Terms and Conditions

Terms & Conditions
1. Interpretation

1. “Acceptable User Policy (AUP)” means SybaWeb’s AUP available on www.sybaweb.com or provided directly to User on demand.’
2.  ‘Agreement’ means these terms, conditions and policies, and includes any other terms, conditions or policies that SybaWeb may from time impose or update on the website www.sybaweb.com.
3. ‘Assignment’ means to delegate an IP ( ‘Internet Protocol’) address block given by SybaWeb to a User for specific use within the internet infrastructure they operate.
4. Effective Date’ means the date on which SybaWeb activates the service.
5. ‘Notice and Take-down Procedure’ means SybaWeb’s Notice and Take-down Procedure available on www.sybaweb.com or provided directly to User on demand.
6. ‘Privacy Policy’ means SybaWeb’s Privacy Policy available on www.sybaweb.com or provided directly to User on demand.
7. ‘RICA’ means the Regulation of Interception of Communications and Provision of Communications-Related Information Act, 2003, including any amendments thereto.
8. ‘Service(s)’ means any of the service offerings provided by SybaWeb, and as more fully described at www.sybaweb.co.zaor upon request from SybaWeb directly.
9. ‘SybaWeb’ means SybaWeb Pty Ltd and may, at SybaWeb’s election, also refer to its appointed agents, suppliers of services and service providers.
10. ‘User’ means the party who has purchased or subscribes to a Service/s from SybaWeb and includes any user of those Services.

2. The Contract

The following are the terms and conditions applicable in subscribing to a SybaWeb Service.
SybaWeb sells and the User purchases the Service on a subscription basis, or alternatively on such settlement terms as have been agreed in writing elsewhere between SybaWeb and the User. In subscribing to or purchasing this service the User has signified its agreement to be bound by all of these terms and conditions without qualification.

3. User Responsibility

The User warrants as at the Effective Date that all the details it has furnished are true and correct and that they will notify SybaWeb forthwith in the event of any change to such details. In terms of the mandatory requirements of RICA, the User is required to provide SybaWeb with an original copy of its Identity Document or Company registration papers, as the case may be, in person to the offices of SybaWeb so that SybaWeb can verify same in order to achieve compliance with the relevant acts. The User recognizes that without compliance with these legal requirements, SybaWeb is prohibited from providing the User with the requisite Service.

In the case of the provision of a connectivity Service, the User acknowledges that upon subscribing to the Service, SybaWeb will issue the User with a username and password. The username(s) and password (s) provided by SybaWeb will be used by the User for its personal use only. The User accepts that it is the responsibility of the User to ensure that such username and password is used only by the User and to maintain the confidentiality and secrecy of those details.

SybaWeb accepts no responsibility for any losses or breach of confidentiality that may arise as a result of a breach of those details. In the event that the Users password is compromised the User undertakes to immediately notify SybaWeb to effect a change.

The User is responsible for the actions of anyone, including any minor to whom they may provide or allow access, to Services provided to them. Accordingly the User will ensure that anyone who uses the Service(s) are made aware of and comply with these terms and conditions.

The User agrees irrevocably that it will not permit or initiate a simultaneous log ‘ in, nor will the User attempt to circumvent the SybaWeb user authentication processes or attempt to gain unauthorized access to SybaWeb’s network.

In the case of domain registration, transfer and renewal it is User’s responsibility as authorized owner and notified party of the domain to initiate the instructions on the domain and, in the case of transfer of a domain, to issue instructions to the transferring domain host. SybaWeb will act on User’s instructions.

4. Acceptable Usage

User acknowledges that there are generally accepted internet and e-mail etiquette and behavioural rules, as contained in the SybaWeb Acceptable User Policy (‘AUP’), and that it has read understood and agrees to be bound to the terms of said AUP and any amendments made to them from time to time. User hereby indemnifies and holds SybaWeb harmless from liability in respect of any loss or damage of whatever nature caused as a result of any violations of such policies by the User.

