The following terms and conditions apply to all services, including blog development and design services, (the Services) provided by Namibianyze to the Client, in conjunction with any relevant quotation provided to the Client by Namibianyze (Terms), unless otherwise agreed in writing. Acceptance of a quote, purchase, and/or use of the Services shall be considered acceptance of the Terms.
Minimum Age Requirements
Our Services are not directed to children. You’re not allowed to access or use our Services if you’re under the age of 16. If you register as a user or otherwise use our Services, you represent that you’re at least 16. You may use our Services only if you can legally form a binding contract with us. In other words, if you’re under 18 years of age (or the legal age of the majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.
Responsibility of Visitors and Users
We haven’t reviewed, and can’t review, all of the content (like text, photo, video, audio, code, computer software, items for sale, and other materials) posted to or made available through our Services by users or anyone else (“Content”) or on blogs that link to, or are linked from, our Services. We’re not responsible for any use or effects of Content or third-party blogs. So, for example:
– We don’t have any control over third-party blogs.
– A link to or from one of our Services does not represent or imply that we endorse any third-party blog.
We don’t endorse any Content or represent that Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties. You’re fully responsible for the Content available on your blog, and any harm resulting from that Content. It’s your responsibility to ensure that your blog’s Content abides by applicable laws and by the Agreement. We aren’t responsible for any harm resulting from anyone’s access, use, purchase, or downloading of Content, or for any harm resulting from third-party blogs. You’re responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Any Content that’s for sale through any of our Services is the seller’s sole responsibility, so you must look solely to the seller for any damages that result from your purchase or use of Content. We are not a party to and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content. Please note that additional third-party terms and conditions may apply to Content you download, copy, purchase, or use.
Charges for the Services are defined in the project quotation that the Client receives from Namibianyze via email. Quotations are valid for 30 days. Namibianyze reserves the right to alter a quotation or decline to provide the relevant Services after the expiry of the 30 days. Unless agreed otherwise with the Client, all blog design services require an advance payment of a minimum of thirty-three (33) per cent of the project quotation total before the work commences. The second payment of thirty-three (33) per cent is required after the client review and design sign-off stage, with the remaining percentage of the project quotation total due upon completion of the work, before upload to the server or release of materials. The Client agrees to reimburse Namibianyze for any additional expenses necessary for the completion of the work. Expenses may include (but are not limited to) the purchase of URL names, special fonts, and stock photography. All Charges are exclusive of VAT.
Invoicing and payment
Namibianyze shall submit invoices in line with the timescales above. Invoices are normally sent via email, but hard copy invoices are available on request. Payment is due on receipt of the invoice by the Client. Payment for services is due by cheque or bank transfer. Cheques should be made payable to Namibianyze Limited and sent to Namibianyze. Bank details will be made available on invoices. If the Client fails to make any payment due to Namibianyze by the due date for payment, then, without limiting Namibianyze’s remedies under or in connection with these terms and conditions, the Client shall pay interest on the overdue amount at the rate of 4% per annum above the Bank of Namibia’s base rate from time to time. Such interest shall accrue daily from the due date until actual payment of the overdue amount, whether before or after judgment. The Client shall pay the interest together with the overdue amount. Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Namibianyze’s webspace, Namibianyze will, at its discretion, remove all such material from its web space. Namibianyze is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will be assessed a return charge of N$25 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Namibianyze reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Namibianyze in enforcing these Terms.
Namibianyze will provide the Client with an opportunity to review the appearance and content of the blog during the design phase and once the overall blog development is completed. After the project, such materials will be deemed to be accepted and approved unless the Client notifies Namibianyze otherwise within ten (10) days of the date the materials are made available to the Client.
Turnaround Time and Content Control
Namibianyze will install and publicly post or supply the Client’s blog by the date specified in the project proposal, or at the date agreed with Client upon Namibianyze receiving initial payment, unless a delay is specifically requested by the Client and agreed by Namibianyze. In return, the Client agrees to provide Namibianyze promptly with all necessary co-operation, information, materials, and data, access to staff, and timely decision-making which may be reasonably required by Namibianyze for the performance of the Services. This shall include the Client delegating a single individual as a primary contact to aid Namibianyze with progressing the commission satisfactorily and expediently. During the project, Namibianyze will require the Client to provide blog content; text, images, movies, and sound files, along with any relevant background information.
