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Terms & Conditions Page:





Terms:


  1. ‘The Client’ : Your Details Here:
  2. ‘The Company’ : ISP365.BIZ and ISP365.CO.ZA
  3. ‘The Client’ must accept the terms of this Agreement in order to use the Services. By Ticking or Clicking the "I Accept The Terms And Conditions" during the order process confirms ‘The Client’ have read, accepted and acknowledged these Terms And Conditions laid out bellow. Failure to tick the checkbox ‘I Accept the terms and conditions’ will not allow the order to be processed.
  4. NOTWITHSTANDING, BY USING THE SERVICES, ‘The Client’ ACKNOWLEDGE THAT ‘The Client’ HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AS WELL AS ALL ACCEPTABLE USE POLICIES INCORPORATED BY REFERENCE.
  5. By conducting business with ‘The Company’, ‘The Client’ agrees to be bound by this agreement forming part of the terms & conditions as amended from time to time.
  6. As ‘The Company’ are in support of the new South African Consumer Protection Act, ‘The Company’ strive to provide quality products and services at fair prices where possible, allowing ‘The Company’ to produce business transactions leading to the creation of work opportunities for our fellow South Africans.
  7. However, many of ‘The Company’ service providers, suppliers & manufacturers rely on other companies residing in other countries not in support of this new Consumer Protection Act and therefore ‘The Company’ can no longer offer any kind of warranty or guarantee on any of the products or services provided by ‘The Company’ as The Middle Man.
  8. ‘The Company’ therefore regretfully distance themselves from these responsibilities and legal claims as result of losses incurred due to possible unreliable or faulty products or services which now lie with the original service providers, manufacturers and suppliers of such products and services (as result of the strict new rules in the new consumer protection act).
  9. Even though this is the case ‘The Company’ may assist ‘The Client’ with such quarries with the original service providers, manufacturers & suppliers at a nominal administration fee.
  10. Subject to the provisions of the Consumer Protection Act, if the period of the service providers, suppliers & manufacturers warranty in relation to ‘The Company’ products or services has not expired and ‘The Client’ are not in breach of the terms thereof, ‘The Client’ may be entitled to have that products repaired or replaced subject to the terms of that warranty with the original service providers, suppliers & manufacturers.
  11. ‘The Company’ no longer engage in any verbal quotations or commit to any deadlines in any form unless done so in writing with the complete co-operation between ‘The Client’ and ‘The Company’ not resulting in withholding any information, DATA, services or products which may lead to extended deadlines.
  12. All prices quoted subject to current exchange rates, only available while stocks last, accurate for a limited time only, excluding delivery, courier costs, onsite installation & training.
  13. ‘The Client’ refund applications for cancellations & returns requires all hardware to be returned to ‘The Company’ premises unopened in original packaging with all documents and invoices and can only be processed as stipulated in the new Consumer Protection Act prior to orders sent through to ‘The Company’ service providers, suppliers & manufacturers, at which point there will be handling fees and service charges charged for cancellations & returns.
  14. ‘The Company’ requires the signed quotation with the full quoted amount paid up-front, on a PRE-PAID basis to ‘The Company’ in order for ‘The Company’ to provide any service or place any orders with ‘The Company’ service providers, suppliers & manufacturers.
  15. All products & services remains the property of ‘The Company’ until paid in full and may be removed should it not be settled within the specific time frame as per quotation, sales order or invoice provided by ‘The Company’ and signed by ‘The Client’ to recover costs incurred by ‘The Company’.
  16. All intellectual property remains the ownership of ‘The Company’ at all times since the service fees charged for producing it relates to the production process in order to produce the end products as requested by ‘The Client’.
  17. Any annual package paid for by ‘The Client’ such as advertising space, domain name registration, hosting, digital media, printed media, physical media, etc. will not be refunded or credited should it be cancelled by ‘The Client’ for any reason prior to the 12 month period expiry date.
  18. Under special circumstances ‘The Company’ may consider to credit ‘The Client’ for the balance of hosting costs excluding registration fees, admin fees, service charges, etc. and will be done at the ‘The Company’ time frame only.
