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
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
D. DOMAIN RENEWALS