Effective use of the services provided by the Provider presupposes a basic degree of knowledge and skill on the part of the Client. The provider will accordingly not be held responsible for the Client’s inability to utilise the services due to the Client’s lack of the requisite knowledge and skill.
The Client will use the web hosting services in a manner consistent with all laws as applicable to the Republic of South Africa and all rules, regulations and usage customary to services of this kind. The Provider reserves the right to suspend or terminate the Client’s access to any or all of the services should the provider in its sole discretion finds that the client’s account has been used inappropriately and or in contradiction to the above
The following content and activities may not be displayed or promoted by the Client nor associated in any way with the Client’s account or the Provider’s services. The Provider shall be the sole arbitrator as to what constitutes violation of this provision:Transmission, storage, or presentation of any information, data or material in violation of any South African law. Copyrighted material used without permission. Material or activities judged by the Provider to be threatening, obscene, disparaging, or hate-related. Material protected by trade secret or other statute. Content that promotes any illegal or prohibited activity. Content that may be damaging to the Provider’s servers or to any other server on the Internet.Harassing, annoying, or otherwise interfering with any person’s, groups, or organisation’s use or enjoyment of the Internet experience. Links or reference to any of the above.
Unauthorised use of other people’s accounts or computers
The Provider will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include “internet scamming” (tricking other people into releasing their passwords), password robbery, security hole scanning, etc. all of which will be regarded as inappropriate use as envisaged in clause 2 hereof.
All contents stored by the Client shall at all times remain the property of the Client. The Client grants to the Provider non-exclusive, world-wide licence to the content only to the extent necessary for the Provider to host the server(s).
All accounts are set up on a pre-pay basis. Setup fees may be charged for all new accounts and major account changes. All pricing is guaranteed for the term of pre-payment. The Provider reserves the right to change prices at any time. Any account not brought current within 5 days of email notice or exceeding this time frame in any way is subject to suspension or termination. The Client is responsible for all money owed on the account from the time it was established to the time that the Client notifies the Provider in writing of termination of the services. Email notification will be sent to the Client prior to their hosting renewal date. The Client is responsible to reimburse the Provider all bank charges caused by declined credit card payments as well as the outstanding amount. The Provider reserves the right to bill the Client for special handling fees.
The Client may terminate this agreement upon 5 (five) days prior written notice to the Provider by email. The Provider may immediately terminate this Agreement for any cause at any time without penalty. Causes justifying immediate termination include, but are not limited to: violation of any South African law; non-payment of fees due; or, breach of this Agreement. The Provider may terminate this Agreement immediately without any cause at any time on 31 days prior written notice to the Client.
Cancellation and refund
Due to security concerns, all account cancellations must be done in writing via mail with a valid signature of the primary contact of the account, account name, reason for cancellation. We also accept account cancellation submitted from the registered email address of the account holder. Phone requests will not constitute acceptance of any cancellation. No refunds are permitted by the provider, however the discretion of the Director/s may warrant a refund in the case of Provider error.
Limitation of Liability
The Client agrees that the Provider will be not liable for any: suspension or loss of the services, except to the limited extent that a remedy is provided under this agreement; interruption of business; access delays or access interruptions to the server(s) provided through or by the services; loss or liability resulting from acts of God; data non-delivery, miss-delivery, corruption, destruction or other modification; events beyond the control of the Provider; or loss or liability resulting from the unauthorised use or misuse of the client’s account identifier or passwordThe Client further agrees that the Provider will not be liable for any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, delict (including negligence), or otherwise, regardless of whether or not the Provider has been advised of the possibility of such damages
The Client indemnifies the Provider and holds it unaccountable against all liability, claims, damages, cost and expenses caused by and or related to non-accessibility time, other down time or during system unavailability due to programme updates or modifications to programmes and shall have no claim against the provider in this regard.
1Disclaimer of Warrenties
The Provider makes no representations nor provide warranties of any kind whatsoever, express or implied, in connection with this agreement or the services, including but not limited to warranties of merchantability or fitness for a particular purpose, unless such representations and warranties are not legally excludable. The client understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the services is done at the Client’s own discretion and risk and that they will be solely responsible for any damage to the Client’s computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by the Client from the Provider shall create any warranty or representation by the provider not expressly made herein.
This Agreement will be governed by and construed in accordance with the laws of the Republic of South Africa. IN WITNESS WHEREOF the undersigned have executed this Agreement as of the day and year first written above. The parties hereto agree that facsimile signatures shall be as effective as if originals.