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Service Agreement

IT Support on Home and SME PC's in Pretoria area

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Terms and conditions:

This Agreement sets forth the Standard Terms and Conditions that applies to the usage of web-host.za.net's Internet services. Web-host.za.net is the Internet services division of InTsol cc and as such is owned and administered by InTsol cc. Referring to or mentioning web-host.za.net also refers to or mentions InTsol cc.

BY USING WEB-HOST.ZA.NET'S HOSTING SERVICES AND/OR DOMAIN NAME REGISTRATION SERVICE YOU AGREE TO BE UNCONDITIONALLY BOUND BY THE TERMS OF SERVICE AS SET OUT ON THIS PAGE. THESE TERMS AND CONDITIONS APPLY TO ALL WEB-HOST.ZA.NET'S INTERNET SERVICES CLIENTS.

Terms and Conditions
You agree to familiarize yourself with these terms, and abide by them if you choose to use the services to which these terms apply. 

User Conduct
You agree to abide by all applicable local, state, national and international laws and regulations regarding your use of our service.

User Eligibility
You represent and warrant that you are the person legally responsible for all usage of this account and that you are at least 18 years of age. If you are under 18 years of age, you must have parental consent in order to sign up, and the account must be ordered by a parent or legal guardian and registered in their own name. You agree to supply web-host.za.net  with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current.

Contents of Messages
You are solely responsible for the contents of your messages and your website and the consequences thereof. You agree to abstain from actions that would restrict or inhibit any other user from using and enjoying the Internet. You further agree not to use the services of  web-host.za.net  to send any messages or material that are unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or that otherwise constitute a criminal offence. You further agree to abstain from any action which may give rise to civil liability or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offence, or any action that may give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. web-host.za.net  reserves the right to terminate your account if web-host.za.net  becomes aware and determines, in its sole discretion, that you are violating any of the foregoing guidelines through unlawful or Prohibited Use.

As a condition of your use of the web-host.za.net Hosting Service you warrant to web-host.za.net  that you will not use the web-host.za.net Hosting Service for any unlawful purpose. Transmission, distribution, or storage of any information, data or material in violation of United States or other state regulation or law, or by common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. web-host.za.net  reserves the right to remove such illegal material from the Diamond Integrated Solutions cc servers immediately. 

Terms of Payment
You agree to pay web-host.za.net  appropriate payment for the services received from web-host.za.net , in advance of the time period during which such services are provided. Payment may be made by Cash, Debit Order or Bank Transfer, however web-host.za.net  may require users to return a debit order Authorization Form for any payment cost over three hundred (R300) Rand. If you pay by debit order, you agree to provide web-host.za.net  with current billing and contact information and authorize web-host.za.net  to bill all account and related charges to the bank account on file. You further agree that until and unless you notify web-host.za.net of your desire to cancel any or all services received, those services will be billed on a recurring basis. You agree that prepayments will be billed and charged automatically, that web-host.za.net  may apply the amount due to the provided account at any time, and will issue absolutely no refunds. If your debit order is denied for any reason on the first attempt, we will automatically attempt to resubmit such a debit order within ten business days of the original attempt. Should the debit order be denied again, we may terminate the account. All files within the account may be deleted on termination. You may notify us in advance not to bill your account, and to provide for alternative billing arrangements.

If an account is not paid for at closing time the third (3) day of each month the account may be placed in suspension until payment is received. web-host.za.net  will charge an additional twenty five (R25) Rand to activate the account again. 

Users will have seven (7) days after this suspension to make payment. After seven (7) days of this period, web-host.za.net  will charge an additional ninty five (R95) Rand for late payment. 

No receipts will be sent by regular mail.

All accounts are setup and billed on a prepaid monthly basis. web-host.za.net  reserves the right to change prices at any time but will try not to increase prices unless it is absolutely necessary. 

All payments are to be made in South African currency. 

If users failed to make payment within thirty (30) days, web-host.za.net  reserve the right to either take ownership of such domain and use it for their own purposes, delete such domain and forfeit any monies already paid or hand the account over to our agents for collection or take ownership of the relevant domain name to cover costs.

Monies already paid will always first be utilized against administration fees, services fees, hosting fees and then domain registration fees, and in this order. 

