Terms and Conditions - Pre 22 August 2008
1. THIS AGREEMENT is between Web Online CC ("Webonline") and the individual who is applying for Web Hosting Services, by submitting the subscription form online ("CLIENT"). THE CLIENT agrees to an on-line, paperless subscription. THE CLIENT acknowledges that all the information that is submitted online is true and correct to the best of his/her knowledge. In the event that the individual submitting the subscription form online is acting in his/her capacity as a duly authorised representative of any juristic person, then:
1.1 The individual, by submitting the subscription form online, also binds himself/herself as surety and co-principal debtor, together with the juristic person whom he or she represents, in respect of all obligations flowing from the utility of the Web Hosting Services; and
1.2 The individual hereby warrants that he/she is duly authorised to submit the subscription form and bind the juristic entity as THE CLIENT in accordance with these terms and conditions.
2. THE CLIENT agrees that the act of submitting his subscription form online constitutes consent by THE CLIENT to these terms and conditions, or any amendment thereto, from time to time.
3. PROVISION OF SERVICES:
Webonline agrees to provide Web-site hosting and related hosting services to THE CLIENT, subject to the following terms and conditions:
4. CONTENT LIABILITY AND INDEMNIFICATION:
4.1. THE CLIENT acknowledges that Webonline does not regulate or take any responsibility for the content of THE CLIENT's page or for the security of THE CLIENT's password.
4.2. THE CLIENT warrants that it has all rights necessary to lawfully submit any information or materials that it is uploading or transmitting to Webonline, including all intellectual property rights.
4.3. THE CLIENT agrees to indemnify Webonline against actions brought by a third party as a result of such material or information, or as a result of THE CLIENT's use in any way of the Services provided by Webonline.
5. CONTRACT TERMINATION:
5.1. In the event that Webonline at any time reasonably believes that THE CLIENT is in breach of any of the terms and conditions contained in this agreement or is using Webonline services in an unacceptable manner as defined is the "Acceptable Use Policy", then Webonline may immediately terminate this agreement without notice or liability.
5.2. THE CLIENT shall be responsible for the entire amount of the most recent statement and any excess usage charges at the time of termination.
5.3. THE CLIENT may terminate this contract at any time by giving Webonline no less than one calendar month's notification. The notice period shall start upon Webonline receiving a completed cancellation notice from THE CLIENT. Granting of a shorter notice period is entirely at the discretion of Webonline. Such written cancellation must be submitted to Webonline by FAX, registered mail or e-mail.
5.4. A cancellation will only be effected upon THE CLIENT settling the outstanding account via debit order or via cash deposit.
5.5. A cancellation request must include the reason for cancellation, instructions as to the disposal of the domain name and must indicate the date until which service is required. A copy of the CLIENT's Identity Document must be attached to the cancellation request.
5.6. Cancellations via e-mail must be sent to email@example.com and must be sent from THE CLIENT's e-mail address we have on record.
5.7. A cancellation will not be accepted from any third party. The cancellation must be from THE CLIENT.
5.8. Any cancellation request that does not fulfil these criteria shall not be deemed valid.
5.9. THE CLIENT will be notified via e-mail, sent to the e-mail address on record, as soon as the cancellation has been processed.
5.10. CLIENT's that transfer international TLD's (Top Level Domains) to Webonline will be responsible for a domain renewal fee should THE CLIENT cancel within the first year of hosting.
5.11. CLIENT's that reinstate web site hosting or domain name hosting with Webonline which they previously cancelled with Webonline, are subject to a minimum of a six (6) months minimum subscription for the web site hosting or domain name hosting with Webonline. Cancellations or downgrades for services on domain names is such cases will not be accepted in the first six (6) months of the reinstated service.
6. WARRANTIES AND GUARANTEES:
6.1. Webonline makes no warranties or guarantees of any kind, whether express or implied, for the services to be provided hereunder.
6.2. THE CLIENT agrees that Webonline shall not be liable for any losses or damages of any kind to THE CLIENT or the CLIENT's Customer, including, but not limited to, those that may result from service interruption delays or non-deliveries.
