WEB HOSTING
WEB HOSTING TERMS & CONDITIONS
ACCEPTANCE OF ORDER
The customer agrees that the act approving the quote is in lieu of their signature.
Upon approval of the quote, the customer agrees to a hosting contract that must be paid up front, annually.
The customer acknowledges that all the information supplied, such as their full name and ID number is true and correct
to the best of their knowledge.
PROVISION OF THE SERVICE
Commencing on the date that the domain is registered, COZA Web Design cc shall make reasonable efforts to make available
a continuous, uninterrupted, expedient and error-free service to the customer, subject to the terms and conditions set
out herein.
The customer acknowledges that in the normal course of provision of service(s), temporary interruptions may occur for
whatever reason. In the circumstances, COZA Web Design cc shall not be held liable for any damages whatsoever
(economical or otherwise) which the customer may suffer as a result of such interruption of service(s).
The customer shall solely be responsible, unless otherwise stated in this agreement, for provisioning, configuration
and maintenance of all equipment on its premises, including (without limitation) computer hardware equipment,
telecommunication equipment and modems necessary and required by the customer to exercise its rights and enjoy the
services provided herein.
PAYMENT
The customer shall pay to COZA Web Design cc all applicable charges as may be set out in the quote or on our published
pricelist, in respect of the provision of the services to the customer.
COZA Web Design cc will be entitled to adjust any of its charges, including without limitation tariff increases as on the
1st of January, at any time by giving the customer a 30 day electronic notification of such adjustments.
All access charges that entitle the customer to obtain access to the services subscribed for, shall be payable in the manner
as set out in this agreement and where such charge is indicated as-
Rental charges: levied periodically, usually on a yearly basis, and subject to a minimum rental period of one calendar month
or as determined by COZA Web Design cc from time to time for each Service or service promotion. Rental charges are payable in
advance for the first and any subsequent rental period, as from the date on which the Service is established. Where the Customer
requests the termination of a Service the rental amount, if any, paid for a period after the official date of termination
will be credited to the Customer. If the Customer requests that a Service be terminated prior to the expiry of the
minimum rental period, the non-expired part of the rental period will stay in force. In such cases the Customer shall remain
liable for the rental for the non-expired part of the rental period.
Any payment due to COZA Web Design cc not made on the due date thereof shall bear interest at a rate of R3.50 per day calculated
from the date that payment was due until date of actual payment in full, capitalised monthly in arrears.
The customer agrees that submission of bank account information or credit card details to COZA Web Design cc constitutes
authorisation by the customer for COZA Web Design cc to debit the specified bank account for all fees owed by the
customer to COZA Web Design cc.
The customer agrees and accept that the customer may supply updated bank account information or credit card details to
COZA Web Design cc any time during the month, but that such changes need to occur before the twentieth of the month to be used
in the following payment run.
The customer shall, on demand, pay to COZA Web Design cc all costs and expenses incurred by COZA Web Design cc in enforcing the
terms of this agreement, including without limitation legal costs on an attorney and own client basis.
Should the bank dishonour any payment offered by the customer to COZA Web Design cc, COZA Web Design cc shall be entitled,
over and above the dishonoured payment as well as bank charges, to charge and the customer shall be obliged to pay a reasonable
administration fee.
Any upgrades or changes to another service / product, may be subject to additional charges or separate agreement.
INSTALLATION AND CONNECTION
The customer acknowledges that any installation date or connection date furnished by COZA Web Design cc is provisional only
and, should installation or connection, as the case may be, not be effected by such provisional date-
COZA Web Design cc shall not be responsible for any consequences of such delay or be liable for any damages, costs or expenses
whatsoever incurred or suffered by the customer or any third party, and the customer shall not be entitled, as a result of such
delay, to terminate this agreement or withhold any payment.
LIABILITY
This clause specifies the entire liability of COZA Web Design cc, including, without limitation, liability for negligence.
In particular (but without limitation) all statutory, expressed, implied or collateral terms, conditions or warranties are
excluded.
COZA Web Design cc shall under no circumstances be liable (including liability for negligence) for any loss, damage or injury
that the customer or any third party may suffer, no matter when or how arising, specifically including (but without
limitation) refunds of fees, loss of profits, financial loss, loss of contracts, loss of income, loss of anticipated business,
cost of replacement services, savings use, goodwill or any other form of consequential loss.
