Terms of Use and Privacy Policy

ACCEPTANCE

Website creation, website maintenance, web development and consulting are services offered by Jubez Digital (Pty) Ltd, referred to below as the “Company”. By using the Company website and free or paid services (the “Services”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”) and the following Privacy Policy. If you do not agree to these Terms of Service, or any modification thereto, or become dissatisfied with the Company in any way, then please discontinue use of the Services.

The Terms of Service may be revised periodically and this will be reflected by the Last Updated date at the top of the Terms of Service. Please revisit this page to stay aware of any changes. Your continued use of the Services constitutes your agreement to the Terms of Service and any future revisions.

AGE LIMITS

You must be 13 years and older to use the Services. By using the Services you hereby represent that you are at least 13 years old.

OUR ABILITY TO CONTACT YOU

By using the Services and providing us with your email address you are allowing us to contact you in connection with the Services and in order to provide the Services to you. We make every effort to avoid sending any unwanted email and we provide several mechanisms for you to request that we stop emailing you. Please use our contact form if you are still receiving emails from us and would like us to stop contacting you.

LIMITATIONS OF LIABILITY

We offer our “Services” as-is and do not guarantee that it is fit for any purpose. While we strive to maintain the highest quality in both our service and products, if the service causes loss of access to your website or damages your website or business in any way, the Company and it’s officers can not be held liable.

SERVICES

We reserve the right to modify the Services and prices of the Services offered at anytime on our website. Any continued use of the Services after such changes have been made shall be deemed to constitute acceptance of such changes. We reserve the right to cancel your Services at any time. We also reserve the right to cancel your Services and terminate your Services immediately, without notice, in the event that you breach any provision of this Terms of Service or any other terms that apply to your Services.

WORDPRESS MAINTENANCE & SECURITY

When a WordPress theme, plugin or the WordPress core is updated and it causes a website to malfunction or to be incorrectly formatted in some way, this is referred to hereafter as a “breaking update”.

While every precaution will be taken to ensure that no “breaking update” is implemented on a live website, in the unlikely event that a client discovers a problem on their site, and it is proven that the problem was as a result of an update that was performed as part of the “Services”, the Company and it’s officers cannot be held liable for any loss or damage caused of any kind whatsoever. The Company will however commit to fixing the problem within a maximum of 2 working days free of charge. A working day constitutes any day except Saturday, Sunday and public holidays.

In the event that “breaking updates” are found when testing updates on the test/sandbox environment, the client will be presented with the following options if the problem is caused by a WordPress theme or plugin:

  • Wait until the next month’s updates to see if the theme/plugin developer releases a fix for the problem.
  • Commission the Company to contact the theme/plugin developer to notify them of the problem and ask them to investigate it on the sandbox/test version of the website at the Company’s standard hourly rate, whatever that is at the time of commissioning.
  • Disable the plugin that is causing the problem (only an option if the plugin is not critical to the functioning of the website and we offer this as a recommendation. This also only applies to certain plugins and not themes. Themes cannot be disabled because this would cause the website to look completely different and could potentially cause major formatting problems).

If the problem is caused by an update to the WordPress core we will have no choice but to leave the live site on the version of WordPress that is not “broken” and wait for an update to be released. The fixed update will then be implemented during the first monthly maintenance cycle that occurs after the WordPress core update is released by Automattic.

We cannot be held liable for any loss or damage of any kind whatsoever caused, in the unlikely event that a website we maintain is hacked, and restoration of a hacked website will be charged at an hourly rate of R900.00/hour. However, if the “Comprehensive” maintenance subscription is purchased and your website is hacked, the website will be restored free of charge.

3RD PARTY WEBSITES

The Services may contain links to third party websites that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, the Company will not and cannot censor or edit the content of any third-party site. By using the Services, you expressly relieve the Company from any and all liability arising from your use of any third-party website. Accordingly, the Company encourages you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each other website that you visit.

INTELLECTUAL PROPERTY RIGHTS

The content on this website, except all User Content, including and without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein are owned by or licensed to the Company, subject to copyright and other intellectual property rights under South African and foreign laws and international conventions. All trademarks not owned by the Company or its subsidiaries that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company or its subsidiaries.

