Terms & Conditions

Durban Website Design is the website design company of, and is affiliated with, Squirrel Media. Website design, development, maintenance and Rent-a-Website services offered on durbanwebsitedesign.co.za are provided by Durban Website Design together with Squirrel Media.

• These Terms and Conditions apply to all services ordered through this website. Squirrel Media’s Terms and Conditions also apply in full, and the same terms apply to you as to any Squirrel Media client.
• Where these terms refer to “Squirrel Media”, “Durban Website Design”, “we”, “us” or “our”, they mean Durban Website Design and Squirrel Media.
• If anything in these terms conflicts with Squirrel Media’s Terms and Conditions, the provision that gives the Client the most protection under South African law applies; otherwise, the more specific provision applies.

Our Privacy Policy forms part of our Terms and Conditions of service, and all clients agree to be bound by its provisions and requirements.

Our Client Data Processing Agreement forms part our Terms and Conditions of service, and all clients agree to be bound by its provisions and requirements.

By completing and submitting our online registration form, you confirm that you have read, understood, and accepted our Terms and Conditions of Service, as published on our website and as may be updated from time to time. Your submission constitutes your explicit agreement to be bound by these Terms and Conditions, which shall govern all services provided by the Company.

MODIFICATIONS TO TERMS

Squirrel Media may update / Modify these Terms at any time. Continued use of services constitutes acceptance of the updated terms.
You further acknowledge that this acceptance creates a valid and legally binding agreement between yourself and the Company and that no physical signature is required for such agreement to be effective. Continued use of our services shall be deemed ongoing acceptance of these Terms and Conditions.

In these Terms and Conditions, unless the context indicates otherwise:

• “Squirrel Media”, “we”, “us”, “our”, “the Host” or “the Company” means Squirrel Media (also trading as Squirrel Hosting), including its owners, employees, agents and subcontractors;
• “Client” or “you” means any person or entity that registers for, orders, pays for or uses any of our Services, and includes anyone acting on the Client’s behalf;
• “Services” means all web hosting, email hosting, DNS hosting, domain registration, backup, website design and development, website rental, website maintenance, migration, IT support and any related product or service supplied by Squirrel Media;
• “Client Area” means the client portal at my.squirrelmedia.co.za;
• “Hosting Account” means the cPanel account(s) and associated resources allocated to the Client;
• “Website Rental” means a website designed and built by Squirrel Media that the Client rents for a monthly fee under the Website Rentals clauses, and that remains the property of Squirrel Media;
• “Content” means all files, websites, databases, emails, code, images and other material stored on, or transmitted through, the Services by or for the Client.

These Terms and Conditions, our Privacy Policy, our Client Data Processing Agreement and any quotation or invoice we issue together form the agreement between you and Squirrel Media. If they conflict, a separate agreement signed by both parties takes precedence, then the quotation or invoice, then these Terms and Conditions.

Headings are for convenience only and do not affect interpretation. Words in the singular include the plural and vice versa. “Including” means “including, without limitation”.

1. Annual Price Adjustments

1.1. Squirrel Media reserves the right to review and adjust its pricing annually.
1.2. Any price increases will be communicated to the Client with reasonable notice, typically no less than thirty (30) days prior to the effective date.
1.3. Continued use of Squirrel Media’s services following such notice shall constitute acceptance of the revised pricing.
1.4. Price adjustments may apply to, but are not limited to, hosting services, domain registrations, maintenance plans, and associated add-ons.
1.5. We reserve the right, at our sole discretion, to amend, adjust, or increase any historical or legacy pricing plans to align with our current retail pricing structure at any time, with reasonable notice provided to the client.

2. Pricing Influenced by Third-Party Providers

2.1. The Client acknowledges that certain services provided by Squirrel Media rely on third-party suppliers, including but not limited to data centers, domain registries, software providers, and licensing authorities.
2.2. Should any third-party provider impose cost increases, Squirrel Media reserves the right to pass on such increases to the Client with reasonable notice.
2.3. Squirrel Media shall not be held liable for pricing changes imposed by third-party providers beyond its control.

3. Economic Factors and Cost Escalation

3.1. Squirrel Media reserves the right to adjust pricing at any time due to significant economic changes beyond its control.
3.2. Such factors may include, but are not limited to:

• Inflation or currency fluctuations
• Increases in electricity, bandwidth, or infrastructure costs
• Government-imposed taxes, levies, or regulatory changes
• Material increases in operational or licensing costs

3.3. Where possible, Squirrel Media will provide advance notice; however, certain increases may be implemented immediately where external cost pressures require urgent adjustment.

4. Force Majeure

4.1. Squirrel Media shall not be held liable for any failure or delay in performance of its obligations where such failure or delay is due to events beyond its reasonable control (“Force Majeure Event”).
4.2. Force Majeure Events include, but are not limited to:

• Natural disasters (including floods, fires, earthquakes)
• Acts of God
• War, terrorism, civil unrest, or strikes
• Power outages or infrastructure failures
• Internet or telecommunications outages
• Cyberattacks or widespread security breaches
• Government actions, regulations, or restrictions

4.3. During a Force Majeure Event, Squirrel Media’s obligations shall be suspended for the duration of the event.
4.4. Squirrel Media will make reasonable efforts to restore services as soon as practically possible.

5. Service Continuity and Limitation of Liability

5.1. While Squirrel Media strives to provide uninterrupted services, it does not guarantee continuous, error-free, or secure operation at all times.
5.2. Squirrel Media shall not be liable for any loss of revenue, data, business interruption, or consequential damages arising from pricing changes, service interruptions, or Force Majeure Events.

6. Acceptance of Terms

6.1. By engaging Squirrel Media’s services, the Client acknowledges and agrees to these Terms and Conditions.
6.2. These terms form part of all service agreements, quotations, and invoices issued by Squirrel Media.

Full payment is due before your invoice due date stipulated on your invoice. We have a 30 Day Billing cycle. You will receive an invoice in advance for the upcoming month, Billing will continue until you cancel your hosting account. Payment is only possible by EFT (internet banking) or by credit card/ Debit Card(Payfast). Should you choose to EFT, please allow for 2 additional working days to clear.

Cash payments and cheque deposits attract a bank charge of R50 which will be passed on to any client making payment by cash.
If your preferred payment method is PayFast, Please ensure that your Card is loaded and has sufficient funds 5 days prior to your due date. Should your card be declined and/or no payment is received by your due date stipulated on your invoice, your account will incur a R395.00 Late Fee/Reconnection charge and will remain suspended until payment has been received and cleared in our account. All services will be on hold and unreachable during this period. Squirrel Media will not be held responsible or liable for but not limited to, loss of income, inconvenience or data loss during this period. All clients are notified via email and reminders are sent to all clients reminding them to settle their account.

Domain registration fees and all hosting fees are subject to change with one months (30 Days) notice.

If you have received a free domain through a Squirrel Media promotion, then the registration fees for that domain are payable in full if you cancel your hosting account before 12 months have passed.

PAYFAST SUBSCRIPTION: We offer the Payfast payment method which includes, but is not limited to, Instant EFT, Credit Card, Debit Card, Zapper etc. By choosing the subscription button when paying an invoice, you hereby accept that all invoices will be deducted via this payment method. Should your payment method be declined for any reason, you will be notified via email on the email address listed on your account.

If payment for these hosting services is not in our bank account by the due date on your invoice, we reserve the right to suspend or terminate the hosting package without notice, and to charge an unsuspension fee of up to R395 for suspended hosting accounts or a restoration fee to restore terminated hosting accounts from backup (see Restoration of Terminated Accounts below).

Reseller account fees for sub-accounts are charged for the previous month's usage, not in advance. Terminating accounts after your monthly invoice is generated will not affect that invoice.

LATE PAYMENT: Late payment will result in the suspension of your hosting account, and an unsuspension fee may be levied. Clients who regularly default or make late payments will be required to migrate to annual billing structure allowing Squirrel Media to debit their bank account or credit card.
A Reconnection Fee of R395.00 will be charged to all accounts that have been suspended.

Shared hosting accounts will be suspended if they are still unpaid 2 days after the due date and terminated after 14 days of non-payment. If an account needs to be restored from backup after termination, a restoration fee will be levied. This payment is to be made to us prior to any account restorations being performed.

RESTORATION OF TERMINATED ACCOUNTS: Restoration fees apply to all accounts that have been terminated, whether the account was cancelled by the Client, terminated for non-payment or terminated by Squirrel Media. An account can only be restored where a suitable backup still exists, and restoration is not guaranteed (see Backups).

