This services agreement (the "Agreement") contains the terms and conditions which govern your subscription of web hosting, internet access and any other services (the "Services") provided by Netwest Online Inc. . As used in this agreement, " Netwest Online Inc." means Netwest Online Inc. and "Client", "Customer", "you", or "your" means you the subscriber. As referred to in this agreement, "Site" refers to a World Wide Web site and " Netwest Online Inc. site" refers to the site located at the URL www.Netwest.com, or any other successor sites owned or maintained by Netwest Online Inc..
1. ACCEPTABLE USE POLICY.
Netwest Online Inc. provides the services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such services.
Client Content. Client agrees that it will not distribute, electronically transmit or display any materials supplied by client - or through client by a third party - on any Netwest Online Inc. server or via a Netwest Online Inc. internet connection which may:
violate any domestic or foreign laws or regulations;
infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of Netwest Online Inc. or any third party;
are defamatory, slanderous or trade libelous;
are threatening or harassing;
are discriminatory based on gender, race, age or promotes hate
violate any Netwest Online Inc. policy posted on the Netwest Online Inc. Site including, but not limited to, our Terms of Service.
contain viruses or other computer programming defects which result in damage to Netwest Online Inc. or any third party.
Client may only consume the amount of bandwidth allocated by the Service to which Client has subscribed. Additional fees will be levied at the appropriate overage charge for exceeding any bandwidth allowances. Although Netwest Online Inc. does make every effort to prevent such overages, due to technical constraints it cannot be guaranteed that termination of Services will occur before overages take place. Netwest Online Inc. provides methods for Client to view usages at any time and it is therefore the Client's sole responsibility to manager its usage and terminate usage of Services before such overages take place.
Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client shall not engage in any unsolicited email practices at Netwest Online Inc., or otherwise, that mentions or reference any domain hosted on Netwest Online Inc. servers or parked on Netwest Online Inc. DNS servers. Client's accounts found to be involved in the distribution of spam will be terminated instantly and without notice.
Licensed Software Only.
Client agrees to use only properly licensed third party software in connection with Client's use of the services.
Netwest Online Inc. does not guarantee the existence, accuracy, or regularity of backup services and therefore Client is responsible for making of back-up files in connection with its use of the Services.
Netwest Online Inc. reserves the right to refuse service to anyone. Netwest Online Inc., in its sole discretion, may immediately terminate this agreement if Client engages in any of the foregoing.
To report any unacceptable behavior of Services, please contact Netwest.com.
2. PAYMENT OBLIGATIONS
Netwest Online Inc. shall debit Client's bank account or credit card within the first week of each month for any applicable fees / Services rendered. Client may request to make use of electronic funds transfer (EFT) as a method of payment to pay Netwest Online Inc., however Netwest Online Inc. reserves the right to deny such requests. EFT payments must be received on or before the 1st business day of each month.
Netwest Online Inc. shall be entitled to immediately suspend all services provided to Client in the event of Client's failure to remit payment to Netwest Online Inc. on time. While services are in a suspended state Client will have no access to the services. Client will however still be liable for the full monthly cost of the service and no refunds or pro rata of any kind will be provided. In the event of a debit order being returned by Client's bank, Netwest Online Inc. shall charge Client a debit order return fee of 5% of the outstanding amount or R50.00 (whichever is larger). Interest linked to the prime lending rate may also be levied on all outstanding amounts on a monthly basis at Netwest Online Inc.'s discretion.
Non-Payment Legal Policy.
In the event of non-payment passing fourteen days from the due date a letter of demand will be issued to Client via email and registered mail and will be sent to last known addresses provided by Client. Should payment not be received passing twenty one days after issuing a letter of demand, Client's default will be listed on the TransUnion ITC credit bureau database and will remain in effect for a period of up to four years. At the discretion of Netwest Online Inc. further legal action may also be taken against Client to recover any outstanding amounts, of which all legal costs will be charged to Client.
Certain services carry a set-up fee charged by Netwest Online Inc. to Client that must be paid by Client in order to make use of the services; these fees are not refundable whatsoever. If Client terminates this agreement in accordance with Section 4 hereunder, Client shall be responsible for any outstanding fees owed to Netwest Online Inc. and agrees to pay any and all fees incurred by Client. Because the services are provided on a monthly basis, Client will be responsible for service fees incurred each month regardless of when Client provides notice of termination. Thus, for example, if Client provides notice to terminate service on the 15th day of a particular billing cycle, Client will still owe fees for the entire month and such fees will not be pro-rated or refunded. If Client has pre-paid Netwest Online Inc. for such services, refunds will be issued for any unused full month portions of the services upon Clients request of cancellation. If Client chooses to register a domain name through Netwest Online Inc., Client acknowledges and agrees that Client will pay a registration fee to register the domain name with the applicable domain name registrar. Netwest Online Inc. does not offer refunds for domain name registrations for any reason whatsoever, including misspelling of the domain name.
Client confirms that Client is legally permitted to provide Netwest Online Inc. with banking or credit card account details and that Client is either the legal signatory of said account or is legally permitted to provide such details on behalf of said account holder for the collection of fees for Services rendered to Client.
3. SERVICE LEVEL AGREEMENT
While every effort is made by Netwest Online Inc. and it's providers to ensure that all services retain a constant uptime and high level of quality, given the nature of the services provided this is not always achievable. As such all offerings unless otherwise agreed to in writing are based on the "best effort" premise - where no guarantees on throughput, latency or uptime can be provided.
