Welcome to BayMarketingCo.com (“Website”), operated by Bay Marketing Co. (“we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our services, including web hosting, web management, web development, marketing, and related services (collectively, “Services”).
All payments for Services are invoiced and processed in South African Rand (ZAR) via direct debit (debit orders) using an electronic mandate (“e-mandate”). You are not required to create an account with WHMCS (Web Host Manager Complete Solution). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Services.
1. Acceptance of Terms
By using our Services or authorizing an e-mandate for payment, you represent that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
2. Changes to Terms
We reserve the right to modify or update these Terms at any time, at our sole discretion. Changes will be effective immediately upon posting the updated Terms on the Website. We will notify you of material changes via email or other reasonable means. Your continued use of the Services after such changes constitutes your acceptance of the revised Terms.
3. Description of Services
3.1 Web Hosting
We provide web hosting services, including shared hosting, domain registration, email accounts, and website management tools via the Softaculous installer and DirectAdmin control panel. Service details, such as storage, bandwidth, and pricing, are specified in your selected hosting package.
3.2 Web Management
Our web management services include website maintenance, content updates, performance optimization, security monitoring, and backup management. These services are tailored to your needs and outlined in your service agreement.
3.3 Web Development
We offer web development services, including website design, custom development, e-commerce solutions, and integration with third-party platforms. Project scope, deliverables, and timelines are defined in a separate project agreement.
3.4 Marketing Services
Our marketing services include digital marketing (e.g., search engine optimization, pay-per-click advertising, social media management), content creation, email marketing, and branding. Service details are specified in your marketing plan or campaign agreement.
3.5 Related Services
We may provide additional services, such as graphic design, analytics reporting, or consultation, as agreed upon in your service contract. All Services are subject to these Terms unless otherwise specified.
4. Use of Services
4.1 Permitted Use
You agree to use our Services only for lawful purposes and in accordance with these Terms and our Acceptable Use Policy (AUP), available upon request. Prohibited activities include, but are not limited to:
- Hosting, transmitting, or promoting illegal, obscene, defamatory, or infringing content.
- Engaging in spamming, hacking, phishing, or other malicious activities.
- Overloading server resources or disrupting service performance for other users.
- Using our Services to distribute viruses, malware, or harmful software.
4.2 Service Availability
We aim to provide reliable Services but do not guarantee 100% uptime or uninterrupted access. We are not liable for interruptions caused by factors beyond our control, such as third-party network failures, force majeure events, or emergency maintenance. Scheduled maintenance will be communicated via email or other reasonable means.
5. Payment and Direct Debit with E-Mandate
5.1 Billing
All fees for Services are invoiced and processed in South African Rand (ZAR). Fees are outlined in your selected package, project agreement, or marketing plan. Invoices are issued 15 days before the due date, and payment is due on the first day of each billing cycle (monthly, quarterly, or annually, as applicable) for recurring Services, or as specified for one-time Services.
5.2 Direct Debit and E-Mandate Authorization
To use our Services, you must complete and authorize an e-mandate, which we will send to you via email or SMS. The e-mandate authorizes Bay Marketing Co. or its nominated payment processor to debit your nominated bank account via direct debit (debit order) for the full amount of each invoice in ZAR, including taxes or fees, on or about the due date. If your bank account is denominated in a currency other than ZAR, your bank may convert the ZAR amount to your account’s currency at the prevailing exchange rate, and you will be responsible for any conversion fees or charges imposed by your bank. By signing or electronically accepting the e-mandate, you agree:
- To provide accurate banking details and ensure sufficient funds to cover debit orders in ZAR.
- To bear any bank fees, penalties, or currency conversion charges for failed debit orders or non-ZAR accounts, including a R50 administration fee per failed transaction.
- That failed debit orders will not be resubmitted; overdue amounts must be settled via credit/debit card (MasterCard or Visa) until the account is current. A service fee may apply to card payments, as determined by our bank.
- To notify us at least 10 business days in advance of any changes to your banking details or cancellation of the e-mandate.
- That the e-mandate remains in effect until you cancel your Services in accordance with Section 10 or until we receive written notice of e-mandate cancellation, subject to any outstanding obligations.
5.3 E-Mandate Process
- Upon subscribing to our Services, you will receive an e-mandate via email or SMS, which includes details of the payment amount in ZAR, frequency, and bank account to be debited.
- You must review, sign, or electronically accept the e-mandate to initiate Services. Failure to complete the e-mandate may delay or prevent service activation.