• Accounts larger than 20GB, up to 50GB, will be charged a restoration fee of R500.00. Accounts larger than 50GB will be charged additionally.
• All restoration fees are payable before the restoration is carried out.
• Restoration can take between 2 and 24 hours once payment has been received and cleared in our account.
• A cancelled account, once terminated, will need to be restored (restoration fees apply) and a new hosting plan activated at our current pricing. Any discounts, promotional rates, legacy or historical pricing previously applied to the terminated account will be forfeited and will not be carried over.

"Unpaid" means that the funds do not reflect in our bank account. Please note, EFT Payments take up to 2-3 working days between different banks.

1. Interest on Overdue Amounts

1.1. Any amount not paid by its due date bears interest from the due date until the date of payment, at the maximum rate permitted by applicable law.

2. Collection Costs

2.1. Should Squirrel Media hand an overdue account over for collection, the Client is liable for all costs of recovery, including tracing fees, collection commission and legal costs on the attorney-and-own-client scale, to the extent permitted by law.

3. Chargebacks and Payment Reversals

3.1. Clients must contact us via a support ticket before disputing any payment with their bank or card issuer.

3.2. If a payment is reversed, disputed or charged back, all Services on the Client’s account may be suspended immediately. The reversed amount, together with any bank charges and administration costs incurred by Squirrel Media, becomes due and payable immediately.

3.3. Squirrel Media may decline further card or subscription payments from a Client who has initiated a chargeback, and may require payment by EFT in advance.

4. Proof of Amounts Owing

4.1. A certificate signed by the owner or a manager of Squirrel Media stating the amount owed by the Client is sufficient proof of that amount unless the Client proves otherwise.

4.2. The Client may not withhold, defer or set off any payment due to Squirrel Media because of any claim or dispute the Client may have.

1. Quotations and Scope

1.1. Website design and development work is carried out according to the scope set out in our written quotation. Work outside that scope, including additional pages, features, revisions beyond those quoted, or content loading, is charged separately.

1.2. Quotations are valid for the period stated on the quotation. Any deposit stated on the quotation is payable before work begins, and the balance is payable before the website is launched or handed over.

2. Client Content and Co-operation

2.1. The Client must supply all text, images, logos, logins and approvals needed for the project promptly.

2.2. Delivery timeframes (including any “website in under 7 days*” timeframe) are estimates and only begin once all content has been received. Delays in supplying content or approvals will extend the timeframe.

2.3. If a project is placed on hold by the Client for an extended period, Squirrel Media may invoice for work completed to date and close the project. Re-opening the project may be subject to a new quotation.

2.4. The Client warrants that it owns or is licensed to use all content it supplies, and indemnifies Squirrel Media against any claim arising from that content.

3. Ownership

3.1. Until the project has been paid for in full, all work remains the property of Squirrel Media, and we may withhold, suspend or take offline any unpaid work.

3.2. Once paid in full, the Client owns the final website content and design created specifically for them. This does not apply to a Website Rental, which remains the property of Squirrel Media until it is bought out (see Ownership & Intellectual Property under Website Rentals).

3.3. Squirrel Media retains ownership of its pre-existing code, templates, frameworks and tools. Third-party themes, plugins, page builders and fonts remain subject to their own licences (see the Plugins, Scripts & Software Policy, including the Oxygen Builder licence terms).

4. Acceptance

4.1. A website is deemed accepted when it is launched, or when the Client starts using it, whichever happens first. Changes requested after acceptance are chargeable unless covered by a maintenance plan.

5. Portfolio and Credit

5.1. Squirrel Media may display completed work, including the Client’s name, logo and screenshots, in our portfolio, on our website and in our marketing, unless the Client asks us in writing not to.

5.2. A discreet “Website by Squirrel Media” credit may be placed in the website footer. The Client may ask for it to be removed.

6. No Guarantee of Results

6.1. Squirrel Media does not guarantee search engine rankings, traffic, enquiries, sales or any other business results from a website, search engine optimisation (SEO) or marketing work.

Responsibilities of Squirrel Media (The Host) and the Client (Website Owner)

When hosting a website with Squirrel Media ("The Host"), the following responsibilities apply:

1. Responsibilities of Squirrel Media (The Host):

• The Host is responsible for the overall stability, security, and maintenance of the physical server, hosting infrastructure, and data center environment where your website resides.
• The Host ensures that servers are monitored, patched, and updated with security measures to protect the hosting environment as a whole.
• The Host is responsible for maintaining network connectivity and uptime of the hosting infrastructure, subject to reasonable maintenance windows and unforeseen circumstances.

2. Responsibilities of the Client (Website Owner):

• The Client is fully responsible for the content, files, applications, plugins, scripts, and data placed on their hosting account.
• The Client is responsible for ensuring their website is kept secure and up to date, including but not limited to:
• Updating CMS platforms (e.g., WordPress), plugins, and themes.
• Managing passwords, user access, and securing their applications.
• The Client must ensure that the use of their hosting account complies with all applicable laws, regulations, and The Host’s acceptable use policies.
• We reserve the right to disable your website into "Offline Mode" should your website not be updated and have multiple vulnerabilities which affect not only the working of your own website, but the environment of other sites hosted on our Servers. Squirrel Media will not be held liable for any losses resulting from any downtime.

The Client will be notified via email and a 48 hour notice will be given before Website services are disabled.

• The Client acknowledges that while the Host provides the “house” (server and infrastructure), the “furnishing” (design, content, functionality, and performance of the website) is entirely the Client’s responsibility.

3. Maintaining and Updating Your Website

3.1. Squirrel Media is not responsible for any Client’s website. This applies whether the website was built by the Client, by Squirrel Media, or by any other developer, agency or AI tool, and whether or not it is hosted with us.

3.2. It is the Client’s sole responsibility to make sure that its website is properly maintained and kept up to date at all times. As they apply to the website, this includes:

• updating the CMS (such as WordPress), themes, plugins, page builders and other software when updates are released;
• removing themes, plugins and software that are no longer used or supported by their developers;
• keeping the website compatible with the PHP and software versions on our servers (see General Provisions);
• renewing domain names, SSL certificates, software licences and third-party services on time;
• checking regularly that the website, its forms and its email are working;
• keeping the website’s content, prices and contact details accurate and current; and
• keeping current backups stored away from our servers (see Backups).

3.3. Squirrel Media does not monitor, maintain, update or repair a Client’s website unless the Client has an active Website Maintenance plan, and then only within the scope of that plan (see Website Maintenance). A maintenance plan does not transfer responsibility for the website to Squirrel Media.

3.4. For a Website Rental, the website’s code stays with Squirrel Media (see Ownership & Intellectual Property), and changes are made only at the Client’s request and account (see Website Changes, Updates & Upgrades). The Client remains responsible for checking its rented website regularly, keeping its content and details current, and asking us promptly, via a support ticket, for any change or fix it needs. Section 4 below applies to Website Rentals.

4. No Liability for Loss of Income

4.1. Squirrel Media accepts no responsibility or liability for any loss of income, revenue, profit, sales, enquiries, bookings, customers, business or opportunity, any damage to reputation, or any other direct or indirect loss, arising from a Client’s website not being maintained or updated. This includes loss caused by:

• the website being hacked, infected with malware, defaced or blacklisted;
• the website crashing, showing errors or going offline;
• contact forms, payment gateways, booking systems or other features not working;
• software becoming incompatible after a server, PHP or software update;
• the website being disabled or put into “Offline Mode” under section 2 above, or suspended or removed under any other clause of these Terms and Conditions; and
• search engines lowering the website’s rankings or flagging it as unsafe.

4.2. Any work Squirrel Media does to investigate, clean, repair or restore a website that has not been maintained is chargeable at our prevailing rates, unless covered by a separate written agreement, and is done on a best-effort basis with no guarantee of success.

4.3. This clause must be read together with Indemnification Policy and Warranties & Limitation of Liability.

Our Website Maintenance Packages are designed to keep your WordPress website functional, secure, and up to date. However, these packages do not transfer ownership or full responsibility of your website to Squirrel Media. At all times, the ultimate responsibility for the security, content, and overall management of your website remains with you, the Client.

1. Scope of Maintenance Plans

The WordPress Update Plan is strictly limited to updating the WordPress core software and installed plugins on a scheduled basis (weekly).

These updates do not include:

• Content changes (text, images, or media).
• Design changes, theme customization, or layout adjustments.
• Fixes or troubleshooting resulting from third-party plugins, themes, or modifications made outside the scope of the update.
• Content or design change requests must be submitted by the Client. Unused changes do not roll over to the following month, are non-transferable, and are non-refundable.