4. CLIENT LIABILITY AND INDEMNIFICATION
The parties agree that in no event shall Netwest Online Inc. be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this agreement. Client agrees to defend, indemnify and hold harmless Netwest Online Inc. from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder. Client agrees that although Netwest Online Inc. tries to ensure full operation of all services at all times, should any failure (hardware, software, or system breach) occur leading to loss of Client's data stored on any Netwest Online Inc. servers, will not be held liable for any loss, or damage of Client's data, this also applies to any loss of internet connectivity due to any reason whatsoever.
5. TERM, TERMINATION & REINSTATEMENT
Subject to the terms and conditions hereof, this agreement shall be effective on the date you register for the services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the "Term") unless terminated earlier pursuant to the provisions of this Section 5. Either party will have the right to terminate this agreement upon notice to the other party. If Client is terminating this agreement, Client must provide one full calendar month's notice via the Netwest Online Inc. Control Panel. Client will be sent confirmation of receipt of such notification and it is the responsibility of Client to enquire should no confirmation be received as services will not be terminated unless confirmation can be produced. Sections 3 - 8 shall survive termination or expiration of this agreement.
Client will pay and indemnify and hold Netwest Online Inc. harmless from any and all taxes associated with or arising from Client's use of the services, including any penalties and interest and any costs associated with the collection or withholding thereof.
7. DISCLAIMER OF WARRANTY
THE SERVICES, THE NETWEST ONILE INC.. SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE NETWEST ONILE INC. SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. NETWEST ONILE INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NETWEST ONILE INC. SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
8. LIMITATION OF LIABILITY
IN NO EVENT SHALL NETWEST ONILE INC. BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE NETWEST ONILE INC. SITE OR ANY NETWEST ONILE INC. PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER.
Netwest Online Inc. shall not distribute Client's information to any third party with the exception of its suppliers where such information is required in order to provide Services. All Client information is stored securely by Netwest Online Inc. and is used to provide Client with Services, in the collection of fees for Services rendered and communication between Netwest Online Inc. and Client. While Netwest Online Inc. employs saftey measures when interfacing with its customers, suppliers and other partners, Clients should be aware that there is a minimal inherent risk in transmitting any data electronically. This risk is inherent in all Internet dealings and Client agrees to defend, indemnify and hold harmless Netwest Online Inc. from any and all expenses, losses, liabilities, damages or third party claims resulting from any external parties obtaining Client's stored information due to systems failure or otherwise.
Netwest Online Inc. and Client shall be entitled from time to time by written notice to the other, to vary its domicilium to any other street address, which change will take effect on the date on which the notice is deemed to be received by the other party in terms of clause 10.1 below.
10.1 Any notice required to be given in terms of this agreement shall be valid and effective only if in writing.
10.2 Any notice given by one party to another party (the "addressee") which:
10.2.1 is delivered by hand during normal business hours at the addressee's domicilium shall be deemed to have been received by the addressee at the time of delivery;
10.2.2 is given by fax shall be deemed to have been received by the addressee on the first business day following the day of successful transmission of the fax;
10.2.3 is given by pre-paid registered post shall be deemed to have been received by the addressee on the tenth business day following the day of posting;
10.2.4 is given by electronic mail shall be deemed to have been received by the addressee on the second business day following the day of successful transmission of the electronic mail;
10.2.5 is given via the Netwest Online Inc. customer control panel interface shall be deemed to have been received by the addressee on the first business day following the day of successful submission
.11. INTERRUPTIONS, PHYSICAL DAMAGE, AND DELAYS
NEITHER WE NOR OUR THIRD-PARTY BILLING AGENTS, NOR ANY OF OUR OR THEIR AFFILIATES, WILL BE LIABLE FOR ANY INTERRUPTION IN ANY SERVICE OR FOR ANY PHYSICAL DAMAGE TO REAL PROPERTY OR DELAY OR FAILURE TO PERFORM, INCLUDING WITHOUT LIMITATION: IF SUCH INTERRUPTION, DELAY, DAMAGE, OR FAILURE TO PERFORM ARISES IN CONNECTION WITH THE TERMINATION OR SUSPENSION OF NETWEST ONLINE ACCESS TO ALL OR ANY PORTION OF SERVICES; THE RELOCATION OF ALL OR ANY PORTION OF THE SERVICES TO DIFFERENT ACCESS POINT(S); A CHANGE IN THE FEATURES AVAILABLE WITH YOUR EQUIPMENT; ANY SOFTWARE OR OTHER DOWNLOADS INITIATED BY US; OR ANY ACTS OF GOD, FIRES, EARTHQUAKES, FLOODS, POWER OR TECHNICAL FAILURE, SATELLITE OR UPLINK FAILURE, ACTS OF ANY GOVERNMENTAL BODY OR ANY OTHER CAUSE BEYOND OUR REASONABLE CONTROL.
If any of the provisions, or portions thereof, of this agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This agreement represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by Netwest Online Inc.. Any waiver or any provision of this agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorney's fees. This agreement is made under and shall be governed by the laws of South Africa. This agreement and Netwest Online Inc.'s policies are subject to change by Netwest Online Inc. without notice. Continued usage of the services after a change to this agreement by Netwest Online Inc. or after a new policy is implemented and posted on the Netwest Online Inc. site constitutes your acceptance of such change or policy. We encourage you to regularly check the Netwest Online Inc. site for any changes. This document is made publicly available via http://www.netwest.com