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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
1. SG Online Advertising CC will host an account for you, the purchaser (hereafter referred to as the " Account Holder" and "THE CLIENT"), for the Account Holder's chosen domain name, for the period of time (the Term) corresponding with the payment plan chosen by the Account Holder. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated. We require notification of non-renewal with at least 30 days notice but not more than 60 days prior to the renewal date. You must have all account information to cancel and send your notification via email to cancellations@sgoadvertising.co.za If you do not provide this notice, you will be charged for the next terms rate. There are no refunds on a la carte services.
2. SG Online Advertising CC's services are 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. SG Online Advertising CC expressly disclaims any representation or warranty that the SG Online Advertising CC services will be error-free, secure or uninterrupted. No oral advice or written information given by SG Online Advertising CC, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice. The terms of this Section will survive any termination of this Agreement.
3. The Virtual Web Server Internet account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. Further, the Account Holder agrees not to store, transmit, link to, advertise or make available any images containing pornography. Violations of these or any other provisions of this Agreement may result in termination of the services provided by SG Online Advertising CC, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of SG Online Advertising CC based upon the severity of the violation. SG Online Advertising CC reserves the right to refuse service if any of the content within, or any links from, the Account Holder's website is deemed illegal, misleading, or obscene, or is otherwise in breach of SG Online Advertising CC's then current Acceptable Use Policy, in the sole and absolute opinion of SG Online Advertising CC. Notwithstanding anything in this Agreement, the content of the Account Holder's website is the sole responsibility of the Account Holder. The Account Holder agrees to indemnify and hold harmless SG Online Advertising CC from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney's fees, costs, and other expenses incurred by SG Online Advertising CC, (collectively, Claims) related to or in connection with the content of the Account Holder's website. The terms of this Section will survive any termination of this Agreement.
4. Account Holder acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Account Holder. Account Holder is aware that SG Online Advertising CC reserves the right to change the specified rates and charges from time to time.
5. The Account Holder agrees to follow generally accepted rules of "Netiquette" when sending e-mail messages or posting to newsgroups. Account Holder is responsible for security of its password. SG Online Advertising CC will not change passwords to any account without proof of identification, which is satisfactory to SG Online Advertising CC, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes Account Holder, Account Holder understands that SG Online Advertising CC will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will SG Online Advertising CC be liable for any losses incurred by Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless SG Online Advertising CC from any and all Claims arising from such ownership disputes. The terms of this Section will survive any termination of this Agreement.
6. The Account Holder's rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of SG Online Advertising CC.
7. SG Online Advertising CC has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current SG Online Advertising CC Acceptable Use Policy. The e-mail distribution by the Account Holder of "SPAM", "JUNK MAIL", or "UNSOLICITED COMMERCIAL E-MAIL", is expressly prohibited. If the Account Holder refuses to remove any advertising or other third party content deemed objectionable by SG Online Advertising CC, SG Online Advertising CC may terminate the services being provided to the Account Holder.
8. SG Online Advertising CC will use its best efforts to maintain a full time Internet presence for the Account Holder. The Account Holder hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall SG Online Advertising CC be liable to the Account Holder for any damages resulting from or related to any failure or delay of SG Online Advertising CC in providing access to the Internet under this Agreement. In no event shall SG Online Advertising CC be liable to the Account Holder for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of SG Online Advertising CC under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive any termination of this Agreement.
9. The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mindset, without formal proceedings. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in Port Elizabeth, South Africa. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.
10. SG Online Advertising CC may include the Account Holder's name and contact information in directories of SG Online Advertising CC's service subscribers for the purpose promoting the use of the services by additional potential clients.
11. SG Online Advertising CC may temporarily deny service or terminate this Agreement upon the failure of Account Holder to pay charges when they become due. Such termination or denial will not relieve the Account Holder of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
12. If an account holder's account becomes overdue, the account will be suspended without notice. Interest will accrue on the overdue account at a rate of 5% per month until the outstanding balance is paid in full. An additional R30 Administration fee per domain will be charged to un-suspend an account. Also refer to point 26
13. If an account holder charges back for services rendered, a R400 charge back fee will be added to the amount charged back by the customer.
14. If an account holder's account is overdue for 90 days, the account will be terminated without notice and all data, including but not limited to email, web site files, applications and databases will be deleted and purged from our servers. Furthermore, the account will be handed over to an outside collection agency and Account Holder will be listed on ITC. At that time the account holder will incur a R400 collection fee added to the balance previously due. Should the account holder wish to continue hosting at this point, a re-connection fee of R250 will be charged and the account holder will be solely responsible for re-instating the hosting account as it was prior to termination including but not limited to uploading the web site and re-creating email accounts. SG Online Advertising CC reserves the right to reject or accept re-instating the account.
15. All accounts are subject to verification.
16. You agree that SG Online Advertising CC has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any SG Online Advertising CC service. You acknowledge that the features, parameters (for example, the amount of storage available to users) or existence of any SG Online Advertising CC service may change at any time.
