- T E R M S O F S E R V I C E
These Terms of Service apply to the DerkOnline website (https://derkonline.com) and its sub websites. By accessing the website, you acknowledge that you accept the following terms. In the event that you do not understand or accept any of the terms herein, you should discontinue your use of this website.
To the extent permissible by law, DerkOnline reserves the right to alter these Terms of Service at any time without providing notice. You are responsible for regularly checking for any changes to these Terms of Service. Your continued use of this website after any such changes are released shall be deemed as your acceptance of said changes.
- W E B S I T E I N F O R M A T I O N A N D E X P L A N A T I O N
DerkOnline operates and manages this website from its headquarters at Bubiashie, in the Greater Accra region. Though this website can be accessed anywhere in the world, the availability of the functions, products and services discussed, mentioned, supplied and provided through or on this website may vary by country or region.
Should you choose to visit this website from countries or regions outside Ghana, you do so of your own volition and shall use our website only as permitted by local laws.
- W E B S I T E C O N T E N T
All texts, images, videos, animations, trademarks, patterns, charts, visual interfaces and code (hereinafter referred to as content), including but not limited to the ideas, design, structure, expression, and of the aforementioned content, are legally owned, controlled, or legitimately authorized to be used by DerkOnline. Unless otherwise stated in these Terms of Service, you shall not use the content on this website for any commercial purpose in any way without DerkOnline’s prior written consent.
- U S A G E S T A N D A R D S
This website and its content cannot be used illegally or for any purpose prohibited in these Terms of Service, nor can they be used to infringe on the legal rights and interests of other persons or organizations.
You shall not use this service to sell, offer to sell or provide the things mentioned below:
adult content; pornography, nudity, sexual products, escort services and any other adult related content. Replicas; weapons; illegal drugs; pirated materials; guides on how to make, assemble or obtain illegal goods or weapons that could bring harm to others; controlled substances; information used to infringe on the copyrights or trademarks of others; information used to destroy others’ intellectual property or information and information used to illegally harm any people or animals.
You shall not use any form of device, program, or algorithm, including spiders, robots, deep-links, and page-scrapes, or any identical or similar manual program, to access, obtain, copy, or monitor any part of this website or its content. Additionally, you shall not visit, obtain, or copy any materials, documents, or information on this website by any method not provided by this website.
You shall not attempt to illegally access, decode, or use any other illegal methods to gain unauthorized access to this website, its content, or its services. You shall not trace, reverse lookup, decrypt, or decode any customer information on this website, including but not limited to the DerkOnline’s usernames of users other than yourself.
You shall not violate any of the security mechanisms or authentication measures utilized by or linked to this website. You shall not probe, scan, or otherwise test for any network weaknesses of this website or those linked to it, nor launch any form of attack against it.
You agree not to use any device, software, or program to interfere or attempt to interfere with the regular operation of this website or any transactions performed on this website, or to interfere or attempt to interfere with the use of this website by others. You shall not undertake any actions that store unreasonable, or disproportionate amounts of data on this website’s infrastructure, system, or network, or on systems or networks that are linked to this website.
- A C C O U N T, P A S S W O R D AND S E C U R I T Y
You may need to register for a DerkOnline username to log in to your DerkOnline “Account section” to access certain functions or services on this website. You accept full responsibility for protecting the confidentiality of your account information, including your password. You accept full responsibility for any and all actions that occur on or against your account in the event that you fail to maintain the security and confidentiality of said information.
If you find that your account has irregularities or abnormalities, including but not limited to the password being changed or the account being logged in to or used by unauthorized persons, you should notify DerkOnline immediately. If your failure to maintain the confidentiality of your account information leads to your account being used by others, which further leads to damages to DerkOnline or other visitors to this website, you may be held liable for said damages.
You shall not use other people’s DerkOnline usernames at any time without the express permission of the account holder. If your failure to comply with this clause leads to personal damage or loss to yourself or others, DerkOnline will not assume responsibility for said losses.
You may cancel your service by doing so at the “Account Section” or by contacting us on WhatsApp. Upon cancellation of your service, you are not entitled to refunds or fees if payment has already been made. This applies to all services except Website Design & Development.
- C A N C E L L A T I O N & R E F U N D
DerkOnline offers a 7-day money back guarantee only on Website Design Plans.
