General Terms | The Design Hammock

These general terms and conditions form part of the agreement between you and The Design Hammock. By contracting The Design Hammock for the services a client will be lawfully regarded as having agreed to their use of the services specified being governed by this Agreement.

Definitions

“The Design Hammock” refers to The Design Hammock PTY Ltd or any other entity The Design Hammock PTY Ltd may cede or delegate any of its rights or obligations to.
“The Design Hammock Systems” means equipment operated together as a system by The Design Hammock to provide any services, including without limitation servers, software and databases.
“The Design Hammock Website” means the internet website published at “www.thedesignhammock.co.za” or another URL that The Design Hammock notifies the client of from time to time.
“Agreement” means these General Terms, Acceptable Use Policy, and applicable service terms, service orders and all annexures to any of these documents.
“Application” means a request for initiation of a Service(s) and/or provision of Good(s).
“Business day” means any day other than a Saturday, a Sunday or a public holiday in the Republic of South Africa
“Business hour” means a period of 60 minutes between the hours of 08h00 and 16h00 South African Time, on a business day.
“Client” is the party described as such on any application or service order executed between it and Afrihost.
“Client Data” means data:
1. transmitted to the client using The Design Hammock System,
2. stored by the client on the Design Hammock system (or on the client system as the case may be), or
3. transmitted by the client via The Design Hammock system,
4. in the day-to-day utilization of a service.
“Data” means electronic representations of information in any form.
“Database” means a collection of related data including, but not limited to, text, images, sound and video, all of which have been created and integrated using a method of connecting and displaying the data into a collection of interrelated independent files or data which are stored together.
“Domain” means an internet subdomain registered with an authorized registrar appropriate to its top-level domain (“TLD”) and comprising its constituent domain name server records including, but not limited to, host names, aliases, text (“TXT”) and mail exchange (“MX”) records.
“Emergency maintenance” means maintenance to The Design Hammock system intended to remedy existing circumstances or prevent imminent circumstances that are likely to cause danger to persons or property, an interruption to the communication services, or substantial loss to The Design Hammock, the client or any third party.
“Fee” in respect of each service will be as noted in the fee schedule provided to the client on initiation of the service and adjusted from time to time.
“Goods” means any and all goods to be provided by The Design Hammock to the client in terms of this agreement, including without limitation equipment and third-party software.
“Good industry practice” means the exercise of that degree of skill, diligence, prudence and foresight which would reasonably be expected from a skilled and experienced service provider providing similar services to those provided under this agreement. Such a service provider would seek in good faith to comply with its contractual obligations, and with all applicable laws, codes of professional conduct, relevant codes of practice, relevant standards, and all conditions of planning and other consents.
“Intellectual property rights” means patents, registered designs, trademarks (wether registered or otherwise), copyright, trade secret rights, database rights, design rights, service marks and other intellectual property rights and rights to claim something as confidential information, including in other jurisdictions, that grant similar rights.
“Malicious code” means anything that contains any computer software routine or code intended to:
1. allow unauthorized access or use of a computer system by any party, or
2. disable, damage, erase, disrupt or impair the normal operation fo a computer system,
3. and includes any back door, time bomb, Trojan horse, worm, drop dead device or computer virus.
“Multi-Factor authentication” refers to the process of establishing a user’s identity using several concurrent means of verification such as one-time pin, security questions or other forms of validation.
“OTP” means One-Time Pin or One-Time Password that is used for login to The Design Hammock Systems or for verification purposes.
“RICA” means the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 OF 2003.
“Services” generally means internet services and access but for each specific service offering the meaning will be specified in more detail, as provided in the additional terms for each of the listed options.
“Service order” means a ggoods, licence, services and/or work order agreed to in terms of this agreement describing the specific goods or services to be provided by The Design Hammock to the client.
“Service terms” means a document describing the terms on which The Design Hammock will provide a particular good or service, as amended from time to time.
“General terms” means this document.
“Software” means any computer programme (weather source- or object code), as well as any database structure or content, artistic work, screen layout, cinematograph film, sound recording, predatory material, user or technical documentation or any other work created in connection therewith and any modifications, enhancements or upgrades thereto.
“Supplier” means a supplier of goods and/or services to The Design Hammock.
“Two factor authentication” refers to the process of establishing a user’s identity using various methods, such as one-time pin and security questions.
“User/s” means the client or any other person accessing any of the services provided by The Design Hammock.