  19. Prices quoted and Invoiced by ‘The Company’ excludes travel, courier fees, delivery, installation, setup, training, on-site support and telephonic support.
  20. ‘The Client’ indemnify ‘The Company’ and affiliated companies, and their directors, officers, employees, agents, representatives, clients & families ("Indemnified Parties") against any claim ‘The Client’ may have as result of any issue resulting in financial or emotional loss, due to any products, services, quotes or information provided by ‘The Company’, in the past, present or in the future.
  21. ‘The Company’ may charge for insurance quotes and callouts. Should ‘The Company’ quote for replacement hardware be accepted, the insurance quote fee may be applied as credit to the new order.
  22. NOTWITHSTANDING, BY USING ‘The Company’ SERVICES, ‘The Client’ ACKNOWLEDGE THAT ‘The Client’ HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AS WELL AS ALL ACCEPTABLE USE POLICIES INCORPORATED BY REFERENCE.
  23. ‘The Company’ reserves the right to change or modify any of the terms and conditions contained in this Agreement, any Addendum and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Any changes or modification will be effective upon posting of the revisions on the ‘The Client’ website. ‘The Client’ continued use of Services following ‘The Company’ posting of any changes or modifications will constitute ‘The Client’ acceptance of such changes or modifications.
  24. This Agreement shall be for an Initial Term as chosen by ‘The Client’ in the Order Form located on this Site or by signing an agreement presented on paper in the form of a quotation, form or Acceptance Form at the time ‘The Client’ register for the Services. This Agreement will be automatically renewed at the end of the Initial Term for the same period as the Initial Term unless ‘The Client’ provides ‘The Company’ with notice of termination thirty calendar days prior to the end of the month of the Initial Term or the Renewal Term.
  25. Failure to pay ‘The Company’ the renewal fees will result in immediate suspension of all of ‘The Client’ accounts, domains, emails, databases and everything associated with the hosting package services rented with ‘The Company’. All website data, emails, databases, etc. information and settings development, uploading and backups remains the responsibility of ‘The Client’ and not the ‘The Company’ prior to or post suspension, termination or expiry of any hosting account.
  26. If ‘The Client’ terminate ‘The Client’ receipt of the Services prior to the end of the Initial Term or the Renewal Term, whichever is then applicable, ‘The Company’ will not refund to ‘The Client’ any fees paid in advance of such termination and you shall be required to pay 100% of ‘The Client’ standard charge for the remainder of the term, unless otherwise expressly provided in this Agreement. ‘The Client’ termination request or notice must be submitted to ‘The Company’ in writing in the manner described in the section above ‘The Company’ may terminate this Agreement at any time and for any reason without justification. If termination was enforced to due violations that result in damages or fees assigned to ‘The Company’ on behalf of ‘The Client’, no refunds shall apply and ‘The Client’ will be held liable for such fees.
  27. ‘The Client’ agrees to pay for all charges attributable to ‘The Client’ use of the Services at the then current ‘The Company’ prices. All charges for Services must be paid in advance according to the then current prices applicable to the Services. Upon entering this Agreement, ‘The Client’ must choose to pay by EFT or CASH. ‘The Client’ must notify ‘The Company’ of any changes to ‘The Client’ bank account including, without limitation, applicable account number or cancellation or expiration of the account, ‘The Client’ billing address, or any information that may prohibit ‘The Company’ from charging ‘The Client’ account. ‘The Company’ may also create periodic invoices for any applicable Supplemental Charges associated with ‘The Client’ use of the Services. ‘The Client’ agree to pay to ‘The Company’ the amount indicated in each invoice by the due date reflected on that invoice. If ‘The Client’ fail to pay any fees by the applicable due date for invoice payments, late charges of the lesser of one and one-half per cent per month or the maximum allowable under applicable law but at no time less than R15 shall also become payable by ‘The Client’ to ‘The Company’. In addition ‘The Client’ failure to fully pay any fees within five days after the applicable due date will be deemed a material breach of this Agreement, and ‘The Company’ may in addition to any other remedy it may have suspend its performance of the Services and or terminate this Agreement; and or at the time of such non-payment ‘The Company’ may delete any and all content from ‘The Company’ Servers.