1. The User undertakes that it will abide by all applicable laws, local and international, governing usage of the Service, including but not limited to those relating to the electronic transmission of data and SybaWeb’s intellectual property rights. Should the User engage in any practice that amounts to a breach of the AUP, SybaWeb, at its sole discretion, will be entitled without prejudice to any other rights that it has;

1. To suspend the Service without due notice,
2. To terminate this Agreement with immediate effect,
3. To bill the User for any costs incurred and, notwithstanding
4. SybaWeb’s Privacy Policy, to disclose any information relating to the User, whether within the public domain or not, to all persons affected by the User’s actions.

5. Privacy Policy and Confidentiality Issues

SybaWeb respects its Users privacy and the privacy of those accessing its website, or those websites hosted by SybaWeb. SybaWeb undertakes to protect the confidentiality of its customers and Users including the personal data supplied by its Users in the course of contracting with SybaWeb. SybaWeb undertakes not to sell the User’s personal information to third parties for commercial or marketing purposes.

This notwithstanding, User acknowledges that it has read, understood and agrees to be bound by the terms of SybaWeb’s Privacy Policy and accordingly accepts that there could be circumstances where SybaWeb may be called upon to disclose personal information for the reasons provided in that policy, including but not limited to those contained in clause 4 above.

6. Security

The User undertakes that it will not tamper with or utilize the service, servers or networks provided by SybaWeb in any manner whatsoever which may compromise the security of those Services, servers or networks. To ensure the security and reliable operation of the Service, servers or networks provided by SybaWeb, SybaWeb reserves the right to take whatever action it deems necessary to preserve the security and reliability of SybaWeb’s network and the reliability of its service and the security of its other clients and service providers.

7. Limited Liability

SybaWeb does not warrant that the Service will be free of interruption or error free nor does SybaWeb make any warranty as to reliability nor as to accuracy of the content or information contained in or through using SybaWeb’s Services, or any merchandise purchased through SybaWeb, or any processes activated by or through SybaWeb unless expressly stated by SybaWeb in writing.

1. SybaWeb makes all reasonable endeavours to offer a reliable and uninterrupted Service however SybaWeb will not be held liable to the User, or any third party, for any damage incurred directly, indirectly or consequently, for whatever reason whatsoever or howsoever arising, specifically but not limited to the following circumstances:

1. Through service interruption, the unavailability of the service or use of the service.
2. For any direct, indirect, consequential or incidental or special damage or loss flowing from business interruption, loss of business information or of data, of profit, of revenue, of goodwill or anticipated savings, of property or for any other cause whatsoever.
3. For any loss or damage to any of the User’s hardware, software applications or for unauthorized actions taken on the Service, servers or networks provided by SybaWeb.
4. For losses caused by the negligent act of SybaWeb or those of its employees.
5. For any losses regardless of whether a claim arises in delict, as a result of breach of contract or any implied warranties or whatever reason and whether foreseeable or not.
6. For any losses occasioned through the User’s failure to comply with any provisions of this Agreement or with any of the requirements which are imposed.
7. For the loss of a domain due to late payment by the client.
8. For loss of a domain due to late registration.

SybaWeb is not responsible for the forwarding of email sent to any account which has been suspended or terminated. Such email will be returned to sender, ignored, deleted, or stored temporarily at SybaWeb sole discretion.

Furthermore, while SybaWeb will use reasonable endeavours to ensure the safekeeping of the User’s data uploaded on to its servers, it remains the User’s sole responsibility to keep copies of its data which can include but not be limited to websites, photographs, email messages and documents (‘data’). SybaWeb will not be held liable for indirect or direct loses or damages sustained by the User as a result of losses of Users data in whole or in part, including its own negligence or that of is employees.

Accordingly while SybaWeb will endeavour to restore Users lost data on request it cannot be held liable whatsoever should the restore not be successful in part or in its entirety, or up to date, and the undertaking of an attempt to restore will not be an admission of liability on the part of SybaWeb so as to contradict the limitation contained in this Agreement.