7. BILLING POLICY:
7.1. Accounts 30 days past due may result in the cancellation without notification of the agreement between Webonline and THE CLIENT and which may result in deletion of THE CLIENT's (but not limited to) files, including email, backups, databases and domain name.
7.2. THE CLIENT will immediately be handed over for collection and listed on ITC(a credit bureau) in the event of a debit order being returned as "payment stopped".
7.3. All overdue accounts shall be charged interest on a monthly compounding basis.
7.4. THE CLIENT is responsible for all collection costs and attorney's fees on any outstanding amounts.
7.5. Invoices will be issued (or re-issued) upon request at a nominal fee.
7.6. The fee for the hosting service is payable in advance.
7.7. The yearly domain renewal fee together with an administration fee will be deducted via debit order or credit card when it becomes due.
7.8. All account enquiries must be done via email or alternatively via registered post. Enquires via FAX and Telephone will not be accepted.
7.9. No account queries will be entertained after 30 days of invoice.
7.10. No account queries will be entertained once the hosting have been cancelled.
7.11. Webonline only accepts monthly payment via debit order or credit card. Webonline does not accept monthly payments via EFT or cash deposit.
8. PAYMENT VIA DEBIT ORDER:
8.1. THE CLIENT agrees that submission of bank account information to Webonline constitutes authorisation by THE CLIENT for Webonline to debit the specified bank account for all fees owed THE CLIENT to Webonline.
8.2. The debit orders normally run on the 1st day of each month. (This may vary depending on public holidays and weekends.)
8.3. The first time the debit order runs, it will normally include a pro-rata hosting fee, a set-up and/or domain registration fee if applicable as well as next months hosting fee.
8.4. The debit order system closes on the 20th of each month. All account changes should reach us by the 18th of each month.
8.5. THE CLIENT is responsible for all bank fees, penalties or levies that are as a result of the use of a debit order. This includes any fees the bank may charge THE CLIENT as a result of THE CLIENT having insufficient funds at the time the debit order is presented.
8.6. Webonline normally runs one monthly debit order per domain name.
8.7 Debit orders that were combined into a single debit upon THE CLIENT's request will be "un-combined" upon the combined debit being returned.
9. PAYMENT VIA CREDIT CARD:
9.1. THE CLIENT agrees that submission of credit card information to Webonline constitutes authorisation by THE CLIENT for Webonline to bill the specified credit card for all fees owed by THE CLIENT to Webonline.
9.2. Webonline will debit THE CLIENT's credit card on a monthly basis until the contract is ended. The CLIENT is responsible for all bank fees, penalties or levies that are as a result of the use of a credit card.
9.3. It is THE CLIENT's responsibility to inform Webonline of any changes to THE CLIENT's credit card number or expiry date.
9.4. Credit card transactions are normally presented on the date of set-up and on approximately the same day of each month for the remainder of the hosting period at Webonline.
9.5. Webonline normally runs one monthly transaction per domain name.
10. ADMINISTRATION FEE & OTHER FEES:
10.1. Webonline will charge an administration fee for all declined credit card transactions, all returned debit orders and all returned cheques irrelevant of the reason for the debit order or cheque being returned or the credit card being declined.
10.2. The administration fee is currently R85 or 20% of the transaction value, whichever is the greater and is subject to change without notice.
10.3. The administration fee is applicable per domain and not per debit order. CLIENT's with a combined debit order will incur an administration fee for each domain included in the combined debit.
10.4. THE CLIENT will be liable for all costs and damages associated with intentionally or unintentionally allowing or facilitating a third party's access to Webonline's infrastructure, servers, software, hardware or bandwidth.
10.5. Webonline reserves the right to charge an administration fee on any EFT or cash deposit.
11. CREDIT AND REFUNDS:
11.1. No credit or refund will be passed in any form except as stated in the "Web Site Availability Agreement" document.
11.2. No credit or refund will be passed for inactive or unused accounts.
11.3. No credit or refund will be passed should THE CLIENT transfer their domain away from Webonline during the cancellation notice period
11.4. No credit or refund will be passed for domain names where THE CLIENT has requested the wrong domain name to be registered.
12. SUSPENSION AND UNSUSPENSIONS OF ACCOUNTS:
12.1. THE CLIENT's services will be suspended due to a debit order, credit card or cheque payment being returned or declined.
