| 1. SA DOMAIN TERMS & CONDITIONS |
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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's product,
the client agrees to the terms and conditions hereunder. |
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1.2 |
This site, SA Domain's email addresses,
telephone number (s), fax number (s), and address (es) provide
a means to contact SA Domain for enquiries, purchasing product/s
and for limited support. SA Domain does not solicit, invite
or suggest in any way that the client provides any information
to SA Domain, which information the client considers proprietary
or confidential. |
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1.3 |
The client's personal information
is collected for sales and support purposes only. Except as
required by law, SA Domain 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. |
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1.4 |
SA Domain 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. |
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1.5 |
Should a problem arise from any of
SA Domain services, the client shall notify SA Domain immediately
to enable SA Domain to expedite the repair of that problem as
soon as possible In this regard SA Domain shall use its best
endeavors to repair the problem. |
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1.6 |
SA Domain 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. |
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| 2. DOMAIN SERVICES TERMS & CONDITIONS |
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2.1 |
SA Domain 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. |
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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 cannot guarantee the registration
of the domain selected by the client. |
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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 free from any liability and any claims of whatever
nature howsoever arising as a result of the use of the domain
name. |
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2.4 |
The client acknowledges that SA Domain shall not
attend to the registration of any Domain name with payment in
full being received by SA Domain in full. |
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| 3. WEB SITE HOSTING TERMS & CONDITIONS |
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SA Domain shall, in accordance with the client's
instructions and at such charge as shall be specified: |
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3.1 |
host the client's web site; |
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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; |
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3.3 |
allocate the client disk space on SA Domain's
server; |
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3.4 |
take such steps as SA Domain regards as reasonable
to secure the client's web site from unauthorized access; |
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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 will be as accurate as possible and indemnifies and
hold SA Domain liable against any damages it may suffer as a
result of relying on such statistics; |
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3.6 |
shall not be liable for any illegal software or
licenses utilized by the client. |
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| 4. E - MAIL TERMS AND CONDITIONS |
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4.1 |
SA Domain shall provide the client with e - mail
services in accordance with the client's instructions and at
such charge as shall be specified. |
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4.2 |
SA Domain assumes no responsibility for the failure
of any mail delivery or the loss of any mail. |
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| 5. DISCLAIMER FOR LIABILITY |
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5.1 |
The SA Domain 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 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 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 website. |
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5.2 |
The client shall have no claim against SA Domain
and the client hereby indemnifies and holds SA Domain free from
liability in respect of any loss or damage: |
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5.2.1 |
caused by or arising from any fact or circumstances
beyond the reasonable control of SA Domain; or |
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5.2.2 |
any downtime, outage, interruption in or unavailability
of the server or the SA Domain network as a result of or attributable
to any of the following causes: |
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5.2.2.1 |
software services, repairs, maintenance, upgrades, modification,
alterations or replacement; |
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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; |
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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; |
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5.2.2.4 |
any inaccuracies in the statistics given to the client; |
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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; |
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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 network is connected; |
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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; |
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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; |
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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; |
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5.3 |
SA Domain reserves the right to take whatever
action it deems necessary at any time to preserve the security
and reliable operation of SA Domain's 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 network. |
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| 6. APPLICABLE LAW AND JURISDICTION |
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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. |
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| 7. GENERAL |
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7.1 |
All SA Domain services are contract free and on
a month-to-month basis. |
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7.2 |
All cancellations of SA Domain's services are
as per clients reasonable request. |
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7.3 |
A discount as determined by SA Domain applies
to some services on payment for the year. |
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7.4 |
Methods of payment are by credit card, debit order,
direct deposits and electronic funds transfer on request. |
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7.5 |
All debit orders will be cancelled immediately
upon request. |
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| 8. GENERAL PROVISIONS |
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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. |
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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. |
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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. |
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8.4 |
These terms and conditions may change from time
to time. The user may view such terms and conditions at http://www.sadomain.co.za/services/026-disclaimer.htm
and unless otherwise notified, SA Domain shall deem that the
user has been acknowledged and agrees thereto within 7 (seven)
days of such changes being effected. |
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| 9. FEES AND PAYMENT |
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9.1 |
The Client shall pay SA Domain such fees as are
published on its website from time to time. |
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9.2 |
The Client shall be obliged and hereby undertakes
to pay to SA Domain on presentation of an invoice reflecting
amounts payable by the client. |
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9.3 |
No service will be installed by SA Domain or
SA Domain shall have the discretion to suspend a service until
payment as specified in clause 9.2 has been made in full. |
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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. |
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12/24
Volt DC