Failure to provide required blog content
Namibianyze is a small business, and to remain efficient we must ensure that the work we have programmed is carried out at the scheduled time. On occasions, we may have to reject offers for other work and inquiries to ensure that your work is completed at the time arranged. This is why we ask that the Client provides all the required information in advance. On any occasion where progress cannot be made with the Client’s blog because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25% of the Charges. If the Services involve Search Engine Optimisation we need the text content for the Client’s blog in advance so that the SEO can be planned and completed efficiently. If the Client agrees to provide us with the required information and subsequently fails to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, do not give us the go-ahead to start until you are ready to do so. NOTE: Text content must be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your blog. These pages must have the same titles as the agreed blog pages. Contact us if you need clarification on this. Using our content management system, the Client can keep their content up to date itself.
Namibianyze makes every effort to ensure blogs are designed to be viewed by the majority of visitors. blogs are designed to work with the most popular current browsers (e.g. Firefox, Google Chrome, Microsoft Edge, etc.). The Client agrees that Namibianyze cannot guarantee correct functionality with all browser software across different operating systems. Namibianyze cannot accept responsibility for web pages that do not display acceptably in new versions of browsers released after the blog has been designed and handed over to the Client. As such, Namibianyze reserves the right to quote for any work involved in changing the blog design or blog code for it to work with updated browser software.
Termination of services by the Client must be requested in an Email notice and will be effective on receipt of such notice. Telephone or SMS requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for work completed (including any expenses incurred, as outlined in clause 1) to the date of first notice of cancellation for payment in full within thirty (30) days.
All Namibianyze services may be used for lawful purposes only. The Client agrees to indemnify and hold harmless Namibianyze against all damages, losses, and expenses arising as a result of any actions or claims resulting from the Client’s use of Namibianyze’s service.
Background IP means any IP Rights, other than Foreground IP, that is used in connection with these Terms. Foreground IP means any IP Rights that arise or are obtained or developed by, or by a contractor on behalf of, either party in respect of the services and deliverables under or in connection with these Terms. IP Rights means patents, utility models, rights to inventions, copyright and neighbouring and related rights, trade-marks and service marks, business names and URL names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world. All Background IP, including but not limited to any IP Rights in data, files, and graphic logos provided to Namibianyze by the Client, is and shall remain the exclusive property of the party owning it (or, where applicable, the third party from whom its right to use the Background IP has derived). The Client hereby grants Namibianyze a non-exclusive license to publish and use such material, which may be sub-licensed to any contractor acting on behalf of Namibianyze. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Namibianyze permission and rights for use of the same. A contract for blog design and/or placement shall be regarded as a guarantee by the Client to Namibianyze that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested. The Client shall indemnify and hold harmless Namibianyze against all damages, losses, and expenses arising as a result of any actions or claims that any materials provided to Namibianyze by or on behalf of the Client infringe the IP Rights of a third party. All Foreground IP shall vest in and be owned absolutely by the party creating or developing it. Namibianyze hereby grants the Client a non-exclusive license of such Foreground IP to operate the blog.
Each party (the Receiving Party) shall use its reasonable endeavours to keep confidential all information and documentation disclosed by the other party (the Disclosing Party), before or after the date of these Terms, to the Receiving Party or of which the Receiving Party becomes aware which in each case relates to any software, operations, products, processes, dealings, trade secrets or the business of the Disclosing Party (including without limitation all associated software, specifications, designs, and graphics) or which is identified by the Disclosing Party as confidential (the Confidential Information) and will not use any Confidential Information for any purpose other than the performance of its obligations under these Terms. The Receiving Party shall not disclose Confidential Information to any third party without the prior written consent of the Disclosing Party. This clause shall survive the termination of these Terms for whatever cause. During the term of these Terms, the Receiving Party may disclose the Confidential Information to its employees and sub-contractors (any such person is referred to as the Recipient) to the extent that it is reasonably necessary for these Terms. The Receiving Party shall procure that each Recipient is made aware of and complies with all the Receiving Party’s obligations of confidentiality under these Terms as if the Recipient was a party to these Terms. The obligations in this clause shall not apply to any Confidential Information which is:
- at the date of these Terms already in, or at any time after the date of these Terms comes into, the public URL other than through a breach of these Terms by the Receiving Party or any Recipient;
- furnished to the Receiving Party or any Recipient without restriction by a third party having a bona fide right to do so;
- or required to be disclosed by the Receiving Party by law or regulatory requirements, provided that the Receiving Party shall give the Disclosing Party as much notice as reasonably practicable of the requirement for such disclosure.
