ISP terms and Conditions

ISP TERMS & CONDITIONS

Terms and Conditions

Connectivity Service Contract
(Latest Revision 18/ 08/ 2004-2)

1. PARTIES

1.1 This Agreement is made between you the Subscriber and Ionline (PTY) Ltd of 8 Roan Nook Eldoraigne Centurion 0185 South Africa.

2. THE SERVICES & APPROVAL OF SERVICES

2.1. The order that you place on IONLINE depends on the normal credit-vetting practices of IONLINE and may be approved or rejected by IONLINE, depending on the outcome of the credit-vetting. You hereby give IONLINE permission to do credit vetting on your Company name, Directors, or personal identification details. Once successfull Ionline will provide the Subscriber or your company with Internet Access and related services as described in product literature. The Service also includes access to Ionline ’s help desk which is staffed Monday to Friday (excluding public holidays) 08: 00 - 17: 00. Our Mobile team will support the subscriber out side of business hours.

2.2. Ionline aims to maintain a 24-hour presence ( for those who have web space) and 24-hour
access for the Subscriber but cannot guarantee a continuous uninterrupted service.

2.3. From time to time certain Points of Presence, servers, or the whole or part of the network may be closed down for rout ine repair or maintenance work. Ionline will give, as much notice as in the circumstances is reasonable and will endeavor to carry out such work during the scheduled maintenance periods as published from time to time.

2.4. Neither Ionline nor any other party has control over the Internet, which is a global decent ralized network of computer systems. Service interruptions may occur due to causes beyond Ionline ’s control such as system malfunct ions or failures of other parties. In these circumstances, Ionline will use its best endeavors to restore the Service as soon as reasonably
pract icable.

2.5. Ionline does not take back-ups of websites posted utilizing the free web space described at
clause 2.1.

2.6. Ionline reserves the right (but does not assume any obligat ion) to inspect the content of data that the Subscriber t ransmits and receives to ensure compliance with this Agreement or any applicable laws regulations or codes of practice. Also reserves the right to disclose the content of data that the Subscriber t ransmits and receives or remove offending material if required to do so by the police or other law enforcement authorities.

2.7. Ionline exercises no cont rol over the content of the information passing through the network and makes no warranty as to its quality, accuracy or freedom from defects or viruses.

2.8. The Subscriber acknowledges that neither the Internet nor the Ionline server is secure and that Ionline cannot guarantee the security of any of the Subscribers information.

3. PAYMENT TERMS*

3. 1. All set up and installation charges are due not later than the date the Service becomes available for use by the Subscriber.

3.2. Subscriptions may be paid monthly or annually in advance as agreed at the commencement of this Agreement . These charges are due whether or not there has been on- line activity during such period. I f Ionline does not receive payment in full by the due date the Subscriber’s account may be suspended. I f after 30 days from being suspended Ionline has not received payment in full of the outstanding debt , the Subscriber's account and the Service may be terminated.

3.3. Ionline reserves the right to vary the amount of any fee or charge from time to t ime and will provide at least 30 days notice to the Subscriber. E-mail notices will be sent to the Subscriber in advance of such changes taking effect . Continued use of the Service after the effective date of a change will constitute acceptance.

3.4. All accounts are billed between the 1st and the 10th of the month. I f the customer subscribes part way through the month, a partial payment / pro rata will be generated taking the account up to the 7th of the following month.
5. A one time (R60.00) will be charged to Subscriber if authorizat ion can not be obtained or Debit is returned or unpaid. I f authorization or payment can not be obtained by the due date, Ionline , at its sole discretion, also has the option to terminate or otherwise deactivate the clients account without any notice.

4. SUBSCRIBERS OBLIGATIONS

4.1. The Subscriber is responsible for providing all telephone, computer hardware and software, equipment and services necessary to gain access to the Service. I t is also the Subscribers responsibility to ensure that the Subscribers equipment will be compatible with the Service.

4.2. The Subscriber is responsible for all use of the Subscribers account. I f the Subscriber suspects that there is, or has been, unauthorized use of the Subscriber’s password, the Subscriber should notify Ionline immediately and have the applicable password changed.

4.3. Ionline does not cont rol the messages, informat ion or files that the Subscriber t ransmits or receives. I f a Subscriber has engaged in activities or if Ionline believes a Subscriber has engaged in activities which are illegal or prohibited under this Agreement Ionline may exercise any of the rights set out at Clause 5 below;

4.4. The Subscriber must not use the Service to t ransmit or receive information, which is obscene, threatening menacing, offensive, defamatory, in breach of confidence or otherwise unlawful.

