Terms of Service Agreement

Important aspects for terms of service and subscription to service:

IMPORTANT NOTICE:

This document serves as a Terms of Service agreement and legally binding contract to any and all users or clients for the services rendered by Eyfriend Studio. Should any of the statements herewith stated be broken or not be followed with due diligence, legal action may be taken against all guilty parties involved including Eyfriend Studio.

GLOSSARY:

Client: The person that opted in for the services provided by Eyfriend Studio.

Validation of Contract: Once a client has completed and sent through a custom generated subscription form for a specific package from the Eyfriend Studio website, and a quote has been sent back to the client from Eyfriend Studio and the client accepts this quote in writing/email, only then will this contract be valid and the client automatically accepts this terms of services agreement.

When is this contract valid: Once a client has been sent an quote from the Eyfriend Studio website, the client automatically accepts these terms of services document and this document will remain valid throughout the design process.

1. 1. All the data submitted by the client upon submitting any form on the Eyfriend Studio website will always stay private, unless otherwise stipulated under agreement between Eyfriend Studio and its clients. Any user data will be removed by the request of the user.
2. Once off or subscription payments
   1. Once a client has accepted a quote as sent through by Eyfriend Studio via written word or by email, (this includes the once off payment plan or subscription payment plan, the clients is liable to pay for the services rendered as stipulated in by the service package. This payment should only happen after the client has accepted the quote and only after the required designs have been completed).
3. Failure to pay and consequences
   1. Failure to pay within 30 days of required payment date would lead to website deactivation and a notice of deactivation will be sent to the client. An additional 30 days after website deactivation and notice of deactivation without payments will lead to the dismissal and deletion of the site and all its contents including its domain name.
   2. Eyfriend Studio will not be liable for the loss of content.
4. Intellectual property of site content and website infrastructure (DNS and Server)
   1. Anything hosted by Eyfriend Studio, domain, website design and other related designs, belongs to Eyfriend Studiountil an agreement is made between Webvite with regards to buying the domain from webvite and the client has moved hosting and services over to his personal hosting provider.
   2.  When a client requests a migration, and an agreement has been made between Eyfriend Studio and the Client, he/she will receive the following:
      1. The Domain name
      2. The website that has been design on this domain name
      3. All design files for the logos or business cards and any other designs(once off extras) as requested by the clients stipulated within their initial quote or requested after the initial quote.
   1. If the clients cannot provide his own hosting platform or company, or does not know how to implement a proper takeover of all purchased content designed by Eyfriend Studio, a small service fee will be charged to the client to assist with the takeover of the above mentioned content.
5. Subscription fees
   1. If a client chooses a subscription-based package, Eyfriend Studio will offer the following, nothing more, and nothing less:
      1. Web hosting
      2. A domain name of the users choosing
      3. A custom logo design
      4. A custom business card (To be printed by client’s own capacity, unless otherwise stated).
      5. Any additional designs as requested throughout subscription/once off form software
      6. A static WordPress business/retail website, web-blog, online-store, online cv or cv/and portfolio
   1. Any additional requests from client that is not included in the above-mentioned list with incur additional charges.
6. Once off packages:
   1. A client should present their own hosting services that incur monthly payments on the client’s own accord.
   2. If a client is unsure on how to set up his own hosting services, Eyfriend Studio can assist with this for an additional service fee.
   3. Once the client’s site and designs have been completed the following will be given to the client:
      1. The design files for any and all designs done by Eyfriend Studio.
      2. The website design on the clients hosting services.
      3. Any and all other additional services requested by the client.
7. Cancelation of subscription:
   1. If a client decides to cancel his subscription and would like to migrate his/her website and other designs done by Eyfriend Studio, the client will need to pay a once off administration fee for packaging up their website and offer Eyfriend Studio a hosting provider to migrate the clients website to (If a client does not know how to set up a hosting services, Eyfriend Studio can assist with the migration for an additional service fee), it the client does not have a hosting package and would like to organize hosting for their site personally, we will send they the website content and their domain and hosting will be discontinued.
   2. If a client cancels his subscription without the intent of paying off the remainder of their subscription, legal action will be taken, and the website and other relevant designs created by Eyfriend Studio will be deleted from Eyfriend Studios 3^rd party hosting provider.
8. After domain migration to client:
   1. Any and all content added to websites that have been migrated over to a client’s personal hosting provider will be the sole property and responsibility of the client, this includes incriminating content that goes against any state laws and regulations. (Should a previous client of Eyfriend Studio/Webvite get involved in criminal activities or goes on to break state/governmental laws on a site that has previously been designed by Eyfriend Studio, will be that of the owner of the site, and Eyfriend Studio will not be liable for any involvement of said practices).
9. Unlawful Requests of Service
   1. Eyfriend Studio will be able to declare this contract non void should a client request anything that consists of the following:             
      1. Illegal products or practices
      2. Discrimination against;
         1. Race, sexual orientation, etc.
         2. Anything that could be considered illegal in any state, country or region where the services or product is being sold or marketed.
10. POPI Act of 2013 and user data privacy
    1. Eyfriend studio fully supports the POPI Act and declares that any and all data and information submitted by the client will strictly be kept confidential by Eyfriend Studio unless the following occurs:
       1. A client’s information has been stolen by a third-party that has gained unlawful access to the Eyfriend Studio database or client data storage facilities.
       2. A migrated used website has been hacked or compromised by unlawful third-party actors.
       3. Or a client has unsuccessfully secured his own personal data and was the leading cause of private and confidential user data being stolen.
       4. Even though Eyfriend Studio implements the usage of up to date security on all of our client’s personal data, Eyfriend Studio is not liable for any user data being stolen by any other criminal third party.
       5. If a user desires his personal data to be removed from our databases Eyfriend Studio will make sure all traces of user related information will be removed from our databases with immediate effect.