These Terms and Conditions (“Terms”) govern your use of services provided under the Deasil brand, a trading name of Sierra Joe Holdings (Pty) Ltd (“we,” “us,” or “our”). By engaging Deasil for any service, you agree to these Terms.
1. Services Provided
Deasil offers a variety of digital services, including but not limited to:
- Domain registration and management
- Website development and maintenance
- Website hosting and email hosting
- E-commerce and e-learning platform development
- Custom web application development
- Server setup, configuration, and maintenance (including self-hosting, Linux, Windows, and network services)
- Logo design, branding, and related creative work
- Technical support and consulting
Any additional services requested by the Client will be subject to agreement in writing and may incur additional fees.
2. Quotes and Proposals
All quotes and proposals provided by Deasil are valid for 30 days unless otherwise stated. Acceptance of a quote constitutes agreement to these Terms.
3. Payment Terms
3.1 Billing and Payment
- Payments are due according to the schedule specified in your invoice or agreement.
- For subscription-based or recurring services (e.g., hosting, maintenance), fees are billed monthly or annually in advance.
- Project-based services may require deposits or milestone payments as agreed.
3.2 Accepted Payment Methods
- Payments may be made via Payfast, EFT, or other methods agreed upon in writing.
3.3 Non-Payment
- If payment is not received by the due date, Deasil reserves the right to suspend or terminate any services, including but not limited to website hosting, email hosting, and domain management.
- In the event of non-payment, Deasil may suspend access to your website, email services, or other digital assets until outstanding balances are settled.
- Additionally, Deasil reserves the right to publicly identify non-paying customers on a designated page of the Deasil website.
3.4 Conditional Ownership and Administrative Control
All digital assets, including but not limited to domain names, websites, email accounts, and hosting services, are managed and maintained by Deasil under accounts registered in Deasil’s name.
While the client retains contractual ownership of these assets upon full payment, Deasil retains administrative control for the duration of the service agreement. In the event that the client’s account falls into arrears:
- Deasil may suspend or revoke access to any or all digital assets.
- Deasil may take the website and/or associated services offline.
- Deasil reserves the right to display a notice on the client’s website indicating that services have been suspended due to non-payment.
- For the duration of the arrears period, Deasil shall assume full operational ownership and control of the affected assets.
- Full ownership and access will revert to the client upon receipt of all outstanding payments.
This clause is intended to protect Deasil’s rights to manage, safeguard, and control the use of services provided until payment obligations are met.
4. Domain Registration and Ownership
- Domains registered by Deasil on your behalf remain your property as long as all invoices are settled in full and the account remains in good standing.
- Failure to pay for domain renewal or related services may result in suspension or loss of the domain.
- Deasil is not responsible for any loss arising from expired domains due to non-payment.
5. Intellectual Property
- Upon full payment, Deasil grants you ownership of any custom website code, designs, and materials created for your project, unless otherwise specified.
- Pre-existing code, proprietary tools, or third-party assets used in your project remain the property of their respective owners and are licensed to you as necessary.
6. Client Responsibilities
- You agree to provide timely access to materials, content, credentials, and approvals necessary for Deasil to perform services.
- You are responsible for maintaining up-to-date contact and billing information.
7. Service Level and Support
- Deasil will use reasonable efforts to maintain the availability of your services but does not guarantee uninterrupted uptime.
- Support requests should be submitted via the official support channels provided (e.g., SupportGenix ticketing system).
- Response times may vary based on the nature of the issue.
8. Termination
Either party may terminate services by providing written notice:
- For subscription services: 30 days’ notice is required.
- For project work: Termination terms are defined in the project agreement.
Outstanding balances remain payable upon termination.
9. Limitation of Liability
- Deasil is not liable for indirect, incidental, or consequential damages, including but not limited to loss of revenue, data, or business opportunities.
- Total liability is limited to the amount you have paid for services in the preceding 12 months.
10. Governing Law
These Terms are governed by the laws of the Republic of South Africa. Any disputes arising under these Terms will be subject to the jurisdiction of South African courts.
11. Amendments
Deasil reserves the right to update these Terms at any time. Updates will be posted on our website. Continued use of our services after changes constitutes acceptance of the revised Terms.
12. Contact
If you have questions about these Terms, please contact us at:
Sierra Joe Holdings (Pty) Ltd t/a Deasil
info@deasil.co.za