All tangible forms of Confidential Information, including, without limitation, all summaries, copies, excerpts of any Confidential Information whether prepared by the Disclosing Party or not, shall be the sole property of the Disclosing Party and shall be immediately delivered by the Receiving Party to the Disclosing Party upon the Disclosing Party’s request or the termination of these Terms (whichever is earlier). The Receiving Party shall not copy, reproduce, publish or distribute in whole or in part any Confidential Information without the prior written consent of the Disclosing Party.
For this clause, Data Protection Law means the General Data Protection Regulation, the Data Protection Act, or any other data protection and/or privacy laws applicable to Namibianyze, and any applicable laws replacing, amending, extending, re-enacting, or consolidating the above from time to time. Both parties will comply with all applicable requirements of Data Protection Law. This clause is in addition to and does not relieve, remove or replace, a party’s obligations or rights under Data Protection Law. The Client will comply with Data Protection Law in connection with the collection, storage, and processing of personal data (which shall include you providing all the required fair processing information to, and obtaining all necessary consent from, data subjects), and the exercise and performance of your respective rights and obligations under these terms and conditions, including all instructions given by the Client to Namibianyze and maintaining all relevant regulatory registrations and notifications as required under Data Protection Law. The parties acknowledge that if Namibianyze processes any personal data on the Client’s behalf when performing its obligations under this agreement, the Client is the controller and Namibianyze is the processor for Data Protection Law. The scope, nature, and purpose of the processing by Namibianyze, the duration of the processing, and the types of personal data and categories of the data subject are set out in our Privacy Notice and the project quotation.
Concerning the processing of personal data under these terms and conditions, Namibianyze shall:
- process personal data on the Client’s behalf only on and per the Client’s documented instructions as set out in this clause 11 (as updated from time to time by agreement between the parties), unless required to do so by applicable law;
- in such a case, we shall inform you of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest; ensure that persons authorised to process personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
- implement and maintain appropriate technical and organisational measures concerning the processing of personal data; you hereby acknowledge that you are satisfied that our processing operations and technical and organisational measures are suitable for the purposes for which you propose to use our services and engage us to process the personal data;
- promptly refer all data subject requests we receive to you and, considering the nature of the processing, assist you by appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of your obligation to respond to requests for exercising the data subject’s rights laid down in Chapter III of the GDPR;
- assist you in ensuring compliance with the obligations according to Articles 32 to 36 of the GDPR, considering the nature of processing and the information available to us and only if you cannot reasonably be expected to comply with the requirements of Articles 32 to 36 without our information and/or assistance (e.g. you do not possess or otherwise have access to the information requested). We may charge our reasonable costs on a time and materials basis in providing you with such assistance;
- retain personal data per the retention periods set out in our Privacy Notice;
- make available to you all information necessary to demonstrate compliance with the obligations laid down in Article 28(3) and allow for and contribute to audits, including inspections, conducted by you or another auditor mandated by you provided:
- you give us at least 7 days prior notice of an audit or inspection is required;
- you give us a reasonable time to comply with any information request;
- ensuring that all information obtained or generated by you or your auditor(s) in connection with such information requests, inspections and audits is kept strictly confidential;
- ensuring that such audit or inspection is undertaken during normal business hours, with minimal disruption to our business;
- no more than one audit and one information request is permitted per calendar year, and
- paying our reasonable costs for assisting with the provision of information and allowing for and contributing to inspections and audits;
- take reasonable steps to ensure the reliability of anyone whom we allow to have access to personal data, ensuring that in each case access is limited to those individuals who need to know or access the relevant personal data, as necessary for the Terms;
- and notify the Client without delay (and if possible within 24 hours) upon us or any sub-processor becoming aware of a personal data breach affecting personal data processed on the Client’s behalf, providing the Client with sufficient information to allow you to meet any obligations to report or inform data subjects of the personal data breach.