If you cancel your plan within 7 days, you’ll receive a full refund, no questions asked. You will only be charged design fees and transaction fees for cancelling before 7 days. If you choose to cancel after this time there will not be a refund. Also, you will not be charged for your next billing cycle
Note: Introductory prices apply to the first term. Money-back guarantee applies to Website Design. This guarantee does not extend to domains, mailboxes or addons. All plans and products automatically renew unless you cancel. The renewal will be for the same term length and at the regular rates reflected on the site. The payment method you provide today, or we have on file, will be used for renewals, unless you change it or cancel.
Important: If you request a refund for a service, the auto renewal for that service is immediately turned off. Even if your request is denied, the service will not renew at the end of the subscription period.
All refunds after the 7th day will not be processed because, DerkOnline is an intermediary in that, money paid by the client will be used to pay the original source of the service thereby providing the requested service to said client. Your website will be online until the date of the next payment where, if the plan is not paid for, it will be taken offline.
Terms and Termination of the Services.
- Term of Services. The initial term of the Services purchased by you will be for the time period set forth in the registration form presented to you when you order the Services (the “Initial Term”). Unless you cancel prior to the end of the Initial Term or as otherwise stated in a notice sent to you at least ten (10) days prior to the expiration of your then-current term, the Services will automatically renew for successive periods of equal length as the Initial Term (each a “Renewal Period”). You acknowledge, agree, and authorize us to automatically bill the applicable fee and/or charge your credit card or other payment method on file up to fifteen (15) days prior to the end of each Renewal Period, unless you terminate or cancel the Services prior to such charge as provided in this section. The “Term” of this Agreement shall include the Initial Term and all Renewal Periods, if any.
- Termination Procedure. You may terminate or cancel the Services you purchased at any time during the Term by giving DerkOnline notice by email on our support form or by chat. The cancellation request is subject to verification of ownership of the account and/or domain, as determined in DerkOnline’s sole discretion. In the event of such cancellation, you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation subject to the terms of the seven (7) day money-back guarantee if applicable. After the product is canceled, all content will be permanently removed from the server. Please make a backup of all content before you contact DerkOnline to cancel your account.
- Disabling automatic renewal option. Subscriber must notify DerkOnline at least sixteen (16) business days prior to the Services or domain renewal date to disable the automatic renewal option. Such notification may be by our support form or by chat. This request must include verification of ownership of the account and/or domain(s), as determined by DerkOnline in its sole discretion.
- Termination by DerkOnline. DerkOnline may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due hereunder to DerkOnline; (ii) you violate the terms and conditions of this Agreement; (iii) your conduct may harm DerkOnline or others, cause DerkOnline or others to incur liability, or disrupt DerkOnline’s business operations (as determined by DerkOnline in its sole discretion); (iv) you are abusive toward DerkOnline staff in any manner; or (v) for any other lawful reason or as otherwise specified in this Agreement. In such event, DerkOnline will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.
- Modification of Services. DerkOnline reserves the right to modify, change, or discontinue any aspect of the Services at any time.
- Data Deletion. Upon termination of the Services for any reason, Subscriber Content, Subscriber Websites, and other data will be deleted. You should always maintain back-up copies of all Subscriber Content, Subscriber Websites, and other data. DerkOnline is not responsible for the loss of any Subscriber Content. It is essential that Subscribers backup files offline, even if user purchases or has products, such as Site Backup and Restore.
- 7 Day Money-Back Guarantee
- If you purchase a product with a seven (7) day money-back guarantee, you may receive a full refund of all basic web design fees paid (the “Money-back Guarantee Refund”) if you cancel within the first seven (7) days of the Initial Term (the “Money-back Guarantee Period”) and make a written request to DerkOnline’s billing department. for such refund. The Money-back Guarantee Refund shall only accrue and be due to you upon your compliance with, and subject in all respects to, the terms and conditions of this section. Money-back Guarantee Refunds only apply to web design services and do not apply to domain registration fees, setup fees, or any fees for additional services.
- The Money-back Guarantee Refund is valid for credit card payments only. Due to the costs associated with processing payments made by other methods, we are not able to offer the Money-back Guarantee Refund for other payment methods.
- Nonrefundable Fees.
Fees paid by Subscribers in connection with the purchase of add-on services, including without limitation, SSL certificates, website transfer, SEO Package, domain privacy, and domain names are non-refundable, as are payments made by check for $10.00 or less due to processing fees, unless otherwise expressly provided.