Content on the Services is provided to you AS IS for your information and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. The Company reserves all rights not expressly granted in and to the Services and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through the Services for any commercial purposes. If you download or print a copy of the Content, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein.

WEBSITE INFORMATION AND SERVICE

You agree not to collect or harvest any personally identifiable information from the Services, nor to use the communication systems provided by the Services for any spamming purposes. You agree not to collect or harvest, for commercial purposes, any users of the Services.
You agree not to use the Services for any illegal or unauthorised purpose. International users agree to comply with all local laws regarding online conduct and acceptable content. You agree not to violate any laws in your jurisdiction including but not limited to copyright laws when using the Services.

JURISDICTION

The Services are controlled and offered by the Company from its facilities in South Africa. These Terms of Service shall be governed by the laws of South Africa, without reference to conflicts of laws principles. Any dispute arising from these terms or the use of the Services shall be resolved exclusively in the courts located in South Africa, and you agree to the exclusive jurisdiction of and venue in such courts.
The Company makes no representations that the Services are appropriate or available for use in other locations outside of South Africa. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

DISCLAIMER OF WARRANTIES

You agree that use of the services, data, user content and/or content is entirely at your own risk. The services, data user content and content are provided on an “as-is” and “as-available” basis, without warranty or condition of any kind, either express or implied. Without limiting the foregoing and to the fullest extent permitted by the law, the Company explicitly disclaims any warranties or merchantability, fitness for a particular purpose, quiet enjoyment, and non-infringement of proprietary rights. The Company makes no warranty that the services, data, user content and content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. The Company makes no warranty regarding the timelines, accuracy, performance, quality, truth, completeness or reliability of the services, data, user content and content. The Company disclaims any warranties for other services or goods received through or advertised on the services, data, user content and content, or accessed through any links on the services. To the fullest extent permitted by the law, the Company disclaims any warranties for viruses or other harmful components in connection with the services, data, user content or content. No advice or information, whether oral or written, obtained through the Company or through the services, data, user content and/or content, will create any warranty not expressly made herein.

LIMITATION OF LIABILITY

In no event shall the Company, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (I) errors, mistakes, or inaccuracies of the services, data, user content or content, (II) personal injury or property damage, of any nature, whatsoever, resulting from your access to and use of the services, (III) any unauthorised access to or use of the secure servers and/or any and all personal information stored, therein, (IV) any interruption or cessation of transmission to or from the services, (V) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the services by any third party, and/or (VI) any errors or omissions in services, data user content or content or for any loss or damage of any kind incurred as a result of your use of any services, data, user content, or content posted, emailed, transmitted, or otherwise made available via the services, whether based on the warranty, contract, tort, or any other legal theory, and whether or not the Company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by the law in the applicable jurisdiction. You specifically acknowledge that the Company shall not be liable for user content or the defamatory, offensive, or illegal conduct of any third party that the risk of harm or damage from the foregoing rests entirely with you. The Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services or any hyperlinked website or featured in any banner or other advertising, and the Company will not be party to or in any way be responsible for monitoring any transaction between you and the third-party providers of products or services.

INDEMNITY

You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Services.

GENERAL

In the event that any provision in these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and effect. The failure of the Company to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.
Your use of the Services indicates your acceptance of these Terms of Service. If you do not agree to be bound by these terms, please do not use the Services.
If you have any questions or comments in regards to these Terms of Service, please contact webmaster@jubezdigital.com.

PRIVACY NOTICE

Last updated on 3 January 2017

The Company understands your privacy is important. As described in this Privacy Policy, the Company website and free & paid services (the “Services”) have been designed to protect information about you from unauthorised disclosure to others. This Privacy Policy explains how the Company collects, uses and, in certain circumstances, shares your information when you use the Services.

By using the Services, you explicitly consent to the collection and use of your information as outlined in this Privacy Policy.

1. AUTOMATIC INFORMATION

When you use the Services, statistics about your website visitors are automatically collected. The Company monitors statistics such as how many people visit your website, the visitor’s IP address, pages visited, entry and exit points, from which domains visitors come and browser types. This data is used to provide the Services. This non-personally-identifiable information may be shared with third-parties to provide more relevant services and advertisements to users and visitors of the Services.