Any service(s) provided herein is provided on an "as-is" basis and COZA Web Design cc makes no express or implied warranties or
representations of whatsoever nature with respect to any such service.
The customer shall and hereby does indemnify COZA Web Design cc against any damage, loss or liability (excluding liability for
COZA Web Design cc wilful misconduct) arising from the provision of services to the customer, its employees, directors,
agents and / or representatives;
against any damage, loss or liability of whatsoever nature arising from a breach of COZA Web Design cc security measures,
any misuse of COZA Web Design cc's facilities or services and / or any act or omission of any other customer of COZA Web
Design cc from any claim by any third party arising directly or indirectly out of or related to the customer's access to
or use of services rendered by COZA Web Design cc or any information or data obtained through such access or use
and its holding company, affiliates and subsidiaries, for all loss, damage, cost or liability that may be incurred by any
one or more of them in the event that the customer's use of the service and/or the products supplied hereunder -
constitutes a violation of any law, regulation or tariff;
is defamatory, fraudulent or deceptive;
is intended to threaten, harass or intimidate; or
interferes with the use or enjoyment of other customers of the services and products provided by COZA Web Design cc.
Under no circumstances whatsoever will COZA Web Design cc's liability, if any and whether in contract or otherwise, exceed
the aggregate of the amounts actually paid by the customer to COZA Web Design cc.
USE LIMITATIONS
The customer hereby agrees -
that it is aware and will stay aware of and shall at all times comply with all statutory or other regulatory provisions and
rules applicable to the provision and use of the services from time to time;
that it shall make use of the services in a responsible, prudent, lawful and honest manner;
that it shall comply with any directions, instructions and limitations issued or notified by COZA Web Design cc from time to
time in connection with the services;
that it shall not use any service in a manner which -
constitutes a violation of any law, regulation or tariff that may be in force in South Africa or elsewhere.
In particular the customer undertakes to familiarise itself and ensure that it is kept continuously appraised of all such laws,
regulations and tariffs in force from time to time which may have any bearing on the services rendered and products provided
by COZA Web Design cc and/or the customer's access to or use thereof;
constitutes an act or omission that is generally unacceptable or offensive to internet users in general, to the public at
large or as same may be determined by COZA Web Design cc from time to time in its sole and absolute discretion,
specifically including (but not limited to) the hosting or distribution of pornographic material, spamming, hacking,
unsolicited mailing etc.;
contravenes any COZA Web Design cc, as such document may be published, updated and amended by COZA Web Design cc from time
to time;
is defamatory, fraudulent or deceptive;
is intended to threaten, harass, nuke or intimidate;
tends to damage the name or reputation of COZA Web Design cc, its holding company, affiliates and or subsidiaries or;
interferes with the use and enjoyment of Internet related services of customers of COZA Web Design cc;
that the services to be rendered to the customer shall be as defined and subject to such limitations as may be notified from
time to time by COZA Web Design cc.
that the customer is aware of the limitations of all relevant services and that service quality and coverage available
shall be limited to that supported by the infrastructure of COZA Web Design cc, its network providers and COZA Web Design
cc and that service may from time to time be adversely affected by a number of different causes:
that it shall not commit any act or omission which may have an adverse technical effect on the integrity or functionality
of the network infrastructure of COZA Web Design cc or that provided or made available to the customer by or through
COZA Web Design cc. If any act or omission of the customer has such an adverse technical effect the customer shall,
on receiving notification to that effect from COZA Web Design cc, forthwith take such steps as may be necessary to rectify
the situation at his own cost and expense, failing which COZA Web Design cc shall be entitled, without prejudice to its
other rights in terms hereof or at law, to forthwith suspend the service and/or terminate this agreement;
that unless otherwise agreed by COZA Web Design cc in writing, it shall not resell or make available to third parties,
in any manner whatsoever and whether directly or indirectly, the services provided to it by COZA Web Design cc;
that it shall take whatever steps may be necessary to ensure the safekeeping and confidentiality of all identification codes
and passwords furnished by COZA Web Design cc for use by the customer and shall specifically not disclose same to any third party
without COZA Web Design cc's prior written consent.
to comply with the rules and regulations applicable to any network that is accessed through COZA Web Design cc;
that where it is outside the Republic of South Africa and wishes to connect to the internet, such connection may be subject
to the terms and conditions of a Global Service Provider ("GSP"). The customer has been informed of and acknowledges that the
GSP is not affiliated to COZA Web Design cc.
