Domain Hosting, Website Design and Maintenance Terms and Conditions
This agreement is between Sybaweb and the Company or natural person as specified above, hereafter referred to as 'the User'. Sybaweb shall provide the service(s) indicated above and the User agrees to be bound without qualification to the terms as set out hereunder.
1. General Sybaweb Terms and Conditions
Users of this service(s) are referred to Sybaweb's standard terms and conditions ('the Terms and Conditions') which are available at Terms and Conditions , or on request. The User is deemed to have read, understood and agreed to the Terms and Conditions as well as the policies included therein. In cases where there is a conflict between these conditions and the Terms and Conditions, these specific terms will prevail.
2. Payment of Fees
- Monthly fees due to Sybaweb are due and payable on the 1st day of each month, payable monthly in advance.
- Domain Registration will only occur once payment is received. User acknowledges that the initial set-up fees include domain name registration fees and are non-refundable and that they constitute a once-off payment subject to certain renewal charges.
- Accounts will be disabled and a R300 reactivation fee will apply if an amount falls 30 days overdue. Sybaweb reserves the right to remove User's web pages and advertisements from viewing on the Internet until the account is paid in full. In the case that collection proves necessary, the User agrees to pay all fees incurred by that process.
- Website Development on the following schedule: A 50% non refundable deposit is payable upon signing this contract, the balance is payable when the web pages have been constructed according to the User's original written specifications, unless otherwise noted on the attached order form.
3. Accessibility of Information
The User acknowledges that the Internet is neither owned nor controlled by any one entity; therefore, Sybaweb can make no guarantee that any given reader shall be able to access the User's web pages at any given time. Furthermore, the User acknowledges that there may be periods of site downtime due to reasons beyond Sybaweb's control, or due to equipment upgrades, and that these periods are not compensated. Sybaweb agrees to make every good faith effort to ensure that sites running on its web servers experience the least amount of downtime and are available to as large an Internet viewing audience as possible.
4. Duration and Cancellation
This contract is for a period of 12 months from effective date, thereafter it may be cancelled upon one calendar month's notice which request must be forwarded in writing by the User, in the case of a company on the User's company letterhead and signed by someone with authority. All cancellations shall be effective as at the last day of the month following the receipt of the cancellation request. Cancellation will not be accepted in the case where there are any amounts outstanding and due to Sybaweb in which event the User must first settle all indebtedness to Sybaweb before the cancellation request becomes effective. For the avoidance of doubt, User's domains will not be released until such time as all indebtedness has first been settled by User to Sybaweb.
Sybaweb makes no warrantee or representation of any kind, whether express or implied as to the service they are providing. Sybaweb also disclaims any warrant of merchantability or fitness for any particular purpose and will not be responsible for any damage that may be suffered by the User, including loss of data resulting from delays, non-deliveries or service interruptions or from any cause whatsoever or errors or omissions on the part of the User. Use of any information obtained through Sybaweb is at the User's own risk and Sybaweb specifically denies any responsibility for the accuracy or quality of information obtained through its services. Any reference to connection speed represents the estimated speed of a connection, does not represent guarantees of available end to end bandwidth.
Sybaweb may terminate the service(s) under this agreement at any time, without penalty, if the User fails to comply with these terms or those contained in the Terms and Conditions and policies referred to therein. Sybaweb reserves the right to remove the User's web pages from Internet viewing and to disconnect the server, if applicable, and reactivation fees will apply.
B. WEBSITE DESIGN AND MAINTENANCE
The User is engaging Sybaweb for the specific project of designing, developing and/or improving a world wide web Internet Site to be installed on Sybaweb's web servers. The User hereby authorizes Sybaweb to access this account, and authorizes Sybaweb 'write permission' for the User's web page directory, CGI-bin directory, and any other directories or programs, which need to be accessed for this project.
2. Content and Usage
The content of the web pages will be supplied by the User and executed as specified by the User. The User acknowledges that Sybaweb exercises no control whatsoever over the content of the material hosted on, or the information passing through Sybaweb's web servers. The User is solely responsible for any legal liability arising out of or relating to the web site or any advertisement on the website, any material to which users can link through the web site or any advertisement or tracking devices to which users are linked through the website. Sybaweb does not warrant that the functions contained in these web pages or the Internet web site will be uninterrupted or error-free. The entire risk as to the performance of the web pages and web site is with the User.
Sybaweb is not in a position to monitor the content of the sites that it hosts but will endeavour to take the appropriate action should it be brought to Sybaweb's attention that any sites hosted by it contain any material which is considered unlawful or disallowed under our terms of service. This includes but is not limited to use of the website in connection with unauthorised distribution of copyrighted material, fraud, sale of counterfeit products, distribution of software designed to defeat computer security ('exploits'), hate speech or in connection with any activity in contravention of the laws of the Republic of South Africa. Sybaweb does not authorise the use of its services for hosting of adult-oriented websites or IRC servers. Sybaweb reserves the right to determine what material it will host, including any period after the material has been posted on Sybaweb's servers. Should the User not conform to Sybaweb's request to remove or suitably modify the material so as to satisfy the requirements of Sybaweb within a reasonable time period, Sybaweb may cancel the agreement.