2. Client’s Ongoing Responsibilities

- The Client is solely responsible for:

• The security of login credentials, user accounts, and access permissions.
• The integrity and accuracy of all website content and data.
• The installation, licensing, and proper functioning of third-party themes and plugins.
• Any actions taken by the Client or third parties (including developers or designers) that impact the website’s functionality or security.
• Even where a website has been designed by Squirrel Media, all ongoing responsibility for its operation rests with the Client unless otherwise agreed in writing under a separate service agreement.

3. Limitation of Liability

While Squirrel Media will take all reasonable measures to perform updates safely and maintain site stability, we cannot guarantee against compatibility issues, downtime, loss of functionality, or data loss arising from updates, third-party software, or external modifications.

Squirrel Media will not be held liable for any direct or indirect loss, including downtime, security breaches, or financial damages, resulting from:

• Third-party themes or plugins.
• Client or third-party modifications.
• Failure of the Client to maintain appropriate security practices.
• Suspicious Plugins / Files will be removed automatically by our Firewalls / CMS Anti-Virus Systems

4. Backups

We strongly recommend that Clients maintain a separate, full, and up-to-date backup of their website at all times, in addition to any backups included in their hosting plan.

The WordPress Update Plan is limited to the updating of the WordPress core software and installed plugins only. This plan does not include content edits, design adjustments, or any other modifications to text, images, or layout. Updates are performed on a weekly basis to maintain compatibility and security.

While we take all reasonable measures to ensure the stability and security of your site, your website remains your sole responsibility at all times during your hosting period. This includes the security of your login credentials, content, and data. We will not be held liable for any issues, loss of data, or downtime resulting from third-party plugins, themes, or actions taken by the client or any third party appointed by the client. This includes Websites designed by Squirrel Media or your own developer.

We strongly recommend maintaining a full, separate backup of your website in addition to any backups provided as part of your hosting plan. These backup services are available within your cPanel and form part of your responsibility as a website owner to ensure a backup of your website and any data is stored on your local Device / Laptop / PC,

You are free to install and use any scripts you wish, (as long as they are not on our banned scripts list, see below) however we reserve the right to disable any script or software in your hosting account that affects normal server operation or service to other Squirrel Media customers.

Squirrel Media is not responsible for any scripts or software that you use in your hosting. It is not our responsibility to ensure your scripts or software functions correctly. Our support techs will not troubleshoot aspects of any scripts or software that you use on your sites hosted on our servers.

Squirrel Media provides access to our licensed copy of Oxygen Builder exclusively to clients who have contracted us to design and develop their website. This license is only valid while the website is actively hosted on our servers through Squirrel Media.
Should a client cancel their hosting services or move their website to another provider, the Oxygen Builder license will be automatically deactivated. In such cases, the client will be required to purchase their own Oxygen Builder license in order to continue receiving updates from Oxygen Builder.

We reserve the right to remove Oxygen builder from any account that violates our terms and conditions of service.
This Oxygen license is non-transferable and is not available for use by third-party developers or agencies.

Squirrel Media provides technical support for the Server & Server related software. Any scripts included in your Control Panel for use or installation are 3rd Party scripts and are not supported by Squirrel Media, however you may ask for assistance (which we are usually willing and able to give) by submitting a support ticket.

As part of the management service of Web hosting, we reserve the right to modify, delete, deactivate or replace any plugin which is hacked, abandoned by its developer or which causes performance issues on the server, without notice.
Any breach of these terms will result in the suspension of your Web Hosting account and we reserve the right to charge for the time taken to re-install plugins and reconfigure your account to the correct settings.

• Migrations are carried out on a best-effort basis. The once-off migration fee is set out in the Indemnification Policy (R350.00 for manual, non-cPanel migrations).
• The Client must provide the access details we request and keep their previous hosting account active and paid up until the migration has been verified.
• Squirrel Media is not liable for data that is missing, corrupted, infected or incompatible at the source, for differences in software versions between providers, or for downtime during DNS propagation.
• Emails stored only on a device (for example, POP3 mailboxes) cannot be migrated by us.
• The Client must check their website and email after migration and report any issues promptly via a support ticket.

• Domain registrations, renewals and transfers are subject to the rules and policies of the relevant registry, including the ZA Central Registry (ZACR) for .co.za domains and ICANN for international domains. Squirrel Media acts as an agent between the Client and the registry or registrar.
• Domains are registered using the registrant details supplied by the Client, who is responsible for ensuring those details are accurate and kept up to date.
• The availability of a domain is not guaranteed until registration has been completed and confirmed by the registry.
• Domain renewals are invoiced in advance. If a renewal is not paid before the expiry date, the domain may be suspended, deleted, or registered by someone else. Squirrel Media is not liable for any loss arising from an expired domain, and any redemption or restore fees charged by the registry are payable by the Client.
• Domain registration and renewal fees are non-refundable once submitted to the registry.
• Transfer (EPP) codes are released only once the Client’s account is fully paid up and the request has been verified.
• The Client is responsible for ensuring that its domain names do not infringe any trademark or other third-party right. Squirrel Media is not a party to, and is not liable in, any domain name dispute.

1. Client Responsibility for AI-Generated Code and Content

Squirrel Media accepts no responsibility or liability for any website, application, script, plugin, theme, configuration, or content that has been created, modified, generated, or updated using any Artificial Intelligence (AI) platform, tool, or service, including but not limited to ChatGPT, Claude, Gemini, GitHub Copilot, Cursor, Lovable, Windsurf, Bolt, Replit AI, or any similar technologies.

Where a client chooses to implement AI-generated code or content, whether independently or through a third party, the client accepts full responsibility for ensuring its accuracy, functionality, compatibility, security, licensing, and ongoing maintenance.

Unless expressly agreed to in writing, Squirrel Media is under no obligation to troubleshoot, maintain, modify, repair, update, or provide technical support for AI-generated code or AI-assisted modifications.

2. AI-Related Security Risks

Clients acknowledge that AI-generated code, scripts, plugins, or content may introduce security vulnerabilities, malicious code, malware, backdoors, spam, or other harmful elements into their hosting environment.

Should Squirrel Media reasonably believe that AI-generated content or code has compromised, or has the potential to compromise, the stability, security, integrity, or availability of our servers, network, other customer accounts, or services, we reserve the right to:

• Suspend the affected hosting account immediately without prior notice;
• Remove, quarantine, disable, or modify any files, scripts, or content considered malicious, vulnerable, or potentially harmful;
• Restrict access to the hosting account while an investigation is conducted; and
• Take any additional action reasonably necessary to protect our infrastructure and other customers.

Where reasonably practicable, Squirrel Media will notify the client after such action has been taken. Such action shall not constitute a breach of this Agreement.

3. AI Support Exclusion

Squirrel Media does not provide technical support, debugging, code review, optimisation, prompt engineering, troubleshooting, or consulting for any Artificial Intelligence platform or for any code, content, automation, configuration, or modifications produced by an AI system.

This exclusion applies regardless of whether the AI-generated work was produced by the client, an employee, contractor, web developer, agency, freelancer, or any other third party.

4. Client Indemnity

The client agrees to indemnify and hold harmless Squirrel Media, its directors, employees, and affiliates against any claims, damages, losses, liabilities, costs, or expenses arising from or related to the use of Artificial Intelligence tools, AI-generated code, AI-generated content, or AI-assisted development on the client's hosting account.

5. Data Privacy

Clients should not submit confidential information, passwords, API keys, customer data, personal information, or proprietary business information to any AI platform unless they have satisfied themselves that doing so complies with applicable privacy laws, contractual obligations, and the AI provider's terms of service. Squirrel Media accepts no responsibility for information disclosed by clients to third-party AI services.

6. No Warranty for AI-Generated Work

Squirrel Media makes no representation or warranty regarding the quality, accuracy, legality, reliability, security, compatibility, or fitness for purpose of any AI-generated code or content. The use of such material is entirely at the client's own risk.

7. Service Charges

Where Squirrel Media agrees, at its sole discretion, to investigate, repair, clean, or recover a website or hosting account affected by AI-generated code or content, such work shall be chargeable at our prevailing hourly support rates unless covered by a separate maintenance agreement.

8. Right to Refuse AI-Related Support

8.1 Squirrel Media reserves the absolute right to refuse, decline or discontinue any technical support, development assistance, debugging, optimisation, troubleshooting, repair or consultation relating to any Artificial Intelligence ("AI") generated code, scripts, plugins, themes, applications, website content, automations or configurations.