4.5. The Subscriber must not transmit or receive material, which is in breach of copyright or any other intellectual property rights. I f the Subscriber wishes to transmit, receive or post material protected by any such rights it is the Subscribers responsibility to
obtain the owners written permission.

4.6. The Subscriber agrees that the Subscriber will, when using service, observe the provisions of the Data Protection Act and subsequent amending legislation.

4.7. The Subscriber will not knowingly or recklessly t ransmit or receive material, which contains viruses or other code, or defects which are likely to cause damage to any computer system or data or engage any other act ivity which is in breach of the Computer Misuse Act .

4.8. The Subscriber may not use the Service to engage in activity, which is in breach of any applicable national or international laws.

4.9. I f any advertisement or offer for sale of goods or services is displayed on a Subscribers website on a Ionline server such advertisement or offer for sale of goods or services must comply with the code of practice of the South African Advert ising Standards Authority.

4.10. No subscriber may participate in the sending of large volumes of unsolicited e-mails.

4.11. The Subscriber agrees to observe and comply with the requirements of any Acceptable Use Policy, which Ionline may notify to the Subscriber from time to time.

4.12. The Service provided is non-transferable and for use only by the individual or corporation subscribing to the Service.

4.13. When IPASS International Service is utilized overseas by the Subscriber, the Subscriber must be aware that an International charge per minute connected will be levied and this charge will vary according to International Rates. The onus is also on the Subscriber to make sure that the IPASS facility is only utilized when traveling overseas, when IPASS facility is used locally by mistake, the Subscriber will still be billed via the International Call Rates.

4.14. The ADSL Service will be charged for the full month’s usage, even if the Service is only activated during a later stage in the month.

5. SUSPENSION OR TERMINATION OF SERVICE

5. 1. In the event of the Subscriber engaging in any activities which are in breach of this Agreement , bankruptcy or insolvency proceedings are brought against the Subscriber, a receiver is appointed over any of the Subscribers assets or the Subscriber goes into liquidation, Ionline may, at its sole discretion, and without prejudice to any other legal rights or remedies which it may have ( in any order) , take any one of the following act ions;

5.2. Notify the Subscriber by e-mail or other means that the Subscriber appears to be engaged in prohibited activity. The Subscriber will then have 5 calendar days to show cause why Ionline should not take further action;

5.2.1. Delete any offending material ( if relevant) ;
5.2.2. Suspend the Service;
5.2.3. Terminate the Service.

5.3. Either party may terminate this Agreement by giving the other at least one calendar month’s notice in writing, subject to the conclusion of the agreed contract period and subject to the home user / business user policy.

5.4. No refund of advance payments for the unused port ion of the Service will be made to the Subscriber if a Subscriber terminates an account during a billing period or if Ionline terminates this agreement in accordance with clause 5.1 above.

5.5. Without prejudice to the generality of clause 6.4 of this Agreement , Ionline shall have a right to recover from the Subscriber the cost to Ionline in terms of staff time spent dealing with technical and other problems which arise as a result of any use of the Subscribers account for unlawful or prohibited activities.

5.6. The Home ADSL Service needs to be cancelled giving one calendar month’s days notice in writing to Ionline , subject to the conclusion of the agreed contract period. Any Business ADSL / Business Bonded / Business Fibre / business Service of any nature needs to be cancelled giving three calendar month’s days notice in writing to Ionline , subject to the conclusion of the agreed contract period.

5.7. I f the Subscriber has an active dial-up Service that needs to be cancelled when subscribing to ADSL, the responsibility is on the Subscriber to give written cancellation of said Service. The Service will not be cancelled automatically on addition of an ADSL.

5.8. Cancellations are not deemed valid unless client is possession of a valid cancellation document provided by Ionline acknowledging cancellation.

6. CANCELLATION OF SERVICES

6.1. the Subscribers account for unlawful or prohibited activities.

6.2. If the Subscriber has an active dial-up Service that needs to be cancelled when subscribing to ADSL, the responsibility is on the Subscriber to give written cancellation of said Service. The Service will not be cancelled automatically on addition of an ADSL.

