Web Hosting Agreement
1. Order Acceptance, Payment.
A. All orders are subject to acceptance by Hosting-Webdesign Services. An order will be deemed accepted by Hosting-Webdesign.co.za Services when we send confirmation of the order to Customer.
B. Hosting-Webdesign clients hereby agree to pay the monthly agreed fee no later than 7 days past the anniversary of a hosting month. Hosting-Webdesign Services reserves the right to change the amount of, or basis for determining, any fees or charges and institute new fees and charges upon prior notice to Customer. All monthly fees and set-up fees shall be due in advance of the month incurred and all additional charges shall be due every month on that day which such charges are incurred. Except as provided in Section
3, the set-up fees are non refundable for Services such as Domains and Traffic and Hosting-Webdesign does not issue pro rata refunds for fees paid in advance. Hosting-Webdesign Services may, at Hosting-Webdesign Services discretion, suspend or terminate access to the Hosting-Webdesign Services and/or terminate this Agreement. Customer’s right to use the Hosting-Webdesign Services are subject to any limits established by Hosting-Webdesign Services. A 15-Day grace period may be given to correct unpaid balances.
2. Hosting-Webdesign Services.
A. During the term of this Agreement, Hosting-Webdesign Services shall provide software services to Customer according to the Package(s) accepted by Customer (the “Hosting-Webdesign.co.za Services”). “Package” means one of Hosting-Webdesign Services business and/or electronic commerce service offerings, as can be found on Hosting-Webdesign.co.za Services Web site at http://www.hosting-webdesign.co.za. The specific Package to be provided to Customer shall be established by correspondence between Hosting-Webdesign.co.za Services and Customer. Such Package shall be deemed incorporated by reference into this Agreement, as if fully set forth herein.
B. At Customer’s request, Hosting-Webdesign.co.za Services will acquire an Internet Second-Level Domain Name (“Domain Name”), from the Contracted Registrar on behalf of Customer. Customer’s request for and/or acceptance of a Domain Name obtained by Hosting-Webdesign.co.za Services shall in all cases constitute Customer’s waiver of any and all claims which Customer may have, or which may later arise, against Hosting-Webdesign.co.za Services or its third party providers, for any and all damages, losses, claims or expenses arising our or related to the acquisition, registration and/or use of the Domain Name. Any cost incurred by Hosting-Webdesign.co.za Services to obtain and/or maintain the Domain Name on behalf of Customer shall be charged to Customer by Hosting-Webdesign.co.za Services. Request for and acceptance of a domain name requires Hosting-Webdesign.co.za Services to supply the domain name to the Contracted Registrar, which in turns supplies the Domain Name to third parties. Hosting-Webdesign.co.za Services will be the sole billing and technical contact for the Domain Name.
C. Exceeding Web Site Traffic Limitations: If a site exceeds its maximum monthly allotment of traffic, the site will become unavailable until the beginning of the next calendar month unless customer chooses to upgrade his/her hosting package. Unavailability includes but may not be limited to the inability to access the site publicly or to publish to or modify the site's contents via certain Web creation tools. Hosting-Webdesign.co.za Services will not be held responsible for any material or loss of income as a result of site unavailability.
3. Limited 15-Day Money-Back Guarantee and Refunds.
Hosting-Webdesign.co.za Services offers a fifteen (15) day money back guarantee on each Hosting Package, but not including Traffic, Domain and other services. If Customer is not completely satisfied with the Hosting-Webdesign.co.za Services Website Services provided under such Package within the first fifteen (15) days, Customer may cancel this Agreement by notifying Hosting-Webdesign.co.za Services via e-mail to the address listed in Section 7C. In such case, Customer will receive a full refund of any amounts paid pursuant to this Agreement, except for any set-up fees if applicable, which are non refundable. After the initial fifteen (15) day period, the Hosting-Webdesign.co.za Services Website Service shall be deemed accepted for all purposes, provided no written claim has been received by Hosting-Webdesign.co.za Services within such fifteen (15) day period. Hosting accounts that are terminated due to abuse, illegal activity or breach of this agreement in any way are non-refundable.
4. Rules and Regulations.
From time to time Hosting-Webdesign.co.za Services may impose reasonable rules and regulations regarding the use of the Hosting-Webdesign.co.za Services Website Services. Such rules and regulations are called acceptable use policies.
A. Illegal use. Using the Services to transmit any material that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated hereunder.
B. Fraudulent activity. Using the Services to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam.
C. Unauthorized access. Using the Services to access or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Hosting-Webdesign.co.za Services whether or not the intrusion results in the corruption or loss of data.