8.2 This includes, but is not limited to, code or content generated using ChatGPT, Claude, Gemini, GitHub Copilot, Cursor, Replit AI, Bolt, Lovable, Windsurf, DeepSeek, Grok, Microsoft Copilot or any current or future Artificial Intelligence platform or service.

8.3 Squirrel Media shall not be required to determine the origin of any code or content and may presume that any unsupported, undocumented or AI-assisted code falls within this clause.

8.4 Should Squirrel Media, at its sole discretion, elect to provide assistance with AI-generated code or content, such assistance shall be provided strictly on a best-effort basis without any guarantee of success, compatibility or functionality and shall be billed at Squirrel Media's prevailing hourly support rates.

9. Website Backups and Recovery

9.1 Whilst Squirrel Media may perform routine server backups for disaster recovery purposes, such backups are provided as a courtesy only and are not guaranteed to contain the most recent version of a client's website, database, email or files.

9.2 Clients remain solely responsible for maintaining their own independent and verified backups of all website content, databases, emails, applications and configuration files.

9.3 Squirrel Media accepts no responsibility for any loss of data resulting from AI-generated code, software updates, third-party modifications, malware infections, database corruption, accidental deletion or user error.

9.4 Where a website becomes corrupted, inaccessible or unstable due to AI-generated code or content, Squirrel Media cannot guarantee that restoration will be possible.

9.5 Any recovery, restoration, malware removal or forensic investigation performed by Squirrel Media shall be chargeable unless expressly included within an active maintenance agreement.

10. Responsibility for Third-Party Developers

10.1 The Client remains fully responsible for all persons who access or make changes to their hosting account including, but not limited to, employees, contractors, web developers, agencies, freelancers, consultants, Artificial Intelligence services and any other third party acting on the Client's behalf.

10.2 Any actions performed by third parties shall be deemed to have been authorised by the Client.

10.3 Squirrel Media accepts no liability whatsoever for any errors, data loss, security vulnerabilities, incompatibilities, downtime or damage resulting from work undertaken by third parties or through the use of Artificial Intelligence technologies.

10.4 The Client shall remain liable for all costs incurred by Squirrel Media in investigating, repairing or recovering any issues arising from third-party activity.

11. Protection of Shared Hosting Infrastructure

11.1 Squirrel Media operates shared and managed hosting environments in which the stability and security of all customers remain a priority.

11.2 Where Squirrel Media reasonably believes that any website, application, script or process is negatively affecting server performance or compromising the stability, security or availability of the hosting platform, Squirrel Media reserves the right to immediately suspend, isolate, throttle, disable or remove the offending service without prior notice.

11.3 This right applies irrespective of whether the issue has been caused intentionally or unintentionally and includes issues arising from Artificial Intelligence generated code, compromised software, excessive resource usage, malicious scripts or insecure programming practices.

11.4 Squirrel Media shall not be liable for any loss of income, business interruption, loss of profits or consequential damages resulting from such action where taken in good faith to protect its infrastructure or other customers.

12. Automated Security Monitoring

12.1 Squirrel Media reserves the right to monitor hosted services using automated or manual security tools designed to detect malware, phishing pages, spam, viruses, backdoors, vulnerable software, unauthorised access attempts and other security threats.

12.2 Where malicious or potentially harmful files are identified, Squirrel Media may, without obtaining prior consent from the Client:

a) quarantine such files;

b) delete malicious content;

c) disable vulnerable scripts or applications;

d) apply emergency security measures;

e) suspend access to affected services; or

f) perform any action reasonably necessary to protect its network and customers.

12.3 Wherever reasonably practicable, Squirrel Media shall notify the Client after such action has been taken.

12.4 The Client acknowledges that immediate action may be necessary to minimise the spread of malware or protect the integrity of Squirrel Media's infrastructure.

13. Resource Usage and AI-Generated Applications

13.1 Artificial Intelligence generated applications, scripts or automations may consume excessive server resources or perform inefficient operations.

13.2 Squirrel Media reserves the right to limit, suspend or terminate any application which, in its sole opinion, causes excessive CPU usage, memory consumption, database activity, disk I/O, network traffic or other resource utilisation which may adversely affect server performance.

13.3 Clients may be required to optimise, rewrite or remove inefficient code before hosting services are restored.

13.4 Squirrel Media shall not be responsible for correcting or optimising AI-generated programming.

14. Intellectual Property and Legal Compliance

14.1 The Client warrants that all content, code, images, videos, text, graphics, software and other materials hosted on Squirrel Media's infrastructure have been lawfully obtained and do not infringe any copyright, trademark, patent, licensing agreement or other intellectual property rights.

14.2 The Client further warrants that any Artificial Intelligence generated material complies with all applicable laws, regulations and licensing requirements.

14.3 Squirrel Media accepts no responsibility for disputes arising from the ownership, licensing or originality of AI-generated content.

14.4 The Client agrees to fully indemnify Squirrel Media against any claims, legal proceedings, damages, penalties, settlements or legal costs arising from intellectual property infringement or unlawful content.

15. Confidential Information and AI Platforms

15.1 Clients acknowledge that Artificial Intelligence platforms are operated by independent third parties.

15.2 Squirrel Media strongly recommends that Clients do not submit passwords, API keys, confidential business information, customer databases, financial information, source code, proprietary software or personal information to any AI platform unless they have independently verified that doing so complies with applicable privacy legislation and the AI provider's policies.

15.3 Squirrel Media accepts no responsibility whatsoever for information disclosed by Clients to third-party Artificial Intelligence platforms.

15.4 Any loss, misuse, disclosure or compromise of confidential information resulting from the Client's use of AI services shall remain solely the Client's responsibility.

16. No Warranty for Artificial Intelligence Generated Content

16.1 Squirrel Media makes no representations or warranties regarding the quality, accuracy, legality, completeness, functionality, compatibility, security or suitability of any Artificial Intelligence generated code or content.

16.2 AI-generated outputs may contain inaccuracies, security vulnerabilities, programming errors or content that is unsuitable for production environments.

16.3 Clients acknowledge that all AI-generated material is implemented entirely at their own risk.

16.4 Squirrel Media shall not be liable for any direct, indirect, incidental, consequential or special damages arising from the use of Artificial Intelligence generated material.

17. Chargeable AI-Related Services

17.1 Any request accepted by Squirrel Media relating to Artificial Intelligence generated code, website recovery, malware removal, debugging, troubleshooting, optimisation, forensic investigation or security remediation shall constitute chargeable professional services.

17.2 Charges shall be calculated at Squirrel Media's prevailing hourly support rates unless otherwise agreed in writing.

17.3 No guarantee is provided that any AI-generated code or compromised website can be repaired, restored or recovered.

17.4 Payment for such services shall remain due irrespective of the outcome of the work performed.

18. Limitation of Liability Relating to Artificial Intelligence

18.1 Under no circumstances shall Squirrel Media be liable for any loss, damage, corruption, downtime, business interruption, loss of profits, reputational damage, cyberattack, data breach or security incident arising directly or indirectly from the use of Artificial Intelligence generated code, content, automations or services.

18.2 This limitation applies regardless of whether the Artificial Intelligence tools were used by the Client, an employee, contractor, web developer, agency or any other third party.

18.3 The Client expressly acknowledges that Artificial Intelligence technologies are rapidly evolving and that Squirrel Media cannot reasonably assess, certify or guarantee the safety or suitability of all AI-generated outputs.

18.4 The Client assumes all risks associated with the use, implementation and deployment of Artificial Intelligence generated material within their hosting environment.

19. Acceptance of Risk

19.1 The Client acknowledges that Artificial Intelligence ("AI") technologies, including but not limited to AI-assisted code generation, website development, content creation, automation, scripting and software modification, are continually evolving and may produce inaccurate, incomplete, insecure, incompatible or otherwise unsuitable outputs.

19.2 The Client understands and accepts that the implementation or use of AI-generated code, content, scripts, plugins, themes, applications, automations or configurations may introduce security vulnerabilities, software defects, compatibility issues, performance degradation, data corruption, malware, unauthorised access, service interruptions or other unforeseen risks.

19.3 By uploading, deploying, installing or using any AI-generated material on any service provided by Squirrel Media, the Client expressly acknowledges that such use is undertaken entirely at the Client's own risk and discretion.

19.4 The Client further acknowledges that Squirrel Media does not verify, certify, audit, warrant or guarantee the accuracy, legality, security, functionality, reliability or fitness for purpose of any Artificial Intelligence generated material.