  28. Any such suspension or termination of the Services would not relieve ‘The Client’ from paying past due fees plus interest. In the event of collection enforcement, ‘The Client’ will be liable for any costs associated with such collection, including, without limitation, reasonable attorneys' fees, court costs and collection agency fees. Late payments, regardless of the amount will, after written warning will be reported to the ITC Organization, thus limiting and damaging ‘The Client’ or persons current credit rating
  29. If ‘The Client’ ever feels that ‘The Company’ incorrectly debited ‘The Client’ bank account, ‘The Client’ must contact ‘The Company’ for a correction. If ‘The Client’ do contact ‘The Client’ banking institution and issue a chargeback then ‘The Client’ will be responsible for the chargeback fee. If ‘The Client’ do not pay this fee then ‘The Client’ account will be terminated and ‘The Client’ details will be reported to the ITC. Declined debit orders will incur a decline fee.
  30. ‘The Client’ also understand that the ISP and ADSL network is maintained by a third parties of which ‘The Company’ have limited or no control over. The servers, network and line integrity is the responsibility of ‘The Client’ and the Telecommunications Providers globally.
  31. The ‘The Company’ Acceptable Use Policy governs the general policies and procedures for use of the Services. The Usage Policy is posted within these terms and conditions on ‘The Company’ website and may be updated from time-to-time. ‘The Client’ SHOULD CAREFULLY READ THE USAGE POLICY RELATING TO SPAM, PORN, IDENTITY THEFT, etc. BY USING THE SERVICES, ‘The Client’ AGREES TO BE BOUND BY THE TERMS OF THE USAGE POLICY AND ANY MODIFICATIONS. ‘The Company’ RESERVES THE RIGHT TO TERMINATE ‘The Client’ ACCOUNT FOR ANY VIOLATION OF THE USAGE POLICY OR THIS AGREEMENT.
  32. Unless ‘The Company’ has agreed otherwise in a separate agreement, ‘The Client’ must ensure that all material and data placed on ‘The Company’ equipment is in a condition that is server-ready, which is in a form requiring no additional manipulation by ‘The Company’. ‘The Company’ will make no effort to validate any of this information for content, correctness or usability. If ‘The Client’ material is not server-ready, ‘The Company’ has the option at any time to reject this material. ‘The Company’ will notify ‘The Client’ of its refusal of the material and afford ‘The Client’ the opportunity to amend or modify the material to satisfy the needs and or requirements of ‘The Company’. Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of ‘The Client’ website. ‘The Client’ must have the necessary knowledge to create and maintain a Website. It is not ‘The Company’ responsibility to provide this knowledge or customer support outside of the Services agreed to by you and ‘The Company.
  33. ‘The Client’ agrees that use of the Services under this Agreement will not exceed the bandwidth and storage usage limits set out. If ‘The Client’ use any bandwidth or storage space in excess of the agreed upon number of megabytes per month, ‘The Client’ agree to pay the associated additional charges. Data stored in ‘The Client’ user account on a ‘The Company’ Server is not necessarily in all cases owned by ‘The Company’; therefore Data preservation is the ultimate responsibility of ‘The Client’. ‘The Company’ is in no way responsible for ‘The Client’ data and or the backup of that data. An over-usage fee will be charged per Megabyte of Data should the bandwidth exceed that of what is displayed on ‘The Company’ Local Hosting Packages. The cost for this over-usage is displayed in an per Megabyte Unit on ‘The Company’ website. ‘The Company’ allows the hosting of multiple domains on a single package Referred to as add-on domains on the Cpanel page. ‘The Company’ prohibits the resale of hosting or Shared Web Hosting services to a third parties clientele without prior consent. In addition ‘The Company’ does not allow the resale of space; email accounts and any features or resources its ‘The Company’ Shared Web Hosting packages.
