
Web Hosting terms and conditions |
Web Hosting Terms of Use
This Agreement is between Static Rope IT Solutions cc. (hereafter referred to as "Provider") and the Client named hereafter. The Provider agrees to provide, and Client agrees to accept through Provider access to Web Hosting services according to the following terms and conditions: 1. TERM AND COMPENSATION: 1.1 This agreement covers the web hosting services only. Other Internet services by the same PROVIDER are available at www.staticrope.co.za and are subject to another agreement 1.2 The parties agree to a contract for the duration of the service, beginning after Provider has setup account for client. 1.3 This Agreement will automatically renew for successive periods according to service unless canceled in writing, at least 30 days prior to cancellation. Client will receive a monthly invoice for charges on or about the 1st of each month. Invoices are due by the 1st of the month following the invoice. Such charges and fees are subject to change, with 30 days notice from the Provider. Continuation of use of services by Client indicates agreement to such changes or revisions. 1.4 A one time per month late charge of Thirty rand (R30.00) will be charged to Client if payment has not been received by the 7th business day of each month. If an account goes beyond 14 days past due, Provider reserves the right to suspend site. If a site is suspended, there will be a One hundred rand(R100.00) reconnect fee, which will be due, along with any and all late fees, before the account will be reactivated. If the client cancels before the end of the term they will be charged the full retail price of their subscribed plan for the service which will be prorated accordingly. 2. DISCLAIMER OF WARRANTY: 2.1 PROVIDER'S SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. DUE TO PROVIDER'S RELATIONSHIP WITH ON LINE NETWORKS, THE PROVIDER GIVES NO WARRANTY, EXPRESSED OR IMPLIED, FOR THE WEB HOSTING SERVICES PROVIDED, INCLUDING WITHOUT LIMITATION, WARRANTY OF THE MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF WARRANTY EXPRESSLY DISCLAIMS ANY RIGHT TO REIMBURSEMENT FOR DIRECT OR CONSEQUENTIAL LOSSES, INCLUDING BUT NOT LIMITED TO LOSSES OF INCOME, DUE TO DISRUPTION OF SERVICE BY PROVIDER OR ITS PROVIDERS BEYOND THE FEES PAID BY CLIENT TO PROVIDER FOR SERVICES. 2.2 Client expressly agrees that use of Provider's service is at Client's sole risk. Provider, its employees, affiliates, agents, third party information providers, merchants licensers or the like, indicate Provider's Web Hosting service may be interrupted and is not likely to be error free. Provider makes no warranty as to the results that may be obtained from the use of the Web Hosting service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Web Hosting service, unless otherwise expressly stated in this Agreement. 2.3 Under no circumstances, including negligence, shall Provider, its offices, agents or anyone else involved in creating, producing or distributing Provider's Web Hosting service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Provider's Web Hosting services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to, communication failure, theft, destruction or unauthorized access to Provider's records, programs or services. Client maintains sole responsibility for data backups and restoration. Client hereby acknowledges that this paragraph shall apply to all content on Provider's Web Hosting services. 2.4 Use of any information obtained by way of Provider is at Client's own risk and Provider specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and does not represent guarantees of available end to end bandwidth. 2.5 Provider disclaims liability for any damages arising from Client's use of Provider or by Client's Server(s). Provider disclaims liability for Client's data, files, or directories residing on Provider's equipment or its Providers equipment. Client is solely responsible for maintaining data, file, and directory structure back-ups. 2.6 Provider shall not be deemed to be in default of or to have breached any provision of this Agreement as a result of any delay, failure in performance or interruption of the Services, resulting directly or indirectly from, acts of civil or military authority, civil disturbance, war, strikes or other labor disputes and disturbances, fire, transportation contingencies, shortages of facilities, fuel, energy, labor or materials, or laws, regulations, acts or order of any government agency or official thereof, other catastrophes, or any other circumstances beyond Provider's reasonable control. In the event of any such delay or failure, performance of the Services shall be deferred to a date and time mutually agreeable by the parties. 2.7 Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate rand amount which Client paid during the term of this Agreement. 3. TRADEMARKS AND COPYRIGHTS: 3.1 Client warrants that it has the right to use the applicable trademarks of Client, and grants to Provider the rights to use such trademarks, if any, in connection with Provider's motion of, referencing of, cataloging of, or indexing of Provider's Web Hosting clients. 3.2 CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING LIBELOUS OR HARMFUL. CLIENT WILL HOLD PROVIDER HARMLESS AND INDEMNIFY PROVIDER FROM ANY DAMAGES, FINES, OR COSTS INCLUDING ATTORNEY FEES WHICH MAY ARISE FROM ANY SUCH VIOLATION OR INFRINGEMENT. 4. CAPACITY: Client certifies that he or she has full right and authority to enter into this agreement to bind Client hereto. 5. INTERNET ETIQUETTE: 5.1 Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilize. 5.2 Use of distribution list via unsolicited electronic mail or other electronic mailings is strictly prohibited. The Provider reserves the right to deactivate the Client's Web Hosting account(s) upon an indication of such activity. Client hereby agrees to indemnify and hold harmless the Provider from any claim resulting from the Client's or another party's use of electronic mail service(s) on the Client's Web Hosting account(s). 