HOW THE AGREEMENT WORKS

The goods and services that The Design Hammock will provide to the client will be described in service orders.
These general terms apply to all services.
More details of particular goods or services may be contained in service terms.
The service order(s), service terms, and this document together form the agreement between The Design Hammock and the client. If the parties enter into a Service Level Agreement or agree to an annexure to any of these documents, these will also form part of the agreement.
If there is any conflict between any of these documents, they will be interpreted in descending order of precedence as follows: General; terms (this document), service terms, service order, Acceptable Use Policy, and Servcie Level Agreement, unless otherwise expressly stated in writing.

Applications and Initiation

The Design Hammock will provide the goods and services to the client as described in an application or project in terms of the agreement.
The Design Hammock reserves the right to refuse to commence provision of services based on the client’s prior conduct.
An application must be submitted via The Design Hammock website. Once an application is accepted by The Design Hammock it becomes a project.
Each project (Read with the other documents mentioned above) will be a separate contract between the client and The Design Hammock (unless amended or renewed by another project).
The terms of one application or project will not apply to another unless a project amends or renews an existing project or adds goods or services to an existing contract.
The client consents to The Design Hammock carrying out a credit check on the client at any applicable credit bureau and may make the provision of the goods or services dependant on its satisfaction of the results. The Design Hammock may provide information on the client’s payment record to a credit bureau.
If the client is a juristic person, The Design Hammock may require one or more of its officers to stand surety for the client’s obligations under this agreement. Even if the agreement has commenced, The Design Hammock may withhold providing the services until the surety has been signed.
If a client has not complied with a requirement of this clause, The Design Hammock may delay providing the goods or services until the client has complied. If the client does not comply within a reasonable period, The Design Hammock may terminate this agreement and will not be liable for any damages that the client may suffer as a result.
Commencement of the services is subject to a seven-day cooling-off period which will be interrupted if the service in question is made available to the client during this period.

AVAILABILITY OF SERVICES

The Design Hammock cannot guarantee the provision of the requested service upon the receipt of an application. Provision of the service is subject to The Design Hammock confirming that it is technically feasible to do so.
Applicants will be formally notified after the receipt of an application whether or not the service can be provided.

CLIENTS COMMITMENTS

The client confirms that all statements made to The Design Hammock are true and correct. The Design Hammock reserves the right to request proof of any facts or claims. The client also commits to providing The Design Hammock with necessary information required in the provision of the selected services, and (where applicable) consent to use or sharing of this information with 3rd parties to comply with regulatory conditions (Such as domain registration listings) within the guidelines of applicable privacy legislation.
The Design Hammock reserves the right to, at any time request verification of the identity of the account holder. Failure to produce such verification could result in summary suspension or cancellation of the product(s) and services.
The client (or the client’s agent) certifies that the client is above the age of 18 years old, has full contractual capacity and (in the case of an agent) is duly authorised by the client to contact on the client’s behalf.
The Design Hammock’s website and attached systems are designed to facilitate reasonable use of The Design Hammock products and services. The Design Hammock reserves the right to suspend or terminate users who are improperly using features of the systems to avoid billing, shaping, suspension or any other system controls, or exploit bugs or limitations in the system design to effect avoidance of system controls or commit crimes. The Design Hammock reserves the right to deem an activity as “unreasonable exploitation of the system” and will take appropriate action based on the circumstances and the severity of the incident(s).
The service order(s) and this agreement, the services or the interpretation fo the supporting documents shall be governed by the laws of the Republic of South Africa and the courts of South Africa will decide any disputes.
If the client or its staff engages in behaviour that is a contravention of the Acceptable Use Policy or may be considered offensive to The Design Hammock or its staff, The Design Hammock reserves the right to suspend or terminate the client’s services, irrespective of the form and medium of this abuse.
In the event that any of the terms of this document are found to be invalid, unlawful or unenforcable, such terms will be severable from the remaining terms, which will continue to be valid and enforcable.
The Design Hammock reserves the right to remove any content hosted by a client which it considers illegal or contrary to the Acceptable Use Policy for which it has received a takedown notice.

