| 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
to: |
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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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| SA Domain reserves the right to
delete any website, after the service has been cancelled
for three months. |
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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
