Terms Of Service

TERMS & CONDITIONS: DOMAIN SERVICES | WEB SITE HOSTING | EMAIL | FIBRE | DISCLAIMER | LAW & JURISDICTION | GENERAL | GENERAL PROVISION | FEES | CANCELLATION

1. TERMS & CONDITIONS

1.1 By visiting this site, the client agrees to the terms and conditions on this page and any laws or regulations that may apply. By using or purchasing SA Domain Internet Services cc product, the client agrees to the terms and conditions hereunder.

1.2 This site, SA Domain Internet Services cc email addresses, telephone number (s), fax number (s), and address (es) provide a means to contact SA Domain Internet Services cc for enquiries, purchasing product/s and for limited support. SA Domain Internet Services cc does not solicit, invite or suggest in any way that the client provides any information to SA Domain Internet Services cc, which information the client considers proprietary or confidential.

1.3 The client's personal information is collected for sales and support purposes only. Except as required by law, SA Domain Internet Services cc will not share this information with any third party for any purpose other than as specifically stated at the time SA Domain request the information.

1.4 SA Domain Internet Services cc may from time to time send to the client email regarding new products and services. If the client does not want to receive such mailings, the client will simply reply to the message with a request to be removed from that mailing list.

1.5 Should a problem arise from any of SA Domain Internet Services cc services, the client shall notify SA Domain Internet Services cc immediately to enable SA Domain Internet Services cc to expedite the repair of that problem as soon as possible. In this regard SA Domain Internet Services cc shall use its best endeavors to repair the problem.

1.6 SA Domain Internet Services cc shall not be liable for any loss of data incurred by the client as a result of the rendering of any services by SA Domain Internet Services cc.

2. DOMAIN SERVICES TERMS & CONDITIONS

2.1 SA Domain Internet Services cc shall in accordance with the client's instructions and at such charge as shall be specified procure the registration and/or forwarding of a domain name for the client.

2.2 The client acknowledges that the registration, transfer, modification and/or forwarding of a domain name is subject to the rules and regulations of the authority responsible for registrations and that SA Domain Internet Services cc cannot guarantee the registration of the domain selected by the client.

2.3 The client hereby warrants that it is the lawfully entitled owner of the domain name, or has the consent of the owner to use such domain name and that by using the domain name it has not violated any intellectual property rights of whatever nature of any person who may lawfully claim title of whatever nature to such domain name and hereby indemnifies and holds SA Domain Internet Services cc free from any liability and any claims of whatever nature howsoever arising as a result of the use of the domain name.

2.4 Domain renewal invoices will be sent out 3 months in advance, allowing enough time for the renewal of the domain as all domains are suspended on the renewal/expiry date. This in turn will affect all services associated with that domain.

2.5 .CO.ZA Domain Grace Period: This comes in to effect one day after the expiry date. An updated invoice including the grace fee of R15.00 will be re-issued.

2.6 .CO.ZA Domain Redemption Period: This comes in to effect ten days after the expiry date. An updated invoice including the redemption fee of R361.00 will be re-issued. (Remember that if the name gets deleted it will be publicly available for anyone to register, on a first-come-first-served basis and you may not be the one to register it again).

2.7 All other domain extensions: An updated invoice including the redemption fee will be re-issued. (Please note redemption fees vary between Registrars and fees are calculated on the daily exchange rate).

2.8 The client acknowledges that SA Domain Internet Services cc shall not attend to the registration of a domain name without payment in full being received. Domain prices are subject to current exchange rates and prices will be adjusted accordingly. Prices are available on our website at the following address: https://www.sadomain.co.za/domain-registration.php

3. WEB SITE HOSTING TERMS & CONDITIONS

SA Domain Internet Services cc shall, in accordance with the client's instructions and at such charge as shall be specified to:

3.1 host the client's web site;

3.2 permit users of the Internet access to the web site, limited to a maximum monthly data traffic allowance of bandwidth measured in megabytes as specified;

3.3 allocate the client disk space on SA Domain Internet Services cc server;

3.4 take such steps as SA Domain Internet Services cc regards as reasonable to secure the client's web site from unauthorized access;

3.5 provide the client with statistics at an additional charge, available via Monthly / Live Stats for information purposes only. The client acknowledges that the statistics provided by SA Domain Internet Services cc will be as accurate as possible and indemnifies and hold SA Domain Internet Services cc liable against any damages it may suffer as a result of relying on such statistics;

3.6 shall not be liable for any illegal software or licenses utilized by the client, provide the client with a service terminate link in the client area (client can choose to immediately cancel or end of billing period). SA Domain Internet Services cc reserves the right to delete any website as per clients cancellation instruction by email.

3.7 SA Domain Internet Services cc assumes no responsibility for the loss of any website. Clients are solely responsible for ensuring that backups are made of web content and email data, or any other data stored on their hosting space. (Please note: It is avdisable to backup your website offsite to avoid the loss of contents of the website)

4. E - MAIL TERMS AND CONDITIONS

4.1 SA Domain Internet Services cc shall provide the client with e - mail services in accordance with the client's instructions and at such charge as shall be specified.

4.2 SA Domain Internet Services cc assumes no responsibility for the failure of any mail delivery or the loss of any mail. (Please note: It is avdisable to backup your emails offsite regularly to avoid the loss of any emails)

5. DISCLAIMER FOR LIABILITY

5.1 The SA Domain Internet Services cc website, products and services (or to third party information, products and services), is provided 'as is', without any representation or endorsement made and without warranty of any kind whether express or implied. SA Domain Internet Services cc makes no warranties that the functions contained in the material contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or represent the full functionality, accuracy, reliability of the materials. In no event will SA Domain Internet Services cc be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damages whatsoever arising from use or loss of use of, data or profits arising out of or in connection with the use of the SA Domain Internet Services cc website.

