WEB AFRICA GENERAL TERMS AND CONDITIONS
GENERAL
Full terms and conditions
Terms and Conditions of Use
By using our services, you agree to comply with our Policies and Procedures, including this Acceptable Use Policy (AUP).
You are expected to use the Internet and other networks and services access through the services with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. We expect you to have a basic knowledge of how the Internet functions, the types of uses which are generally acceptable, and the types of uses which are to be avoided. Common sense is the best guide as to what is considered acceptable use.
Illegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted material, violation of export restrictions, harassment, fraud, trafficking in obscene material, child sexual abuse imagery, drug dealing, and other illegal activities.
Web Africa's services and servers may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes a legal threat, or violates export control laws. Examples of unacceptable content or links: "Pirated software", "Hackers programs or archives", "Warez Sites", "Irc Bots", "Illegal Mp3's" etc.
Due to the nature of a shared web hosting environment, Web Africa reserves the right to ask customers to upgrade or correct issues pertaining to upgrade their shared web hosting package, or to correct issues on their shared web hosting package, should it adversely affect the network or server performance for the majority of our hosting customers.
The Web Africa shared web hosting platform is intended for hosting a website with relevant content and function for a personal or small home business without the concern of traffic overages. The use of the service should not be indicative for large scale enterprises or applications where a dedicated server would be more suited.
Web Africa prohibits the use of the shared webhosting service disk space to be utilised for purposes other than its intended function: content hosting, personal and small enterprise email and relevant web files.
The use of shared or dedicated hosting services for hosting torrent boxes and/or running proxies is strictly prohibited. Servers continuously running a risk of supporting these types of services will be disabled and cancelled from our network.
Posting of defamatory, scandalous, violent or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
Any unacceptable use of the services constitutes a material breach of these Terms and Conditions of Use and Web Africa fully and strictly reserves its rights in this regard.
The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. Web Africa reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.
Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following:
Web Africa may, at times with reasonable notice to Customers, revise or amend its current Shared and Dedicated Hosting offerings relating to price, features, traffic allocations and disk sizes.
Web Africa reserves the right to add, delete, or modify any provision of this Policy at any time without notice.
You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services.
We disclaim any and all loss or liability resulting from, but not limited to:
You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
The Account Holder agrees to indemnify and hold Web Africa harmless from any and all Claims resulting from or connected with any activities conducted by the Account Holder. The Account Holder and Web Africa will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement.
The Account Holder agrees not to store, transmit, link to, advertise or make available any images containing pornography through the Virtual Web Hosting service. Web Africa reserves the right to refuse service if any of the content within, or any links from, the Account Holder's website is deemed illegal, misleading, or obscene, or is otherwise in breach of these terms or Web Africa's then current Acceptable Use Policy, in the sole and absolute opinion of Web Africa.
Web Africa will not change passwords to any account without proof of identification, which is satisfactory to Web Africa, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes Account Holder, Account Holder understands that Web Africa will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Web Africa be liable for any losses incurred by Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless Web Africa from any and all Claims arising from such ownership disputes.
The Account Holder agrees to indemnify and hold harmless Web Africa and any other Account Holder from any and all Claims resulting from the Account Holder's use of the services provided by Web Africa. The terms of this Section will survive any termination of this Agreement.
The Account Holder agrees not to harm Web Africa, its reputation, computer systems, programming and/or other persons using Web Africa's services.
The terms of this Section will survive any termination of this Agreement.
You agree that Web Africa may establish limits concerning use of any Web Africa service offered on any Web Africa web site, including without limitation the maximum number of days that e-mail messages will be retained by any Web Africa service, the maximum number of e-mail messages that may be sent from or received by an account on any Web Africa service, the maximum size of an e-mail message that may be sent from or received by an account on any Web Africa service, the maximum disk space that will be allotted on Web Africa's servers on your behalf either cumulatively or for any particular service. You agree that Web Africa has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any Web Africa service. You acknowledge that the features, parameters (for example, the amount of storage available to users) or existence of any Web Africa service may change at any time.