- E X T E R N A L L I N K S
This website may contain links to independent third-party websites. Such links are provided only for the convenience of visitors to this website. DerkOnline does not give any express or implied guarantees regarding the content, services, and information provided on linked websites, nor should these links be deemed as a recommendation or authorization by DerkOnline with regard to the linked websites. You can visit any and all of the linked websites entirely at your own discretion. However, DerkOnline shall assume no responsibility for the outcome of such interactions.
- P A Y M E N T
Payment for DerkOnline’s services shall be made in full by the client in order for work to start on advertising, website design and any other services. DerkOnline is an intermediary in an aspect and money paid by the client will be used by DerkOnline to pay the original source of the service thereby providing the service to the client.
On payment confirmation, a receipt will be generated and sent to the client, based on the client’s contact information we have on file.
Introductory prices apply to the first term. Money-back guarantee applies to Website Design. All plans and products automatically renew unless you cancel. The renewal will be for the same term length and at the regular rates reflected on the site. The payment method you provide today, or we have on file, will be used for renewals, unless you change it or cancel.
- P R I V A C Y
It should be noted that the network link and data transmitted between yourself and this website are neither completely safe nor confidential, and it is possible that information and data you send to this website could be intercepted by others. DerkOnline is unable to guarantee the security and confidentiality of the network link and data transmitted between yourself and this website.
- R E S E R V A T I O N O F R I G H T S
DerkOnline reserves the right to perform the following actions at any time without giving notice:
- Fix or alter all or part of the content of this website as well as any applicable policies, terms, or clauses.
- Suspend or terminate operation of, or access to, all or part of this website at any time, irrespective of the reason.
- Suspend operation of all or part of the website for the purposes of maintenance, alteration of errors, or other such changes at regular or irregular intervals.
- D I S C L A I M E R
DerkOnline does not guarantee the availability, continuity, and accessibility of this website, its content, or its services. This website and its content are provided on an ‘as is’ basis. You, as the user, bear all responsibilities for usage of this website and any website linked to it. Should you feel dissatisfied with all or any part of this website, your only course of remedial action is to stop using all or part of this website, as limitation of remedies constitutes part of your agreement with DerkOnline with regard to usage of this website.
Advertisement-wise, DerkOnline is only able to give you an estimate of the number of people your ads may reach. This may vary depending on specific targeting options selected. We do not guarantee any number of “Likes”, “Shares”, “Comments” or “Followers” due to your ad or the ad package you purchased. We also do not use any unapproved or illegal methods outside the social media platform’s official advertising tools to provide our services.
After being presented with the finished copy of the website, all responsibilities fall on you, including but not limited to keeping your passwords safe, regularly backing up the website and contacting support before taking any unfamiliar actions. DerkOnline will not be responsible if or when your site shuts down.
DerkOnline will not be held responsible for inaccurate service results as said services are not fully provided by DerkOnline. These services are provided on an ‘as is’ basis, ergo, you, as the customer, will not hold DerkOnline responsible, for a service shut down.
DerkOnline reserves the right to charge you an amount for any corrections that are to be made on the website. The average charge is a minimum of $10 with each time a correction is made.
DerkOnline will not be held responsible in any way for content found on your purchased website after website project completion including but not limited to; illegal content, pornographic content, copyrighted content. After website project completion, all responsibilities transfer to you even though DerkOnline may be running maintenance on your website from time to time.
Information published on this website regarding types of products and services available, including but not limited to product functions, configurations, parameters, technical standards, and service content, may differ based on country or region. The functions, configurations, parameters, and technical standards of any given product may be adjusted at different stages of that product’s life cycle, and it may take some time for DerkOnline to update the corresponding information. Ergo, there may be some variations between the product and service information you see on this website and the actual product you purchase or products for sale in your market. DerkOnline does not guarantee the correctness, completeness, or reliability of the content of this website.
Names and Trademarks
Clients hereby grant DerkOnline a non-exclusive right to use Client’s trade names and logos as are used by Client’s hosted sites, including but not limited to screenshots of Client’s hosted sites and associated photographs appearing on Client’s hosted sites (“Customer Public information and images”), on DerkOnline’s own websites describing and promoting DerkOnline’s Services.
Social Media Advertising
DerkOnline is allowed to post content provided by the Client to the respective business page in order to run ads for the Client. DerkOnline will be given editorial rights as required to complete its obligations under the agreement. However, DerkOnline will not be responsible for managing the Client’s page, updating, responding to or moderating comments, messages or interactions. That is the responsibility of the owner of the business page/account.