12.2. No notice will be issued of Webonline's intent to suspend a site.
12.3. Webonline will not be held responsible for any damages, losses or claims as a result of a site being suspended.
12.4. Un-suspensions may take one or more working days.
12.5. THE CLIENT is still responsible for the monthly hosting fee while the site is suspended.
13. CLIENT SUPPORT:
13.1. THE CLIENT is entitled to email support free of charge.
13.2. THE CLIENT will be billed at Webonline's standard hourly rate for all support provided due to errors in THE CLIENT's code.
13.3. THE CLIENT will be billed at Webonline's standard hourly rate for all support provided due issues not related directly to Webonline such as THE CLIENT's internet access, PC set-up etc.
13.4. Support is only available during office hours.
14. THE CLIENT's DATA:
14.1. Webonline shall make a reasonable effort to protect and backup data for THE CLIENT on a regular basis.
14.2. Webonline is neither responsible nor liable for THE CLIENT's data.
14.3. Webonline makes no warranties regarding its ability to recover any lost file, regardless of how or why the file was lost.
14.4. THE CLIENT is solely responsible for their independent backup of data stored on Webonline's server and network.
14.5. Hacking, cracking, defacing of websites etc, is an everyday occurrence and Webonline is not liable for damages THE CLIENT may suffer should THE CLIENT or Webonline fall victim to such an event.
14.6. Webonline does not backup mail.
14.7. Webonline will not be held responsible for the age of the data on the backup. The data's age could vary in age from one to thirty days.
14.8. Webonline is not responsible for the transfer of files from an existing service provider to Webonline's servers when THE CLIENT transfers hosting providers.
14.9. Any mail account (POP3 or IMAP) that has mail that has not been retrieved (downloaded) from Webonline's mail servers after 40 days, will be deleted.
14.10. No new mail will be delivered to THE CLIENT's mail-box if the size of your mail-box exceeds 10 Megabytes.
14.11. Webonline will remove all of THE CLIENT's data, email accounts, zone files etc, upon any DNS update confirmation received from a registrar when a domain is transferred away from Webonline.
15. DATA RECOVERY AND ADDITIONAL SERVICES:
15.1. THE CLIENT will be charged at Webonline's standard hourly fee for the recovery of data or the installation of, or re-installation of components or custom components including CGI scripts and FrontPage Server extensions. The fee will be added to THE CLIENT's debit order deduction or it may alternatively be paid for via credit card. Webonline will not guarantee that data can be retrieved form the backup copies.
16. VIRUS SCANNING OF EMAIL:
16.1. Webonline does offer FREE virus scanning on most of their mail servers.
16.2. Webonline does not offer ANY GUARANTEES as to the effectiveness of this service and will not be held liable for any damage THE CLIENT may suffer as a result of receiving a virus.
16.3. The CLIENT WILL receive virus in their mail from time to time.
16.4. Virus protection remains THE CLIENT's reasonability.
16.5. Webonline reserves the right to terminate this free service without notice.
17. UNSOLICITED EMAIL:
17.1. Webonline will make reasonable effort to block unsolicited email before it reaches THE CLIENT.
17.2. Webonline does not offer ANY GUARANTEES as to the effectiveness of this service.
17.3. All active email accounts will receive unsolicited email from time to time.
17.4. Webonline will not be held liable for "legitimate email" that may be blocked or lost as a result of the service.
17.5. Webonline reserves the right to terminate this free service without notice.
18. DOMAIN NAMES AND DOMAIN NAME DISPUTES:
18.1. Webonline will not be held liable for any disputes arising out of domain name registrations or hosting on behalf of THE CLIENT.
18.2. Webonline will not be liable for damages in the event of a domain name not being registered or available for THE CLIENT's use.
18.3. THE CLIENT is responsible to insure that the domain name is registered correctly at the relevant registrar.
18.4. All domain names registered by Webonline will be registered in THE CLIENTS name. THE CLIENT is responsible for the control of their own domain name.
18.5. Webonline will not be held liable for any losses or damages THE CLIENT may suffer due to a domain name being reallocated, transferred or deleted by any Domain Name Authority or NIC.
