Terms of Service
Last updated: December 26, 2024
1. Acceptance of Terms
By accessing and using the services provided by BMG Networks SA ("we," "our," "us," or "the Company"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use our services.
These Terms apply to all visitors, users, and others who access or use our services. By accessing or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of our services after any changes constitutes your acceptance of the updated Terms.
2. Services Description
BMG Networks SA provides professional web design, development, and hosting services through monthly subscription plans. Our services include:
- Website design and development
- Domain registration and management
- Web hosting and server management
- Email hosting services
- Website maintenance and updates
- Search engine optimization (SEO) services
- Google Ads campaign management
- E-commerce functionality (Platinum package)
The specific features and limitations of each service are detailed in the respective package descriptions and service level agreements.
3. Account Terms
Account Registration
To use our services, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with these account security obligations.
Account Responsibilities
- You must be at least 18 years old to create an account
- You must provide accurate and complete registration information
- You must maintain and promptly update your account information
- You are responsible for all activities that occur under your account
- You must not share your account credentials with others
- You must notify us immediately of any unauthorized account use
Account Suspension
We reserve the right to suspend or terminate your account at any time for violations of these Terms, non-payment, or any other reason we deem necessary to protect our services or other users.
4. Payment and Billing
Subscription Plans
Our services are offered through monthly subscription plans with the following pricing:
- Silver Package: R300 per month
- Gold Package: R500 per month
- Platinum Package: R1,500 per month
Payment Terms
- All subscription fees are billed monthly in advance
- Payment is due on the first day of each billing cycle
- We accept payment via credit card, debit card, or bank transfer
- All prices are quoted in South African Rand (ZAR) and include VAT where applicable
- Domain registration fees are included in subscription plans for .co.za domains
Late Payments
If payment is not received within 7 days of the due date, we may suspend your services. Accounts with payments overdue by 30 days may be terminated, and all associated data may be permanently deleted.
Refunds
Subscription fees are non-refundable except as required by law. We may provide refunds at our sole discretion for exceptional circumstances.
5. Domain Services
Domain Registration
We provide domain registration services for .co.za domains as part of our subscription plans. Domain registration is subject to availability and compliance with registry requirements.
You acknowledge that domain registration does not confer ownership rights but rather grants you a license to use the domain name for the registration period.
Domain Renewal
Domain renewals are automatically processed as long as your subscription remains active. If your subscription is terminated, domain renewal becomes your responsibility.
Domain Transfers
Domain transfers are subject to registry policies and may incur additional fees. We will assist with domain transfers upon request, provided all outstanding fees are paid.
6. Content and Intellectual Property
Your Content
You retain ownership of all content you provide to us for inclusion on your website. By providing content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display the content solely for the purpose of providing our services to you.
You represent and warrant that you have all necessary rights to the content you provide and that such content does not infringe upon the intellectual property rights of any third party.
Our Intellectual Property
All content, designs, code, and other materials created by BMG Networks SA remain our intellectual property unless otherwise agreed in writing. You receive a license to use these materials only as part of our services during your active subscription period.
Third-Party Content
Any third-party content, images, or materials used in your website must be properly licensed. You are responsible for ensuring all content complies with applicable copyright and trademark laws.
7. Prohibited Activities
You agree not to use our services for any of the following prohibited activities:
- Illegal, fraudulent, or unauthorized activities
- Distribution of malware, viruses, or harmful code
- Spam, phishing, or other deceptive practices
- Infringement of intellectual property rights
- Distribution of hate speech, violence, or discriminatory content
- Adult content or pornography
- Gambling or casino-related content
- Activities that violate South African laws or regulations
- Activities that may damage our reputation or services
- Resource-intensive activities that affect other users
We reserve the right to suspend or terminate services for any account found to be engaging in prohibited activities.
8. Termination
Termination by You
You may terminate your subscription at any time by providing 30 days written notice. No refunds will be provided for partial months or unused services.
Termination by Us
We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including but not limited to:
- Breach of these Terms of Service
- Non-payment of fees
- Illegal or unauthorized use of our services
- Activities that harm our services or reputation
- Violation of applicable laws or regulations
Effect of Termination
Upon termination of your account:
- Your right to use our services will immediately cease
- All data associated with your account may be permanently deleted
- Domain names may be released back to the registry
- Website files and content may be permanently removed
- Any outstanding fees become immediately due and payable
Sections that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
9. Limitation of Liability
To the maximum extent permitted by applicable law, BMG Networks SA, its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation:
- Loss of profits, revenue, or data
- Business interruption or loss of business opportunities
- Loss of goodwill or reputation
- Costs of procurement of substitute goods or services
- Personal injury or property damage
In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing or using our services in the 12 months preceding the claim.
This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage.
10. Warranty Disclaimer
Our services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. We do not warrant that:
- Our services will be uninterrupted, secure, or error-free
- The results obtained from using our services will be accurate or reliable
- The quality of our services will meet your expectations
- Any errors in our services will be corrected
- Our services will be compatible with all devices and browsers
- Your website will achieve specific search engine rankings
Any material downloaded or otherwise obtained through the use of our services is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
11. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions.
You agree to submit to the exclusive jurisdiction of the courts located in Johannesburg, South Africa, to resolve any legal matter arising from these Terms.
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Entire Agreement
These Terms constitute the entire agreement between you and BMG Networks SA regarding the use of our services and supersede all prior agreements and understandings, whether written or oral.