TERMS SUBJECT TO CHANGE

The Design Hammock may amend the general terms and service terms at any time. The amended versions will be posted on The Design Hammock website. The client also has a duty to keep itself informed of the latest version of the above documents by accessing the Afrihost website on a regular basis.
If the client objects to any of the amendments, it may terminate the agreement, and the termination will become effective at the end of the normal notice period.
If The Design Hammock changes its fees, the change must take place as described in this clause.

INTERACTIONS WITH STAFF AND THE DESIGN HAMMOCK BRAND

Clients will be held accountable for their conduct towards The Design Hammock staff and in the public domain with regard to allegations or malicious conduct directed towards The Design Hammock or its staff.
Abusive behaviour, including (but not limited to) aggression, bullying, offensive language or conduct, including threats, humiliation or any type of intimidation on a forum or directed at The Design Hammock or its staff will be deemed abusive and will not be tolerated. Such conduct may constitute an Acceptable Use Policy violation and The Design Hammock reserves the right to suspend or terminate services to a client in such cases.
Clients using public platforms to spread libel, false allegations, unreasonably or maliciously diminish the reputation or public perception of The Design Hammock brand (or its staff) may have their services suspended or terminated, depending on the severity and circumstances of the incident(s), and may also be regarded as contrary to the Acceptable Use Policy.

CHOICE OF SERVICES AND PRODUCTS

The Design Hammock provides services on the basis of information provided by the client, and The Design Hammock offers no warranty as to the suitability of the services beyond the requirements as expressed by the client.
The Design Hammock reserves the right to stop offering particular services if it deems it necessary. The Design Hammock will then either provide the service for the remainder of the time that has been paid for or refund the amount paid for that specific package.

REFERRAL PROGRAM

Clients may only use a referral program to render other possible clients. Clients that try to render themselves via other accounts, whether setup using spoofing methods or simply as duplicate referrals will not receive any discounts.
Should a referred client decide to cancel its services within three months of signup, The Design Hammock reserves the right to Reverse both the referrer and the referee’s credits.