18.6. Webonline reserves the right to take ownership of any domain name upon cancellation by THE CLIENT should THE CLIENT not specify any action to be taken in regards to ownership or transfer of the domain name.
18.7. Webonline will retain the ownership of the domain name in the event of THE CLIENT's account not being settled upon termination of the hosting agreement.
18.8. THE CLIENT is responsible for all yearly domain renewal fees and Webonline will not be held responsible for the payment of domain renewal fees.
18.9. THE CLIENT should cancel all services with Webonline at least 30 days before a domain name renewal to avoid a domain name being renewed.
18.10. Webonline will not refund THE CLIENT for any domain name renewal fee already paid to the relevant registrar.
18.11. THE CLIENT will be responsible for all legal costs [as between attorney and own client] incurred by Webonline, whether formal action is instituted or not, due to any disputes, including domain name disputes and/or claims arising out of the use or registration of the CLIENT's domain name, or any of the other services offered by Webonline, from time to time..
19. FREE DOMAIN NAMES AND FREE ANNUAL RENEWALS:
19.1. Webonline offers THE CLIENT the option of free domain registration and or free annual domain renewal on specific hosting options.
19.2. Only specific TLD's (Top Level Domains) are available with this offer.
19.3. The domain name registration is free, but is subject to hosting with Webonline for a minimum period of twelve (12) months from registration.
19.4. The annual domain name renewals is free, but is subject to hosting with Webonline for a minimum period of twelve (12) months from renewal.
19.5. Domain parking or pointing and Econo Hosting option are excluded from this offer.
19.6. The entire balance of fees for the 12 months period following the registration or renewal become due should THE CLIENT wish to cancel their hosting within 12 months of such registration or renewal.
19.7. Any downgrade of the hosting option by A CLIENT that made use of Webonline's free domain registration or renewal offer, will be limited to the smallest hosting option offering a free domain name.
20. DOMAIN NAME TRANSFERS:
20.1. THE CLIENT is responsible for the transfer of their existing domain name to Webonline. Webonline will attempt to assist the CLIENT where possible.
20.2. If a transfer of a domain name (or DNS information) is not successful on the first attempt, then the onus falls on THE CLIENT to continue with the transfer process.
20.3. THE CLIENT is responsible for all costs related to such a transfer.
20.4. THE CLIENT is responsible for the hosting fee from the date of set-up on Webonline's servers. Webonline will not refund any hosting fees should the client fail to make the necessary changes to their DNS settings or decide not to make the changes.
20.5. THE CLIENT must submit a valid cancellation of the service in the event that THE CLIENT fails to complete the domain name transfer or DNS update.
20.6. A fee will be levied for all domain transfers (away) that Webonline declines.
20.7. Webonline will not be held responsible for any delays caused by any Registrar.
21. ACCOUNT ALTERATIONS:
21.1. A downgrade fee will be levied on all account downgrades.
21.2. The domain registration fee becomes payable on domains that are downgraded in the first year after registration.
21.3. No fee is normally levied on upgrades. The Set-up fee that is levied on certain hosting options is still applicable should THE CLIENT upgrade to such a hosting option.
21.4. Accounts that are signed up making use of the free domain registration or free transfer offer can not be downgraded to a hosting option that does not offer the same offer.
22. SERVER HOSTING:
Webonline may host a server on THE CLIENTS behalf, at Webonline's discretion, provided that the server conforms to the basic hardware and software requirements as defined by Webonline.
22.1. Software support is not included.
22.2. The installation fee and first months hosting fee is payable upon activation of the server.
22.3. No access will be allowed to the server room.
22.4. Webonline offers no uptime guarantee on any server in the server room and will not be held liable by any CLIENT for any damages THE CLIENT may suffer due to downtime.
22.5. Webonline offers no guarantee on bandwidth in the server room and will not be held liable by any CLIENT for any damages THE CLIENT may suffer due to downtime.
22.6. Webonline is not responsible for any equipment supplied by the CLIENT and will not be held liable for any damages the client may suffer.