19.5 The Client agrees that Squirrel Media shall not be liable for any direct, indirect, incidental, consequential, punitive or special damages, including but not limited to loss of revenue, loss of profits, business interruption, reputational damage, loss of data, cyber incidents, legal claims or regulatory penalties arising directly or indirectly from the use of Artificial Intelligence generated code or content.

19.6 The Client accepts full responsibility for testing, validating, reviewing, securing and maintaining all AI-generated code, applications, content and configurations before deployment within any hosting environment provided by Squirrel Media.

19.7 Nothing contained within these Terms and Conditions shall be interpreted as creating any obligation upon Squirrel Media to investigate, repair, maintain, optimise or support any website, application or service which has been created, modified or influenced by Artificial Intelligence technologies, unless expressly agreed to in writing.

19.8 The Client acknowledges that Squirrel Media's primary responsibility is the provision of hosting infrastructure and associated hosting services. The design, development, coding, maintenance, security and operational integrity of the Client's website or applications, including those developed or modified using Artificial Intelligence, remain solely the responsibility of the Client.

19.9 By continuing to use any hosting, email, or related services supplied by Squirrel Media, the Client confirms that they have read, understood and accepted the provisions contained within this Artificial Intelligence section of the Terms and Conditions and agree to be legally bound by them.

19.10 Squirrel Media reserves the right to amend, update or expand these Artificial Intelligence Terms and Conditions at any time in response to technological developments, emerging cybersecurity threats, changes in legislation, industry best practices or operational requirements. The most current version shall be published on Squirrel Media's website and shall take effect immediately upon publication unless otherwise stated.

This clause applies to every website, landing page, web application, script and piece of content that has been created, generated or changed, in whole or in part, using an Artificial Intelligence (AI) website builder, AI coding assistant or AI chatbot (an “AI Website”), whether it was made by the Client, an employee, a developer, an agency or any other third party. It applies together with the Artificial Intelligence (AI) Usage Policy.

1. AI Website Builders and Tools

1.1. This clause covers AI Websites built with any AI platform, including but not limited to: Lovable; Bolt.new (StackBlitz); v0 (Vercel); Replit Agent; Base44; Google AI Studio, Firebase Studio and Gemini Canvas (Google); ChatGPT, Canvas and Codex (OpenAI); Claude, Claude Code and Claude Artifacts (Anthropic); GitHub Copilot and GitHub Spark; Microsoft Copilot; Cursor; Windsurf; DeepSeek; Grok (xAI); Meta AI; Mistral Le Chat; the Wix AI Website Builder; Squarespace Blueprint AI; the Hostinger AI Website Builder; GoDaddy Airo; Durable; 10Web; Framer AI; Webflow AI; and any similar current or future AI tool or service.

2. Security Checks Before Upload

2.1. AI Websites will not be uploaded to our servers if they have not undergone the necessary security checks. This applies whether the upload is done by Squirrel Media or by the Client (through cPanel, File Manager, FTP, Git or any other method).

2.2. Before an AI Website is uploaded, it must, as a minimum:

• be free of malware, backdoors, hidden redirects, crypto-mining scripts, spam links and obfuscated or unexplained code;
• contain no exposed secrets, such as API keys, access tokens, database passwords, private keys or .env files, in any public file, script or page source;
• use only genuine, maintained and up-to-date libraries, plugins and packages with no known critical vulnerabilities, and no packages that do not exist or come from untrusted sources;
• validate and sanitise all form fields and user input on the server, and be protected against common attacks such as SQL injection, cross-site scripting (XSS) and cross-site request forgery (CSRF);
• protect contact forms against spam and abuse, so that they cannot be used to send bulk or spoofed email from our servers;
• protect any admin area, login or database with secure access controls, with no default, shared or hard-coded passwords, and with the security rules of any third-party database or backend service (for example, row-level security or database rules) switched on;
• restrict file uploads to safe file types and sizes;
• have debug modes, test files, demo accounts, exposed source code and directory listings switched off or removed; and
• be compatible with our hosting environment and the Client’s hosting package, including supported PHP and software versions and the package’s resource limits.

2.3. The Client (or the Client’s developer) is responsible for carrying out these checks. On request, the Client must tell us which AI tools were used to build the website, list the third-party services and APIs it connects to, and provide reasonable evidence that the checks have been done.

3. Our Review

3.1. Squirrel Media may scan or review any AI Website before it is uploaded and at any time while it is hosted, using automated security tools and manual checks.

3.2. Squirrel Media may refuse to upload an AI Website, or may ask for changes before it is uploaded, until we are reasonably satisfied that it is safe to host.

3.3. Any review, clean-up or fixing of an AI Website done by Squirrel Media is chargeable at our prevailing rates, unless covered by a separate written agreement. A review by Squirrel Media is not a security audit and is not a guarantee that a website is secure or free of errors.

4. Removal of Websites That Pose a Risk

4.1. We reserve the right to remove any website that poses a risk or harm to our services, our servers or network, or any other client’s hosting account.

4.2. Where urgent action is needed, Squirrel Media may suspend, take offline, isolate, quarantine or remove the website or any of its files without prior notice, and will notify the Client where reasonably practicable (see Artificial Intelligence (AI) Usage Policy).

4.3. A removed or suspended AI Website will only be restored once the problem has been fixed and the website has passed the security checks in section 2. Restoration and investigation costs are payable by the Client.

5. AI-Generated Content

5.1. The Client is responsible for the accuracy and legality of all AI-generated text, images, video, audio and other content on its website, and must hold the right to use it under the terms of the AI tool that created it.

5.2. AI tools may not be used to create content that breaches the Content Policy, including fake reviews or testimonials, deepfakes, content that impersonates a real person, business or brand, copies or clones of other websites, phishing pages, or misleading claims.

5.3. Any personal information collected by an AI Website (for example, through a contact or booking form) must be handled in line with POPIA (see POPIA & Data Protection).

6. Liability

6.1. Squirrel Media is not liable for any loss of income, data or business, or any other loss, caused by refusing to upload, suspending or removing an AI Website under this clause.

6.2. The Client indemnifies Squirrel Media against any claim, loss or cost arising from an AI Website or AI-generated content hosted on the Client’s account, including harm caused to our servers or to other clients.

Web hosting, email hosting, backups and domain registration are provided by Squirrel Media, including the hosting package included with every rented website.

• Those services are governed by Squirrel Media’s Terms and Conditions, including its sections on account cancellation and termination, data after cancellation, disk space and fair use, backups, uptime, support, email services and server abuse.
• Hosting packages, prices and inclusions are published on Squirrel Media’s hosting page.

These Website Rental clauses apply to every Website Rental package (Starter, Growth and Premium) offered on our Website Rental page. They apply together with the rest of these Terms and Conditions. If a Website Rental clause conflicts with any other clause, the Website Rental clause applies to the rented website.

1. What a Website Rental Is

1.1. With a Website Rental, Squirrel Media designs and builds a website for the Client and makes it available to the Client for a monthly rental fee. The Client rents the right to use the website. The Client does not buy the website, its design or its code.

1.2. The rental fee pays for the use of the website for as long as the rental is active and the Client’s account is paid up.

2. What Each Package Includes

2.1. Each package includes only what is listed for it on the Website Rental page at the time the order is placed, including the number of pages, the number of sections, whether a contact form is included, CTA buttons, an HTML5 / CSS website and the included hosting package.

2.2. The Starter Package does not include a contact form.

2.3. Anything not listed for a package, including additional pages or sections, e-commerce, online bookings, blogs, logins, copywriting, photography, logo design, search engine optimisation (SEO) and content loading beyond the package, is excluded and is quoted separately. Adding pages, disk quota or resources requires a package upgrade (see clause 4 of Website Changes, Updates & Upgrades).

3. Hosting Included, Domain Renewal Excluded

3.1. Each package includes a Squirrel Media web hosting package: the Starter Package includes Lite Hosting, the Growth Package includes Basic Hosting and the Premium Package includes Power Hosting. The included hosting package comes with the disk space, email accounts and other features listed for it on our Web Hosting page at the time of the order.

3.2. The rented website is hosted on Squirrel Media servers for as long as the rental is active. The included hosting package forms part of the Website Rental: it starts and ends with the rental, and the rest of these Terms and Conditions (including Fair Use, Backups and Acceptable Use) apply to it.

3.3. Domain renewal is excluded from every package. Domain renewals are invoiced annually, in advance, at our current domain pricing, and are subject to Domain Names. The free .co.za domain offered with annually billed hosting plans does not apply to Website Rentals.