The Client hereby gives Namibianyze consent to engage sub-processors for processing of personal data on your behalf. We shall inform the Client before transferring any personal data processed on your behalf to a new sub-processor. Following receipt of such information, you shall notify us if you object to the new sub-processor. If you do not object to the sub-processor within seven calendar days of receiving the information, you shall be deemed to have accepted the sub-processor. If you have raised a reasonable objection to the new sub-processor, and the parties have failed to agree on a solution within a reasonable time, the Client shall have the right to terminate these Terms with a notice period determined by the Client, without prejudice to any other remedies available under law or contract. During the notice period, we shall not transfer any personal data processed on the Client’s behalf to the sub-processor. Namibianyze shall enter into appropriate written agreements with all of its sub-processors on terms substantially similar to these Terms. We shall remain primarily liable to the Client for the performance or non-performance of the subprocessor’s obligations. Upon your request, we are obliged to provide information regarding any sub-processor, including name, address and the processing carried out by the sub-processor. We will not transfer personal data processed on your behalf to a country outside Namibia that is not recognised to have an adequate level of protection per Data Protection Law unless the transfer is effected by such legally enforceable mechanism(s) for transfers of personal data as may be permitted under Data Protection Laws from time to time.
Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (Word or Google Docs delivered via USB drive, e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Namibianyze to return to the Client any images or printed material provided for use in the creation of the Client’s blog, such return cannot be guaranteed.
Design Credit and Marketing
A link to Namibianyze will appear in either a small type or by a small graphic at the bottom of the Client’s blog. If a graphic is used, it will be designed to fit in with the overall blog design. The Client agrees that the blog developed for the Client may be presented in Namibianyze’s portfolio, and hereby grants Namibianyze a worldwide, perpetual, non-exclusive licence to use its name, logo and branding for advertising, marketing and promotional activities.
Namibianyze designs and tests blogs to work on their servers, and cannot guarantee correct functionality if the Client wishes to use a third-party server. If the Client is using a third-party server, it is the responsibility of the Client and any third-party host to ensure that the server is compatible with the blog. Namibianyze will assist the Client to configure the server if this is required. However, this may be subject to additional charges. If the Client’s blog is to be installed on a third-party server, Namibianyze must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
If the Client wishes to make alterations to the blog once installed, the Client agrees to allow Namibianyze to quote to provide such alterations. There is no obligation on the Client to accept the quote provided by Namibianyze. Namibianyze cannot accept responsibility for any alterations caused by the Client or a third party occurring to the blog once installed. Such alterations include, but are not limited to additions, modifications or deletions.
Namibianyze may reserve URLs on behalf of the Client. Payment concerning, and renewal of, those URLs is the responsibility of the Client. The loss, cancellation or otherwise of the URL brought about by non or late payment is not the responsibility of Namibianyze. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
Any third-party software which Namibianyze agrees to provide shall be supplied per the relevant licensor’s standard terms. No licence fee for such third-party software is included in the Charges payable.
These Terms constitute the entire agreement between the parties and supersede all previous representations, promises, assurances, warranties, understandings, and agreements between them, whether written or oral, relating to their subject matter. A failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. These Terms do not give rise to rights under the Contracts to enforce any part of these Terms. No variation of these Terms shall be effective unless it is in writing and signed by the parties (or their authorised representatives). A notice given to a party under or in connection with these Terms shall be in writing and English, by email or next working day delivery service. Notices to the Client shall be sent to the email address or address last notified to Namibianyze. Notices to Namibianyze shall be sent to the email address or address set out at https://nam.na/contact
Namibianyze will honour the components of your chosen digital marketing scope of work, providing an agreement to a minimum 3 months contract is served and monthly payments are received in advance. If payment is not received on time, we regret that further work will be halted until this is rectified.
Nothing in these Terms shall operate to exclude or limit either party’s liability for
- death or personal injury caused by its negligence;
- fraud; or
- any other liability which cannot be excluded or limited under applicable law.
Namibianyze shall not be liable under or in connection with these Terms or any collateral contract for any:
- loss of revenue;
- loss of actual or anticipated profits;
- loss of contracts;
- loss of business;
- loss of opportunity;
- loss of goodwill or reputation;
- loss of, damage to or corruption of data;
- any indirect or consequential loss;
- loss or damage caused by any inaccuracy, omission, delay or error, whether as a result of negligence or other cause in the production of the blog; or
- loss or damage to the Client’s artwork/photos supplied for the blog, whether as a result of negligence or otherwise.
The entire liability of Namibianyze to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the original provision.
Governing Law and Jurisdiction
These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed per the law of Namibia. Each party irrevocably agrees that the court of Namibia shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation.
