- Acceptance of Terms
Welcome to Big Bay Designs. Big Bay Designs provides its service to you, subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS. In addition, when using particular Big Bay Designs services, you and Big Bay Designs shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
- Description Of Service
Big Bay Designs currently provides users with access to a rich collection of online resources including various communications tools, online forums, shopping services, personalized content and branded programming through its network of properties (the “Service”). Unless stated otherwise, any new features that augment or enhance the current Service, including the release of new Big Bay Designs properties, shall be subject to the TOS. You understand and agree that the Service is provided as is and that Big Bay Designs assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communications or personalization settings.
- Your Registration Obligations
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Big Bay Designs has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Big Bay Designs has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
- Member Account, Password & Security
You will receive a password and account designation upon completion of the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Big Bay Designs of any unauthorized use of your password, account or any other breach of security.
- Payment Of Account
All Big Bay Designs services are invoiced in advance on the 1st of each month for the following month. When initially signing up, you will be invoiced for the current month and ahead for the next month. All transactions will be processed in South African Rands (ZAR). Accounts must be paid by the 26th of each month to avoid accounts being suspended and thereafter deleted. Payments can be made via Credit card via the website or EFT. If using EFT, please use our account ID as the reference when making payment.
Big Bay Designs reserves the right to cancel a subscription at any time due to non-payment of an account. Big Bay Designs will charge an administration fee for any late payment. Non-payment of your account will lead to your services being suspended for 30 days, after which it will be permanently removed from our systems. Once services are removed, there is no recovering it and you will need to re-apply for new services.
Please note we do not monitor service usage and it is therefore the client’s responsibility to give notice of cancellation in the due time required. All services will be renewed monthly until such a time as a cancellation request is received.
Please note all statements, account correspondence and product/marketing correspondence is sent via email to the specified statement email address as specified by you on your completed registration form. We do not send statements via post. Please ensure that you are receiving your statements sent on the 1st day of every month and if this is not the case, please contact us to advise us of the correct email address to use for correspondence purposes.
- Abusive Behaviour
- Absolutely no abusive behaviour will be tolerated either via the Internet, email facility or directly with the staff members of Big Bay Designs.
Upon the decision by management to cancel the account as a result of abusive behaviour, the remainder of the subscription for the period paid, will be refunded to the client.
- You acknowledge that, Big Bay Designs reserves the right, and will take necessary steps, to prevent improper or excessive usage thereof, that may cause other customers to have unfair and unequal use of the service and to protect the integrity of the network.
The action that Big Bay Designs may take includes, but is not limited to:
- Limiting throughput;
- Preventing or limiting service through specific ports or communication protocols; and/or
- Complete termination of service to customers who grossly abuse the network through improper or excessive usage.
Should the above occur, Big Bay Designs reserves the right to:
- Charge the offending parties for administrative costs as well as for any legal fees incurred should any arise.
- Absolutely no abusive behaviour will be tolerated either via the Internet, email facility or directly with the staff members of Big Bay Designs.
- Hacking Activity
People found responsible for hacking, which includes any attempt to break into another computer or port scans will have their accounts suspended immediately. Big Bay Designs does not tolerate hacking of any sorts, and will assist the necessary authorities if an investigation is prompted.
- Member Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Big Bay Designs, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Big Bay Designs does not control the Content posted via the Service and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Big Bay Designs be liable in any way for any Content including, but not limited to, any errors or omissions in the Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Big Bay Designs official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- interfere with or disrupt the Service, servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law;
- or otherwise harass another; or
- collect or store personal data about other users.
You acknowledge that Big Bay Designs does not pre-screen Content, but that Big Bay Designs and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Big Bay Designs and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Big Bay Designs or submitted to Big Bay Designs.
You acknowledge and agree that Big Bay Designs may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Big Bay Designs, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- Special Admonitions for International Use
Recognising the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
You agree to indemnify and hold Big Bay Designs, its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
- No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
- Modifications to Service
Big Bay Designs reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Big Bay Designs shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Big Bay Designs, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Big Bay Designs believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Big Bay Designs may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be affected without prior notice, and acknowledge and agree that Big Bay Designs may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Big Bay Designs shall not be liable to you or any third-party for any termination of your access to the Service.
- Dealing with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Big Bay Designs shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Big Bay Designs has no control over such sites and resources, you acknowledge and agree that Big Bay Designs is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Big Bay Designs shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Please report any violations of the TOS to Big Bay Designs.
- Cancellation of Services
We require a 30-day calendar months’ notice of intent to cancel any of the services you have requested. Please contact us for a cancellation form to be sent to you, either by email or fax. The cancellation will only be deemed accepted once we have confirmed that we have received your cancellation form, up until that time you will be charged as normal for services rendered, whether you are indeed making use of our services or not.
- In the event that a Hardware Device is provided to you by Big Bay Designs, it will be subject to a manufacturer’s warranty.
- It is your responsibility to make sure that you read and understand the warranty provided on your Hardware Device and you hereby indemnify Big Bay Designs against all costs and any claim whatsoever arising from your failure to comply with the manufacturer’s warranty.
- In the event that you need to return the Hardware Device to possible faults on it, it is a carry-in and collect warranty, unless otherwise stated. i.e., You will be liable to return the Hardware Device to Big Bay Designs at your own expense. Same applies with collection.
- Should Big Bay Designs, in its sole discretion, exchange any Hardware Device, and the manufacturer then establish that any fault or damage to the Hardware Device was caused by you, or is not covered under the warranty, you will be billed for such replacement for Hardware Device.
In the event that a Hardware Device is provided to you by Big Bay Designs, all risk of loss and/or destruction of the Hardware Device shall be retained by you at all times. You shall be responsible for ensuring the safety of the Hardware Device and shall ensure that the Hardware Device is insured against loss and destruction for the usual causes arising, and shall be liable for the replacement costs of
the Hardware Device in the event of any loss or destruction thereof.
- Web Design
A 50% Deposit is required upfront before development will begin.
Any additional requirements, after the original accepted quote, may result in additional invoicing over and above the original quote. An amended quote will be submitted to the client and on approval the additions will be actioned.
Once complete, the client will be required to sign off that the project is now complete.
Any additional changes after the sign off will be quoted and invoiced at standard web development rates, or according to any maintenance services purchased.
- Linux Shared Hosting
Free co.za offer – One Free co.za domain registration / transfer with each new Linux Shared Hosting package ordered.
Big Bay Designs will cover the costs of the initial new co.za domain registration / transfer. Should the client wish to cancel or transfer their domain within the first 6 months of signup, they will be invoiced for the full registration of R95. Should the client fail to pay their monthly hosting subscription during the first 6 months of signup, they will be invoiced for the registration costs.
Regular invoicing will continue, on the anniversary of the start date, for the annual renewal of the domain and continue until such a time as the client chooses to cancel / transfer their service.
Abuse of this promotion will result in the immediate termination of the clients account and the client will be held liable for any costs incurred by Big Bay Designs.
Last updated: 21 October 2021