenius Africa Limited caused by the content of the Client's site, and agrees to indemnify inGenius Africa Limited for any awards made by a court of law.
- inGenius Africa Limited cannot guarantee Search Engine acceptance and/or ranking, as these are under the direct control of various Third Parties.
- By requesting a quote or making a purchase, you agree that you have read, understand, and agree to abide by these terms and conditions, which are presented for your approval before you make your decision to request a webdesign quote or purchase.
- inGenius Africa Limited reserves the right to change in any way the availability of any of its services at its sole discretion, including these terms and conditions.
- 'Design Support' covers problems or difficulties encountered when using any website, pages, forms, etc., created by inGenius Africa Limited. Specifically, this would include: pages/images failing to load, pages/images not loading correctly, and forms not working. For ecommerce sites design support also includes product, basket, checkout, newsletter aspects etc. not working correctly.
- Design Support does not include sites or pages apparently loading slowly (this is very dependent upon the site content, the browser used, the computer, and the Internet connection), nor does it include any guarantees or promises with respect to search engine ranking or placement.
- Design Support does not include correcting any changes made by the client (or their representatives) to the site, unless such changes have been made using software set-up directly by inGenius Africa Limited. Such corrections will form part of the available updates or redesign work.
- Support is not offered or intended to be offered on a 24/7 basis; nevertheless, inGenius Africas Limited will strive to respond as soon as is practicable to any problems or difficulties covered by our design support.
- In some instances a temporary solution may be applied until the problem can be satisfactorily resolved. If the problem or difficulty lies directly or indirectly with a Third Party or Third party software, then inGenius Africa Limited will do its very best to solve the problem, but unfortunately no guarantees can be made as this is entirely under the control of the appropriate Third Party.
- Design support does not include making changes to any web design other than to solve problems as detailed above. Such changes would however form part of any available updates or redesign work.
- Design work carried out in excess of agreed updates, will be charged at 95% of the list price for the first year. No design work will be carried out on this basis without first seeking the client's approval as to the extent and likely cost. In some circumstances an initial deposit may be required.
- General Conditions of Use
inGenius Africa Limited provide Internet access and use of server space for email accounts and for hosting of web sites. inGenius Africa Limited reserves the right to suspend, restrict or terminate any customers account where the customer is in breach of this agreement.
- Use of Web Hosting Accounts
Accounts are to be used only by the purchaser / purchasing company. Account holders must not resell or give away web space or email accounts to other parties, other than the acceptance of advertisements. All web space and email accounts must remain in total control of the account holder.
- Prohibited Use
inGenius Africa prohibits the use of its servers for:
- Illegal material, such as commercial audio, video or music files or any other copyrighted works, for which the account holder does not have the permission of the coyright holder, or any other material in violation of international law.
- Adult material, such as pornography, erotic images or otherwise lewd or obscene content
- Racist, defamatory, obscene, indecent or other unlawful material
- 'Warez', such as pirated software, ROMS, emulators, instructions or software for phreaking, hacking, password cracking or IP spoofing etc
- Sites engaging in or promoting pyramid sales, Multi Level Marketing or similar activities
- Engaging in illegal activities
Account holders will not post (nor allow to be posted) web or WAP pages containing such material or links to such material, nor shall they store such material in their server space, nor shall they transmit such material by email or any other means.
inGenius Africa Limited reserves the right to determine whether any material or use is prohibited.
inGenius Africa Limited reserves the right to remove any such material without warning and suspend or terminate accounts without refund or notice.
- Spam (unsolicited email)
inGenius Africa Limited prohibits spam (the sending of unsolicited bulk email). inGenius Africa Limited will terminate any account, without refund, for which the account holder has sent unsolicited bulk emails.
- Payment for Web Hosting Accounts
All web hosting accounts are sold on a one year prepay basis. The full payment for a full year's service is required at the time of placing your order.
Payment can be made by cash, cheque or bank transfer to inGenius Africa Limited's Account.
The renewal date for accounts will be one calendar year from the date of purchase or the date of previous renewal. Payment must be received prior to renewal date.
Failure to pay within these time limits will cause suspension of the account or additional facilities until payment is received.
- Upgrading Web Hosting Accounts
At any time, account holders may upgrade their web hosting accounts by purchasing additional facilities. Account holders can choose to have the upgrade take effect immediately or to have it take effect from the renewal date. If from the renewal date, then the renewal invoice will be adjusted to include the upgraded features. If immediate, then the account holder will be invoiced for the upgrades as for a new account, and payment will be due immediately.
Upgrades made part way through the term of the hosting account will be charged at the full rate as if they were ordered as part of the original hosting account. An upgrade made part way through the term of a hosting account will be valid only until the renewal of the hosting account.
- Data Transfer (Bandwidth) and System Resources
All web hosting accounts should remain within the agreed data transfer (bandwidth) allowance for the account. inGenius Africa Limited accepts that there are times when sites may unexpectedly exceed data transfer allowance for short period of time. inGenius Africa Limited will not impose any penalty for such breaches of data transfer allowance providing that these breaches are small, are not frequent, and are not sustained. inGenius Africa Limited reserve the right to determine what constitutes small, sustained or frequent breaches of data transfer allowance.
Many domains have to share the various resources (processors, memory, etc) available on the servers. inGenius Africa Limited believe that no single domain should use excessive amounts of resources, as this may jeopardise server performance for the other domains.
In the event that an account is deemed to be using excessive data transfer (bandwidth) or resources, inGenius Africa Limited may suggest action to reduce bandwidth or resource use, or suggest moving the website to its own dedicated server.
Account holders may also be subject to additional costs due to excessive data transfer or resource use. These costs will be agreed between inGenius Africa Limited and the account holder.
- Cancellation, Termination and Refunds of Web Hosting Accounts
All web hosting accounts are for a period of one calendar year from the date of ordering or renewal. Fees are charged on an annual pre-pay basis and are non-refundable. Accounts are renewed automatically after one year.
Account holders may terminate their accounts simply by sending a letter of cancellation latest one month prior to renewal. No refund will be given where customers terminate their account prior to the end of the term of the hosting account.
In the event that inGenius Africa Limited finds an account is in breach of the prohibited uses, then that account may be terminated without notice. No refund for the remainder of the year will be given.
In the event that an account exceeds data transfer or resource allowances and an agreement cannot be reached between inGenius Africa Limited and the account holder, then inGenius Africa Limited may terminate the account. In this case, no refund for the remainder of the year will be given.
inGenius Africa Limited will not be responsible for any loss or damage your business may suffer. inGenius Africa Limited makes no warranties, expressed or implied, for any services we offer.
Customers shall indemnify and hold harmless inGenius Africa Limited from any and all demands, liabilities, losses, costs, and claims, including all legal fees, asserted against inGenius Africa Limited and it's agents, customers, officers and employees, that may arise from any service provided or performed or agreed to be performed, or for any product sold by inGenius Africa Limited, it's agents, customers, officers or employees.
inGenius Africa Limited will not be responsible for any loss or damage caused by infringement of copyright or proprietary rights, supply of defective goods or services, any loss or damage (personal or business), caused by customers of inGenius Africa.
- Changes and Amendments
inGenius Africa Limited reserves the right to amend and/or change these Terms and Conditions without notice.