Fees Collected by blog Owners
Fees Paid to blogs or blog Owners. Blog owners can sell items (goods, content, services, etc.), offer subscriptions for their blogs at specific price points and intervals, or simply collect payments. We’re not involved in a blog’s subscription details or store operations (including the quality, timing, pricing, or legality of what may or may not be included in exchange for payment, or any goods or services purchased). If you buy items or subscriptions from a blog, you’re making the purchase directly from the blog owner, and they’re solely responsible for the items sold. Please contact the blog owner if you have any questions or complaints.
Illegal content and conduct Intellectual property infringement.
Namibianyze is a publishing, rather than a file-sharing platform, so we recognize that copyrighted materials are often used in fair use context. We strongly support this and urge copyright holders to take this into consideration before submitting complaints. If you’re not sure, the golden rule is to always ask the rights holder for permission before republishing their content. We know that there may be different definitions of this, but generally, we define pornography as visual depictions of sexually explicit acts. Discussing gambling on your blog isn’t a problem. What about operating an online gambling service (including poker)? No dice. Please also be aware that if your blog is primarily designed to link to other gambling blogs, we consider this spam and a breach of the user guidelines.
Technologically harmful content.
Please don’t upload or link to malware, spyware, adware, or other malicious or destructive code. Don’t claim to be a person or organization you’re not. (Parody and satire are ok though!)
Calls to violence.
We prohibit content that incites, encourages, threatens, or promotes acts of violence against individuals or groups of people. We also remove content that glorifies acts of violence or its perpetrators. This does not mean that we will remove all hyperbolic or generally offensive language.
Posting private information.
Don’t share someone’s personal information without their consent. This includes collecting sensitive information in Contact Forms such as account passwords and credit card numbers, to name a couple. Advertising isn’t permitted unless you use our approved networks.
Spam or machine-generated content.
You know what this is, but in general, blogs such as those primarily dedicated to driving traffic to third-party blogs, boosting SEO, phish, spoofing, or promoting affiliate marketing aren’t cool. We don’t want you to pollute the web outside of Namibianyze either, so we ask you to please avoid sending unwanted or unsolicited promotions or emails about your blog, even if it’s not on Namibianyze. Bear in mind that these are just guidelines — interpretations are solely up to us. These guidelines are not exhaustive and are subject to change. If you believe a Namibianyze blog has violated our Terms of Service or any of these policies, please report the blog. We aim to promptly review and investigate all complaints that we receive, but if and how we respond will depend on a variety of factors, such as the information available to us and the type of violation. We may also contact the blog owner to inform him/her of the complaint. If we’re not in a position to make a determination (for example, whether something is defamatory or not), we defer to the judgment of a court.
Your Namibianyze blog’s URL.
If you create a blog on Namibianyze, you get free use of a Namibianyze-owned URL, like https://company.nam.na or https://city.nam.na. You must not engage in “URL squatting,” claim an unreasonable number of URLs (as determined by us) or sell access to any URLs. By uploading or sharing Content, you grant us a worldwide, royalty-free, transferable, sub-licensable, and non-exclusive license to use, reproduce, modify, distribute, adapt, publicly display, and publish the Content solely for the purpose of providing and improving our products and services and promoting your blog. This license also allows us to make any publicly-posted Content available to select third parties so that these third parties can analyze and distribute (but not publicly display) the Content through their services.
If you delete Content, we’ll use reasonable efforts to remove it from public view (or in the case of a private blog, from view by the authorized visitors) on Namibianyze, but you acknowledge that cached versions of the Content or references to the Content may not be immediately unavailable.
We may use a third-party service to measure Namibianyze’s audience and usage. By having your blog on Namibianyze, you agree to assign the traffic for your blog to Namibianyze, and you authorize us to sign a Traffic Assignment Letter on your behalf. This means that your blog’s traffic may be included under Namibianyze, your blog may not receive credit for traffic in the respective reports, and you must not assign your blog’s traffic to any other party. If we require additional documentation to verify ownership of your blog or URL name, you agree to make reasonable efforts to provide it.
Your Content and conduct must not violate the legal usage terms. We offer free HTTPS on all Namibianyze blogs by default, including those using custom URLs, via Let’s Encrypt. By signing up and using a custom URL on Namibianyze, you authorize us to act on the URL name registrant’s behalf (by requesting the necessary certificates, for example) for the sole purpose of providing HTTPS on your blog. We may display advertisements on your blog unless you have purchased a plan that includes the removal of ads. We may display attribution text or links in your blog footer or toolbar, noting that your blog is powered by Namibianyze or attributing the creator of your theme, for example.