6. TERMINATION: This Agreement may be terminated by either party, with 30 days prior notice. Outstanding invoices are not affected by termination. Provider may terminate service under this Agreement at any time, without penalty, if Client fails to comply with the terms of this Agreement. 7. INDEMNIFICATION: 7.1 CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT CONTAIN ANYTHING LEADING TO AN ABUSIVE OR UNETHICAL USE OF THE WEB HOSTING PRODUCT(S) OR THE HOST SERVER(S). ABUSIVE AND UNETHICAL MATERIALS AND USES INCLUDES, BUT IS NOT LIMITED TO, PORNOGRAPHY, OBSCENITY, NUDITY, VIOLATIONS OF PRIVACY, COMPUTER VIRUSES, ANY HARASSING AND HARMFUL MATERIAL OR USES, ANY ILLEGAL ACTIVITY, OR MATERIAL ADVOCATING ILLEGAL ACTIVITY, AND ANY INFRINGEMENT OF PRIVACY OR LIBEL. 7.2 Client agrees that it shall defend, indemnify, save and hold Provider harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Provider, agents, its clients, servants, officers and employees, that may arise or result from publication or use of client's materials, any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Provider against Liabilities arising out of 7.2.1 Any injury to person or property caused by any products or services sold or otherwise distributed in connection with Provider's Web Hosting service. 7.2.2 Any material supplied by Client infringing on the proprietary rights of a third party 7.2.3 Copyright infringement 7.2.4 Any defective product which Client sold on the Web Hosting. 8. ENTIRE UNDERSTANDING: 8.1 This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 8.2 The section headings and captions contained herein are for reference purposes and convenience only and shall not in any way affect the meaning or interpretation of this Agreement. 8.3 Where the context so requires, the masculine gender shall include the feminine or neuter, and the singular shall include the plural and the plural the singular. 8.4 The recitals above set forth are incorporated herein by reference. 8.5 This Agreement contained in this Contract constitutes the sole agreement between Provider and Client regarding its Web Hosting service. It is construed in accordance with local and federal laws. 8.6 Client will use the Web Hosting services in a manner consistent with any and all applicable laws. Signing up for an account binds the clients to the above contract. |
Web design terms and conditions |
Web Design Terms of Use This Agreement is between Static Rope IT Solutions cc. (hereafter referred to as "Provider") and the Client named hereafter. The Provider agrees to provide, and Client agrees to accept through Provider access to Web Hosting services according to the following terms and conditions: 1 .Web design services only. This agreement covers the web design services only. Other Internet services by the same PROVIDER are available at www.staticrope.co.za and are subject to another agreement. 2. Policies. CLIENT agrees to abide by PROVIDERS "Acceptable use policy" and "Copyright infringement policy". PROVIDER reserves the right to change the policies from time to time to reflect the dynamic nature of the Internet. Both policies are available on-line any time or as a hard copy by request only. 3. Custom design. Client has the option to order any kind of web design, logo design on a full custom basis. Some custom work carries minimal hours. Client understands that design is not exact science and that results may vary. Client trusts Provider based on his own research, review of previous work etc. Client will be responsible for the payment of the fees regardless how satisfied or unsatisfied with the result he is. Estimates may not be accurate. Client may set limits and the work will stop when the limit is reached. 4. "Add on". Provider offers a number of standard “add on” features at flat rate. Client agrees to pay such flat rate for the feature “as is”. 5. Static Rope IT Solutions logo placement. Client agrees the text and logo “Design by Static Rope IT Solutions” to be placed at the bottom of each and every web page designed by Provider. 6. Copyright. Static Rope IT Solutions is the owner of the Copyrights of all designs. Client is the copyright owner of the content (text, pictures etc.) unless Client uses someone else’s copyrights with permission. 7. On-line subscription. If CLIENT makes an on-line, paperless subscription for the services. CLIENT acknowledges that all the information he submits on-line is true and correct to the best of his knowledge. CLIENT agrees that the act of submitting his subscription form on-line is equivalent to his/her signature. 8. Price change. PROVIDER has the right to change the price of the services to reflect a change in the cost of the service, or other reasons. 9. Start of services. Services will typically start on the next business day after Client submits the content. 10. Content submission. Provider provides online tool for content submission and will accept every other reasonable communication like e-mail, Postal Service etc. Special human coordinator is available to Client 8 hours per day, 5 days a week to facilitate the content submission and to answer questions. It is Client’s responsibility to provide all the content in a timely manner. Design work will not start before all content is submitted. 11. Quality of Services. Provider will apply the best efforts to provide the best possible quality. As with any design work client’s satisfaction can not be guaranteed. Provider will not take returns and refund fees based on quality issues. 12. Fees. CLIENT agrees to pay for the services the fees. 13. Delivery. PROVIDER will deliver (install) the design to a valid web address specified by Client. 14. Web hosting services. Client understands and agrees that he has to have active web hosting in order to be able to accommodate the web design.www.staticrope.co.za provides web hosting services subject to separate agreement. 15. Acceptance. Client agrees to accept the design within 3 business days after the notification of delivery. Mechanical errors can be reasons for non acceptance (rejection). Examples: someone else’s web site was delivered by mistake, missing pages, broken links, missing content etc. Design quality can not be a reason for rejection. Examples: don’t like the design, expected something else etc. can not be reasons for rejection. If client does not respond to inquiry for acceptance within 3 business days the work will be considered accepted. 