General Terms
General Terms and Conditions of Service (Version: 10 October 2008)
1. OUR SERVICES
eezy2web is an Internet related services company. Clients using our services are subject to compliance with the terms and conditions set forth below. Under the terms of this agreement, your use of any of our services (web-hosting, web-development, website rental, e-mail, support) is an acknowledgement that you have read and understood this agreement, and that you agree to be bound by the terms and conditions below. If you do not wish to be bound by these terms and conditions, you should not proceed to place any information of any kind with eezy2web through this application process.
2. CONTENT AND INDEMNIFICATION
Customer acknowledges that eezy2web does not regulate, nor will it take any responsibility for the content of the clients' website pages and e-mail or for the security of customer's password. The customer agrees that the security of his/her passwords is solely there responsibility.
1. The customer agrees that if he/she believe the security of there account has been compromised in any way, that he/she will notify eezy2web immediately.
2. The customer warrants that he/she has all rights necessary to lawfully submit any information or materials that he/she is uploading or transmitting to eezy2web, including all intellectual property rights.
3. The customer agrees to indemnify eezy2web against any action brought by a third party as a result of such material or information, or as a result of the customer's use in any way of the services provided by eezy2web.
4. Any use of the eezy2web network to engage in software piracy or any other violations of law will result in immediate account suspeneezy2web.
3. TRADEMARKS & COPYRIGHTS
The member warrants that he/she has the right to use any trademarks and service marks which the member may chose to use in it's domain name, on his website or any related product or service. eezy2web cannot be held responsible in the event of a client infringing on any intellectual or property copyright.
4. INTERNET ETIQUETTE
The member agrees to observe the following:
1. Sending e-mail to unsolicited addresses is forbidden. SPAM e-mail.
2. Multiple Cross Posting on News Groups where a eezy2web hosted website is being promoted or a eezy2web hosted mail address is being used.
3. Anyone who practices such tactics will have their account suspended pending an investigation. Should the member be found guilty of any of the above offences, the member's account will be terminated with immediate effect.
4. The eezy2web network or any of its resources may not be used to impersonate another person or misrepresent authorisation to act on behalf of others or eezy2web. All messages transmitted via eezy2web must correctly identify the sender.
5. NO WARRANTIES
eezy2web makes no warranties of any kind, whether express or implied, for the services to be provided hereunder.
1. The customer agrees that eezy2web shall not be liable for any losses or damages of any kind to the customer, including but not limited to, loss that may result from service interruption, delays in account activation, delays in general, non-deliveries, or misdeliveries no matter what the cause might be.
2. eezy2web makes no warranties regarding its ability to recover any lost file or information, regardless of how or why the file / information was lost or deleted.
3. Use of the service is at the Customers sole risk. eezy2web is not responsible for files and data residing on a Clients account.
4. The Client agrees to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on the eezy2web network.
5. Under no circumstances will eezy2web be liable for any consequential damages or for any delictual liability of any nature whatsoever.
6. BILLING POLICY
1. Service invoices will be sent to the customer via electronic mail in advance of services being rendered. The customer agrees to submit payment for all invoices upon receipt. Hosting and website rental services is to be paid in full in advance (monthly Debit Order), Web-Development services are to be paid 50% in advance (non refundable) and the remaining 50% at completion before going live.
2. Accounts not paid by within 30 days of every month are subject to immediate suspeneezy2web.
3. Returned Debit Orders will be subject to a R50.00 admin processing fee per returned Debit Order.
4. eezy2web will not be held responsible for any damages, losses, or claims as a result of a clients Internet service being suspended for non-payment.
5. Accounts 30 days past due are subject to cancellation which will result in the deletion of all of the customer's files, including but not limited to web pages, email and databases.
6. Deleted websites may be (without assurance) recovered from backup and restored within 30 days of deletion (a maximum of 60 days from due) upon settlement of all outstanding fees. such a process is subject to a restoration fee of R300.00.
7. The customer agrees that submiseezy2web of Banking Details or Credit Card Details to eezy2web constitutes authorisation by the customer for eezy2web to bill the specified Bank Account or Credit Card for all fees owed by the customer to eezy2web.
8. The Customer agrees that all set-up fees are non-refundable once set-up is completed.
9. The Customer agrees that unless he/she notifies eezy2web of his/her desire to cancel any or all services received, those services will be billed on a recurring basis.
10. The Signatory hereby binds himself/herself in his/her personal capacity as co-debtor in solidum for the full amount due to eezy2web and agrees that the Standard Conditions will apply mutatis mutandis to him/her and he/she renounces the benefits of excureezy2web and divieezy2web.