SUSPENSION OF SERVICE
COZA Web Design cc may from time to time and without notice suspend the services in any of the following circumstances-
during any technical failure, modification or maintenance either of the service or the equipment by means of which the
service is provided;
if the customer -
fails to comply with any of the terms and conditions of this agreement (including failure to pay any charges due) until the
breach (if capable of remedy) is remedied; or
does or allows to be done anything which, in COZA Web Design cc's reasonable opinion, may have the effect of negatively
affecting the operation of the COZA Web Design cc network or the provision of services to the customer or to any
other customer(s) of COZA Web Design cc.
uses the service in contravention of any act or regulation.
Notwithstanding any suspension of service under this clause, the customer shall remain liable for all charges due hereunder
throughout the period of suspension unless COZA Web Design cc, in its sole discretion, determines otherwise.
TERMINATION
Notwithstanding anything to the contrary contained in this agreement, COZA Web Design cc shall at any time be entitled
to terminate this agreement on not less than 30 (days) notice to such effect to the customer, COZA Web Design cc
making due refunds. The customer shall give COZA Web Design cc one calendar month
notice of termination.
Without prejudice to any other rights or remedies which COZA Web Design cc may have in terms hereof or at law, COZA Web Design
cc shall be entitled to forthwith cancel this agreement and discontinue the service if the customer fails to comply with
any of the terms or conditions of this agreement or any other agreement made between COZA Web Design cc and the customer.
Upon termination of this agreement COZA Web Design cc shall disconnect the customer from the networks of COZA Web Design cc
and all its network providers.
After disconnection of the customer upon termination of this agreement, the customer shall on demand pay all charges
outstanding at the time of disconnection, including any disconnection or termination fee, which may be
charged by COZA Web Design cc.
Upon termination due to any breach of this agreement by the customer, COZA Web Design cc shall be entitled to claim damages.
EXCUSABLE EVENTS
COZA Web Design cc shall not be liable to the customer for any breach of this agreement or failure on its part to perform any
obligation as a result any circumstances outside COZA Web Design cc's reasonable control, including without limitation, of
technical problems relating to the network, or any one of them, acts of God, government control, restrictions or
prohibitions or any government act or omission, whether local, national or international, act or default of any
supplier, agent or sub-contractor, industrial disputes of any kind or any other cause.
ALTERATION
COZA Web Design cc reserves the right and shall be entitled to alter any name, code or number allocated by COZA Web Design cc
for use in connection with the services and the customer hereby indemnifies COZA Web Design cc against any cost to the customer,
loss or liability arising from such alteration.
SUPPORT SERVICE
COZA Web Design cc shall, as and when specifically requested to do so by the customer in writing via e-mail, render such
consultation and support services to the customer pertaining to the identification and, if possible, solution of
problems encountered by the customer in the COZA Web Design cc services rendered to it or with his Internet related
services in general as the customer may request, subject to the payment by the customer of all hourly tariffs, distance charges
and other related fees payable in respect thereof.
COZA Web Design cc shall, as part of such service, identify the customer's problem, but does not give any warranty, guarantee
or any other similar undertaking that it will be able to rectify all or any of the problems so identified.
The customer shall-
supply all software, hardware and all related documentation required by COZA Web Design cc to identify and solve any problem
encountered by the customer. Failure to do so will result in COZA Web Design cc not being able to assist customer any further,
whilst the customer shall remain liable for the payment of any and all amounts referred to in the quote;
render to COZA Web Design cc, its agents, representatives and employees all necessary assistance to identify, locate and solve
any problem encountered by the customer; and
ensure the safety of all agents, representatives and employees of COZA Web Design cc present at the customer's premises and
shall and hereby does assume responsibility and liability for any cost, expense, loss or damage incurred or suffered by COZA Web
Design cc or any of its representatives, agents or employees as a result of any injury to or the death of any such person whilst
present at the customer's premises, from whatsoever cause arising.