3. Changes to the Site
The nature of the work is understood to be continually in progress and may change frequently, however, all changes to the site after the initial construction are considered 'updates' and will be billed at the current rate, unless a written agreement specifies other terms. Initial construction is complete upon approval of site proof by the User. Additions to the initial order will be billed at current rates.
4. Completion Date
Sybaweb and the User agree to work together to complete the Web site expeditiously. The User agrees to supply necessary site content and information on time. Sybaweb agrees to strive to complete the web site within period quoted as per quote from date User supplies all their information necessarily for completion of their website.
The User represents to Sybaweb an unconditional guarantee that all elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Sybaweb for inclusion in web pages are owned by the User, or that the User has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Sybaweb from any claim or suit arising from the use of such elements furnished by the User.
6. Ownership of Web Site
Sybaweb retains ownership of the site's pages until the total project cost has been paid in full. Sybaweb retains the intellectual rights to all hypertext mark-up language (HTML), computer programming, and allows Client to use and replicate the HTML coding for its own lawful purposes. Rights to photos, graphics, and CGI and JAVA programming remain the property of their respective owners. User retains ownership of domain names registered through InterNic (US) or Uniforum (SA) or other Network Information Centres.
C. DOMAIN HOSTING
- Sybaweb registers domains on the Internet through the relevant governing bodies and host Web-sites and related material on the Users behalf. It is specifically understood by the User that in doing so Sybaweb have not and do not conduct a registration search prior to registering the domain in respect of User's domain name and is therefore under no obligation to advise the User of possible conflicts with third party rights or to take steps on User's behalf concerning a third party's alleged intellectual property rights. In this regard, the User confirms to Sybaweb that the use or registration of the domain name by the User does not interfere with nor infringe the rights of third parties, intellectual property or any other rights whatsoever and User indemnifies Sybaweb against any claim, including legal action, by a third party for breach of intellectual or other rights. Sybaweb will not be held liable in domain name disputes or any other disputes or problems or renewals related to User's domain name; responsibility solely belongs to the User. Accordingly User indemnifies Sybaweb against any loss whatsoever arising from any dispute or claim occasioned by the User's use and registration of its selected Domain Name, even if the User has advised Sybaweb that there may be a possibility of such damages.
- Sybaweb will set up a virtual domain and maintain it for the User. Additional tech support will be billed at current rates. The User will host web pages on the Sybaweb Domain and Server at rates specified in the accepted quote form, duly attached. Sybaweb will handle domain-name registration on behalf of the User, and fees will be paid directly to the appropriate Domain Name Registrar for the first year. Thereafter the User will advise Sybaweb should they wish Sybaweb to renew a domain name on their behalf and payment therefore must be made by User prior to Sybaweb renewing their domain.
- The Web Hosting Package includes a specified amount of traffic thereafter an additional cost per MB transferred or served will be charged.
- All forms of 'Deep Linking' or URL obfuscation are prohibited unless written permission is given. Sybaweb does not provide SMTP mail services by default with any hosting packages. These are available on request at an additional charge. Sybaweb reserves the right to suggest suitable alternatives to the User and /or charge for excessive traffic as it deems necessary at its sole discretion. It also reserves the right to suggest suitable alternatives to the User client for excessive Web Sever Processor usage as it deems necessary at its sole discretion.
- The User confirms that it will not use Sybaweb's servers for any form of bulk emailing without the express written agreement from Sybaweb.
- Sybaweb is bound by industry codes of conduct to report any attempt to use Sybaweb servers for the facilitation or traffic of spam or any for of unsolicited emails. Consequently Sybaweb will not countenance the abuse of its servers for spamming purposes and reserves the right to immediately suspend the website and to take any other punitive action it deems appropriate against the User.
- Individual mail sent to Users Pop3 box or forwarded to User's existing email address may be limited to 16mb in size.
- Sybaweb reserves the right (but does not assume the obligation) to inspect the contents of data that the User transmits, receives or stores on Sybaweb's servers to ensure compliance with these terms and any applicable laws, regulations or codes of practise. Sybaweb also reserves the right to disclose the contents of data that the user transmits, receives or stores on Sybaweb's servers to the police or other law enforcement authorities if Sybaweb is requested so to do by said authorities or deems that there may have been a potential breach of any laws, regulations or codes of practise necessitating such action.
- The User accepts that Sybaweb may be presented with evidence in the form of a complaint that a domain name registered by the User violates the right of a third party. In such circumstances Sybaweb will be entitled to pass on the User identity and particulars so that the complainant can resolve the matter with the User. Until directed by the User or a competent court, The User acknowledges that Sybaweb will not be liable for any loss of use, interruption of business, or any direct, special, incidental, or consequential damages of any kind (including loss of profits), regardless of the form of action, whether in contract, delict, or otherwise which may be suffered as a result of or which may be attributable, directly or indirectly, to the use and or registration of the User's selected domain name(s).
- Sybaweb will not respond to any request to transfer a domain from Sybaweb unless it receives express instructions from the User/Owner of the domain.
D. DOMAIN RENEWALS
- Sybaweb registers all domains in the name of the User. Accordingly Sybaweb will insert User's email address as Registrant with the Registrar so that all notifications of renewal will be automatically notified to the User.
- The onus on renewal and transfer of the domain remains with the User as authorised owner of the domain.