7. DEFINITION OF UNLIMITED BANDWIDTH
The term "Unlimited" is often used within the Internet Services community to describe services of which no hard limits or per unit pricing are imposed, but which are nonetheless governed by limitations of fair and reasonable use, often at the discretion of the service provider. eezy2web offers some services with "Unlimited" bandwidth, which bear no per unit charges, nor hard limits, but nonetheless are governed by reasonable and fair use. This means that we will not charge you for any bandwidth your account uses, nor will we impose any hard limits on the amount of bandwidth that you can use, provided said use is what eezy2web in its sole discretion deems to be reasonable. If at any time eezy2web deems your bandwidth usage to be abusive or unreasonable for the level of service you have purchased, or your bandwidth usage threatens to impair the quality of other users' service, eezy2web may, at its sole discretion take steps to limit the amount of bandwidth you consume, or request you to upgrade to a higher package. Special hosting packages can be designed for sites that require higher than normal bandwidth. eezy2web will at no time attempt to collect payment for bandwidth already used by a customer whose account grants them unlimited bandwidth, regardless of the amount. eezy2web does however reserve the right to charge the client for any additional bandwidth he/she might require.
8. DOMAIN NAMES AND DOMAIN NAMES DISPUTES
1. eezy2web will not be held liable for any disputes arising out of domain name registrations or domain name hosting on behalf of the costumer.
2. eezy2web 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.
3. eezy2web will not issue any credits for domain names where the client has requested the wrong domain name to be registered. By submitting a domain name registration form, the client confirms that he/she has completed the registration form correctly and that the domain name that he/she has entered is correct.
4. eezy2web 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.
5. eezy2web requires 24 hours written and signed notification via fax or email prior to releasing any domain name. Where the client has not notified eezy2web of his intention to transfer or move a domain name, all transfer requests will be declined.
6. eezy2web will retain the ownership of the domain name in the event of the client's accounts not being settled in full on termination of the hosting agreement.
9. RENTED SITES
1. In it's rented sites or "rent a site" range of products/services eezy2web offers the customer a platform in form of a website to use and populate with his/her own content. although the content is the responsibility the customer, the website is the property of eezy2web and shall not be moved or copied to an other web hosting company.
2. At termination of the service eezy2web reserves the right to re-use or delete the site. All informations/content belonging to the customer will be deleted and not used, sold or copied.
3. eezy2web will not provide backup copy of content. The customer is responsible of having his/her own copy of their websites content.
4. The Domain name used for the rented website is the property of the customer and is subject to close .8 of this agreement.
5. Rented sites are billed via Debit Orders as a Hosting plan and are subject to the same Billing Policy (see close .6 of this agreement).
10. TERMINATION
1. In the event that eezy2web at any time reasonably believes that the Customer is in breach of any of the terms and conditions contained in this agreement or is using eezy2web's services in an unacceptable manner, eezy2web may immediately terminate this agreement without liability.
2. eezy2web may terminate this contract with 30 days notice to the Customer for any reason or for no reason.
3. The customer may terminate this contract at any time by giving eezy2web no less than 30 days written and signed notification. Such written notification must be sent by either FAX, registered mail or E-mail. E-mail notification without an attached signed document in .tif or .pdf format will not be accepted.
4. At the time of cancellation notification, the customer shall be responsible for the entire amount of any outstanding fees due.
5. All goods and services supplied by eezy2web remain the property of eezy2web until such goods or services have been paid for in full. The Customer is not entitled to sell or dispose of any goods unpaid for without the prior written consent of eezy2web.
11. LEGAL AGE/AUTHORISATION
1. Member certifies that he/she is of legal age in the country of his/her residence to enter into this agreement.
2. Where acting on behalf of a Partnership, Close Corporation, PTY (Ltd), LTD or any other form of company/legal entity, the member hereby confirms that he/she has the full permiseezy2web/authority to act on behalf said legal entity.
12. AMENDMENTS
eezy2web reserves the right to make amendments or changes to this agreement from time to time. eezy2web will notify all customers via e-mail when changes are made.
13. 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 Durban, South Africa.
The Customer shall be liable to eezy2web for all legal expenses on the Attorney Client scale of an Attorney and Counsel incurred by eezy2web in the event of (a) any default by the Customer or (b) any litigation in regard to the validity and enforceability of this agreement. The Customer will also be liable for any collection or valuation fees incurred. The Customer agrees that eezy2web shall not be liable to make payment of security into Court in terms of section 62 of the Magistrate's Court Act, as amended. The Customer hereby consents to the jurisdiction of the Magistrates Court . The Customer chooses Domicilium citandi et executandi for services of all documents and processes the address entered in on the hosting application form.
14. ENTIRE AGREEMENT AND SEVERABILITY
This represents the complete agreement and understanding between eezy2web and Customer with respect to the subject matter herein. In the event that any term or provieezy2web of this agreement is held by a court to be unenforceable, then the remaining provieezy2webs shall remain in full force and effect.
15. ACCEPTANCE OF TERMS
Use of eezy2web services constitutes acceptance of the terms and conditions contained in this agreement and any amendments thereto.
By signing and submitting your debit order authority and/or hosting or other service order form to eezy2web, you acknowledge that you have read, understand and agree to the above Terms and Conditions.
