Terms & Conditions
1. You agree to provide 3MoonsOnline with true and correct information in order to provide service to you and give 3MoonsOnline permission to process your personal information.
1.1 The Client confirms that all statements made to 3MoonsOnline are true and correct. 3MoonsOnline reserves the right to request proof of any facts or claims. The Client also commits to providing 3MoonsOnline with necessary information required in the provision of the selected Services, and (where applicable) consent to the 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.
1.2 The Client (or the Client’s agent) certifies that the Client is above the age of 18 years, has full contractual capacity and (in the case of an agent) is duly authorised by the Client to contract on the Client’s behalf.
1.3 The Service Order(s) and this Agreement, the Services or the interpretation of 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.
1.4 If the Client or its staff engages in behaviour that is a contravention of the Acceptable Use Policy or may be considered offensive to 3MoonsOnline or its staff, 3MoonsOnline reserves the right to suspend or terminate the Client’s Services, irrespective of the form and medium of this abuse.
1.5 In the event that any of the terms of this document are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.
1.6 3MoonsOnline reserves the right to remove any content hosted by a Client which it considers illegal or contrary to the AUP or for which it has received a takedown notice.
2. You agree that these terms may change and that you will check regularly for changes on the 3MoonsOnline website.
2.1 3MoonsOnline may amend the General Terms and Service Terms at any time. 3MoonsOnline will as soon as possible after posting the amendments make reasonable efforts to advise the Client of them by email. The Client also has a duty to keep itself informed of the latest version of the documents by accessing the 3MoonsOnline Website on a regular basis.
2.2 3MoonsOnline must give at least one calendar month’s notice for the amendments, which will become effective at the beginning of the first calendar month after the notice period has expired.
2.3 If the Client objects to any of amendment, it may terminate the Agreement, and the termination will become effective at the end of the normal notice period.
2 .4 If 3MoonsOnline changes its Fees, the change must take place as described in this clause.
3. You agree that abusive behaviour towards 3MoonsOnline’s staff or brand will not be tolerated.
3.1 Clients will be held accountable for their conduct towards 3MoonsOnline staff and in the public domain with regard to allegations or malicious conduct directed towards 3MoonsOnline or its staff.
3.2 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 3MoonsOnline or its staff will be deemed abusive and will not be tolerated. Such conduct may constitute an AUP violation and 3MoonsOnline reserves the right to suspend or terminate Services to a Client in such cases.
3.3 Clients using public platforms to spread libel, false allegations, unreasonably or maliciously diminish the reputation or public perception of the 3MoonsOnline brand (or its staff) may have their Services suspended or terminated, depending the severity and circumstances of the incident(s), and may also be regarded as contrary to the AUP.
4. You agree that you will ensure that you choose and be responsible for the products that suit your needs.
4.1 3MoonsOnline will not be liable for compensation, costs or damages resulting from incorrect selection of products or services, or resultant delays in rectifying such errors.
4.2 Sign-up for products and services is subject to the cooling-off period described in section 44 of the Electronic Communications and Transactions Act (“the ECT Act”).
4.3 3MoonsOnline provides Services on the basis of information provided by the Client, and 3MoonsOnline offers no warranty as to the suitability of the Services beyond the requirements as expressed by the Client.
4.4 3MoonsOnline reserves the right to stop offering particular Services if it deems it necessary. 3MoonsOnline 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.
5. You agree that failing to pay your 3MoonsOnline account on time may lead to account termination and/or administrative fees and possible reconnection fees.
5.1 3MoonsOnline reserves 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.
5.2 3MoonsOnline only accepts EFT payments for month to month services, and will only accept alternative payment under specific circumstances and only by prior arrangement at 3MoonsOnline’s discretion.
5.3 3MoonsOnline will not accept any liability or responsibility for delays, suspensions or impact to Services due to use of non-approved payment methods by Clients.
5.4 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. 3MoonsOnline retains the right to suspend any Services for non-payment, and to withhold such Services until all arrears are settled in full on any and all products and Services.
5.5 Services which have been suspended for non-payment of Fees will remain suspended until payment has been made.
5.6 If the Client’s Services are suspended or terminated for any reason, including non-payment, 3MoonsOnline may charge a Reconnection Fee. Reconnection Fees are payable in full before any services can be reactivated, once suspended. 3MoonsOnline may charge multiple reconnections Fees where multiple products are affected, and may charge “escalating” penalties for repeated non-payment offences. Any prior leniency shown in this regard will not prejudice 3MoonsOnline’s right to enforce such penalties in full at any time (within their discretion).