16. Terms. This agreement is terminated upon the acceptance of the design work by the Client, however the obligations of client to pay remain after the termination of this agreement until all fees due are paid in full. 17. Payments. CLIENT agrees to pay upfront for all “flat fee” services and upon receiving of invoice for all hourly bills. Financed monthly charges are due upfront for the first payment and on the account anniversary date each month thereafter until the expiration of the payment term. 18. Late Payment. CLIENT agrees to pay additional late fee of 10% for the following month. 19. No refunds. Provider will not refund collected fees unless such refund is explicitly authorized by this agreement. 20. LIMITED LIABILITY. PROVIDER SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE PRODUCT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF USE, LOST DATA, LOSS OF PRIVACY, DAMAGES TO THIRD PARTY EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIMS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR OTHERWISE. FURTHER, PROVIDER WILL NOT CENSOR ANY CONTENT ON THE INTERNET. IT WILL BE CLIENT'S RESPONSIBILITY FOR THE USAGE OF HIS CONTENT AND ANY CONSEQUENCES OF THIS USAGE. 21. Indemnification. CLIENT shall indemnify, defend by counsel reasonably accepted by PROVIDER, protect and hold PROVIDER harmless from and against any and all claims, liabilities, losses, costs, damages, expenses, including consultants' and attorneys' fees and court costs, demands, causes of action, or judgments directly or indirectly arising out of or related to the web design and other services provided by PROVIDER to the CLIENT. 22. Entire Agreement. This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior and contemporaneous, oral or written representations, communications, understandings and agreements between the parties with respect to the subject matter hereof, all of which representations, communications, understandings and agreements are hereby canceled to the extent they are not specifically merged herein. The parties acknowledge and agree that neither of the parties is entering into this Agreement on the basis of any representations or promises not expressly contained herein. 23. Modification. This Agreement shall not be modified, amended, canceled or in any way altered, nor may it be modified by custom and usage of trade or course of dealing, except by an instrument in writing and signed by both of the parties hereto. 24. Waiver. Performance of any obligation required of a party thereunder may be waived only by a written waiver signed by the other party, which waiver shall be effective only with respect to the specific obligation described therein. The waiver by either party hereto of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach of the same provision or any other provision of this Agreement. 25. Serve ability. If any provision of this Agreement shall be unlawful, void, or for any reason, unenforceable, it shall be deemed serve able from, and shall in no way affect the validity or enforceability of, the remaining provisions of this Agreement, which shall remain valid and enforceable according to its terms. 26. Governing Law. This Agreement was entered into in the Country of South Africa and its validity, construction, interpretation and legal effect shall be governed by the laws and judicial decisions of the Country of South Africa applicable to contracts entered into and performed entirely within the Country of South Africa. 27. Authority to Execute. Each of the parties to this Agreement represents and warrants that it has full power to enter into this Agreement and that it hasn't assigned, encumbered, or in any manner transferred all or any portion of the claims covered by this Agreement. 28. Benefit of Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of each of the parties hereto, and except as otherwise provided herein, their respective legal successors and permitted assigns. 29. Cumulative Remedies. Except as specifically provided herein, no remedy made available to either party hereunder is intended to be exclusive of any other remedy provided hereunder or available at law or in equity. 30. No Partnership or Agency. Nothing in this Agreement shall be construed as creating a joint venture, partnership, agency, employment relationship, franchise relationship or taxable entity between the parties, nor shall either party have the right, power or authority to create any obligations or duty, express or implied, on behalf of the other party hereto, it being understood that the parties are independent contractors vis-a-vis one another. 31. No Third Party Beneficiaries. Nothing contained in this Agreement, express or implied, shall be deemed to confer any rights or remedies upon, nor obligate any of the parties hereto, to any person or entity other than such parties, unless so stated to the contrary. 32. Excused Performances. Provider shall not be deemed to be in default of or to have breached any provision of this Agreement as a result of any delay, failure in performance or interruption of the Services, resulting directly or indirectly from, acts of civil or military authority, civil disturbance, war, strikes or other labor disputes and disturbances, fire, transportation contingencies, shortages of facilities, fuel, energy, labor or materials, or laws, regulations, acts or order of any government agency or official thereof, other catastrophes, or any other circumstances beyond Provider's reasonable control. In the event of any such delay or failure, performance of the Services shall be deferred to a date and time mutually agreeable by the parties. 33. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 34. Captions. The section headings and captions contained herein are for reference purposes and convenience only and shall not in any way affect the meaning or interpretation of this Agreement. 35. Gender. Where the context so requires, the masculine gender shall include the feminine or neuter, and the singular shall include the plural and the plural the singular. 36. Recitals. The recitals above set forth are incorporated herein by reference. |