- The e-mandate complies with South African payment regulations, including authentication requirements for debit orders. For non-ZAR accounts, you must confirm with your bank that ZAR debit orders are supported.
5.4 Alternative Payment Methods
If a debit order fails, we accept credit/debit card payments (MasterCard or Visa) to settle overdue amounts. A service fee may apply to card payments, as determined by our bank. All payments, including card payments, are processed in ZAR, and any currency conversion fees are your responsibility.
5.5 Overdue Accounts
Accounts with overdue balances may be suspended without notice if payment is not received within 7 days of the due date. Suspended accounts may incur a reactivation fee. We reserve the right to pursue legal remedies or engage a debt recovery agent for outstanding amounts.
5.6 Refunds
We offer a 30-day money-back guarantee for shared web hosting plans, applicable within 30 days of service activation. Refunds exclude domain registration, renewal fees, setup fees, and non-recurring Services (e.g., web development or marketing campaigns), which are non-refundable. Refunds will be processed in ZAR to the original payment method within 5 business days.
6. Intellectual Property
6.1 Our Content
All content, software, designs, and tools provided through our Services, including the DirectAdmin control panel, Softaculous installer, and marketing materials created by us, are owned by Bay Marketing Co. or our licensors and protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use these materials for your Service-related needs.
6.2 Your Content
You retain ownership of all content you upload, create, or provide to us (“User Content”), including website content, marketing materials, or data. By using our Services, you grant us a worldwide, non-exclusive, royalty-free license to use, host, store, modify, and reproduce your User Content as necessary to provide the Services. You represent that your User Content does not infringe any third-party rights or violate applicable laws.
6.3 Deliverables
For web development and marketing Services, ownership of deliverables (e.g., website code, designs, or campaign assets) transfers to you upon full payment, unless otherwise specified in your project agreement. We retain the right to showcase deliverables in our portfolio unless agreed otherwise.
7. Data Protection and Backups
7.1 Data Protection
We comply with the Protection of Personal Information Act (POPIA) of 2013 and other applicable data protection laws. Our data protection practices are outlined in our Privacy Policy and Data Protection Agreement, available on our Website.
7.2 Backups
For web hosting and web management Services, we provide courtesy backups as a convenience. Backups are not guaranteed, and we are not liable for data loss due to backup failures. Accounts exceeding 10 GB of disk space or 100,000 files may have backups disabled to maintain server performance. You are responsible for maintaining your own backups.
8. Third-Party Services
Our Services integrate with third-party tools, such as DirectAdmin, Softaculous, domain registrars, and marketing platforms (e.g., Google Ads, Meta). Your use of these tools is subject to their respective terms and conditions. We are not responsible for the performance, security, or policies of third-party services.
9. Limitation of Liability
To the fullest extent permitted by law, Bay Marketing Co., its affiliates, officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, profits, or business opportunities, arising from your use of or inability to use our Services, even if advised of the possibility of such damages. Our total liability shall not exceed the amount paid by you for the Services in the preceding 12 months.
10. Termination and Cancellation
10.1 By You
You may cancel recurring Services (e.g., web hosting or web management) by providing written notice to us at least 30 days before the end of your billing cycle. Non-recurring Services (e.g., web development or marketing campaigns) may be terminated as specified in your project agreement. Cancellation does not waive your obligation to pay outstanding invoices. To cancel the e-mandate, you must notify us in writing, and cancellation will take effect after any outstanding payments are settled.
10.2 By Us
We may suspend or terminate your Services, with or without notice, for reasons including but not limited to:
- Non-payment of fees.
- Violation of these Terms or our AUP.
- Suspected fraudulent or illegal activity.
Upon termination, your data may be deleted, and you will lose access to all Services.
11. Governing Law and Dispute Resolution
These Terms are governed by the laws of South Africa, without regard to its conflict of law principles. Any disputes arising under these Terms will be resolved exclusively in the courts located in Cape Town, South Africa, and you consent to the jurisdiction of such courts.
12. Miscellaneous
12.1 Entire Agreement
These Terms, together with our Privacy Policy, AUP, Data Protection Agreement, and any project agreements, constitute the entire agreement between you and Bay Marketing Co. regarding our Services.
12.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
12.3 Contact
For questions, support, or to manage your e-mandate, contact us at:
Bay Marketing Co.
Website:https://baymarketingco.com/contact/
By using our Services or authorizing an e-mandate, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.