3.4. The Client may upgrade the included hosting package to a larger one. The difference in price is added to the monthly rental fee.

4. Who May Rent

4.1. Squirrel Media may decline any Website Rental order at its discretion, including where the intended website or its content would breach the Content Policy or any law.

5. Accepting a Website Rental

5.1. A Website Rental is binding on the Client when the Client signs a Website Rental Agreement, accepts these Terms and Conditions electronically, or pays the first rental invoice, whichever happens first (see Notices & Electronic Communications).

5.2. A signed Website Rental Agreement includes these Terms and Conditions. If a special condition written into a signed Website Rental Agreement conflicts with these Terms and Conditions, the special condition applies to that rental.

1. Minimum Term

1.1. Every Website Rental has a minimum term of six (6) months (the “Minimum Term”). The Minimum Term starts on the date of the first Website Rental invoice.

1.2. The Minimum Term is not paused or extended by delays in the Client supplying content, by suspension for non-payment, or by the Client choosing not to publish the website.

1.3. After the Minimum Term, the Website Rental continues month to month until it is cancelled as set out in Cancellation & Website Build Recovery Fee.

2. Monthly or 6 Months Upfront

2.1. The Client may pay the rental fee either monthly or for the full 6-month Minimum Term upfront. Payment is made by PayFast debit order, card or EFT as set out in Payment Policies, Fees and Refunds.

2.2. Monthly: the rental fee is billed monthly, in advance, on our 30 Day Billing cycle. The first month’s rental is payable before design work begins.

2.3. 6 months upfront: the full rental fee for the 6-month Minimum Term (six times the monthly rental fee) is invoiced once and is payable before design work begins. When the 6 months end, the rental continues month to month at the monthly rental fee, unless the Client pays for a further 6 months upfront or cancels.

2.4. The rental fee stays the same for the Minimum Term. After that, Squirrel Media may change the rental fee on one month’s (30 days’) notice.

3. Late Payment

3.1. If a rental invoice is not paid by its due date, the website may be suspended (taken offline) until the account is paid up, and the late payment and reconnection fees in Payment Policies, Fees and Refunds apply.

3.2. Rental fees remain payable while the website is suspended.

1. The Client Supplies All Content

1.1. Clients are required to provide Squirrel Media with all content, images and information they want displayed on their website. Squirrel Media does not create content.

1.2. Content must be supplied in its final form (checked for spelling, prices and contact details). Squirrel Media is not responsible for errors in content supplied by the Client.

1.3. Timeframes only begin once all content has been received. Delays in supplying content or approvals extend the timeframe.

1.4. If the Client has not supplied the content needed to build the website within thirty (30) days of the first rental invoice, Squirrel Media may build the website with the content it has received and send it for review under Review Period & Approval. Rental fees remain payable while content is outstanding.

2. Copyright

2.1. Copyright content will not be used or displayed on any websites designed by Squirrel Media. This includes images, text, logos, videos, fonts and music that the Client does not own or is not licensed to use.

2.2. By supplying content, the Client confirms that it owns that content or has permission to use it on its website, and indemnifies Squirrel Media against any claim arising from that content.

2.3. Squirrel Media may refuse, or remove without notice, any content it reasonably believes infringes someone else’s rights or breaches the Content Policy.

3. Responsibility for Content

3.1. The Client is responsible for the accuracy and legality of everything displayed on its website, including prices, specials, claims and any personal information collected through a contact form (see POPIA & Data Protection).

1. Preview of Your Website

1.1. When the website has been built from the content the Client supplied, Squirrel Media will send the Client a link to preview it. The day that link is sent is the “Preview Date”.

2. Five Working Days to Review

2.1. The Client has five (5) working days from the Preview Date to view the website and request any changes (the “Review Period”). Working days are Monday to Friday, excluding South African public holidays.

2.2. Change requests must be made in writing, by email to admin@squirrelmedia.co.za or by support ticket from the Client Area.

3. One Complete Set of Changes

3.1. The rental fee includes one (1) complete set of changes, requested within the Review Period.

3.2. All the changes must be sent together as one list. Each change must be numbered and clearly described, stating the page and section concerned, what must change, and the replacement text or image where applicable.

3.3. Squirrel Media will make every numbered, clearly described change in that set. An item that is not numbered or not clearly described may be returned to the Client for clarification. It forms part of the set once it has been clarified, but clarifying it does not start a new Review Period.

3.4. The included set of changes covers corrections and adjustments to the website as built, such as text, images, colours and the order of sections. It does not include a redesign, more pages or sections than the package allows, new functionality, or content that was not part of the original brief. These are quoted separately.

3.5. A second set of changes, changes requested after the Review Period, and changes added after the set has been sent are charged for as set out in Website Changes, Updates & Upgrades.

4. Approval and Launch

4.1. The website is deemed approved, and may be launched, when the included set of changes has been made, or when the Review Period ends without a change request, whichever happens first. It is also deemed approved as soon as the Client starts using it.

4.2. Rental fees remain payable during the Review Period, whenever the Client approves the website (see Minimum Term, Billing & Payment).

1. Changes Are Charged For

1.1. Apart from the one set of changes included under Review Period & Approval, any changes the Client wishes to have made to the website are at the Client’s account and will be charged for.

1.2. Changes include, but are not limited to:

• amendments to text, prices, contact details, opening hours or any other content;
• updates, such as new or replaced images, specials, products, services, staff or documents;
• security updates to the website’s own code, scripts or forms;
• visual updates, including changes to the design, layout, colours, fonts, images, buttons or sections;
• new pages, sections or functionality.

1.3. The monthly rental fee covers the use of the website and the included hosting package only. It does not include any amendments, updates, security updates or visual updates to the website.

1.4. Security of our servers and hosting platform remains our responsibility under the hosting clauses of these Terms and Conditions (including Server & User Abuse Policy & Security and Backups) and is not charged as a website change.

2. Quotations and Payment

2.1. Squirrel Media will quote the Client according to the scope of the changes, or charge for them at our website update rate (currently R650 per hour, as published on our IT Support pricelist).

2.2. Quoted changes are payable before the work is carried out, unless the quotation states otherwise.

2.3. Change requests must be made in writing, with each change numbered and clearly described as set out in clause 3.2 of Review Period & Approval. The timeframe for changes is given with the quotation and starts once payment and all the content needed have been received.

3. Updates If You Host Elsewhere

3.1. Updates to a website are available even if the Client chooses to host with another provider (for example, after a buy-out). These updates are charged for at our normal web development rates.

4. Upgrading Your Package

4.1. Upgrading your Website Rental package will apply should you:

• add new pages to the website;
• add disk quota; or
• add resources, such as email accounts or the hosting resources (CPU, memory, processes, input/output and inodes) described in Fair Use & Resource Limits.

4.2. The Client’s package is upgraded to the Website Rental package, or the hosting package, that includes the pages, disk quota or resources required. Where a hosting upgrade is needed, the difference in price is added to the monthly rental fee (see clause 3.4 of Website Rental Packages & Agreement). Anything beyond the Premium Package is quoted according to scope.

4.3. The Client may also upgrade to a higher Website Rental package at any time. The new rental fee applies from the next invoice, and any additional design work, such as building the new pages, is quoted according to scope.

4.4. A Client may not move to a lower package during the Minimum Term.

1. Squirrel Media Owns the Website

1.1. All code remains the property of Squirrel Media until authority of ownership is handed over to the Client in writing. This includes the website’s HTML, CSS and scripts, its design, layout, templates and graphics created by Squirrel Media.

1.2. Paying the monthly rental fee, for any length of time, does not transfer ownership of the website to the Client. Ownership only passes through a buy-out (see Buy-Out Policy).

1.3. Clause 3.2 of Website Design & Development (ownership once paid in full) does not apply to rented websites.

2. The Client’s Licence

2.1. While the rental is active and the account is paid up, the Client may use the website for its own business. This right is personal to the Client and may not be sold, transferred or sub-let.

2.2. The Client may not copy, download, scrape, duplicate, move, resell or let anyone else modify the website or its code without Squirrel Media’s written consent.

3. What the Client Owns

3.1. The Client keeps ownership of the content it supplied, such as its text, photographs, logos and trademarks.

3.2. Domain names are registered in the Client’s details (see Domain Names).

4. Portfolio and Credit

4.1. The portfolio and footer credit terms in Website Design & Development apply to rented websites.

1. Buying Your Website Outright

1.1. Squirrel Media offers a buy-out policy if the Client wants to purchase the website outright from us.

1.2. The buy-out fee is based per website. Contact us for an evaluation price to purchase the website. An evaluation is a quotation, valid for the period stated on it.

