Terms and conditions

1. Introduction and acceptance of terms

Welcome to Incubation Station! These Terms of Service (“Terms“) govern your access to and use of the Incubation Station website, located at https://www.incubationstation.co.za (the “Website“), and any services provided by Incubation Station (collectively, the “Service“). Incubation Station operates as an agency, offering various digital and creative services. When you access or use the Website or Service, you are agreeing to these Terms. If you don’t agree with any part of these Terms, you shouldn’t use our Service.

These Terms form a legally binding agreement between you, the User, and Incubation Station. We’ve tried to make them clear and straightforward. Your continued use of the Website means you accept these Terms in full.

2. Who we are and what we do

Incubation Station is an ad-hoc IT services company based in Blairgowrie, Randburg, Johannesburg, South Africa. We provide desktop and server support, website design and support, domain registration and internet services, and website and email hosting (collectively, our “IT Services”). Our Website serves as a platform to describe our services, communicate with clients, and facilitate aspects of our operations, including providing information about our services and sharing project updates. We are committed to delivering high-quality IT services to our clients.

Specific engagements (for example, a support callout, a website build, or a hosting package) may be governed by a separate quotation, invoice, or service agreement. Where such a document conflicts with these Terms, the specific agreement takes precedence for that engagement.

3. Your account and responsibilities

3.1 Account creation

To access certain features of the Service, you may need to create an Account with Incubation Station. This might be necessary for clients to manage projects, provide feedback, or access specific resources. When you register for an Account, you agree to provide accurate, current, and complete information. You also agree to update this information promptly if it changes. We rely on this information to communicate with you effectively.

3.2 Account Security

You are solely responsible for maintaining the confidentiality of your Account login credentials, including your password. You are also responsible for all activities that occur under your Account. If you suspect any unauthorized use of your Account, you must notify Incubation Station immediately at [email protected]. We can’t be held liable for any loss or damage arising from your failure to protect your Account information.

3.3 Account Usage

Your Account is for your personal or business use only, as applicable. You may not transfer or assign your Account to any other person or entity. Any such attempt will be void. We expect you to use your Account responsibly and in compliance with these Terms.

4. Acceptable use policy

When you use the Incubation Station Website and Service, you agree to abide by certain rules. This ensures a safe and productive environment for everyone. You agree not to:

• Use the Service for any unlawful purpose or in any way that violates any applicable local, national, or international law.
• Post or transmit any content that is defamatory, obscene, offensive, hateful, or otherwise objectionable.
• Engage in any activity that could harm Incubation Station, its Users, or third parties, such as distributing viruses or other malicious code.
• Attempt to gain unauthorized access to any part of the Website, other Users’ Accounts, or any computer systems or networks connected to the Service.
• Interfere with or disrupt the integrity or performance of the Service or the data contained therein.
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Collect or store personal data about other Users without their express consent.
• Use the Service to send unsolicited advertising, promotional materials, or spam.

Violation of this Acceptable Use Policy may result in the immediate termination of your Account and access to the Service, and may also lead to legal action.

5. Hosting, domain, and internet services

Where Incubation Station provides hosting, domain registration, email, or related internet services, the following additional terms apply:

5.1 Payment and Suspension

Hosting and related services are billed in advance for the applicable billing cycle. If payment is not received when due, we may, after reasonable notice, suspend the affected services (which may include your website and email) until payment is made. Repeated or extended non-payment may result in termination of the service.

5.2 Backups and Your Data

We take reasonable steps to back up hosted data, but backups are provided on a best-effort basis and are not guaranteed. You remain responsible for keeping your own independent copies of your website files, databases, email, and other important data. We are not liable for data loss except where caused by our gross negligence.

5.3 Data on Cancellation or Termination

If a hosting service is cancelled or terminated, we will retain your hosted data (website files, databases, and email) for up to 30 days after the service ends, during which you may request an export of your data. After this period, the data may be permanently deleted. If a service was terminated for a serious breach of these Terms, we may shorten this retention period where reasonably necessary.

5.4 Domain Names

Domain names we register on your behalf are registered in your name (or your business’s name) wherever the registry permits, and remain yours. Domain registrations and renewals are subject to the rules and terms of the relevant registry and registrar (for example, the .za Domain Name Authority for .co.za domains). Renewals require timely payment; if a domain is not renewed on time it may enter a redemption period (which can carry additional fees) or be lost entirely and become available for registration by third parties. We are not responsible for the loss of a domain due to late or non-payment of renewal fees.