22.7. Support is only available during office hours.
22.8. THE CLIENT is liable for all costs as listed on Webonline's price list, including all utilised bandwidth.
22.9. THE CLIENT agrees to an initial minimum twelve (12) month server hosting subscription.
22.10. THE CLIENT agrees to an indefinite subscription period after the initial twelve (12) month subscription, requiring a months notice to terminate the service.
23. DIAL-UP, ADSL, WIRELESS and OTHER CONNECTIVITY SERVICES:
23.1. Webonline or Webonline's nominated service providers shall not be liable for any claims arising for the use of this service. This includes, but is not limited to, Telkom/Neotel bills, lightning damage, malicious damage caused by hacking or viruses.
23.2. Refunds are not available. This includes claims, but is not limited to, arising due non usage or excess usage of the services due to the failure of Telkom/Neotel lines or services or downtime associated, but not limited, to authentication services.
23.3. There is no pro-ratter fee for the first months account. The full fee will be charged, irrespective of the day the service is activated.
23.4. THE CLIENT will be liable for additional usage charges in the event of the clients pre-determined usage limit being exceeded, irrespective as to the reason for such a breach.
23.5. Support is only available during office hours.
23.6. Support will only be available for Windows operating systems. Linux, MAC OS etc, will not be supported.
23.7. Webonline makes no claims or guarantees as to availability of bandwidth, locally or internationally.
23.8. Static IP addresses, if available, remain the property of Webonline or Webonline's nominated service providers.
23.9. Charges for this service are subject to change without notice.
23.10. THE CLIENT agrees to a minimum subscription period of three (3) months.
23.11. Cancellations of the service must be effected before the 20th of the month.
23.12. One months notice is required on all cancellations.
23.13. Unused bandwidth is not carried over to the following month or any other period.
24. SMS SERVICES:
Webonline shall make reasonable efforts to make available a continuous, uninterrupted, expedient and error-free service to the customer, subject to the terms and conditions set out herein:
24.1. Temporary interruptions may occur for whatever reason. In these circumstances, Webonline shall not be held liable for any damages whatsoever (economical or otherwise) which the customer may suffer as a result of such interruption of service(s).
24.2. The client is responsible for all the costs of SMS's sent via the clients interface. This includes all SMS's sent by people "hacking" or "cracking" the clients code.
24.3. Webonline shall not be liable for any claims arising for the use of the service or for any claims arising from the non-delivery of SMS's.
24.4. Webonline shall not be liable for claims arising from the failure of any cellular phone network provider to perform its duty.
24.5. Webonline makes no claims or guarantees as to the delivery of SMS's sent via this service.
24.6. Unused SMS's are not transferred to the following month. Unused SMS's are therefore lost.
24.7. Charges for this service are subject to change without notice.
25. FAX TO EMAIL AND EMAIL TO FAX SERIVES
Webonline shall make reasonable efforts to make available a continuous, uninterrupted, expedient and error-free service to the customer, subject to the terms and conditions set out herein:
25.1. Temporary interruptions may occur for whatever reason. In these circumstances, Webonline shall not be held liable for any damages whatsoever (economical or otherwise) which the customer may suffer as a result of such interruption of service(s).
25.2. The client is responsible for all costs of faxes sent via the clients email address. This includes all faxes sent by people "hacking" or "cracking" the clients code.
25.3. Webonline shall not be liable for claims arising from the failure of any network provider or service provider to perform its duty.
25.4. Webonline makes no claims or guarantees as to the delivery or receipt of faxes sent via this service.
25.5. These services are only available within the boarders of South Africa ("Locally").
25.6. Charges for this service are subject to change without notice.
25.7. Fax numbers remain the property of Webonline or Webonline's nominated service providers.
25.8. Webonline reserves the right to terminate this service without notice.
26. CONFIDENTIAL ACCOUNT INFORMATION:
THE CLIENT hereby gives Webonline permission to:
26.1. Perform a credit check on THE CLIENT's credit profile with one or more of the registered Credit Bureaus when assessing THE CLIENT's application for services
26.2. Monitor THE CLIENT's payment behaviour by researching their profile at one or more of the Credit Bureaus.
26.3. Use new information and data obtained from Credit Bureau in respect of THE CLIENT's future service applications.
26.4. Record the existence of THE CLIENT's account with the Credit Bureau.
26.5. Record and transmit details of how THE CLIENT has performed, and how the account is conducted by THE CLIENT in meeting their obligations on the account.