2. When Ownership Passes

2.1. Ownership passes to the Client only once the buy-out fee and all other amounts owing on the Client’s account have been paid in full and cleared, and Squirrel Media has confirmed the handover of ownership in writing.

2.2. On handover, Squirrel Media will provide the website files. Third-party items such as fonts, icons, scripts and stock images remain subject to their own licences.

3. After a Buy-Out

3.1. A buy-out completed during the Minimum Term ends the Website Rental without the Website Build Recovery Fee. Rental fees invoiced up to the buy-out date remain payable.

3.2. After a buy-out, the hosting package included with the rental ends. The Client may host the website on a Squirrel Media hosting package at our current pricing, or move it to another provider. Updates remain available at our normal web development rates (see Website Changes, Updates & Upgrades).

1. cPanel Access and Website Files

1.1. The included hosting package comes with cPanel access, so that the Client can manage its email accounts and view its hosting account.

1.2. The Client may not edit, move, copy, download or delete the website’s files or code, or install other software on the hosting account, without Squirrel Media’s written consent.

1.3. If the Client, or anyone acting for the Client, changes or damages the website, Squirrel Media will charge for repairing it or restoring it from a backup at our website update rate.

2. Email

2.1. The number of email accounts and the disk space are those of the included hosting package, as listed for each Website Rental package.

2.2. “Unlimited Emails” means that the number of emails the Client sends is not capped for the normal email of a business. It remains subject to Fair Use & Resource Limits, No Mass Email Marketing Allowed and the SPAM Policy: bulk, mass or marketing email and newsletters are not allowed.

2.3. The Client is responsible for its email passwords and devices, as set out in Email Services and Email Security.

3. Backups

3.1. The included hosting package is backed up as set out in Backups. The Client should keep its own copies of its content and email.

1. Notice Period

1.1. 30 days’ cancellation notice is required for a Website Rental cancellation. The cancellation request must be submitted from within the Client Area (see Account Cancellation).

1.2. The notice period starts on the day we receive the cancellation request. The rental fee remains payable for the notice period.

2. Moving Your Hosting to Another Provider

2.1. Your Website Rental will be considered cancelled if you choose to move your hosting to another provider. Because a rented website is hosted on Squirrel Media servers for as long as the rental is active (see Website Rental Packages & Agreement), moving the hosting ends the rental.

2.2. The cancellation takes effect on the day the hosting is moved, or the day we receive the Client’s request to move it, whichever is earlier, and the rest of this clause applies as if the Client had cancelled on that day.

2.3. Should this fall within the first six (6) months of the rental (the Minimum Term), the Website Build Recovery Fee in 3 below applies.

2.4. The website is not released or moved with the hosting unless the Client has purchased it from us (see Buy-Out Policy).

3. Website Build Recovery Fee

3.1. The rental fee covers the cost of designing and building the website over the 6-month Minimum Term. If the Website Rental is cancelled, or considered cancelled, before the end of the Minimum Term, a Website Build Recovery Fee of R2,500.00 is payable to cover the website build costs not yet recovered, in addition to any amounts already owing.

3.2. The Website Build Recovery Fee is invoiced when the cancellation is processed and is payable immediately.

3.3. Where the Client has paid the full 6 months upfront, the Website Build Recovery Fee does not apply, and no refund is given for the unused part of the Minimum Term.

3.4. After the Minimum Term, a Website Rental can be cancelled on 30 days’ notice with no Website Build Recovery Fee.

4. What Happens When You Cancel

4.1. At the end of the notice period the website is taken offline. The website will not be released to the Client unless the Client has purchased it from us (see Buy-Out Policy).

4.2. The hosting package included with the rental ends with the rental. The Client has the option of moving its emails to another provider, or of keeping its email with Squirrel Media by signing up for a hosting or email hosting package at our current pricing.

4.3. Domain names are not cancelled automatically. The Client must move its emails and transfer or re-point its domain before the end of the notice period, as set out in Account Cancellation. Email and files left on the included hosting package are deleted when it ends.

4.4. Rental fees already paid are not refunded, except where the law requires it.

5. Consumer Protection Act

5.1. Where the Consumer Protection Act, 2008 applies to the Client, nothing in this clause limits the Client’s right to cancel a fixed-term agreement under section 14 of that Act. In that case the Website Build Recovery Fee is charged only to the extent that it is a reasonable cancellation fee as permitted by section 14 and its regulations.

1.1. Squirrel Media may suspend a rented website if any rental invoice is overdue, and may terminate the Website Rental if it remains unpaid 14 days after the due date.

1.2. Squirrel Media may suspend or terminate a rented website immediately if the website or the Client’s content breaches these Terms and Conditions, the Content Policy or any law, or infringes someone else’s rights.

1.3. A Website Rental terminated under 1.1 or 1.2 during the Minimum Term is treated as a cancellation by the Client, and the Website Build Recovery Fee in Cancellation & Website Build Recovery Fee applies, together with all amounts owing.

1.4. When a Website Rental ends for any reason, the website is removed and is not released to the Client unless it has been bought out.

1.1. Contact forms, maps, analytics, social media feeds and other third-party services on a rented website depend on those providers and are subject to their own terms (see Third-Party Services & Licences).

1.2. Squirrel Media does not guarantee search engine rankings, traffic, enquiries, sales or any other business results from a rented website.

1.3. The Warranties & Limitation of Liability clause applies to Website Rentals.

1.4. The availability of a rented website is subject to the Uptime Guarantee.

1.5. A rented website is built to display correctly on current versions of the major web browsers and on mobile, tablet and desktop screens at the time it is launched. Later changes made by browser, device or third-party providers may require updates, which are charged as set out in Website Changes, Updates & Upgrades.

All services provided by Squirrel Media may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of the laws of South Africa, Germany, the United Kingdom or United States Federal, State, Provincial or City law is prohibited.

This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization.

The subscriber agrees to indemnify and hold harmless Squirrel Media from any claims resulting from the use of the service which damages the subscriber or any other party.

Sites that promote any illegal activity or present content that may be damaging to Squirrel Media servers or any other server on the internet are prohibited. Links to such materials are also prohibited.

Examples of unacceptable content or links:

• Pirated software
• Hacker programs or archives
• Warez sites
• Online gambling
• Illegal pornography

Squirrel Media does not allow the hosting of web pages, links or content of any nature whatsoever which promotes or links to the websites of its competitors.
Any illegal activity, online gambling, spamming or hacking will result in your site being shut down.
Squirrel Media will be the sole arbiter as to what constitutes a violation of the Content Policy provision.

We reserve the right to refuse service to anyone for any reason not prohibited by law. We reserve the right to terminate service to any customer for any reason not prohibited by law.
Any deliberate attempt to cause damage to our servers, the Squirrel Media network or any other internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.

Abusive Conduct Towards Our Staff

Squirrel Media is committed to treating every Client with courtesy and respect, and we ask the same of our Clients in return. We will not tolerate abusive, threatening or offensive behaviour towards our owners, staff, contractors or agents, whether in person, by telephone, by email, through support tickets, on social media or by any other means.

This applies to the Client and to any person acting on the Client’s behalf, including its employees, contractors, developers and representatives.

1. What Counts as Abusive Conduct

1.1. Abusive conduct includes, but is not limited to:

• verbal abuse, shouting, swearing or offensive language;
• insults, name-calling or personal attacks;
• threats of any kind, including threats of violence or of harm to a person or their property;
• harassment, bullying, intimidation or stalking;
• discriminatory remarks, including racial, gender or religious slurs and hate speech;
• sexual remarks or unwanted advances;
• publishing false or defamatory statements about our staff, or naming or targeting individual staff members in abusive posts, including on social media;
• repeated calls, messages or tickets intended to harass, pressure or cause distress; and
• any other conduct which, in Squirrel Media’s reasonable opinion, has a negative impact on Squirrel Media, its staff or its other Clients, or is detrimental to the good order or reputation of Squirrel Media.

1.2. Squirrel Media will be the sole arbiter of whether conduct is abusive, acting reasonably and in good faith.

2. Action We May Take

2.1. Where a Client, or any person acting on the Client’s behalf, behaves abusively, Squirrel Media reserves the right, at its sole discretion, to:

• end the telephone call, meeting or chat, or close the support ticket concerned;
• issue a written warning;
• limit the Client’s support to written communication through support tickets only;
• refuse to provide further support or any new or additional Services to the Client;
• suspend the Client’s Services, for a period we decide based on the circumstances; and/or
• terminate the Client’s Services and this agreement.