2. COOKIES

A “cookie” is a piece of data the Services transfer to your computer that identifies you as a unique user. Cookies enable the Services to recognise your browser and to provide features such as customisation. The Services use cookies to improve the quality of the service and make the service easier to use for users. In order to provide you a seamless experience during a particular session, the Services store information about that session in cookies.
You can edit your browser options to prevent your browser from accepting new cookies or to notify you when you receive a new cookie. If you do not accept cookies, however, some features of the Services may not function properly.

3. SHARING INFORMATION

Some of your information is visible to other users. The Services may use third parties to offer other or enhanced Services. Except as described in this privacy policy, you will be notified when your information may be shared with third parties and be able to opt-out of sharing your information.
You understand and agree that the Company may access, preserve, and disclose your information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to avoid liability, to comply with legal process, such as a search warrant, subpoena, statute, or court order, or to protect the Company rights and property, or that of the Company affiliates or the public.
In the event that the Services are acquired by or merged with a third party entity, the Company reserves the right, in any of these circumstances, to transfer or assign the information collected from the Services as part of such merger, acquisition, sale, or other change of control. In the unlikely event of bankruptcy, insolvency, reorganisation, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, the Company may not be able to control how your information is treated, transferred, or used.

4. THIRD-PARTY COMPANIES

The Company may allow other companies to serve advertisements within the Services. These third-party companies use technology to send, directly to your browser, the advertisements and links that appear within the Services. They may automatically receive your IP address when this happens. They may also use other technologies such as cookies or JavaScript to measure the effectiveness of their advertisements and to personalise the advertising content you see.
The Services do not provide any personally identifiable information to these advertising companies without your consent or except as part of a specific program or feature for which you will have the ability to opt-in and/or opt-out. However, please note that if an advertiser asks the Services to show an advertisement to a certain audience, for example, travelers based in South Africa, and you respond to that advertisement, the Company may conclude that you fit the description of the audience they are trying to reach. The advertiser may also use information regarding your use of the Services; such as the number of times you viewed an ad but not any personally identifiable information, to determine which ads to deliver to you.
This privacy policy does not apply to, and the Company cannot control the activities of, such advertisers or web sites.
The Services may contain links to other websites. Please be aware that the Company is not responsible for the privacy practices of other websites. The Company encourages users to be aware when they leave the Services and to read the privacy statements of each and every website that collects personally identifiable information to learn more about their information practices.
Information collected through the Services may be stored and processed in any country in which the Company maintains facilities. Consequently, the Company has the right to transfer information outside of your country. Therefore, you acknowledge and consent to the sharing of your information with the Company and Company-related entities worldwide.

5. SECURITY

The Services use industry standard security measures to protect your information so that it is not made available to unauthorised parties. The Company cannot, however, ensure or warrant the security of any information transmitted to the Services and you do so at your own risk.
Unauthorised entry or use, hardware or software failure, and other factors may compromise the security of your information at any time so please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of the Service’s physical, technical, or managerial safeguards.
The Company may use outside companies to display ads on the Services and these ads may contain cookies collected by the ad companies. The Company does not have access to this information. Also, data transmission over the Internet cannot be guaranteed to be totally secure. Therefore, although the Company takes measures, such as those described in this Privacy Policy, to protect your information, the Company cannot warrant the security of information collected. Accordingly, you agree that you are providing such information at your own risk.

6. INTERNATIONAL USERS

The systems of the Services are hosted in South Africa and the United States. If you are a user accessing the Services from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from South African or United States laws, please be advised that through your continued use of the Services, which is governed by South African, this Privacy Notice, and these Terms of Service, you are transferring your information to the South Africa and you consent to that transfer.

7. CHANGES AND UPDATES TO THIS PRIVACY NOTICE

This Privacy Notice may be revised periodically and this will be reflected by the Last Updated date at the top of this Privacy Notice. Please revisit this page to stay aware of any changes. Your continued use of the Services constitutes your agreement to this Privacy Notice and any future revisions.

ACCEPTANCE OF TERMS

By using this site you acknowledge and agree to the terms of this Privacy Policy. If you disagree with any term or condition in this Privacy Policy, please do not use the Services.
If you have any questions about this privacy statement, please contact webmaster@jubezdigital.com.