  34. ‘The Company’ may investigate any reported or suspected violation of this Agreement, ‘The Company’ policies or any complaints and take any action that ‘The Company’ deems appropriate and reasonable under the circumstance to protect its systems, facilities, customers and or third parties. ‘The Company’ will not access or review the contents of any e-mail or similar stored electronic communications except as required or permitted by applicable law or legal process. Should ‘The Company’ suspect that ‘The Client’ order was placed fraudulently or in any adverse manner, ‘The Company’ reserves the right to suspend all services placed or previously ordered in an effort to verify ‘The Client’ identity through specific documents such as driver’s license, utility bill, copy of your credit card or passport.
  35. ‘The Company’ reserves the right and has absolute discretion to restrict or remove from ‘The Company’ servers any content that violates this Agreement or related policies or guidelines, or is otherwise objectionable or potentially infringing on any third party's rights or potentially in violation of any laws. If ‘The Company’ become aware of any possible violation by ‘The Client’ of this Agreement, any related policies or guidelines, third party rights or laws, ‘The Company’ may immediately take corrective action, including, but not limited to, issuing warnings, suspending or terminating the Service, restricting or prohibiting any and all uses of content hosted on ‘The Company’ systems, and or disabling or removing any hypertext links to third party Web sites, any of ‘The Client’ content distributed or made available for distribution via the Services, or other content not supplied by ‘The Company’ which, in ‘The Company’ sole discretion, may violate or infringe any law or third-party rights or which otherwise exposes or potentially exposes ‘The Company’ to civil or criminal liability or public ridicule. It is ‘The Company’ policy to terminate repeat infringers. ‘The Company’ right to take corrective action, however, does not obligate ‘The Company’ to monitor or exert editorial control over the information made available for distribution via the Services. If ‘The Company’ takes corrective action due to such possible violation, ‘The Company’ shall not be obligated to refund or credit ‘The Client’ any fees paid in advance of such corrective action.
  36. To comply with applicable laws and lawful governmental requests, to protect ‘The Company’ systems and customers, or to ensure the integrity and operation of ‘The Company’ business and systems, ‘The Company’ may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e., name, e- mail address, etc.), IP addressing and traffic information, usage history, and content residing on ‘The Company’ servers and systems. ‘The Company’ also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties.
  37. ‘The Client’ hereby grant to ‘The Company’ a non-exclusive, worldwide, and royalty-free license for the Initial Term and any Renewal Term to use ‘The Client’ content as necessary for the purposes of rendering and operating the Services to ‘The Client’ under this Agreement. ‘The Client’ expressly grant to ‘The Company’ a license to cache materials distributed or made available for distribution via the Services, including content supplied by third parties, and agree that such caching is not an infringement of any of ‘The Client’ intellectual property rights or any third party's intellectual property rights.
  38. All materials, including but not limited to any computer software in object code and source code form, data or information developed or provided by ‘The Company’ or its suppliers or agents pursuant to this Agreement, and any know-how, methodologies, equipment, or processes used by ‘The Company’ to provide the Services to ‘The Client’, including, without limitation, all copyrights, trademarks, patents, trade secrets and other proprietary rights are and will remain the sole and exclusive property of ‘The Company’ or its suppliers, including but not limited to any software programs, inventions, products and or technology innovations and methodologies utilized, developed, or disclosed by ‘The Company’ during the term of this Agreement. Unauthorized copying, reverse engineering, decompiling, and creating derivative works based on the any such software is expressly forbidden except as permitted in this Agreement. ‘The Client’ may be held legally responsible for violation of any patent rights, copyright or trade secret rights that is caused or encouraged by failure to abide by the terms of this Agreement.
  39. ‘The Client’ hereby grant to ‘The Company’ a limited right to use ‘The Client’ trademarks, if any, for the limited purpose of permitting ‘The Company’ to fulfil its duties under this Agreement. This is not a trademark license and no other rights relating to the trademarks are granted by this Agreement. Specifically, but without limitation, the rights granted by this Agreement do not include the right to sublicense use of ‘The Client’ trademarks or to use ‘The Client’ trademarks with any other products or services outside the scope of the Services provided under this Agreement. The limited trademark use rights granted under this section terminate upon termination of this Agreement.