Web Africa reserves the right to select the server for Account Holder's website for best performance. The Account Holder understands that the services provided by Web Africa are provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If the Account Holder's website overwhelms the server and causes complaints from other users, the Account Holder has outgrown the realm of shared servers, and will need to relocate its website. If the Account Holder refuses to comply with this Section, then Web Africa has the right to terminate the services provided to the Account Holder without any refunds of the unused portion prepaid by the Account Holder.
The Account Holder is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Account Holder's account, the Account Holder will be liable for any unauthorized use of Web Africa services, including any damages resulting there from, until the Account Holder notifies Web Africa's customer service.
The responsibility of all passwords and other related sensitive information is assumed by the Account Holder, should any additional fee's arise from resource consumption due to poor credentials (such as, but not limited to blank passwords or "test" accounts) no fault shall be levied on Web Africa
If Web Africa assigns the Account Holder an Internet Protocol address in connection with the Account Holder's use of the Web Africa services, the right to use that Internet Protocol address will remain with and belong only to Web Africa, and the Account Holder will have no right to use that Internet Protocol address except as allowed by Web Africa in its sole and absolute discretion.
This Agreement constitutes the entire agreement between the Account Holder and Web Africa with respect to the Web Africa services and supersedes all prior agreements between the Account Holder and Web Africa.
Web Africa's failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.
In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.
The interpretation and enforcement of this Agreement shall be governed according the laws of the Republic of South Africa (excluding its choice of law rules).
The Account Holder consents to the jurisdiction of the South Africa courts.
The Web Africa services are provided from Cape Town, South Africa, and this Agreement is deemed to have been entered into at Cape Town.
Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery, fax or by email. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested, with all postage and charges prepaid, and shall be deemed to have been received on the 5th Business day after posting. Emails and faxes shall be deemed to be received on the Business Day they are sent if sent before 16h00 on that day or on the next Business Day thereafter is sent after 16h00 on a Business Day or if sent on a non-Business Day.
Web Africa will provide you with an itemised bill or invoice on request or where this is specified as part of the services provided to you.
Accounts are due on invoice presentation date ("Due Date") shown on all invoices received from Web Africa.
Web Africa products and services are not pro-rated with the exception of Adsl lines, Adsl complete and Hosting packages (including Dedicated servers).
Web Africa will provide a service to the purchaser ("the Account Holder"), as chosen by the Account Holder, for the period of time ("the Term") corresponding with the payment plan specific to the Account Holder. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated.
In the event of non-payment of an invoice by the stipulated Due Date, Web Africa reserves the right to hold the customer liable for the total amount due pursuant to such invoice.
Interest of 2% per month may be charged on all overdue accounts.
Web Africa may stop the supply of new services to the customer and/or terminate current services held by the customer if payment of any invoice is not made by the Due Date, or if a petition for liquidation is filed by or against the customer, or if the customer goes out of business or announces intention to do so.
If the supply of new services is stopped or the existing services are terminated in accordance with section 6, the full outstanding balance becomes due and payable immediately.
If the customer pays the amount due in full, the customer may have their existing services re-activated and also purchase new services.
If the customer neglects to pay the amount due in full, Web Africa will submit the full delinquent amount for Collections. In the event of the account being handed over to an outside collection agency, any costs incurred as such will be for the customers’ account.
Web Africa will not be held liable for the loss or suspension of customer services due to non-payment.
In the event of suspension due to non-payment, Web Africa reserves the right to place a "non-payment" page on your domain. Furthermore, the DNS of your domain will remain unchanged until full payment for the outstanding balance on your account has been received.
If the preferred method of payment used by a customer is EFT, it will be the sole responsibility of the customer to ensure their payments are made using the correct beneficiary reference as indicated on all invoicing. Failure to comply may result in an incorrect allocation of the customer payment which may cause service disruption as a result of the account being suspended due to non-payment.
DSL lines that have been suspended for non-payment will be cancelled with Telkom after 30 days, and the customer notified thereof beforehand.
Web Africa only accepts payments via debit order and credit card. Web Africa accepts MasterCard, VISA and AMEX.
A processing fee of R50.00 (Incl. Vat) is charged on all returned debit orders.