Web Site Content
Full back-ups are made weekly, and back-ups of new/changed data are made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these back-ups. Back-ups are made for server restoration purposes only. You are responsible for keeping a copy of your most current web site files as backup on a remote system. web-host.za.net  is not responsible for any lost files, information, or data. However, if any loss of data occurs due to an error of web-host.za.net , web-host.za.net  will use any reasonable efforts to recover the data at no charge to you. If data loss occurs due to your negligence in securing an account or due to an action on your part, web-host.za.net  will use reasonable efforts to recover the data from the most recent archive @ our standard fee of R200ph. 

User Responsibilities
You may not initiate sites that provide any of the following content or links on the web-host.za.net  servers:

* Pirated Software (Wares) or any software that is copyrighted and not freely available for distribution without cost. 
* Hacking, phreaking, phising, viruses, anarchy, etc. 
* IRC Bots, Spam ware. 
* Archives (music, video and program archives) 
* Sexually explicit, obscene or pornographic content (whether in text or graphics) 
* Speech or images that are offensive, profane, hateful, threatening, harmful, defamatory, libellous, harassing, discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability or otherwise) or that promote any illegal activity. 
* Graphic violence. 

You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by web-host.za.net , including restrictions on services available with each service type, restrictions on certain features, and all other policies. You agree to abide by any and all future web-host.za.net  policy decisions. web-host.za.net  reserves the right to terminate any account that does not conform to these requirements. 
  
Zero Tolerance Spam Policy
web-host.za.net  takes a zero tolerance stance against sending of unsolicited e-mail, commonly known as spam. Any user who sends out spam will have their account terminated without notice, and may be charged a one time administration fine of one hundred (R100) Rand if we can show proof that the user sent the e-mail from our servers. Web-host.za.net  reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. web-host.za.net  also reserves the right to make any such modifications in an emergency at our sole discretion. 
  
Hosting Service Provider's Rights
You agree that web-host.za.net  has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. web-host.za.net reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. web-host.za.net  also reserves the right to refuse refunds in cases where web-host.za.net  believes abuse has taken place. 

web-host.za.net  reserves the right to monitor any and all communications through or with our facilities. You agree that web-host.za.net  is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.

Uptime Guarantee
web-host.za.net  guarantees that the service will be available 99.9% of the time. The "99.9% Uptime Guarantee" applies to any of our customers in good financial standing. If we fail to meet the 99.9% Uptime, the following credits will apply to those who qualify: 

* 95.0% to 99.8% - web-host.za.net  will credit back 25% of the monthly fee.
* 90.0% to 94.9% - web-host.za.net  will credit back 50% of the monthly fee.
* 89.9% or below - web-host.za.net  will credit back 100% of the monthly fee.

Customers must request such credit within seven (7) days after unavailability. Web-host.za.net  will calculate unavailability in a calendar month. Credits will not be provided to customers in the event that the unavailability was due to: 

(i) scheduled maintenance as posted from time to time at web-host.za.net , (ii) customer's behavior or the performance or failure of customer's equipment, facilities or applications, or (iii) circumstances beyond web-host.za.net's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability or interruption or delay in telecommunications or third party services (including DNS propagation), failure of third part software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site. 
  
Sharing of Account Space & Resale Restrictions
You represent and warrant that the account you purchase is purchased either for yourself or on behalf of a client. You agree that you are the individual solely responsible for the account whether it's on behalf of a client or not.
  
Refund Policy
web-host.za.net  will refund payments for the service within thirty (30) days of account activation, with the exception of setup fees, domain registration fees and additional options charges. No refunds will be issued after thirty (30) days, whether in full or prorata. All refunds will be made by company check within thirty (30) days of receipt of cancellation. Accounts terminated by web-host.za.net for violation of the Terms of Service do not qualify for the 30-day money back guarantee.

The refund policy only apply to new clients that tried our hosting services for one month and are not satisfied with the results. After one month 30 days notice is required to terminate an account.
  
Termination
web-host.za.net  may terminate this agreement and your access to any or all web-host.za.net  related services at any time, with or without cause, effective immediately. web-host.za.net  shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. Anyone determined by web-host.za.net to have violated these Terms may be barred from receiving any services from web-host.za.net. 