  40. ‘The Company’ is not responsible in any manner for any non-confirming Services to the extent caused by ‘The Client’ or ‘The Client’ customers. In addition, ‘The Company’ is not responsible for loss or corruption of data in transmission, or for failure to send or receive data due to events beyond ‘The Company’ reasonable control.
  41. ALL SERVICES, SYSTEMS AND PRODUCTS PROVIDED BY ‘The Company’ UNDER THIS AGREEMENT ARE PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTY IN FACT OR IN LAW, WHATSOEVER. ‘The Client’ ACKNOWLEDGE AND AGREE THAT ‘The Company’ EXERCISES NO CONTROL OVER, AND ACCEPTS NO RESPONSIBILITY FOR, THE CONTENT OF THE INFORMATION PASSING THROUGH ‘The Company’ COMPUTERS, NETWORK HUBS AND POINTS OF PRESENCE, OR THE INTERNET. ‘The Company’ DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED ORERROR-FREE, OR COMPLETELY SECURE, AND DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT, TRADE SECRET OR TRADEMARK INFRINGEMENT. ALL SERVICES PERFORMED UNDER THIS AGREEMENT ARE PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY FAILURE DUE TO COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, ‘The Company’ DOES NOT MAKE AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR CONDITIONS OF QUALITY, AND ANY WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT, TRADESECRET OR TRADEMARK INFRINGEMENT.
  42. ‘The Client’ warrant, represent, and covenant to ‘The Company’ that ‘The Client’ are at least eighteen 18 years of age or are a duly organized and validly existing entity; ‘The Client’ possess the legal right and ability to enter into this Agreement; ‘The Client’ will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines; ‘The Client’ will be financially responsible for the use of ‘The Client’ account; ‘The Client’ have acquired or will acquire all authorizations necessary for hypertext links to third-party websites or other content; ‘The Client’ have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including, without limitation, ‘The Client’ content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and ‘The Client’ content and or any software that ‘The Client’ install or provide does not and will not infringe or violate any right of any third party including any intellectual property rights or violate any applicable law, regulation or ordinance.
  43. IN NO EVENT SHALL ‘The Company’ HAVE ANY LIABILITY WHATSOEVER FOR DAMAGE, UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR DESTRUCTION OF INFORMATION PROVIDED TO ‘The Company’, DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES. ‘The Company’ SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF ‘The Company’ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF ‘The Company’ TO ‘The Client’ FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO ‘The Company’ BY ‘The Client’ UNDER THIS AGREEMENT DURING THE THIRTY 30 DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY ‘The Company’ UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, ‘The Client’ HEREBY RELEASE ‘The Company’ FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
  44. ‘The Client’ hereby acknowledges and agrees that ‘The Company’ will not be liable for any temporary delay, outages or interruptions of the Services. Further, ‘The Company’ shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control including, without limitation, any mechanical, electronic, communications or third-party supplier failure.
  45. ‘The Client’ hereby acknowledges and agrees that ‘The Company’ reserves the right to temporarily suspend services for the purposes of maintaining, repairing, or upgrading its systems and network. ‘The Company’ will use best efforts to notify ‘The Client’ of pending maintenance however at no time is under any obligation to inform ‘The Client’ of such maintenance.