PAYMENTS AND PENALTIES

The Design Hammock receives its rights to change its prices at any time on reasonable notice, which will not be less than 30 days, as per the minimum term of a month to month agreement.
The Design Hammock only accepts Electronic Fund Transfer (EFT) payments for month to month services, and will only accept alternative payment under specific circumstances and only by prior arrangement at The Design Hammock’s discretion.
The Design Hammock will not accept any liability or responsibility for delays, suspensions or impact to services due to use of non-approved payment methods by clients.
If the client’s debit order bounces for any reason, The Design Hammock reserves the right to resubmit the debit order at any time.
Non-payment of any fee by its due date, whether as a result of unpaid debit orders, declined cards or any other cause may result in immediate suspension of services (which may not be limited to the particular service in question). The Design Hammock retains the right to suspend any service for non-payment, and to withhold such services until all arrears are settled in full and on any and all products and services.
All unpaid products remain the property of The Design Hammock until paid for in full by the client.
Services which may have been suspended for non-payment of fees will remain suspended until payment has been made and the service is reconnected as described below. The client will not be credited for data or services that would otherwise have been available to the client during the period of suspension.
If the client remains in default of a monthly fee for two consecutive calendar months, The Design Hammock may terminate the agreement with immediate effect. The client will remain liable for all fees and charges for any period of suspension.
Should the client settle the unpaid fee they will be reconnected as described below.
The Design Hammock may charge an admin fee for failed return payments, regardless of method of payment or the reason for non-payment. Admin fees will be calculated on a sliding scale based on the number of incidents of non-payment on the client’s payment record. Non-payment of admin fees will be considered non-payment and will be subject to the same terms. Once levied, admin fees are not recoverable or reversible, regardless of whether payment is made within the prescribed period.
Reconnection of services may be subject to a waiting period of up to 72 hours, at The Design Hammock’s discretion, regardless of when payment is received or cleared.
Admin fees will not exceed R500 (charged on a sliding scale based on the number of incidents of non-payment), and this amount is based on (but not limited to) a reasonable estimation of accumulated administrative costs (such as labour), bank penalties and resubmission charges levied by payment carriers.
In the case of billing disputes, the onus is upon the client to raise such disputes in good time through the complaints procedure set out in these Terms to prevent interruption of services while the billing is in dispute. Reparations will be made to clients with successful disputes by means of an account credit or refund, at The Design Hammock’s discretion.
The Design Hammock reserves the right to terminate services where a client has shown repeated disregard for payment terms and consistently fails to make regular scheduled payments on time and using approved payment methods. The conditions of termination will be based on guidelines determined at The Design Hammock’s discretion and may vary. The means and terms of termination will be determined at The Design Hammock’s discretion. NOtice of termination will be provided to the best of The Design Hammock’s ability, but The Design Hammock will not be held liable for claims or requests for further provision of services once a client’s services have been terminated due to non-payment.
Unless otherwise agreed:
1. Billing will commence on the date that service provision commences. Partial months will be charged pro rata.
2. Services are billed in advance and all invoices must be paid by the client in advance.
3. Any services invoiced in arrears are payable on presentation of invoice.
4. All fees and other amounts are quoted exclusive of VAT.
Interest will be charged on any amount that remains unpaid by the client beyond the due date of payment:
1. The interest rate will be 2% (two percent) above the prime overdraft rate (percent, per annum), up to a maximum of 2% per month.
2. The prime overdraft rate will be charged by The Design Hammock’s bankers at the time which will be evidenced by a certificate issued by any manager of that bank whos authority it shall not be necessary to prove.
3. The interest will be calculated from the due date of payment to the date of actual payment, both days inclusive, and will be compounded monthly in arrears. The client agrees and undertakes to pay the interest.

TERM AND TERMINATION

The Design Hammock operates month-to-month contracts. Either the client or The Design Hammock may terminate the agreement, or a particular service, by giving one calendar month’s notice to the other. For example, if notice is given on the 15th of January, termination will take effect on the 1st of March.
Either party may terminate this agreement and any service provision where there is a breach of this agreement by the other which has not been remedied within seven (7) days of receipt of written notice to do so.
The Design Hammock reserves the right to terminate agreements based on a breach of this agreement, or linked agreements (such as their Acceptable Use Policy) which is viewed as a breach of the whole service contract.
The client acknowledges that The Design Hammock may terminate this agreement by written notice, including email, and without liability in the event of the termination of its agreement with an upstream licensee relevant to the provision of any connectivity service.

TRANSFERABILITY

Should The Design Hammock agree to the acquisition or transfer of any or all its services to another company, such services and services agreements will be transferred to the acquiring entity. Clients affected will be notified of such changes and any potential impact to their service agreement within the minimum term (30 days) of a month to month agreement.

CLIENT INFORMATION AND PRIVACY

Clients signing up for services as a primary contact are considered as “the client” and no other parties will be permitted access or authority to the client account, even if they are a 3rd party recipient or affiliate of the “client”.
The Design Hammock will observe all privacy of information best practices, in accordance with the applicable laws of South Africa, including the Protection of Personal Information Act (POPI) of 2013.
The client consents to The Design Hammock processing personal information transmitted to The Design Hammock system in a way which is consistent with the service being provided. Where the client’s use of a service leaks to the retransmission of personal information to or from the Republic of SOuth Africa, the client acknowledges that it has a duty to comply with any relevant statutory provisions dealing with data privacy either in the Republic of South Africa or in any foreign country to which the personal information is transmitted. Teh client warrants that it has obtained the consent of any third party for the use of that party’s personal information in this way, or otherwise that such processing is lawful, and indemnified The Design Hammock from any claim brought by such third party as a result of its failure to so do.
The Design Hammock may retain backups as a matter of course for up to one year after termination, and the client consents to such retention. However The Design Hammock gives no warranty in respect of the effectiveness of such backups (if any).