You may terminate this Agreement at any time by notifying us via e-mail or fax. You may not terminate the account by simply stopping payment for your account. No refund shall be issued. All termination requests must be received by web-host.za.net  30 days before the start of the next billing period. Accounts with a negative balance must be settled before cancellation can proceed. Failing to settle outstanding amounts will result in the account being passed on to collections, and all services rendered to the party with the negative balance, including domain registrations, will be terminated. 
  
Relationship of the Parties
Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever. 
  
Disclaimer of Warranties / Limitation of Liability
THE WEB-HOST.ZA.NET HOSTING SERVICE PROVIDED IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WEB-HOST.ZA.NET EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE WEB-HOST.ZA.NET  SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY WEB-HOST.ZA.NET , ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. 

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL WEB-HOST.ZA.NET , OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WEB-HOST.ZA.NET HOSTING SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE WEB-HOST.ZA.NET SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO WEB-HOST.ZA.NET RECORDS, PROGRAMS OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT WEB-HOST.ZA.NET IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL SERVICES AVAILABLE FROM WEB-HOST.ZA.NET AND ITS AFFILIATES. 

UNDER NO CIRCUMSTANCES, UNDER THE TERMS OF THIS AGREEMENT, SHALL DAMAGES INCLUDE LOSS OF BUSINESS, OR LOSS OF PROFITS WHETHER BASED ON BREACH OF AGREEMENT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE. 
THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON. 
  
Copyright and Trademarks
All contents of the web-host.za.net web site are proprietary to web-host.za.netís suppliers and are protected under Copyright. All rights are reserved. Web-host.za.net and/or its suppliers reserves any rights not expressly granted herein. Furthermore, web-host.za.net and/or its suppliers retains all rights to the web design provided to you through the web-host.za.net  hosting services.
  
Force Majeure
If by reason of failures of telecommunications or internet service providers, labor disputes, riots, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond the control of web-host.za.net , web-host.za.net  is unable to perform in whole or in part its obligations as set forth in this Agreement, then web-host.za.net shall be relieved of those obligations to the extent it is so unable to perform and such inability to perform shall not make web-host.za.net  liable to the user. 
  
Governing Law
South African law shall govern this Agreement, and any dispute arising from the relationship between the parties to this Agreement, excluding any laws that direct the application of another jurisdiction's laws. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and cost and expenses incurred, subject to the Limitation of Liabilities clause. The parties consent to the exclusive jurisdiction and venue of the courts of the South African Government. 
  
Severability
If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 
  
Survivability
The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely - warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment. 
  
Indemnification
You agree to defend, indemnify and hold harmless web-host.za.net  against any and all claims, losses, penalties, causes of action, damages, liability, costs, expenses (including but not limited to reasonable attorneys' fees) or claims caused by or resulting indirectly from your use of the web-host.za.net  service, without limitation or exception, including your violation of any third-party's rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with. 
  
Remedy
You agree that your sole and exclusive remedy to any issues relating to web-host.za.net's Internet services is to discontinue using the service. 
  
Assignment
In the event of a merger or consolidation of web-host.za.net , the surviving or new corporation and any subsidiaries are similarly subject to the rights and obligations of this Agreement. 
  
Entire Agreement
Unless otherwise specified herein, this Agreement constitutes the complete and exclusive statement of the Agreement between the parties regarding the products and services provided hereunder, and supersedes any prior Agreements between the parties with respect thereto. 
  
Waiver
The failure of web-host.za.net  to enforce a provision of this Agreement shall not be construed as a waiver or limitation of web-host.za.net's right to subsequently enforce and compel strict compliance with every provision of this Agreement. 
  
Modification of Terms
Web-host.za.net  reserves the right to modify this policy at any time and without advance notice, effective upon making the modified provisions available on the web-host.za.net  web site. You are responsible for regularly reviewing these documents. Continued use of the web-host.za.net  Internet services after any such changes shall constitute your consent to such changes. web-host.za.net does not and will not assume any obligation to notify you of any changes to these Terms.

 

If you have any problems or queries, please use the Contacts page to write to us.

 

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  |Contact us | Support | FAQ |Copyright © 2004 Intsol cc.  All rights reserved. Last modified: Wednesday December 13, 2006
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