Terms of Service

This document sets forth the principles, guidelines and requirements of the Terms of Service (“TOS”) of Get a Website (“The Provider”) governing the use by the Client (“Client”) of the Provider’s services and products (“Services and Products”).

Purpose

The purpose of the TOS is to comply with all federal, state, and local laws coupled with protecting the network security, network availability, physical security, client privacy, and other factors affecting the services provided by The Provider. The Provider reserves the right to impose reasonable rules and regulations regarding the use of its services provided to all Clients and such rules and regulations are subject to change. Such rules and regulations are located on the Internet at http://www.getawebsite.co.za/terms-of-service/. The TOS is not an all inclusive exhaustive list and The Provider reserves the right to update the TOS at any time without notice to you. Acceptance and execution of the TOS binds all parties to The Provider stated TOS at the time the contract is executed and as modified from time to time. Any violation of the TOS may result in the suspension or termination of Client account(s) or such other action as The Provider deems appropriate. No credits will be issued for any interruption in service resulting from policy violations.

VIOLATION OF ANY SECTION OF THE TOS IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES CUSTOMER RECEIVES FROM COMPANY.

Service Agreement

Client agrees to receive access to the web hosting services according to the following terms and conditions:

1) Selection of Service Plan

Client will select one of the service plans offered by The Provider, and agrees to receive services according to the service plan selected.

2) Payment for Services

Depending on his selection of hosting service plan, Client can choose to be invoiced monthly, quarterly or annually (“Billing Period”) for service. For certain domain name registrations, Client can choose to be invoiced in annual increments from one year to ten years.

The Provider will issue invoices by electronic mail.

Client agrees to pay for services provided under this Agreement by credit card, debit card or EFT (Bank Transfer). The Provider will process payment of the invoice on the designated payment date provided on the invoice, typically the first day of the month.

When initiating service, Client can be billed for the published setup fee for the service plan selected, as well as a pro rated month charge according to the service plan for the number of days remaining in the calendar month from the time of initiation of service until the end of the month in which service is initiated.

The Provider will issue an invoice for services thereafter according to The Provider’s published schedule at the start of the billing period.

In the case of insufficient funds to process payment or late payment, Client may pay a service levy of R100 (South African Rand), or equivalent in another currency, per incident.

3) Refund of Payments

Refunds can be given at discretion of The Provider. To claim a refund, Client is required to submit a written request via The Provider’s Helpdesk.

4) Term

This Agreement may be terminated with one month’s notice by Client or The Provider at any time. If Client is in default under this Agreement (including non-payment), then The Provider may immediately terminate the Agreement without prior notice to Client.

4) Compliance with Law

Client will use the services offered by The Provider in a manner consistent with all applicable local, state and international laws and regulations.

5) File Back-up

The Provider is not responsible for Client’s files residing on The Provider’s servers. Client is solely responsible for independent backup of data stored on The Provider’s servers. Should The Provider offer periodic file backup as part of Client’s service plan, this responsibility will not be transferred from Client to The Provider.

6) Prohibition of Publication of Certain Material

The Client shall not knowingly or unknowingly submit, upload or transmit by any other means to the The Provider for publication any of the following material (including pictures, links, or any other content):

(a) any material which violates or infringes any copyright, trademark, trade secret, patent, statutory, common law or other proprietary rights of others;

(b) any material that is libellous or slanderous;

(c) any material which is or contains anything obscene or pornographic; or

(d) distribution lists to be used via unsolicited electronic mail or other mass electronic mailings including but not limited to: mass-newsgroup postings, SPAM and unsolicited e-mail sent from your server, or any other service on the Internet, which contains your domain name or any other domain name on the Provider’s network

(e) Any abuse of access privileges including but not limited to:

(i) Use of any program, script or command, or sending messages of any kind, designed to interfere with a users terminal session, via any means, locally or by the Internet.

(ii) Use of Services to cause denial of service attacks against The Provider or other network hosts or Internet users or to otherwise degrade or impair the operation of The Provider’s servers and facilities or the servers and facilities of other network hosts or Internet users.

(iii) Post messages or software programs that consume excessive CPU time or storage space.

(iv) Using IRC software or any software that is connected to a remote IRC server.

(v) Use of software programs with known vulnerabilities of attack.

(vi) Use of weak passwords, including but not limited to dictionary words, that may leave a server vulnerable to unauthorized access.

Due to the public nature of the Internet, all material submitted by Client for publication will be considered publicly accessible. The Provider does not screen in advance Client’s material submitted to The Provider for publication. The Provider’s publication of material submitted by Client does not create any express or implied approval by The Provider of such material, nor does it indicate that such material complies with the terms of the TOS.

7) IP Addresses

The Provider maintains control and any assignment of any and all IP numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

8) Cancellation

In order to terminate the Services, Client must follow the cancellation procedure:

(i) Submit written notice of cancellation by fax or electronically via The Provider’s Helpdesk. Current contact information is published on the Contact Us page accessible from the bottom of The Provider’s Web Site pages.

(ii) Client’s notice of cancellation is to reach The Provider at least one month in advance of the intended date of termination of Services.

(ii) Acceptance of the cancellation by The Provider will be subject by positive identification of the person submitting the cancellation notice, by sending fax number or e-mail address.

(iii) Cancellation, and specifically release of domain names, will not be accepted in the case of outstanding payments.

Disclaimer of Warranties

THE PROVIDER’S SERVICE IS PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS. THE PROVIDER SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL THE PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF THE PROVIDER HAS BEEN ADVISED BY CLIENT OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF THE PROVIDER’S SERVICE to the Client IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, THE PROVIDER SHALL NOT BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND THE FEES PAID BY CLIENT TO THE PROVIDER FOR SERVICES, DURING THE PERIOD OF DISRUPTION OF MALFUNCTION.

1) Limitation/Disclaimer of Liability:

The Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network The Provider or its customers may use.

The Provider does not represent or warrant to the Client that the Client will receive continual and uninterrupted service during the term of this Agreement. In no event shall the Provider be liable to the Client for any damages resulting from or related to any failure or delay of The Provider to provide service under this Agreement if such delays or failures are due to strikes, riots, fire, inclement weather, acts of God, theft or vandalism or other causes beyond The Provider’s control, as defined by standard practices in the industry. Such failure or delay shall not constitute a default under this Agreement.

2) Indemnity:

Client agrees to defend, indemnify and hold The Provider harmless from and against any and all claims, losses, liabilities and expenses (including attorneys’ fees) related to or arising out of the services provided by The Provider to the Client under this Agreement, including without limitation claims made by third parties (including customers of Client) related to any false advertising claims, liability claims for products or services sold by Client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content submitted by Client for publication by The Provider, but excluding those related to the negligence of The Provider.

3) Relationship of the Parties:

The parties intend that an independent contractor relationship will be created by this contract, and that no partnership, joint venture or employee/employer relationship is intended.

4) Waiver:

Any party’s failure to insist on compliance or enforcement of any provision of this Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of this Agreement.

5) Attorneys’ Fees:

If a legal proceeding is commenced to enforce or obtain a declaration of rights under this Agreement, the prevailing party in such proceeding shall be entitled to recover its reasonable attorneys’ fees and costs incurred in the proceeding from the non-prevailing party, as well as any reasonable attorneys’ fees and costs that the prevailing party incurred prior to commencing the proceeding.