SECURITY

The Design Hammock will implement measures in line with good industry practice to ensure the security of The Design Hammock system and the physical security of The Design Hammock’s premises, but gives no guarantee that breaches of security will not take place.
If the client discovers a security violation, or thinks that a security violation is imminent, it must be immediately notify The Design Hammock in an appropriate way that does not further compromise security concerns.
If the client suffers damage as a result of loss or corruption of client data through a security violation, it will be liable for the damage if the violation was the client’s fault.
The client must not do anything that may prejudice the security of The Design Hammock system, and must take all reasonable measures necessary to ensure that:
1. no unlawfully access is gained to The Design Hammock premises, The Design Hammock system, or the client’s own system;
2. no malicious code is introduced into The Design Hammock system; and
3. the client data is safeguarded.
If a security violation occurs, or The Design Hammock is of the view that a security violation is imminent, The Design Hammock may take whatever steps it considers necessary to maintain the proper functioning of The Design Hammock system including without limitation:
1. changing the client’s access codes and passwords (or those of any user of The Design Hammock system), and
2. preventing access to The Design Hammock system.
The Design Hammock takes reasonable measures to provide disaster recovery but does not warrant that recovery will be successful or that it will be completed within any time limit.
The client must give its full cooperation to The Design Hammock in any investigation that may be carried out by The Design Hammock regarding a security violation.
If the client is providing any service to third parties that makes use of The Design Hammock system, the client must contractually bind those third parties to equivalent terms regarding security as are set out in this clause 8.
By signing up and submitting personal information to The Design Hammock, clients expressly agree to validation and verification methods such as Two Factor Authentication and/or Multi-Factor authentication, using personal information submitted, or such information as required by The Design Hammock from time to time. The method of verification used will be implemented at the discretion of The Design Hammock. Clients hereby grant authority to The Design Hammock to use personal information for this purpose, including sending OTP information via SMS to their mobile phones.

SUSPENSION OR TERMINATION OF SERVICES

The Design Hammock may, subject o this agreement or Acceptable Use Policy, suspend or terminate services of a client in its absolute discretion by providing email notice if:
1. the client commits a serious or repeated breach of the agreement or the client engages in any conduct which in The Design Hammock’s opinion would have a negative impact on The Design Hammock, other clients or The Design Hammock’s staff or is detrimental to the welfare, good order or character of The Design Hammock; or
2. Any part of the client’s fees are not paid in full when due; or
3. The information the client supplied to The Design Hammock is found to be incorrect or false;
4. The Design Hammock reasonably thinks that the client’s use of the services may result in the commission of a crime or is otherwise unlawful.
The Design Hammock reserves the right to effect such suspension or termination without notice, depending on the severity of the breach, but will undertake to inform clients where possible. Upon such suspension or termination, such clients:
1. Will not be eligible for reimbursement/compensation, unless at The Design Hammock’s discretion
2. May be further barred from signing up for any services with The Design Hammock in the future
3. May be reported to governing bodies, such as the ISPA, for listing purposes
4. May be listed with applicable authorities and credit bureaus.
The period of suspension will be that which is reasonable under the particular circumstances that gave rise to the suspension.