D. Copyright or trademark infringement. Using the Services to transmit any material (by email, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
E. Adult Oriented Websites. We do not host adult websites or websites of a sexual orientation whatsoever.
F. SPAM. Transmitting mass e-mail to an untargeted audience and/or that has not opted to receive such an e-mail. We have a zero tolerance SPAM policy. Any account that is utilized to send out SPAM will be terminated without notice. Any account terminated for SPAM is subject to a R500 administration fee, this fee will be charged directly to the client on file. In addition, any losses incurred by Hosting-Webdesign Services because of said action will be the direct responsibility of the account holder.
Email Lists And Newsletters .
Email lists and newsletters will only be permitted to be sent from our servers under the following conditions:
1. Clients sending to email lists and newsletters must provide proof that the subscribers
are double opt in subscribers who have agreed to receive your emails.
2. Software used must make use of the bounce system for email addresses which are no longer valid.
3. Software sending the emails must use your domain as the sending domain and not the nobody parameter.
4. A Unsubscribe link as well as your postal address must appear at the bottom of each message sent (footer).
G. Over-Excessive Load on Server. If a website is deemed to occupy an over-excessive amount of load on the server which interrupts services or other user functionality, the account holder will receive warning to reduce the load of the site or upgrade to a dedicated server. If load is not reduced or account upgraded, the account may be terminated. If the load is effecting server performance dramatically an immediate suspension may be performed.
H. File Backups, Hosting-Webdesign.co.za Services does not backup each accounts files unless requested to do so at a nominal monthly fee, therefore it is the responsibility of the account holder to ensure that regular backups are made of all, data bases and files within the account.
5. License Grant.
During the term of this Agreement, Hosting-Webdesign.co.za Services grants to Customer a non-exclusive, personal, non-transferable license to access and use the Hosting-Webdesign.co.za Services solely on and as part of Hosting-Webdesign.co.za Services World Wide Web site and servers. Hosting-Webdesign.co.za Services may modify the Hosting-Webdesign.co.za Services Website Services at any time for any reason and may provide modified versions of the Hosting-Webdesign.co.za Services Website Services to Customer.
6. Intellectual Property Rights.
Customer acknowledges and agrees that the Hosting-Webdesign.co.za Services Website Services constitute confidential and proprietary information of Hosting-Webdesign.co.za Services and its licensors and embodies trade secrets and intellectual property of Hosting-Webdesign.co.za Services and its licensors protected under South African copyright and other laws and international treaty provisions.
Customer further acknowledges that all right, title, and interest in and to all parts of the Hosting-Webdesign.co.za Services, including, without limitation, associated intellectual property rights, are and shall remain with Hosting-Webdesign.co.za Services and its licensors. Customer shall not, and shall cause its employees and agents not to, disclose or transfer any portion of the Hosting-Webdesign.co.za Services Website Services to any third party.
Customer further agrees not to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, sublicense, distribute, remarket or otherwise dispose of any portion of the Hosting-Webdesign.co.za Services Website Services. Customer hereby acknowledges that, if Hosting-Webdesign.co.za Services at any time or from time to time perform any customizations or modifications to Hosting-Webdesign.co.za Services Website Services, all rights and interests to such customizations or modifications shall be the sole property of Hosting-Webdesign.co.za Services.
7. Term and Termination.
A. This Agreement shall have an initial term of one (1) month and shall thereafter automatically renew for successive one (1) month periods. This Agreement and Customer’s access to the Hosting-Webdesign.co.za Services Website Services shall terminate as follows:
(i) Either party may terminate upon thirty (30) days prior notice;
(ii) Hosting-Webdesign.co.za Services may immediately and without prior notice terminate upon a violation by Customer of Hosting-Webdesign.co.za Services acceptable rules and regulations;
(iii) Hosting-Webdesign.co.za Services may terminate immediately and without prior notice in accordance with Section 1; and
(iv) Hosting-Webdesign.co.za Services may terminate immediately if, after 15 days prior notice to Customer, Customer has failed to correct any breach of this Agreement.
B. Upon any termination in accordance with Section 7(A)(i), Hosting-Webdesign.co.za Services Shall permit Customer forty-eight (48) hours to download or otherwise copy any of Customer’s information and data residing on Hosting-Webdesign.co.za Services facilities prior to removing such information and data from Hosting-Webdesign.co.za Services facilities. Upon termination by Hosting-Webdesign.co.za Services under Sections 7(B)(ii), (iii) or (iv), Hosting-Webdesign.co.za Services may immediately remove all of Customer’s data and information from Hosting-Webdesign.co.za Services facilities and Customer shall have no right to copy or download such data or information, and, in such event, all such information and data, including all copyrighted or copyrightable material therein, shall then become the property of Hosting-Webdesign.co.za Services.
In cases where Customer’s account has been cancelled, and Customer is requesting reactivation, Hosting-Webdesign.co.za Services, at it’s option, may reactivate the same account, only if the account had been cancelled less than sixty (60) days prior. After sixty (60) days, Customer will be required to set up a new account.