8. Indemnity

The User hereby unconditionally and irrevocably indemnifies SybaWeb and agrees to hold SybaWeb harmless from all loss, damages, claims and /or costs of whatsoever nature suffered or incurred by SybaWeb or instituted against SybaWeb as a direct, indirect or consequent result of User’s use of the service, User’s failure to comply with the terms of this Agreement or any requirements of SybaWeb from time to time and any unavailability or interruption of the Service as contemplated above. In particular User indemnifies SybaWeb in respect of any loss or damage action claim, suit or proceeding against SybaWeb by any person arising out of the use of or reliance on the Service by the User including but not limited to the transmission of fraudulent and or illegal material.

9. Spam and virus protection

The User is urged not to reply to unsolicited mail (‘spam’) or to click to unsolicited links provided in the unsolicited mail. Should the User do so the sole responsibility of doing so rests with the User as well as any resultant placing of the User on a bulk mailing list.
SybaWeb uses third party software to scan incoming mail for viruses and unsolicited bulk email or spam and accepts that SybaWeb will not be held liable for any loss of data or income due to a virus infection or email that is incorrectly classed as SPAM, but is not.

1. SybaWeb reserves the right to block mail addresses, domains, ip numbers and net blocks of IP numbers should services originating from mail addresses, domains, IP numbers or net blocks cause any one or more of the following;

1. degradation of SybaWeb’s Services;
2. an annoyance to other members of SybaWeb’s user base;
3. compromising of the integrity of SybaWeb’s security;
4. violation of the laws governing South Africa;
   and in such event will not be held liable for such blocking.

Although SybaWeb takes every effort to ensure that both incoming and outgoing viruses are trapped when traversing its mail server, SybaWeb cannot be held liable in any manner whatsoever for any loss of data or damage as a direct or indirect result of viruses not being intercepted.

10. Payment

The User acknowledges that it is solely responsible for all payments charged for the Service(s) and the entire amount outstanding on User’s SybaWeb account will be deemed to result from User’s use of the Service(s) and to be for its account.

Payment is due on presentation of invoice. Billing is done monthly in advance. SybaWeb reserves the right to suspend the Service if payment is not received. A once- off reactivation charge of R 300 (Three Hundred Rand) will be charged to reactivate the account. Services will be suspended immediately and not re- instated until the amount due, together with the reactivation charge, is paid.

Users are required to give one calendar months written notice when terminating a Service be it on debit order or invoice. A Service can only be cancelled by sending an email notification to accounts@sybaweb.com . On the cancellation notice the User, in the case if a private individual, must include its name and ID number and a list of all the Services that it would like to cancel. In the case of a company, the company’s registration number and the authority of the person requesting the cancellation must be given on a company letterhead together with a list of all the Services that are being requested to be cancelled.

The User acknowledges that initial set-up fees and, where appropriate the undertaking of an audit by agreement of Users servers, networks and service requirements is non- refundable and that it constitutes a once ‘ off payment. In the case of an audit, these costs are due irrespective of whether the User decides to engage the services of SybaWeb thereafter to implement the audit recommendation in part, full or at all.

Any hardware purchased on behalf of User is strictly cash on delivery and remains the property of SybaWeb until payment is received in full. Hardware warrantees will be as per manufacturer’s warranty and SybaWeb makes no separate warranty or guaranty in that regard nor does SybaWeb warrant that the goods purchased will be suitable or compatible for the purposes for which User wishes to acquire them.

Any hardware or software leased by SybaWeb to User ( the ‘leased items’ ) remains the property of SybaWeb at all times and User accepts that User is responsible for returning all such leased items on termination of said lease and, or, termination of User’s agreement with SybaWeb. Accordingly it is a condition of lease that liability for the rental thereof will remain due by User to SybaWeb even after the termination of the agreement until the leased item(s) are returned in good order to SybaWeb. This condition will supersede any rights that User may have to terminate the agreement.