5.2 The client shall have no claim against SA Domain Internet Services cc and the client hereby indemnifies and holds SA Domain Internet Services cc free from liability in respect of any loss or damage:

5.2.1 caused by or arising from any fact or circumstances beyond the reasonable control of SA Domain Internet Services cc; or

5.2.2 any downtime, outage, interruption in or unavailability of the server or the SA Domain Internet Services cc network as a result of or attributable to any of the following causes:

5.2.2.1 software services, repairs, maintenance, upgrades, modification, alterations or replacement;

5.2.2.2 system downtime for any reason (including but not limited to service, repairs, routine maintenance, agreed maintenance, environmental maintenance, upgrades, modification, alterations, replacement or a relocation of premises;

5.2.2.3 the damage, contamination or corruption of any kind of the server or any of the client's data, material, information and/or content howsoever occasioned;

5.2.2.4 any inaccuracies in the statistics given to the client;

5.2.2.5 any breakdown of whatever nature and howsoever arising in any of the services provided by Telkom (including, but not limited to, line failure) or in any international services or remote mail servers;

5.2.2.6 the non-performance or unavailability, of whatever nature and howsoever arising, of external communications networks to which the server or the SA Domain Internet Services cc network is connected;

5.2.2.7 any infringement of the client's rights of privacy and/or any other like rights (including those of any other person or entity) by any person whomsoever arising from the hosting of the client's web site in terms of this agreement;

5.2.2.8 any breach of security by any third party or any breach of confidentiality by a third party or otherwise arising from any access howsoever obtained by a third party to the client's information, data or content;

5.2.2.9 any service, repairs, maintenance, upgrades, modification, alterations, replacement or work of any nature done on the server by any third party;

5.3 SA Domain Internet Services cc reserves the right to take whatever action it deems necessary at any time to preserve the security and reliable operation of SA Domain Internet Services cc network and the client undertakes that it will not do or permit anything to be done which will compromise the security of the SA Domain Internet Services cc network.

6. APPLICABLE LAW AND JURISDICTION

This agreement shall be deemed to have been made in the Republic of South Africa and the construction, validity and performance of the agreement, shall be governed by South Africa law.

7. GENERAL

7.1 All SA Domain Internet Services cc services are contract free and on a month-to-month basis.

7.2 All cancellations of SA Domain Internet Services cc services are as per clients reasonable request.

7.3 A discount as determined by SA Domain Internet Services cc applies to some services on payment for the year.

7.4 Methods of payment are by credit card, debit order, instant EFT (SID), direct deposits and electronic funds transfer on request.

7.5 All debit orders will be cancelled immediately upon request.

8. GENERAL PROVISIONS

8.1 No extension of time or indulgence which one party (the grantor) may grant to the other (the grantee) shall constitute a waiver of any of the rights of the grantor who shall not be precluded from exercising any past or future rights against the grantee.

8.2 This document constitutes the sole record of the agreement between the parties and no addition, variation or agreed cancellation of this agreement shall be of any force or effect unless in writing and signed by or on behalf of the parties other than in terms of clause 8.4 below.

8.3 No party shall be bound by any express or implied terms, representation, warranty or the like which is not recorded in this agreement.

8.4 These terms and conditions may change from time to time.

9. FEES AND PAYMENT

9.1 The Client shall pay SA Domain Internet Services cc such fees as are published on its website from time to time.

9.2 The Client shall be obliged and hereby undertakes to pay to SA Domain Internet Services cc on presentation of an invoice reflecting amounts payable by the client.

9.3 No service will be installed by SA Domain Internet Services cc service until payment as specified in clause 9.2 has been made in full.

9.4 SA Domain Internet Services cc shall have the discretion to suspend a service until payment as specified in clause 9.2 has been made in full.

9.5 SA Domain Internet Services cc reserves the right to deny issue of any service if there is suspected fraud or otherwise illegal activity derived from the application for service or usage of a particular service.

9.5 SA Domain Internet Services cc indemnifies itself for the non-allocation of payment when the incorrect reference is used (Client account number CIDxxxx or invoice number is to be used).

10. ACTIVATION AND PROVISIONING OF FIBRE SERVICE TERMS & CONDITIONS

10.1 SA Domain will send all relevant login details pertaining to the fibre connection to the client. The details will be sent once SA Domain has received them from the fibre provider.

10.2 A Pro Rata invoice will be sent on activation for that month. Thereafter invoices will be sent in advance on the 25th of the month for the 1st of the following month.

10.3 Invoices must be paid 3 days prior to the 10th of every month, as automated suspension will occur on the 10th of every month for any unpaid invoices.

10.4 A full calendar month is required to cancel the fibre service.

10.5 SA Domain fibre service is a best effort service and SA Domain shall not be held liable for temporary interruptions in the provision of the SA Domain Internet Service.

10.6 SA Domain will do its best to notify all its clients of any scheduled or unscheduled loss of service caused by the network providers or any other third parties, this includes but is not limited to, layer 2 and layer 3 services, server faults or network equipment failures.

11. CANCELLATIONS

11.1 Cancellation, by the Client or SA Domain Internet Servicess cc, will result in any data being permanently removed from SA Domain’s servers..

11.2 Clients are solely responsible for ensuring that backups are made of web content and email data, or any other data stored on their hosting space. SA Domain Internet Servicess cc will not be liable for loss of data, or be obliged to provide any such data once the hosting contract term has expired.

11.3 Any backups made by SA Domain Internet Servicess cc will be made for legal purposes and not for data retention purposes.