The merchant outlet country at the time of presenting payment options to the cardholder is the Republic of South Africa and the transaction currency is South African Rand (ZAR).
Each of Web Africa's web hosting plans comes with a 30 day money back guarantee. If you are not completely satisfied with our services within the first 30 days, you will be given a refund of the contract amount excluding setup fees (if any) and overages. Domain Registrations, Domain Renewals and Dedicated Servers are not refundable.
Web Africa will only refund a customer in the event of their account having a credit balance.
Web Africa will process authorised refunds to customers each Wednesday and Friday.
Cancellations must be done using the Customer Zone.
Please note that by default we require one full calendar month’s notification of non-renewal. If you do not provide this notice, you will be charged the rate stipulated on the relevant product page for the next renewal term. To illustrate, for non-renewal to be effected at the end of May, notice of non-renewal must be received on or before the last day of April. There are no refunds on a la carte services.
Domains are eligible to automatically renew for an additional one year term upon expiry. Renewal notifications will be sent out prior to the renewal, and cancellations may be done before the renewal date.
Definition "A downgrade occurs when changing your current package to a package with a lower cost". Example: Changing from a Home Uncapped 1mbps account at R289 to a Home Uncapped 384kbps account at R189 would be considered a downgrade
Downgrades must be done using the Customer Zone.
We require notification of downgrades on or before the 20th of each month, in order for the downgrade to take effect from the first day of the next month. If you do not provide this notice, you will be charged rate for the existing package in the following month.
The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mind set, without formal proceedings and in accordance with the various dispute resolution procedures provided.
In the event of the dispute not being resolved, please follow the general complaint procedure as stipulated by ICASA for all complaints excepts Billing disputes:
You are required to direct a general complaint to complaints@webafrica.co.za. The complaint is required to be accompanied by the following;
If you are not happy about the outcome of the Complaint you have the right to escalate it to ICASA. If ICASA are not able to resolve the matter it may be referred to the ICASA Complaints and Compliance Committee for adjudication.
Please note that under the ICASA Code of Conduct Regulations 2008 you must give us an opportunity to resolve the matter within the 14 day period before you have the right to escalate your complaint to ICASA.
ICASA can be contacted in the following ways:
Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in South Africa. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.
This Procedure sets out the obligations of Web Africa and the Customer in resolving a Billing Dispute, including the manner in which Billing Disputes should be lodged and how they will be handled thereafter.
Web Africa’s Billing Dispute Handling Procedure is intended to service both the Customer and Web Africa’s interests by setting out clear rules and procedures to be used where Billing Disputes Occur.
"Billing Dispute" means an instance where a Customer states in good faith that their bill contains incorrect charges, payments or adjustments.
"Billing Dispute Notice" means a notice submitted by the Customer in terms of this Procedure.
"Billing Disputes Procedure" and "this Procedure" mean this Billing Dispute Procedure for the initiation and resolution of Billing Disputes.
"Billing Enquiry"means the situation where the Customer seeks information or clarification relating to an Invoice including without limitation seeking clarification of charges or sources of usage. For the avoidance of doubt, this is not a Billing Dispute.
"Business Day" means any day other than a Saturday or Sunday or a public holiday observed as such in the Republic of South Africa;
"Complaint" means an expression of dissatisfaction or grievance made by a Customer, but does not include a request for information. A Complaint is not a Billing Dispute.
Any charge recorded on an Invoice (the subject of a Billing Dispute) which is not submitted in accordance with this Procedure is payable in full to Web Africa by the Due Date of the Invoice.
For the avoidance of doubt the parties acknowledge and agree that:
Please note that Web Africa will not entertain any Billing Dispute based on unauthorised use of the services or on unauthorised use of the services by a third party, it being your responsibility to safeguard access to the services which you receive and to use them in the manner set out in the terms and conditions applicable thereto.
As a current or prior Customer of Web Africa, you agree to allow Web Africa to attempt settlement of any Billing Dispute for 14 Business Days before raising a dispute with any third party, credit card company or bank. Web Africa requires and you agree that it be the first option in Billing Disputes. Should Web Africa receive a chargeback or other reversed charge from a third party, Credit Card Company or bank on your behalf before Web Africa has been given a chance to resolve the issue, Web Africa has the right to collect on the rendered services and any fees associated with those disputes.