2.2. We will usually issue a written warning first. However, where the conduct is serious or repeated after a warning, or includes any threat to the safety of our staff, we may suspend or terminate the Client’s Services immediately and without prior notice.

3. Consequences of Suspension or Termination

3.1. Where Services are suspended or terminated under this clause:

• no refund, pro-rata refund or credit will be given for any fees paid in advance;
• all amounts owing remain due and payable, and the Client may not withhold, defer or reduce any payment because of the suspension or termination;
• the Client has no claim against Squirrel Media, its owners, staff or agents arising from the suspension or termination; and
• the Client, and any business or person associated with the Client, may be refused Services by Squirrel Media in the future.

3.2. Where reasonably possible, we will give the Client written notice of the termination date so that the Client can back up their Content, as set out under Data After Cancellation or Termination.

4. Costs, Records and Legal Action

4.1. The Client is liable for all administrative and legal costs incurred by Squirrel Media as a result of the abusive conduct, including staff time lost and attorney’s fees.
4.2. Squirrel Media may keep records of abusive communications, including emails, tickets, chats and messages, and may use them as evidence.
4.3. Squirrel Media may report threatening or criminal conduct to the South African Police Service or other relevant authorities, may apply for a protection order under the Protection from Harassment Act, 2011, and may take any other civil or criminal action available to it in law.

You agree to use all Squirrel Media services and facilities at your own risk.

In no event shall Squirrel Media be liable for any loss, or loss of data either stored on our servers or stored as backups or accessed via remote support on your local hardware or devices, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Clients are responsible

Should a client request their WordPress/Joomla or any other CMS login details, once these details have been handed over, Squirrel Media will not be held liable for any changes made to the website that may result in errors, damage, or loss of functionality. We further reserve the right to charge the client to correct/restore their website.

Websites that are migrated from another server will undergo an infection/virus check prior to being migrated. Your website and all its contents are the responsibility of the business owner. Squirrel Media will not be held responsible for any loss of Data, website crashes due to but not limited to, lack of Maintenance, outdated plugins, incorrect configuration etc.
Updates or modifications should be carried out by a qualified professional to avoid potential issues. Our Web Developers can assist at an additional fee based on the scope of work required.

Upon signing up with Squirrel Media, we charge a once-off fee to migrate your current web hosting account from your previous hosting provider. This fee is determined by your current control Panel. Should a manual migration (Non-cPanel accounts), We charge a fee of R350.00 to migrate the account and create a cPanel. This fee is a once-off fee.

You agree that you shall defend, indemnify, save and hold Squirrel Media harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Squirrel Media, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by you, your agents, employees or assigns.

You agree to defend, indemnify and hold harmless Squirrel Media against liabilities arising out of:

• Any injury to person or property caused by any products sold or otherwise distributed in connection with Squirrel Media’s server;
• Any material supplied by you infringing or allegedly infringing on the proprietary rights of a third party;
• Copyright infringement;
• Any defective products sold to customers from Squirrel Media’s server.

Squirrel Media shall be the sole judge of what violates this Policy.

Squirrel Media and the Client must each comply with the Protection of Personal Information Act, 2013 (POPIA).

• For personal information that the Client stores or processes using our Services (for example, customer data on their website or in their mailboxes), the Client is the Responsible Party and Squirrel Media acts as an Operator. We process that information only as needed to provide the Services, in line with our Client Data Processing Agreement, and apply appropriate technical and organisational security measures.
• The Client warrants that it has a lawful basis for all personal information it processes using our Services, and that its own website displays an appropriate privacy notice and complies with POPIA, including the rules on direct marketing.
• Where we become aware of a security compromise affecting personal information that the Client holds on our Services, we will notify the Client without undue delay. As the Responsible Party, the Client is responsible for any notifications to the Information Regulator and to affected data subjects.
• Where our infrastructure or service providers are located outside the Republic of South Africa, personal information is only transferred as permitted by section 72 of POPIA.
• Squirrel Media’s own processing of the Client’s personal information is governed by our Privacy Policy.

Website Use & Cookies

By accessing or using our website (durbanwebsitedesign.co.za), you agree to these Terms and Conditions and to our Privacy Policy.

• This website uses no analytics or advertising cookies.
• The contact form sets one strictly necessary session cookie, which protects the form against forged submissions and expires when you close your browser.
• You may block or delete cookies in your browser settings; the contact form may then not work, and you can phone or email us instead.

• Our Services rely on third-party providers, including data centres, network providers, software vendors (such as cPanel, CloudLinux, LiteSpeed, cPGuard, Imunify360, JetBackup and Softaculous), payment gateways (such as PayFast), domain registries, and email platforms (such as Microsoft 365 and Google Workspace).
• Squirrel Media is not liable for any act, omission, outage, change, price increase or discontinuation by a third-party provider.
• We may replace any third-party product or provider with a reasonably equivalent alternative at any time.
• Software licences supplied with our Services are provided for use on our servers only, are non-transferable, and end when the related Service ends.

1. No Warranties

1.1. Except as expressly stated in these Terms and Conditions (including the Uptime Guarantee), all Services are provided “as is” and “as available”. Squirrel Media gives no warranty that the Services will be uninterrupted, error-free or completely secure, or that they will be fit for any particular purpose.

2. Excluded Losses

2.1. To the maximum extent permitted by law, Squirrel Media is not liable for any indirect, incidental, special or consequential loss or damage, including loss of profit, revenue, business, goodwill, data or opportunity, or business interruption, however caused.

3. Limit of Liability

3.1. To the maximum extent permitted by law, Squirrel Media’s total liability for all claims arising out of or in connection with the Services, whether in contract, delict or otherwise, is limited to the fees actually paid by the Client for the affected Service during the three (3) months immediately before the event giving rise to the claim.

4. Notice of Claims

4.1. Any claim must be notified to Squirrel Media in writing within thirty (30) days of the Client becoming aware of the event giving rise to it.

5. Exceptions

5.1. Nothing in these Terms and Conditions limits or excludes liability for fraud or gross negligence, or any other liability that cannot lawfully be limited or excluded.

• Squirrel Media may send all notices, invoices, reminders, suspension notices and other communications by email to the address registered on the Client’s account. The Client must keep its contact details in the Client Area up to date.
• A notice sent by email is deemed to have been received on the next business day after it was sent, unless the Client proves otherwise.
• In terms of the Electronic Communications and Transactions Act, 2002 (ECTA), the Client’s acceptance of these Terms and Conditions electronically (for example, by placing an order or ticking an acceptance box) is binding and does not require a signature.
• Our system records, logs and ticket history are sufficient proof of communications, orders and the Client’s acceptance, unless the Client proves otherwise.
• The Client chooses the physical address recorded on its account as the address for service of legal documents (domicilium citandi et executandi).

• These Terms and Conditions are governed by the laws of the Republic of South Africa.
• Any dispute should first be raised with us via a support ticket, and both parties will try in good faith to resolve it within fourteen (14) days. This does not prevent either party from seeking urgent relief or from recovering overdue amounts.
• The Client consents, in terms of section 45 of the Magistrates’ Courts Act, 1944, to the jurisdiction of the Magistrate’s Court having jurisdiction over the Client, even if the amount claimed would otherwise exceed that court’s jurisdiction. Squirrel Media may, at its election, instead institute proceedings in the High Court of South Africa, KwaZulu-Natal Division.

• Statutory rights. Nothing in these Terms and Conditions is intended to limit any right a Client has under the Consumer Protection Act, 2008 or the Electronic Communications and Transactions Act, 2002 that cannot lawfully be limited. Any clause that would do so applies only to the extent permitted by law.
• Severability. If any provision is found to be invalid or unenforceable, it is limited or severed to the minimum extent necessary, and the remaining provisions continue in full force.
• No waiver. Any relaxation, extension of time or indulgence by Squirrel Media does not waive any of our rights.
• Assignment. Squirrel Media may cede, assign, delegate or subcontract any of its rights and obligations. The Client may not do so without our prior written consent.
• Changes to Services. We may change, upgrade or discontinue features, software versions (such as PHP versions), servers or IP addresses, and may move Hosting Accounts between servers, with reasonable notice where practical.
• Survival. Clauses relating to payment, indemnities, intellectual property, data and limitation of liability survive the end of any Service.
• Entire agreement. The documents described under Definitions & Interpretation are the entire agreement between the parties. No other representation, promise or variation is binding unless it is in writing and agreed by Squirrel Media.