5.5 Fair Use

Hosting resources (storage, bandwidth, email volumes) are subject to the limits of your chosen package and to fair use. Services may not be used to send spam, host unlawful content, or run activities that degrade service for other clients.

6. Intellectual property rights

6.1 Our Content

All content on the Incubation Station Website, including text, graphics, logos, images, software, and the compilation thereof, is the property of Incubation Station or its content suppliers and is protected by copyright, trademark, and other intellectual property laws. This includes our agency’s portfolio, case studies, and branding. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as generally permitted by the Service or with our express written permission.

6.2 Your Content

If you submit any content to the Website (for example, project briefs, feedback, or comments), you grant Incubation Station a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with the Service and Incubation Station’s business. This means we can use your feedback to improve our services or display your project brief internally for our team. You represent and warrant that you own or have the necessary rights to grant us this license for any content you submit.

7. Third-party links and services

The Website may contain links to third-party websites or services that are not owned or controlled by Incubation Station. For example, we might link to a client’s live website or a partner’s service. Incubation Station has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We don’t endorse or make any representations about them. You acknowledge and agree that Incubation Station shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We also use third-party tools like Google Analytics to understand how our Website is used. This helps us improve the Service. These tools may use tracking cookies and similar technologies to collect information about your browsing behavior. By using the Website, you consent to the use of such cookies and tracking technologies as described in our Privacy Policy. You can usually manage your cookie preferences through your browser settings.

8. Disclaimer of warranties

The Service and all content on the Website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Incubation Station does not make any representations or warranties regarding the accuracy, completeness, security, reliability, availability, or performance of the Website or Service. We don’t guarantee that the Service will be uninterrupted, error-free, or free of viruses or other harmful components. You use the Service at your own sole risk. For example, while we strive for accuracy in our portfolio, we can’t guarantee every detail will be perfectly current at all times.

9. Limitation of liability

To the fullest extent permitted by applicable law, in no event shall Incubation Station, its affiliates, directors, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Our total aggregate liability to you for any and all claims arising out of or relating to these Terms or your use of the Service shall not exceed the total fees paid by you to Incubation Station for the specific Service giving rise to the claim in the twelve (12) months preceding the event giving rise to the claim, or ZAR 1,000.00 (one thousand South African Rand) if you have not made any payments to us in that period, whichever is greater.

Nothing in these Terms excludes or limits any right or remedy you have under the Consumer Protection Act, 2008, the Electronic Communications and Transactions Act, 2002, or any other applicable law, to the extent that such right or remedy cannot lawfully be excluded or limited.

10. Indemnification

You agree to defend, indemnify, and hold harmless Incubation Station, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User content, any use of the Website’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.

11. Governing law and dispute resolution

These Terms shall be governed and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions. You agree that any dispute arising from or relating to the subject matter of these Terms will be resolved through good faith negotiation. If a resolution cannot be reached, the parties agree to pursue mediation before resorting to litigation. Should litigation be necessary, the courts of South Africa shall have exclusive jurisdiction.

You are responsible for compliance with all local laws applicable to your use of the Service. This means if you’re accessing our Website from a different country, you need to ensure your actions comply with your local regulations.

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12. changes to these terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new Terms taking effect. What constitutes a material change will be determined at our sole discretion. For example, a change to how we handle your data would be material. Continued use of the Service after those revisions become effective means you agree to be bound by the revised Terms. If you don’t agree to the new Terms, please stop using the Service.

13. Termination

We may terminate or suspend your Account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your Account, you may simply discontinue using the Service or contact us directly. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Miscellaneous

14.1 Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. The invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision.

14.2 Waiver

No waiver of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Incubation Station to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

14.3 Entire Agreement

These Terms, together with our Privacy Policy, Refund and Return Policy, and Website Disclaimer, constitute the sole and entire agreement between you and Incubation Station regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

15. Contact us

If you have any questions about these Terms, please contact us:

• By email: [email protected]
• Business address: 9 Curvy road, Blairgowrie, Randburg, Johannesburg, 2914