DerkOnline cannot begin providing Social Media Advertising Services until the Client adds DerkOnline to said Client’s Facebook page as an agency based on the request that will be sent to the respective page.
Setting up social media account is the Client’s responsibility. The Client is also responsible for maintaining the security of such accounts. DerkOnline does not create social media pages or accounts on behalf of clients.
By buying Social Media Advertising from DerkOnline, we are able to give you a rough estimate of the number of people your ads may reach. This may vary depending on specific targeting options selected. We do not guarantee any number of “Likes”, “Shares”, “Comments” or “Followers” due to your ad. Nor do we use any unapproved methods outside of the social media platform’s official advertising tools to provide our services.
- L I M I T A T I O N O F L I A B I L I T I E S
Except where forbidden by law, under all circumstances, DerkOnline will accept no responsibility for all indirect, derivative, incidental, collateral, or punitive damages that may be incurred from usage of this website, including but not limited to profit loss, even if DerkOnline is already aware of the potential risks.
If your use of this website results in any form of damage or loss, the complete and maximum liability that DerkOnline assume shall not exceed the total sum of any subscription fees or similar fees related to the use of the services or functions of this website.
Some legal jurisdictions do not allow for the limitation of liability. Therefore, the aforementioned restrictions may not be applicable to you.
- B I L L I N G P O L I C I E S
All invoices and payment notifications will be sent to you via email where possible. For our recurring billing packages, the cycle begins the day the payment is made, ergo, the next due payment is that very day each month, or year thereafter.
- I N D E M N I T Y
In the event of any third-party request, loss, liability, proposition, or expense (including lawyer’s fees) brought against DerkOnline arising from or relating to your usage of this website, you agree to compensate DerkOnline, it’s directors, employees, agents, partners and other licensed persons.
- I N D E P E N D E N T R E M E D I E S
The clauses in Article 10 “Limitation of Liabilities” and Article 11 “Indemnity” of this Agreement take effect independently, even if it is determined that said articles and/or clauses are unable to fulfill the intended purpose or be enforced by law. Within the scope permitted by related effective laws, the limitations of liability stipulated in Article 10 and Article 11 herein shall be applied, irrespective of whether the loss is due to (a) Breach of contract, (b) Breach of guarantee, (c) Errors or infringements, including negligence or misrepresentation, (d) Strict liability, (e) Or any other reasons.
- F E E D B A C K
Any feedback you provide on this website is regarded as non-confidential. DerkOnline reserves the right to freely use this information without limitation.
- B R E A C H O F T H E S E T E R M S A N D C O N D I T I O N S
You agree that DerkOnline reserves the right to terminate your access to this website and/or block you from visiting this website in the event that DerkOnline deems you have breached any of these Terms of Service.
If DerkOnline revokes your access to this website as a result of you having breached these Terms of Service, DerkOnline assumes no liability towards you or any third-party.
You agree that DerkOnline can solely decide, without prior notification, to terminate your access to all or part of this website’s functions, for reasons including but not limited to:
- In response to the requests of law enforcement agencies or other government institutions.
- In response to your own request. (If you request the deletion of your DerkOnline username, you may be unable to access online shopping functions.)
- The suspension or major modification of this website or any of its services.
- Unforeseeable technical issues.
- A P P L I C A B L E L A W S A N D J U R I S D I C T I O N
The establishment, enforcement, and interpretation of this Agreement, as well as the resolution of disputes related thereto, shall be subject to the laws of Ghana.
The place of signing of this Agreement will be regarded as Bubiashie in Accra – Ghana. Should any dispute arise with regard to the content or execution of this Agreement, both parties should seek resolution thereof through amicable consultation. Should a settlement fail to be reached through consultation, either party may file a lawsuit with a court with jurisdiction in the place of signing.
- M I S C E L L A N E O U S
These Terms of Service constitute the full Agreement between yourself and DerkOnline with regard to your usage of this website, and they replace any and all prior written or oral agreements between yourself and DerkOnline with regard to usage of this website. Notwithstanding the stipulations of other agreements signed between yourself and DerkOnline, DerkOnline will not accept any counter-offers with regard to these Terms of Service, and hereby expressly refuses all counter-offers.
If DerkOnline fails to uphold or demand the strict execution of these Terms of Service, this should not be deemed as a waiver on the part of DerkOnline of any rights pertaining to the execution of these Terms of Service themselves. No action taken between DerkOnline and yourself or a third-party should be deemed as an alteration to any of the stipulations of these Terms of Service.