6.3. All Dial-UP Service cancellation’s require one calendars month not ice in writing to Ionline

6.4. Cancellations are not deemed valid unless client is possession of a valid cancellation document provided by Ionline acknowledging cancellat ion.

7. LIMITATION OF LIABILITY AND INDEMNITY

7.1. Ionline shall provide the Service in accordance with the warrant ies given in Clause 2. Save as expressly set out in this Agreement all conditions or warranties, which may be implied or incorporated into this Agreement by law or otherwise, are hereby expressly excluded to the fullest extent permit ted by law.

7.2. The liability of Ionline ( if any) in contract , tort, negligence or otherwise arising out of or in connection with this Agreement , in respect of all defaults related or unrelated, occurring in any one year will not exceed in aggregate the charges received by Ionline from the Subscriber during that year.

7.3. In no event will Ionline be liable for any indirect or consequential loss or damage of any kind ( including without limitation loss of profits, business interruptions, or loss, corruption or misdelivery of data) however caused and whether arising under contract , tort ( including negligence) or otherwise.

7.4. The Subscriber agrees to indemnify Ionline against any claims brought by a third party resulting from the Subscribers use of the Service and in respect of any losses or liabilit ies incurred directly by Ionline as a result of the Subscribers breach or non-observance of any of these terms and conditions.

7.5. The Subscriber shall pay all costs, damages, awards, fees ( including any reasonable legal fees) and judgments awarded against Ionline arising from any such claims and shall provide Ionline with notice of such claims, full authority to defend, compromise or set tle such claims and reasonable assistance necessary to defend such claims, at the Subscriber’s sole expense.

7.6. The Subscriber agrees that Ionline ’s network vendor( s) shall be third-pa Ionline rty beneficiaries of the provisions of this Agreement .

7.7. The provisions of this Clause 6 shall survive any termination of this Agreement .

8. ADDITIONAL SERVICES

8. 1. Customers may request additional services via e-mail this will be deemed part of this contract and duration of this contract , any new services if not specified will be subject to the normal cancellation procedures.

9. GENERAL

9. 1. Ionline reserves the right to vary these terms and conditions from t ime to time and will provide at least 30 days notice to the Subscriber. E-mail notices will be sent to the Subscriber in advance of such changes taking effect . Continued use of the Service after the effective date of a change will constitute acceptance.

9.2. The terms and conditions contained in this Agreement constitute the entire agreement between the Subscriber and between Ionline and supersede all other communications.

9.3. The Subscriber acknowledges that they have read and accept the terms of this Agreement . Use of the service shall be deemed as acceptance of the terms of this Agreement .

9.4. This Agreement shall be governed by and const rued in accordance with the laws of South Africa and the Subscriber hereby submits to the exclusive jurisdiction of the courts of South Africa. Web Host ing Service Cont ract (Latest Revision 18/ 08/ 2004-2) This Agreement is between Ionline (PTY) Ltd a South African company with it ’s principal office located in Midrand, and the client named hereafter. Ionline agrees to provide, and Client agrees to accept through Ionline access to Web Hosting services according to the following terms and condit ions:

 

10. TERM AND COMPENSATION:

10. 1. The parties agree to a month to month cont ract, beginning after Ionline ’s receipt of payment of the init ial monthly or other service fee.

10.2. This Agreement will automatically renew for successive single month periods unless cancelled in writing prior to the monthly renewal date which shall be that date thirty days from receipt by Ionline of payment of Clients compensation payable to Ionline . Client ’s account will be automat ically billed between the 1st and the 7th day of every month. Client will receive a monthly invoice for charges. Such charges and fees are subject to change. Cont inuation of use of services by Client indicates agreement to such changes or revisions.

10.3. A one time (R60.00) will be charged to Client if authorization can not be obtained or Debit is returned or unpaid. I f authorization or payment can not be obtained by the due date, Ionline , at it ’s sole discretion, also has the option to terminate or otherwise deactivate the Client ’s account without any notice.

10.4. The Subscriber is bound to a 12 months’ host ing agreement with Ionline if the Subscriber takes one of the Site Design Hosting Options.

10.5. The Subscriber is bound to a 12 months’ host ing agreement with Ionline if the Subscriber has a dedicated server using Ionline software or hardware.