17. In the event of 5 days of non-payment, you agree to SG Online Advertising CC's right to suspend your account and place a "non-payment" page on your domain. Furthermore you agree that DNS of your domain will remain unchanged until full payment for the outstanding balance on your account has been received by SG Online Advertising CC. Un-Suspension upon receving payment on overdue accounts will only be done on working days, Monday - Friday between 9am and 3pm.
18. OTHER FEES PROCESSED VIA DEBIT ORDER
18.1 The yearly domain renewal fee will be deducted automatically via debit order when it becomes due for Account Holders utilizing our debit order facility.
18.2 Any updates or new pages added to your website during the month, will be deducted via debit order. An Invoice stating all charges will be issued 2-3 days prior to the debit order being processed, for you to query in time.
19. PAYMENT VIA DEBIT ORDER:
19.1. THE CLIENT agrees that submission of bank account information to SG Online Advertising constitutes authorization by THE CLIENT for SG Online Advertising to debit the specified bank account for all fees owed THE CLIENT to SG Online Advertising.
19 .2. The debit orders normally run on the 1st day of each month. (This may vary depending on public holidays and weekends.)
19 .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.
19 .4. The debit order system closes on the 20th of each month. All account changes should reach us by the 18th of each month.
19 .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.
19 .6. SG Online Advertising normally runs one monthly debit order per domain name.
20. ADMINISTRATION FEE & OTHER FEES:
20.1. SG Online Advertising will charge an administration fee for all returned debit orders and all returned cheques irrelevant of the reason for the debit order or cheque being returned. All Services pertaining to this account will be suspended until payment is received.
20.2. The administration fee is currently 20% of the transaction value and is subject to change without notice.
20.3. The administration fee is applicable per domain and not per debit order.
21. DOMAIN NAMES AND DOMAIN NAME DISPUTES:
21.1. SG Online Advertising will not be held liable for any disputes arising out of domain name registrations or hosting on behalf of THE CLIENT.
21.2. SG Online Advertising will not be liable for damages in the event of a domain name not being registered or available for THE CLIENT's use.
21.3. THE CLIENT is responsible to insure that the domain name is registered correctly at the relevant registrar.
21.4. SG Online Advertising 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.
21 .5. SG Online Advertising 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.
21 .6. SG Online Advertising 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.
21 .7. THE CLIENT is responsible for all yearly domain renewal fee and SG Online Advertising will not be held responsible for the payment of domain renewal fees.
21 .8. THE CLIENT should cancel all services with SG Online Advertising at least 30 days before expiry as domain name renewals are normally done before the domain name's listed expiry date.
21 .9. SG Online Advertising will not refund THE CLIENT for any domain name renewal fee already paid to the relevant registrar.
21 .10. THE CLIENT will be responsible for all legal costs incurred by SG Online Advertising due to any domain name disputes or claims arising out of the use or registration of the THE CLIENT's domain name.
22. LITIGATION AND ATTORNEY'S FEES:
In the event of any dispute arising out of or relating to this agreement, such dispute shall be resolved in PORT ELIZABETH, South Africa and SG Online Advertising CC shall be entitled to reasonable costs, including collection costs and attorney's fees.
23. FEES FOR OVER USAGE OFALLOTTED BANDWIDTH AND DISK SPACE:
23.1 In the event that an Account Holder's account uses more resources than allocated and defined in the hosting package the Account Holder applied for, SG Online Advertising CC retains the right to charge for said over usage at a rate determined at the sole discretion of SG Online Advertising CC.
23.2 Over usage includes:
23.2.1 Bandwidth used by, but not limited to, Email Traffic, HTTP Traffic, FTP Traffic, on a monthly basis,
23.2.2 Disk Space used by, but not exclusive to, Email, Databases, Web Stats, Backups and Web Site Files.
23.3 Over usage charges differ from server to server and prices are subject to change without notice.
23.4 If an Account Holder refuses to pay for over usage, SG Online Advertising CC retains the right to suspend the account until the outstanding balance is paid.
23.5 If the account is overdue for a period of 90 days, point 23 of this agreement will come into effect.
24. ENTIRE AGREEMENT:
This represents the complete agreement and understanding between SG Online Advertising 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.
25. DOMICILLIUM CITANDI ET EXECUTANDI:
The client chooses the address which he/she/they submitted online to be his/her/their domicillium address.
26. CONSENT TO JURISDICTION:
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.
27. COSTS:
In the event of any legal action being taken on this agreement, SG Online Advertising CC shall be entitled to costs on the attorney and own client scale, including VAT and collection commission.
28. GOVERNING LAW:
This agreement shall be governed by the laws of the Republic of South Africa.
29. INDEMNITY
The client indemnifies SG Online Advertising CC 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.
30. ACCEPTANCE OF TERMS:
Use of SG Online Advertising 's services constitutes acceptance of the terms and conditions contained in this agreement and any amendments thereto.
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