  46. ‘The Client’ will defend, indemnify and hold harmless ‘The Company’ and its directors, shareholders, employees, consultants, agents, affiliates and suppliers from any and all threatened or actual claims, demands, causes of action, suits, proceedings formal or informal, losses, damages, fines, penalties, liabilities, costs and expenses of any nature, including attorneys fees and court costs, sustained or incurred by or asserted against any Indemnitee by any person, firm, corporation, governmental authority, partnership or other entity by reason of or arising out of or relating to: ‘The Client’ violation or breach of any term, condition, representation or warranty of this Agreement or any applicable policy or guideline; ‘The Client’ conduct, including but not limited to your negligence, gross negligence, or wilful misconduct; your use of the Services, including any improper or illegal uses; any claim by a former employee of ‘The Client’ whose employment has been or may be terminated in connection with or as a result of the execution of this Agreement and performance of the Services by ‘The Company’; or any claim relating to ‘The Client’ services or products, or ‘The Client’ installation and or use of any third-party software, including but not limited to advertising, product liability claims or infringement of any trademark, copyright, patent, trade secrets or non-proprietary right of a third party including, without limitation, defamation, libel, or violation of privacy or publicity.
  47. Both ‘The Client’ as well as ‘The Company’ agree that all Confidential Information as defined herein communicated to it by the other is done so in confidence and will be used only for the purposes of this Agreement and will not be used to compete with the other party or disclosed to any third party without the prior written consent of the other party except as permitted under this Agreement. Confidential Information means all information in any form, including, without limitation, printed or verbal communications and information stored in printed, optical or electromagnetic format, which relates to the Services; or computer, data processing or electronic commerce programs and software; electronic data processing applications, routines, subroutines, techniques or systems; information which incorporates or is based upon proprietary information of either party; or information concerning business or financial affairs, product pricing, financial conditions or strategies, marketing, technical systems of either party; or any information concerning customers or vendors of either party; or any data exchange between a party and any customers or vendors. Exceptions to Confidential Information include information in the public domain; information developed independently by a party without reference to information disclosed under this Agreement; or information received from a third party without restriction and or breach of this or a similar Agreement.
  48. It is not a violation of this provision to disclose Confidential Information in compliance with any legal, accounting or regulatory requirement beyond the control of either Party or, but in such case, prior to disclosure, the disclosing Party shall give written notice to the other Party to permit that Party an opportunity to challenge such disclosure. If either Party is subpoenaed, such Party shall give written notice to the other Party to permit that Party an opportunity to challenge the disclosure of Confidential Information. Upon the termination of this Agreement and upon written request of the disclosing Party, each Party shall promptly return all Confidential Information of the other Party.
  49. All notices, reports, requests, or other communications given pursuant to this Agreement shall be made in writing, shall be delivered by hand delivery, overnight courier service, fax, or electronic mail, shall be deemed to have been duly given when delivered.
  50. THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF SOUTH AFRICA, WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN THE PROVINCIAL COURTS LOCATED IN GAUTENG, AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.
  51. This Agreement and all policies and guidelines incorporated in this Agreement by reference constitutes the entire Agreement of the parties and may not be modified or altered orally but only by an agreement in writing signed by both parties.
  52. No Third-Party Beneficiaries ‘The Company’ is not the agent, fiduciary, trustee or other representative of ‘The Client’. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of the parties hereto.
  53. ‘The Client’ may not transfer or assign ‘The Client’ rights, duties, or obligations under this Agreement without ‘The Company’ prior written consent. ‘The Company’ may assign its rights and obligations under this Agreement and may utilize affiliate and or agents in performing its duties and exercising its rights under this Agreement, without ‘The Client’ consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assignees.
  54. ‘The Company’ failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of ‘The Company’ right to subsequently enforce such provision or any other provisions under this Agreement. If any provision of this Agreement is deemed illegal, invalid, void or otherwise unenforceable in whole or in part, that provision shall be severed or shall be enforced only to the extent legally permitted, and the remainder of the provision and the Agreement shall remain in full force and effect. If any provision of this Agreement is deemed to be invalid, void or unenforceable only with respect to a particular application, such term or provision shall remain in full force and effect with respect to all other applications.
  55. All provisions of this Agreement relating to your warranties, intellectual property rights, limitation and exclusion of liability, your indemnification obligations and payment obligations shall survive the termination or expiration of this Agreement.