5.7 Reconnection of Services may be subject to a waiting period of up to 72 hours, at 3MoonsOnline’s discretion, regardless of when payment is received or cleared, In cases of suspension of Services due to non-payment
5.8 In the case of billing disputes, the onus is upon the Client to raise such disputes in good time through emailing Design@3moonsonline.co.za 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 3MoonsOnline’s discretion.
5.9 3MoonsOnline reserves the right to terminate services where a Client has shown a 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 3MoonsOnline’s discretion and may vary. The means and terms of termination will be determined at 3MoonsOnline’s discretion. Notice of termination will be provided to the best of 3MoonsOnline’s ability, but 3MoonsOnline 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.
5.10 3MoonsOnline reserves the right to effect suspension if:
5.10.1 Any part of the Client’s Fees are not paid in full when due; or
5.10.2 The information the Client supplied to 3MoonsOnline is found to be incorrect or false;
5.10.3 3MoonsOnline reasonably thinks that the Client’s use of the Services may result in the commission of a crime or is otherwise unlawful.
3MoonsOnline reserves the right of termination without notice, depending on the severity of the breach, but will undertake to inform Clients where possible. Upon such suspension or termination.
6. You agree that either yourself or 3MoonsOnline may cancel this contract by giving the other notice
The Client must give notice of termination to 3MoonsOnline via email at email@example.com.
7. You limit 3MoonsOnlinet’s liability and indemnify 3MoonsOnline for various acts or omissions.
8. Website Design
8.1 Confidentiality. During the course of this Agreement, it may be necessary for
Client to share proprietary information, including trade secrets, industry
knowledge, and other confidential information, to Designer in order for Designer
to complete the Website in its final form. Designer will not share any of this
proprietary information at any time, even after the Agreement is fulfilled.
Designer also will not use any of this proprietary information for his/her personal
benefit at any time, even after the Agreement is fulfilled.
8.2 Ownership Rights. Client continues to own any and all proprietary information
it shares with Designer during the term of this Agreement for the purposes of the
Project. Designer has no rights to this proprietary information and may not use it
except to complete the Project. Upon completion of the Agreement, Client will
own the final website design.
While Designer will customize Client‟s Website to Client‟s specifications, Client
recognizes that websites generally have a common structure and basis. Designer
continues to own any and all template designs it may have created prior to this
Agreement. Designer will further own any template designs it may create as a
result of this Agreement.
8.3 Representations and Warranties.
Designer. Designer represents and warrants that he/she has the right to enter
into and perform this Agreement. Designer further represents and warrants that
he/she has the right to utilize and distribute the designs created for Client and
that such designs are not owned by anyone else to Designer‟s knowledge. In the
event that Designer does not have these rights, Designer will repay any
associated damages Client may experience or will take responsibility so that
Client does not experience any damages.
Client. Client represents and warrants that is has the rights to use any
proprietary information, including, but not limited to trade secrets, trademarks,
logos, copyrights, images, data, figures, content, and the like that it may provide
to Designer to be included in this Website. In the event that Client does not have
these rights, Client will repay any associated damages Designer may experience
or will take responsibility so that Designer does not experience any damages.
8.4 Disclaimer of Warranties. Designer shall create a Website for Client‟s
purposes and to Client‟s specifications. DESIGNER DOES NOT REPRESENT OR
WARRANT THAT SAID WEBSITE WILL CREATE ANY ADDITIONAL PROFITS,
SALES, EXPOSURE, BRAND RECOGNITION, OR THE LIKE. DESIGNER HAS NO
RESPONSIBILITY TO CLIENT IF THE WEBSITE DOES NOT LEAD TO CLIENT‟S
8.5 Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE
LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY DAMAGES
RESULTING FROM ANY PART OF THIS AGREEMENT SUCH AS, BUT NOT
LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS,
COSTS OF DELAY OR FAILURE OF DELIVERY.
8.6 Legal Fees. In the event of a dispute resulting in legal action, the successful
party will be entitled to its legal fees, including, but not limited to its attorneys‟
9. Legal and Binding Agreement. This Agreement is legal and binding between
the Parties as soon as the clients accepts and pays for their desired service. This Agreement may be entered into and is legal in South Africa. The Parties each
represent that they have the authority to enter into this Agreement.
We dislike ‘Terms and Conditions’ as much as you do. Unfortunately they are a reality and a part of business, so we’ll try and keep them as straightforward as possible.
The purpose of these terms is to protect both you and us. It’s our best attempt to clear up any issues that may cause problems later. If you have any questions regarding these terms please email us at firstname.lastname@example.org and we will clarify the situation for you!
We have tried to include everything that we think is appropriate here. Occasionally there are some things that we add to this page. Please be sure to visit this page on a regular basis if you wish to see the latest Terms and Conditions.
Updated on 02/03/2022