Not all Billing Disputes may be settled to a customer's satisfaction. Once this Procedure has been exhausted, a Customer may use any third party, Credit Card Company or bank in an attempt to settle the dispute. However, Web Africa still retains the right to collect on any rendered services or fees that are due. Should Web Africa be unable to reverse any disputed amounts with a third party, Credit Card Company or bank, Web Africa will submit the full delinquent amount for Collections.
You may only withhold payment of a Disputed Amount where Web Africa receives a valid Billing Dispute Notice relating to such Disputed Amount at least 5 Business Days prior to the Due Date recorded on the relevant invoice.
A Billing Dispute can only be validly initiated through the submission of a valid Billing Dispute Notice using the Customer Zone.
The Billing Dispute Notice should clearly set out:
Under the ICASA Code of Conduct Regulations Web Africa is required to acknowledge receipt of your complaint within 3 Business Days.
Web Africa shall provide a response to the Billing Dispute Notice within 14 Business Days, which response shall take one of the following forms:
If the Customer is not satisfied with Web Africa’s response under section 71 of the Billing Dispute Procedure then the Customer must notify ("SM Request") Web Africa within 3 Business Days of receiving Web Africa’s response that the Customer wants the matter referred to Senior Management ("SM"). Subject to the Customer complying with this clause 72 of the Billing Dispute Procedure, both parties agree:
If stipulated under Web Africa’s response under section 71 or where SM agree on a resolution or reach a decision under section 72 that the Customer must make payment of a Disputed Amount, the Customer must within 5 Business Days of the date of the determination pay the Disputed Amount.
If stipulated under Web Africa’s response under section 71 or where SM agree on a resolution or reach a decision under section 72 that Web Africa must withdraw the disputed charge or refund a disputed charge previously paid, Web Africa must as soon as practicable:
Where a resolution or determination is made in accordance with clauses 74.1 or 74.2 then, subject to either party meeting the payment obligations specified in such resolution or determination, the Billing Dispute will be deemed to be resolved and Web Africa will have no further obligations in relation to the Billing Dispute.
Web Africa will not disconnect a service provided to you which is the subject of a Billing Dispute or take adverse collection procedures or impose late payment penalties or charges while attempting to resolve a Billing Dispute lodged in terms of this Procedure and until such time as Web Africa has reached a determination and communicated this to you.
We reserve the right, however, to take such measures immediately:
Subject only to the above, the rights and obligations of each party under the Billing Dispute Procedure continue pending resolution of a Billing Dispute invoked under this Billing Dispute Procedure. For the avoidance of doubt this includes that Web Africa shall continue to have the right to terminate or suspend the service in accordance with Web Africa’s rights under the agreement that you have with Web Africa.
Should you wish to dispute an overage charge you may do so by following the Billing Dispute Procedure and requesting an overage investigation.
Should, however, the overages be accurate (within a 5% margin) a once off charge of R150.00 per domain/server will be applied to the Customer's account.
Should you wish to dispute realm charges you may do so by following the Billing Dispute Procedure and requesting a realm investigation.
Should, however, the realm charges be accurate (within a 5% margin) a once off charge of R150.00 per realm will be applied to the Customer’s account.
Should you want a reconciliation done on your account, you may request one by following the Billing Dispute Procedure.
Should however the reconciliation prove the account to be accurate (within a 5% margin), a once off charge of R150.00 per reconciliation will be applied to the Customer’s account.
If you are not happy about the outcome of the complaint you have the right to escalate it to ICASA. If ICASA cannot resolve the matter it may be referred to the ICASA Complaints and Compliance Committee for adjudication.
Web Africa may include the Account Holder's name and contact information in directories of Web Africa's service subscribers for the purpose promoting the use of the services by additional potential customers. However, Web Africa is not authorized to print the Account Holder's name, trademarks or other identifying information in any other advertising or promotional materials without the prior written consent of the Account Holder.
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