  56. ‘The Company’ use a Restraint of Trade to preserve the trusted fundamental resources of ‘The Company’ business. Whether it is an invaluable database of ‘The Company’ clients, our company business plan, ‘The Company’ marketing strategy, ‘The Company’ business model or a secret strategy that wow's competitors, a secret recipe or trade secret unbeknown to anyone but those belonging to ‘The Company’. A restraint of trade ensures that those savvy to a company's unique differentiator does not leak classified company information to the public or competitors indefinitely. Being educated and trained by ‘The Company’ to perform a certain task is a skill-set which may not be replicated to start ‘The Client’ own or similar service or company for a min period of 12 months from the last day of conducting business with ‘The Company’.
  57. ‘The Company’ publishers, authors and contributors reserve their rights in regards to copyright of their work. No part of this work covered by the copyright may be reproduced or copied in any form or by any means without the written consent of the publisher. No person, organization or party should rely or on any way act upon any part of the contents of this publication whether that information is sourced from the website, magazine or related product without first obtaining the advice of a fully qualified person. ‘The Company’ publisher, contributors, editors and related parties are not responsible in any way for the actions or results taken any person, organisation or any party on basis of reading information, stories or contributions in this publication, website or related product. The publisher, contributors, editors and consultants disclaim any and all liability and responsibility to any person or party, be they a purchaser, reader, advertiser or consumer of this publication or not in regards to the consequences and outcomes of anything done or omitted being in reliance whether partly or solely on the contents of this publication and related website and products. The publisher, editors, contributors and related parties shall have no responsibility for any action or omission by any other contributor, consultant, editor or related party.
  58. Should any client of ‘The Company’ or any of the suppliers or up-line internet service providers clients partake in or cause any action intentionally or unintentionally resulting in the blocking of any of ‘The Company’ IP addresses or any IP address of ‘The Company’ up-line supplier or internet service provider both locally or internationally by 3rd party anti-virus or anti-spam companies, then ‘The Client’ waiver the right to cancel any services with ‘The Company’ as this matter falls outside the services and products offered by ‘The Company’. ‘The Company’ may however take all the action required within reason to assist in resolving such actions with up-line suppliers and internet service providers including 3rd party anti-virus and anti-spyware companies and vendors.
  59. Should ‘The Client’ change any account settings or passwords in the CPANEL post receipt of login credentials provided by ‘The Company’ and for any reason loose the new settings or passwords, ‘The Client’ will remain responsible for the configuration thereof and not ‘The Company’. However, ‘The Company’ can assist with the resetting of passwords subject to ‘The Client’ sending ‘The Company’ written instruction to do so on a company letterhead and from the original email address when applicable and within the time frame as set by ‘The Company’
  60. In the event that ‘The Client’ registered a domain name with another ISP other that ‘The Company’ and therefore requires the DNS records to be pointed to ‘The Company’ servers, then the responsibility lies with ‘The Client’ to configure all the DNS records required for hosting the website, email, and all related settings with their own IT Staff or with their own sub-contractors. ‘The Client’ remains therefore responsible for these settings at present or in future and not ‘The Company’
  61. Should ‘The Client’ decide to terminate the services with ‘The Company’ and wish to transfer the domain to another ISP including repointing of all DNS records to the new ISP, ‘The Client’ should inform ‘The Company’ at least 2-3 work days prior in doing so in order for ‘The Company’ to accepts such records digitally to allow for all servers to replicate such updates. In any event where any party intentionally or unintentionally contributes to the rejection or delay of such transfers, ‘The Client’ waivers any and all rights in holding ‘The Company’ responsible for any downtime for website or email related communication as result of such transfer processes and ‘The Client’ acknowledges that it is the sole responsibility of ‘The Client’ to backup any and all data relating to email, website, databases, etc. prior to such transfers.
  62. Should ‘The Client’ not be satisfied with this process then kindly do not engage in further business with ‘The Company’.
  63. E&OE



SIGN ABOVE LINE - I HEREBY AGREE TO & ACCEPT THE TERMS AS EXPLAINED HEREIN
PRINT, SIGN, SCAN, EMAIL OR FAX TO 086 669 0501 BEFORE BUSINESS CAN BE CONDUCTED.


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