27. COMPANIES AND CLOSED CORPORATIONS:
27.1. In the event of THE CLIENT being Company or a Closed Corporation, then the directors or members do hereby bind themselves jointly and severally as surety and co-principal debtor unto and in the favour of Webonline for the value of the account in favour of THE CLIENT.
27.2. THE CLIENT hereby authorises Webonline to accept any alterations, cancellations or any other instructions relating to the service provided by Webonline as well as the ownership of any domain name from any company that THE CLIENT listed on application form.
28. NEW SERVICE APPLICATIONS:
28.1. Webonline reserves the right to decline any new service application. Submission of a online application form is no guarantee of acceptance by Webonline. Webonline will not provide reasons for declining a new service application.
29. AMENDMENTS TO THESE TERMS AND CONDITIONS:
29.1. These Terms and Conditions may be updated from time to time.
29.2. Webonline will notify THE CLIENT of any updates by presenting THE CLIENT with an alert on the Webonline website (http://www.webonline.biz) that describes the changes.
29.3. Those changes will go into effect thirty (30) days after the alert is first posted. THE CLIENT's continued use of Webonline's services signifies THE CLIENT's acceptance of the changes.
29.4. These Terms and Conditions will always be available to THE CLIENT on this page. (http://www.webonline.biz/tac)
29.5. All objections to alterations of the Terms and Conditions should reach Webonline via registered post not later that forty five (45) days after the notification has been posted on the Webonline website.
29.6. THE CLIENT is responsible for visiting Webonline's website on a monthly basis, so that THE CLIENT may be made aware of any notices posted in this regards.
30. LITIGATION AND ATTORNEY'S FEES:
30.1. In the event of any dispute arising out of or relating to this agreement, such dispute shall be resolved in PRETORIA, South Africa and Webonline shall be entitled to reasonable costs, including collection costs and attorney's fees.
31. ENTIRE AGREEMENT:
31.1. This represents the complete agreement and understanding between Webonline and THE CLIENT with respect to the subject matter herein. In the event that any term or provision of this agreement is held by a court to be unenforceable, then the remaining provisions shall remain in full force and effect. THE CLIENT certifies that he/she is of legal age in the country of his/her residence to enter into this agreement.
32. RELAXATION OF TERMS:
32.1. No relaxation of the terms of this agreement and no indulgence which one party may grant to the other, will in any way operate as an estoppel against the former party or be deemed to be a waiver of their rights, or in any other way limit, alter, or prejudice those rights.
33. DOMICILLIUM CITANDI ET EXECUTANDI:
33.1. The client chooses the address which he/she/they submitted online to be his/her/their domicillium address.
34. CONSENT TO JURISDICTION:
34.1. Each party consents to the jurisdiction of the Magistrate's court in respect of any proceedings pursuant to this agreement but without ousting the inherent jurisdiction of the High court.
35. ADDRESSES FOR SERVICE:
35.1. The client chooses the address submitted online to be the address where notices in relation to this agreement shall be served.
35.2. Any notice or legal process to be served on the client shall be served on them at the address submitted on acceptance of the offer which led to this agreement.
35.3. A notice which is sent by prepaid registered post in a correctly addressed envelope to the address submitted online will be deemed to have been received within ten days from the date it was posted.
35.4. A notice which is delivered by hand to a responsible person will be deemed to have been received on the day it was delivered.
35.5. The client shall be entitled to amend his address by giving seven days written notice to that effect which address shall then become the client's domicillium address.
36.1. In the event of any legal action being taken on this agreement, the service provider shall be entitled to costs on the attorney and own client scale, including VAT and collection commission.
37. GOVERNING LAW:
37.1. This agreement shall be governed by the laws of the Republic of South Africa.
38.1. The client indemnifies the service provider for any losses or damages of any kind that the client may suffer including, but not limited to, those that may result from service interruption, delays or non-delivery.
39. ACCEPTANCE OF TERMS:
39.1. Use of Webonline's services constitutes acceptance of the terms and conditions contained in this agreement and any amendments thereto.
(Version 1.1m - Last Updated 5 January 2007)