COZA Web Design cc does and shall not accept any responsibility or liability for any existing data on the customer's equipment
and shall specifically not be required to back-up any data before commencing any work. The customer hereby indemnifies and holds
COZA Web Design cc harmless against any cost, liability, loss or damage incurred or suffered by the customer or by COZA Web
Design cc as a result of the loss of any such data, whether occasioned by any act or omission of COZA Web Design cc, its
representatives, agents or employees or otherwise.
Consultation time charged for will commence when the relevant COZA Web Design cc agent, representative or employee leaves the
COZA Web Design cc office and will end when he returns to the COZA Web Design cc office. The customer will be charged
should the consultant for any reason whatsoever not be able to obtain access to the customer's premises or equipment.
GENERAL
The customer shall not cede, assign, transfer, encumber or delegate any of his rights or obligations in terms of this agreement
to any third party.
Notwithstanding anything to the contrary contained herein, COZA Web Design cc shall be entitled to cede its rights and
delegate its obligations in terms of this agreement to any of its affiliate companies, provided that reasonable guarantees
will be given to the customer.
The terms and conditions as set out herein, constitute the entire agreement between COZA Web Design cc and the customer and
supersede all representations made to the customer, all amendments effected by the customer to any application form
or other similar document submitted by him and all communications between COZA Web Design cc and the customer relating to the
subject matter hereof.
This agreement shall be governed by and construed and interpreted in accordance with the law of the Republic of South Africa.
The clause headings in this agreement are for the purpose of convenience only and shall not be taken into account in the
interpretation of nor modify the terms of this agreement. Unless inconsistent with or a contrary intention clearly appears from
the context words importing any reference to a gender includes the other genders, any reference to the singular includes the plural
and vice versa, and any reference to natural persons includes legal persons and vice versa.
If any clause or clauses of the terms and conditions of this agreement is found by any court of competent jurisdiction to be
invalid or unenforceable, the remainder of the terms and conditions of this agreement shall remain valid and enforceable.
The customer shall protect all username & passwords for COZA Web Design cc. COZA Web Design cc accepts no liability
whatsoever for any misuse or abuse of the customer's service as a result of disclosure of a customer's username &
password. The customer will immediately notify COZA Web Design cc, when it becomes apparent that his/her username &
password has been compromised, until such notification is received & accepted by COZA Web Design cc, the customer remain
liable for any usage charges incurred or outstanding on the customer's account. COZA Web Design cc accepts no responsibility
or liability for the breach of security in the distribution of a username & password in accordance with the
customer's instructions.
The customer hereby gives COZA Web Design cc permission to perform a credit check on the customer's credit profile with one
or more of the registered Credit Bureaus when assessing the customer's application for services and record and
transmit details of how the customer has performed, and how the account is (or was) conducted by the customer in meeting their
obligations on the account.
INTELLECTUAL PROPERTY
The intellectual property rights including (without limitation) copyrights and the trade and service marks utilised by COZA Web
Design cc during the term of this Agreement, shall remain the property of COZA Web Design cc, save as provided
herein, nothing contained in this Agreement shall be construed to confer on the customer any rights or licenses in such
intellectual property rights.
Should COZA Web Design cc be required to develop any computer code, data, documents, presentations, solutions design, web site
or any application ("the work"), then all intellectual property rights in and to such work shall vest exclusively in COZA Web
Design cc. To the extent that intellectual property rights in the work vests, for whatever reason, in the customer, the customer
hereby agrees to assign all such intellectual property rights to COZA Web Design cc, which hereby accepts such assignment.
Save as provided for in this agreement, any license granted to the customer in terms of this agreement shall be for singular
user only. The customer shall be obliged to pay a license fee for multiple use.
The customer shall not modify or use any software, computer code, data, documents, presentations, solutions design, web site
or any application licensed to it in terms of this agreement, to create a derivative work.
SHARED WEB HOSTING
COZA Web Design cc shall:
Provide a service in accordance with choices set out in the published pricelist.
Host the client's website as set out in the quote.
Allocate the client the server space as indicated in the published pricelist.
Adhere to the Electronic Communications and Transactions Act 25 of 2002.