C. To cancel a Hosting-Webdesign.co.za Services Website Service.
Customer should contact Hosting-Webdesign.co.za Services via e-mail.
D. Sections 1, 6, 8, 9, 10, 11, 12, 13, and 14 shall survive any termination of this Agreement.
8. Exclusion of Warranties.
Hosting-Webdesign.co.za Services PROVIDES THE Hosting-Webdesign.co.za Services WEBSITE SERVICES ON AN “AS IS” BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, whether express or implied, including, but without limitation, any implied warranty of merchantability, or fitness for a particular purpose.
While Hosting-Webdesign.co.za Services makes reasonable efforts to maintain the Hosting-Webdesign.co.za Services Website Services, many factors are not within Hosting-Webdesign.co.za Services control. Therefore, Hosting-Webdesign.co.za Services does not warrant, and is not responsible for (even if caused by the negligence of Hosting-Webdesign.co.za Services) any loss of data, delays, non-delivery or mis-delivery of information, lack of access, slows response time, or service interruptions or errors. Loss, delay or non-delivery of data can be due to but not limited to Hosting-Webdesign.co.za Services own negligence, viruses or other third parties. Customer’s data is defined as any data held by Hosting-Webdesign.co.za Services and includes account information, web hosting data, email and domain name services. This disclaimer and waiver shall apply equally to any and all third party providers.
Hosting-Webdesign.co.za Services has the right to change prices, or add or delete product features of any existing product or service. The right to change packages or services extends to any product or service. Hosting-Webdesign.co.za Services reserves the right to change prices or material features at any time upon 30 days prior notice. Hosting-Webdesign.co.za Services reserves the right to institute new fees or new material features at any time upon 30 days prior notice. Hosting-Webdesign.co.za Services has the right to discontinue products or services and the right to remove or reassign IP addresses of a customer’s web site. Hosting-Webdesign.co.za Services also has the right to deactivate a customer’s service with a thirty (30) day notice. You assume full responsibility and risk for use of the services and the Internet and are solely responsible for evaluating the accuracy, completeness, and usefulness of all services, products, and other information, and the quality and merchantability of all merchandise provided through the service or the Internet.
9.Limitation of Liability and Damages.
THE TOTAL AGGREGATE LIABILITY OF Hosting-Webdesign.co.za Services TO CUSTOMER SHALL BE LIMITED TO THE AMOUNT PAID TO Hosting-Webdesign.co.za Services BY CUSTOMER HEREUNDER DURING THE THREE MONTHS IMMEDIATELY PRECEDING A CLAIM IN WHICH Hosting-Webdesign.co.za Services IS LIABLE TO CUSTOMER. IN NO EVENT SHALL Hosting-Webdesign.co.za Services BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED UPON BREACH OF CONTRACT, TORT, OR OTHERWISE AND WHETHER OR NOT Hosting-Webdesign.co.za Services HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Customer acknowledges that by reason of its relationship with Hosting-Webdesign.co.za Services, it may have access to certain information and materials relating to Hosting-Webdesign.co.za Services business, customers, software technology and marketing which Hosting-Webdesign.co.za Services treats as confidential (collectively “Confidential Information”).
(i) hold in confidence, and not disclose or reveal to any person or entity, any Confidential Information without the clear and express prior written consent of a duly authorized representative of Hosting-Webdesign.co.za Services; and
(ii) not use or disclose any of the Confidential Information for any purpose at any time, other than for the limited purpose of performance under this Agreement. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for two (2) years following termination of this Agreement with respect to Confidential Information, which does not rise to the level of a trade secret.
Customer shall indemnify and hold Hosting-Webdesign.co.za Services harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), attorney’s fees and expenses that Company may sustain or incur by reason of any breach or alleged breach of any term or condition of this Agreement (including reasonable attorney’s fees) and for any act or omission of Customer or its clients which are in any way related to the Hosting-Webdesign.co.za Services Website Services.
13. Force Majeure.
Either party shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of Nature, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.
Customer may not assign its rights or delegate any of its duties under this Agreement without our prior written consent of Hosting-Webdesign.co.za Services, and any attempted assignment or delegation without such consent shall be void. If one or more provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby. Nothing in this Agreement or in the understanding of the parties construes upon the parties the status of partners. Hosting-Webdesign.co.za Services may subcontract any work, obligations or other performance required of Hosting-Webdesign.co.za Services under this Agreement without consent of Customer. Other than the termination of this agreement, all notices provided hereunder sent by email, mail or certified mail to Hosting-Webdesign Services, will be effective upon transmission. Hosting-Webdesign.co.za Services has the right to amend the Agreement from time to time, and will do so by posting the new Agreement on the Hosting-Webdesign.co.za Services web site under the Service Agreement link on the footer of the main page