 

11. DISCLAIMER OF WARRANTY:

11.1. Ionline ’s SERVICE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. DUE TO Ionline ’s RELATIONSHIP WITH ON LINE NETWORKS, THE Ionline GIVES NO WARRANTY, EXPRESSED OR IMPLIED, FOR THE WEB HOSTING SERVICES PROVIDED, INCLUDING WITHOUT LIMITATION, WARRANTY OF THE MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF WARRANTY EXPRESSLY DISCLAIMS ANY RIGHT TO
REIMBURSEMENT FOR DIRECT OR CONSEQUENTIAL LOSSES, INCLUDING BUT NOT LIMITED TO LOSSES OF INCOME, DUE TO DISRUPTION OF SERVICE BY Ionline OR BEYOND THE FEES PAID BY CLIENT TO Ionline FOR SERVICES.

11.2. Client expressly agrees that use of Ionline ’s service is at Client ’s sole risk. Ionline , its employees, affiliates, agents, third party information Ionline ’s merchants licensers or the like, indicate Ionline ’s Web Hosting service may be interrupted and is not likely to be error free. Ionline makes no warranty as to the results that may be obtained
from the use of the Web Host ing service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Web Hosting service, unless otherwise expressly stated in this Agreement .

11.3. Under no circumstances, including negligence, shall Ionline , its offices, agents or anyone else involved in creating, producing or dist ributing Ionline ’s Web Hosting service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Ionline ’s Web Hosting services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft , dest ruction or unauthorized access to Ionline ’s records, programs or services. Client maintains sole responsibility for data backups and restoration. Client hereby acknowledges that this paragraph shall apply to all content on Ionline ’s Web Hosting services.

11.4. Use of any information obtained by way of Ionline is at Client’s own risk and Ionline specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connect ion speed represents the speed of a connection to and does not represent guarantees of available end to end bandwidth.

11. 5. Ionline disclaims liability for any damages arising from Client ’s use of Ionline or by Client ’s Server(s) . Ionline disclaims liability for Client ’s data, files, or directories residing on Ionline ’s equipment or its Ionline ’s equipment . Client is solely responsible for maintaining data, file, and directory st ructure back-ups.

11.6. Notwithstanding the above, Client ’s exclusive remedies for all damages, losses and causes of actions whether in cont ract, tort including negligence or otherwise, shall not exceed the aggregate Rand amount which Client paid during the term of this Agreement .

11.7. I t is the responsibility of the Subscriber to make sure that mail spooled on Ionline servers are ret rieved at least once a week, as the Mail Spool File gets cleared every 5 days. Ionline will not be held responsible for any mail lost due to non- retrieval.

 

12. TRADEMARKS AND COPYRIGHTS:

12. 1. Client warrants that it has the right to use the applicable t rademarks of Client , and grants to Ionline the rights to use such trademarks, if any, in connect ion with Ionline ’s motion of, referencing of, cataloging of, or indexing of Ionline ’s Web Hosting clients.
12.2. CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON Ionline THROUGH CLIENT’S ACCOUNT(S) WILL NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING LIBELOUS OR HARMFUL. CLIENT WILL HOLD Ionline HARMLESS AND IDEMNIFY Ionline FROM ANY DAMAGES, FINES, OR COSTS INCLUDING ATTORNEY FEES WHICH MAY ARISE FROM ANY SUCH VIOLATION OR INFRINGEMENT.

13. CAPACITY:

13.1.Client cert ifies that he or she has full right and authority to enter into this agreement to bind Client hereto.

 

14. INTERNET ETIQUETTE:

14.1. Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. Ionline is not liable for protection or privacy of electronic mail or other information t ransferred through the Internet or any other network Ionline or its customers may utilize.
14.2. Use of distribution list via unsolicited elect ronic mail or other elect ronic mailings is st rictly prohibited. Ionline reserves the right to deactivate the Client ’s Web Hosting account (s) upon an indication of such activity. Client hereby agrees to indemnify and hold harmless Ionline from any claim resulting from the Client ’s or another party’s use of elect ronic mail service( s) on the Client ’s Web Hosting account( s) .