LIMITATION OF LIABILITY AND INDEMNITY

The Design Hammock will not be liable to the client or any third parties in respect of any and all damages, loss, claims or costs, of whatever nature and including but not limited to direct, indirect, consequential or special damages, suffered by the client or third party, howsoever arising, and The Design Hammock will moreover not be held liable whether the loss was the result of the act or omission of a Design Hammock employee, vicarious or strict liability.
In the event that The Design Hammock is nonetheless held liable, the quantum of The Design Hammock’s liability will not exceed the monthly or pro-rata fees due for the service that occasioned the loss, in the preceding three (3) months, regardless of wether the claim arises out of negligence on the part of The Design Hammock or any other cause.
Use of the services indicates that the client indemnified and holds harmless The Design Hammock in respect of any damages, loss or costs or claims instituted against The Design Hammock arising from any application or subscription to or use of any service or breach of the terms and conditions applicable to it.
These limitations on liability and indemnities apply to the benefit of The Design Hammock and The Design Hammock’s affiliates, directors, officers, employees, contractors, agents and other representatives, as well as any third parties whose networks are connected to The Design Hammock system.
Nothing contained in this clause 17 (Suspension or terminations of service) will limit the client’s liability in respect of any charges incurred for ongoing services.
If the Consumer Protection Act 68 of 2008 is applicable to this agreement, and any provision of this clause 17 (Suspension or termination of service) is found by a court or tribunal with jurisdiction over The Design Hammock to be unfair, unreasonable or unjust, then that provision (weather it be a word, phrase or sub-clause) will be severed, and the remainder of this clause 17 (Suspension or termination of service) will have full force and effect.
In the case of ambiguity, this clause 17 (Suspension or termination of service) will take precedence over any expression of the parties’ intention, weather expressed or implied, that may be contained elsewhere in this agreement.

NOTICES

All requests by the client for the provisioning, modification or termination of services, and for modification of contact and other personal information must be made via Email and The Design Hammock reserves the right to ignore any such request made in any other manner.
The parties choose the addresses where they will accept service of any notices/documents for all purposes (apart from as described in the previous clause 1) arising from this Agreement (domicilium citandi et executandi):
1. in the case of The Design Hammock, 33 2nd Street, Menlo Park, Pretoria, 0081, and
2. in the case of the Client, the address set out in the most recent service order agreed between the parties.
Either party may vary its given postal address or other contact details by notifying the other party in writing.
Any notice given in terms of this agreement must be in writing and any notice given by any party to another (“the addressee”) which:
1. is delivered by hand will be deemed to have been received by the addressee on the date of delivery; or
2. is transmitted by email will be deemed to have been received upon confirmation of receipt (not automated receipt) thereof by the addressee;
Despite the above:
1. any notice that The Design Hammock sends by email to an email account hosted on The Design Hammock system by the client will be deemed to have been received by the client on the date of transmission; and
2. if a written notice or communication is actually received by one of the parties from the other, this will be adequate written notice or communication to that party.

INTERPRETATION AND GENERAL

Whole agreement. This agreement is the whole of the agreement between the parties, and no document or statement not mentioned above will form part of it. Only a written variation, waiver or cancellation agreed to by both partied will be of any effect.
Applicable law and jurisdiction. The law of the Republic of South Africa will apply to this agreement, its interpretation and any matter or litigation relating to or arising from it, and the parties consent to the jurisdiction of the courts of Republic fo South Africa in this regard.
Survival. For the avoidance of doubt, any provision of this agreement that anticipates any right or duty extending beyond the termination or expiry of this agreement will survive the termination or expiry of this agreement and continue in full force and effect.
No indulgence. If one party chooses not to enforce any part of this agreement, that does not mean that the party cannot enforce that part at a later time. If any part of the agreement is found to be unenforceable, the rest will still be enforceable.
Representatives. The signatories hereto acting in representative capacities warrant that they are authorised to act in such capacities, and accept personal liability under this agreement should they prove not to be so authorised.
Reading down. If a provision of this agreement is reasonably capable of an interpretation which would make that provision valid and enforceable and an alternative interpretation that would make it void, illegal, invalid or otherwise unenforceable, then that provision shall be interpreted, so far as is possible to be limited and read down to the extent necessary to make it valid and enforceable.
Severance. In the event that any part of this agreement is found to be partially or fully unenforcable because it does not comply with any law, or for any other reason, this will not affect the application of enforcability of the remainder of this agreement

PRIVACY POLICY

To read more about how The Design Hammock handles data and information collected from you during the use of our website and/or services, please visit our Privacy Policy page.