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Terms
of use
By using this website, you signify your assent to this disclaimer.
If you do not agree to this disclaimer, please do not use the site.
This site may contain links to other Internet sites. These links
are not endorsements of any products or services in such sites,
and no information in such site has been endorsed or approved by
this site. All users agree that all access and use of this website
is at your own risk. Website Warehouse will not be liable for any
damage arising out of your access, use, or inability to use this
website, or any errors or omissions in the content thereof.
Website Warehouse reserves the right to change its terms and conditions
at any time. By using this website users agree in advance to be
bound by all of the changes as well.
Privacy policy
Website Warehouse does not sell, transfer, or give away our customers
names, addresses, phone numbers, email addresses, credit card information,
or sales information. We do not collect data without your knowledge
when you visit our site, and if you choose to provide it to us,
we do not make it accessible to any other individual or business.
Hosting terms & conditions
Please read the following Terms and Conditions. This contract is
an agreement between you (the customer) and Website Warehouse.
This agreement is made between Website Warehouse and the "customer"
and is dated as from the initial setup of the customers website.
1. SERVICES
Website Warehouse agrees to provide website hosting on www.websitewarehouse.co.za,
email and related services to the customer, subject to the following
terms and conditions.
2. CONTENT AND INDEMNIFICATION
The customer acknowledges that Website Warehouse does not regulate
or take any responsibility for the content of the clients pages
or for the security of customers passwords.
The customer agrees that the security of his/her passwords is solely
their responsibility.
The customer agrees that if he/she believes the security of their
account has been compromised in any way, that he/she will notify
Website Warehouse immediately.
The customer warrants that he/she has all rights necessary to lawfully
submit any information or materials that he/she is uploading or
transmitting to Website Warehouse, including all intellectual property
rights.
The customer agrees to indemnify Website Warehouse against any action
brought by a third party as a result of such material or information,
or as a result of the customers use in any way of the services provided
by Website Warehouse.
Any use of the network to engage in software piracy or any other
violations of law will result in immediate account suspension.
3. TRADEMARKS & COPYRIGHTS
The customer warrants that he/she has the right to use any trademarks
and service marks which he/she may choose to use in his/her domain
name, on his/her website or any related product or service. Website
Warehouse cannot be held responsible in the event of a client infringing
on any intellectual or property copyright.
4. INTERNET ETIQUETTE
The customer agrees to observe the following:
Sending e-mail to unsolicited addresses is forbidden. SPAM e-mail.
Multiple Cross Posting on News Groups where a Website Warehouse
hosted website is being promoted or a Website Warehouse hosted mail
address is being used.
Anyone who practices such tactics will have their account suspended
pending an investigation. Should the customer be found guilty of
any of the above offences, the customers account will be terminated
with immediate effect.
The network or any of its resources may not be used to impersonate
another person or misrepresent authorization to act on behalf of
others or Website Warehouse. All messages transmitted via Website
Warehouse must correctly identify the sender.
5. NO WARRANTIES
Website Warehouse makes no warranties of any kind, whether express
or implied, for the services to be provided hereunder.
The customer agrees that Website Warehouse shall not be liable for
any losses or damages of any kind to the customer, including but
not limited to, loss that may result from service interruption,
delays in account activation, delays in general, non-deliveries,
or misdeliveries no matter what the cause might be.
Website Warehouse makes no warranties regarding its ability to recover
any lost file or information, regardless of how or why the file
/ information was lost or deleted.
Use of the service is at the customer's sole risk. Website Warehouse
is not responsible for files and data residing on a customer's account.
Under no circumstances will Website Warehouse be liable for any
consequential damages or for any liability of any nature whatsoever.
6. BILLING POLICY
Monthly invoices will only be sent to customers whom prefer to pay
monthly, unless prefered otherwise.
Service invoices will be sent to the customer via electronic mail.
Invoices not paid by the 5th of every month for the previous months
service, are subject to immediate suspension.
Website Warehouse will not be held responsible for any damages,
losses or claims as a result of a customer's Internet service being
suspended for non payment.
Invoices 30 days past due are subject to cancellation which will
result in the deletion of all of the customer's files, including
but not limited to web pages, email and databases.