11. Domain registration, domain set up, web sites and hosting

SybaWeb refers Users to the specific terms and conditions governing the hosting of domains, domain set up, web sites and hosting which are incorporated in this Agreement by reference and are available on www.sybaweb.com or alternatively, on demand from the offices of SybaWeb.

12. IP Assignment Terms

1. Users to whom IP blocks have been assigned, acknowledge and warrant that assignments will only be made by SybaWeb to Users for specific purposes documented by specific organisations and are not to be sub-assigned to other parties.
2. Users acknowledge and warrant that IP address space assigned to them will be distributed according to actual need and on the basis of immediate use and that stockpiling of address space and maintaining reservations is strictly prohibited.
3. SybaWeb reserves the right at any time to reassess/shrink or withdraw the allocation based on lack of utilisation or non-compliance with any of these terms and conditions.
4. User acknowledges that all assignments are done under the auspices and in terms of the policies pertaining to the relevant RIR (‘Regional Internet Registry’), AFRINIC, available at http://www.afrinic.net, which policies are binding on SybaWeb and, in turn, hereby passed on to the User who binds itself thereto irrevocably.

13. Communications, newsletters and other notifications and advices

The User agrees to accept notifications sent by SybaWeb of operational changes, system changes and performance issues, notifications of special offers of new offerings, newsletters and announcements.

14. Minors

SybaWeb will not enter into a Service subscription contract with a minor unless such minor has explicit written consent from a parent or guardian to do so. SybaWeb undertakes not to contract minors about promotional offers or for marketing purposes without parental consent.
Where the User has authorized a minor to use any of SybaWeb’s Services or to access websites, the User accepts that as parent/ legal guardian of that minor, the User accepts full responsibility for the online conduct of the minor, their access to and use of the websites or Services and the consequence of any misuse by the minor, including but not limited to transactions entered into by the minor using such access.

15. Breach

1. Should the User be in breach of any terms of this Agreement, SybaWeb shall be entitled without prejudice to any other rights it may have without notice to you to forthwith:

1. Claim immediate payment of all outstanding amounts payable in terms of this agreement.
2. Suspend the User’s use of and access to the Service.
3. Terminate this Agreement and retain all amounts already paid by the User and recover all costs incurred, if any, by SybaWeb including without limitation, legal costs on an attorney client scale.

16. Jurisdiction

The User hereby irrevocably consents to the jurisdiction of the Magistrate’s Court in terms of Section 28 of the Magistrate’s Court Act of 1994, provided that SybaWeb shall, should it so elect, be entitled to institute proceedings by way of Arbitration.

17. Notices and Domicilium

The parties choose as Domicilium citandi et executandi (‘domicilium’) for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from this Agreement at:

SybaWeb: 23 Draper Square, Draper Street, Claremont 7708, South Africa.
The User: The physical address provided by the User when subscribing for the Service.
The User agrees that any notices sent in terms of this Agreement may be sent via email.

18. Duration

Unless agreed otherwise with the User in writing, this Agreement will commence on the Effective Date and will endure for an indefinite period, subject to the right of either party to terminate this Agreement by means of 1 (one) calendar months prior written notice to such effect to the other party. Upon termination of this Agreement, any outstanding amounts remain payable and have to be settled within thirty (30) days of termination.

19. Indulgences
No time extension or any other indulgence(s) which SybaWeb may grant the User shall constitute a waiver of any of SybaWeb’s rights and nor shall SybaWeb be precluded thereby from exercising any past or future rights against the User.

20. Whole Agreement

This Agreement constitutes the whole agreement between the parties hereto relating to the matters dealt with in this Agreement and save to the extent otherwise provided herein no representation, terms or conditions relating to the subject matter of this Agreement not incorporated in this Agreement shall be binding on any of the parties. No variation, addition, deletion, cancellation ,including to this clause, will be of any force or effect unless reduced to writing and signed by the parties hereto or their duly authorized representatives.