 

15. TERMINATION / CANCELLATION OF SERVICES

15. 1. This Agreement may be terminated by either party. Outstanding invoices are not affected by termination. Ionline may terminate service under this Agreement at any t ime, without penalty, if Client fails to comply with the terms of this Agreement
15.2. The Subscriber is bound to a 12 months' host ing agreement with Ionline if the Subscriber takes one of the Site Design Hosting Options.
15.3. The Subscriber is bound to a 12 months' host ing agreement with Ionline if the Subscriber has a dedicated server using Ionline software or hardware. The Subscriber shall provide one calendar month's termination notice when canceling dedicated server hosting with Ionline .
15.4. The Subscriber is bound to a 12 months contract if supplied with the bit defender service. This is non refundable and the excess amount payable upfront for excess months if it is to be cancelled.
15.5. The Subscriber shall be subject to a call-out fee, on all maintenance needed at server room that does not fall under the agreed maintenance provided to dedicated server clients.
15.6. The subscriber shall provide one calendar month's notice in writing to terminate any service's with Ionline .
15.7. Cancellations are not deemed valid unless client is possession of a valid cancellation document provided by Ionline acknowledging cancellation.

16. INDEMNIFICATION:

16. 1. CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON Ionline THROUGH CLIENT’S ACCOUNT(S) WILL NOT CONTAIN ANYTHING LEADING TO AN ABUSIVE OR UNETHICAL USE OF THE WEB HOSTING PRODUCT(S) OR THE HOST SERVER(S) . ABUSIVE AND UNETHICAL MATERIALS AND USES INCLUDES, BUT IS NOT LIMITED TO, PORNOGRAPHY, OBSCENITY, NUDITY, VIOLATIONS OF PRIVACY, COMPUTER VIRUSES, ANY HARASSING AND HARMFUL MATERIAL OR USES, ANY ILLEGAL ACTIVITY, OR MATERIAL ADVOCATING ILLEGAL ACTIVITY, AND ANY INFRINGEMENT OF PRIVACY OR LIBEL.
16.2. Client agrees that it shall defend, indemnify, save and hold Ionline harmless from any and all demands, liabilities, losses, costs and claims, including reasonable at torneys’ fees, ( “Liabilities” ) asserted against Ionline , agents, its clients, servants, officers and employees, that may arise or result from publication or use of client’s materials, any service provided or performed or agreed to be performed or any product sold by Client , its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Ionline against Liabilities arising out of ( i) any injury to person or property caused by any products or services sold or otherwise dist ributed in connection with Ionline ’s Web Hosting service; ( ii) any material supplied by Client infringing on the proprietary rights of a third party; ( iii) copyright infringement and ( iv) any defective product which Client sold on the Web Hosting.

17. CONTRACT REVISIONS:

17.1 Revisions to this Contract will be considered agreed to by Client on renewal of Ionline ’s Web Hosting services as specified in Section 1(c) .

18. UNLIMITED USE POLICY:

18.1. High bandwidth usage: Ionline offers an unlimited use policy by maintaining very large ratios of bandwidth per customer. In rare cases, Ionline may find a customer to be using server resources to such an extent that he or she may jeopardize our service Ionline ’s server performance and resources for other customers. In such instances, Ionline reserves the right to impose the High Resource User Policy for the consideration of all customers.

 

19. HIGH RESOURCE USER POLICY:

19. 1. Resources are defined as bandwidth and / or processor ut ilization.
19.2. Ionline may implement the following policy at its sole discretion:
19.3. When a website is found to be monopolizing the resources available Ionline reserves the right to suspend that site immediately or renegot iate the current hosting package in accordance to the use. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our service Ionline ’s servers.

 

20. ENTIRE UNDERSTANDING:

20.1. This Agreement contained in this Cont ract constitutes the sole agreement between Ionline and Client regarding its Web Hosting service. I t is construed in accordance with the laws of South Africa. Any lit igation or lawsuits incidental to this Agreement shall be filed and be determined in South Africa unless otherwise agreed to in writing by Ionline .
20.2. Client will use the Web Hosting services in a manner consistent with any and all applicable laws of South Africa.

21. Ionline Mobile 3G/HSDPA CARD AND CONTRACT INSURANCE:

21. 1. Insurance covers the following: Fire, Theft. Lightning
21.2. In the event of fire damage, please supply Ionline with a police case number and remains of the damaged item.
21.3. In the case of theft please supply Ionline with police case number.
21.4. In the case of lightning, please supply Ionline with Damaged item for test ing. I f the card was found to be damaged by power/ lightning surge, a replacement unit will be issued.
21.5. Insurance does not cover:

Accidental damage.

Physical abuse to the card

Water damage.

Any other damage not specified above.

 

Signing up for an account binds the clients to the above cont ract.