The customer agrees that all setup fees are non-refundable once
setup is completed if applicable.
The customer agrees that unless he/she notifies Website Warehouse
of his/her desire to cancel any or all services received, those
services will be billed on a recurring basis, unless full payment
is received for the period of 24 months.
7. AMOUNT OF TRAFFIC TO WEBSITE
The amount of traffic that is available for your website is not
determined by Website Warehouse but by the ISP that provides this
service.
8. DOMAIN NAMES AND DOMAIN NAMES DISPUTES
Website Warehouse will not be held liable for any disputes arising
out of domain name registrations or domain name hosting on behalf
of the customer.
Website Warehouse will not be held liable for any losses or damages
the customer may suffer due to a domain name being reallocated,
transferred or deleted by any Domain Name Authority or ISP.
Website Warehouse will not issue any credits for domain names where
the customer has requested the wrong domain name to be registered.
By submitting a request via email to Website Warehouse, the customer
confirms that the domain name that he/she has requested is correct.
Website Warehouse reserves the right to take ownership of any domain
name upon cancellation by the client should the client not specify
any action to be taken in regards to ownership or transfer of the
domain name.
Website Warehouse will retain the ownership of the domain name in
the event of the client's accounts not being settled in full on
termination of the hosting agreement.
9. CONTRACT TERMINATION
In the event that Website Warehouse at any time reasonably believes
that the customer is in breach of any of the Terms and Conditions
contained in this agreement or is using Website Warehouse services
in an unacceptable manner, Website Warehouse may immediately terminate
this agreement without liability.
Website Warehouse may terminate this contract with 30 days notice
to the customer for any reason or for no reason.
The customer may terminate this contract at any time by giving Website
Warehouse no less than 30 days written notification. Such written
notification can be sent via e-mail by the original contact person,
and must be confirmed telephonically, termination periods and outstanding
amounts can be reduced by the sole discretion of Website Warehouse,
taken in mind given circumstances of customer.
At the time of cancellation notification, the customer shall be
responsible for the entire amount of any outstanding fees due, outstanding
amounts can be reduced by the sole discretion of Website Warehouse,
taken in mind given circumstances of customer.
All goods and services supplied by Website Warehouse remain the
property of Website Warehouse until such goods or services have
been paid for in full. The customer is not entitled to sell or dispose
of any goods unpaid for without the prior written consent of Website
Warehouse.
10. LEGAL AGE/AUTHORISATION
The customer certifies that he/she is of legal age in the country
of his/her residence to enter into this agreement.
Where acting on behalf of a Partnership, Close Corporation, Pty
(Ltd), Ltd, or any other form of company/legal entity, the customer
hereby confirms that he/she has the full permission/authority to
act on behalf said legal entity.
11. AMENDMENTS
Website Warehouse reserves the right to make amendments or changes
to this agreement from time to time without notifying customers.
12. LITIGATION AND ATTORNEY'S FEES
In the event of any dispute arising out of or relating to this agreement,
such dispute shall be resolved in Johannesburg, South Africa. The
customer shall be liable to Website Warehouse for all legal expenses
on the Attorney Client scale of an Attorney and Counsel incurred
by Website Warehouse in the event of (a) any default by the customer
or (b) any litigation in regard to the validity and enforceability
of this agreement. The customer will also be liable for any collection
or valuation fees incurred. The customer agrees that Website Warehouse
shall not be liable to make payment of security into Court in terms
of Section 62 of the Magistrate’s Court Act, as amended. The
customer hereby consents to the jurisdiction of the Magistrate's
Court.
13. ENTIRE AGREEMENT AND SEVERABILITY
This represents the complete agreement and understanding between
Website Warehouse and the customer with respect to the subject matter
herein. In the event that any term or provision of this agreement
is held by a court to be unenforceable, then the remaining provisions
shall remain in full force and effect.
14. ACCEPTANCE OF TERMS
Use of Website Warehouse services constitutes acceptance of the
Terms and Conditions contained in this agreement and any amendments
thereto.
By payment of the initial first payment or payment in full, the
customer acknowledges that he/she has read, understood and agrees
to the above Terms and Conditions.
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