Terms

Last updated: 9 December 2011

Any agreement regarding hosting or email services is between UNI WEB SERVE CC (UNI WEB SERVE) and the on-line individual or entity who is applying for Web Hosting Services, (THE CLIENT). THE CLIENT acknowledges that all information submitted is true and correct.

1. PROVISION OF SERVICES AND ACCEPTANCE OF TERMS. UNI WEB SERVE agrees to provide web site hosting services to THE CLIENT, subject to the following terms and conditions. Use of UNI WEB SERVE's services constitutes acceptance of the terms and conditions contained in this agreement and any amendments thereto.

2. CONTENT LIABILITY AND INDEMNIFICATION. THE CLIENT acknowledges that UNI WEB SERVE does not regulate or take any responsibility for the content of its page or for the security of THE CLIENT's password. THE CLIENT warrants that it has all rights necessary to lawfully submit any information or materials that it is passing on to UNI WEB SERVE, including all intellectual property rights. THE CLIENT agrees to indemnify UNI WEB SERVE against actions brought by a third party as a result of such material or information, or as a result of THE CLIENT's use in any way of the services provided by UNI WEB SERVE.

3. CONTRACT TERMINATION. In the event that UNI WEB SERVE at any time reasonably believes that THE CLIENT is in breach of any of the terms and conditions contained in this agreement or is using UNI WEB SERVE services in an unacceptable manner, then UNI WEB SERVE may immediately terminate any services to the client without liability. THE CLIENT may terminate this contract at any time by notifying UNI WEB SERVE. At the time of notification, THE CLIENT shall be responsible for the entire amount of the most recent statement and any excess usage charges at the time of termination. Provision of false contact information is grounds for immediate termination.

4. WARRANTIES AND GUARANTEES. UNI WEB SERVE makes no warranties or guarantees of any kind, whether express or implied, for the services to be provided. THE CLIENT agrees that UNI WEB SERVE shall not be liable for any losses or damages of any kind to Customer, including, but not limited to, those that may result from service interruption delays or non-deliveries. UNI WEB SERVE makes no warranties regarding its ability to recover lost data regardless of how or why the data was lost.

5. BILLING POLICY. Accounts 30 days past due are subject to a 28.5% penalty interest at the discretion of management and may be subject to cancellation which will result in deletion of all of THE CLIENT's files, including email, backups, databases and domain name. UNI WEB SERVE will issue invoices by fax, email or conventional mail. UNI WEB SERVE is not a VAT vendor.

6. PAYMENT. The monthly hosting fees are payable in advance by the 28th day of each month, unless by prior arrangement. Clients who default on payments or regularly pay late may, at UNI WEB SERVE's discretion, have their services suspended without notice. A re-connection fee of R250 applies, and needs to be paid along with all outstanding amounts before reconnection occurs. No claims will be entertained for domain names which are lost or have expired due to non-renewal during the period of suspension.

7. CREDIT. Credit cards and debit cards are accepted. Deposits or incremental payments may be requested at any time at UNI WEB SERVE'S discretion (applies to ongoing web development work).

8. SUSPENSION OF ACCOUNTS. No notice will be issued of UNI WEB SERVE's intent to suspend a site if THE CLIENT is in breach of payment or any of the terms of this agreement. UNI WEB SERVE will not be held responsible for any damages, losses or claims as a result of a site being suspended. Accounts 2 months in arrears will be suspended if not paid along with all outstanding accounts by the end of the most recent invoicing month. UNI WEB SERVE reserves the right to suspend the accounts of frequent late payers earlier than the two month period, at its own discretion and without notice to the client. Suspended sites will be charged a R250 reconnection fee which is payable upfront, and needs to be paid along with all outstanding amounts before reconnection occurs. Expired domains and/or domains that have entered redemption will require a fee as set by the registrar plus a UNIWEBSERVE admin fee to restore. There are no guarantees that expired domains can be renewed and UNIWEBSERVE is not liable for any loss or damage, direct or indirect, incurred as a result thereof.

9. DATA RECOVERY AND BACKUPS. UNI WEB SERVE shall make every reasonable effort to protect and backup data for THE CLIENT on a regular basis. THE CLIENT will be charged R310 per hour for the recovery of data or the installation or re-installation of components but does not guarantee the condition or availability of the data. Data retrieval from archives is a set fee of R150. UNI WEB SERVE is not responsible for files lost or damaged by users. Client-maintained backups of all site files are recommended.

The backup service runs each week and overwrites any older backups. The client takes full responsibility for data transferred and for maintaining backups of their files and data stored on our servers.

Any websites exceeding 20GB in size or exceeding 100 000 inodes will no longer be backed up in entirety; rather, just the databases will be backed up. A web page, image file or email uses up one inode each. All data will still be mirrored to a secondary drive in case of HD failure or malfunction.

10. CONTENT MANAGEMENT SYSTEMS (CMS). The client is solely responsible for the safety of their password. If a client loses or changes their CMS password after being granted administrative control, UNI WEB SERVE may at their discretion charge R310 per hour for resetting the password, recovery of data or the installation or re-installation of components. Sometimes these passwords cannot be recovered and the only option is to re-install the CMS and back up the most recent files.

11. AMENDMENTS. UNI WEB SERVE reserves the right to make amendments or changes to this agreement from time to time. The client is responsible for visiting the UNI WEB SERVE site regularly to see if there are changes in the terms.

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 CAPE TOWN, South Africa and the prevailing party in any such dispute shall be entitled to reasonable costs, including collection costs and attorney's fees.

13. PRIVACY. UNI WEB SERVE may provide aggregate statistics about our customers, sales, traffic patterns and related site information to reputable third-party vendors, but these statistics will not include any personally identifying information. UNI WEB SERVE may release account information when we believe that such release is necessary to comply with law, enforce or apply the terms of any of our user agreements or protect the rights, property or safety of UNI WEB SERVE, our users, or others.

14. UNI WEB SERVE shall not be responsible and disclaims all liability for any loss, liability, damage (whether direct or consequential) or expense of any nature whatsoever which may be suffered as a result of, or which may be attributable, directly or indirectly, to the use of or reliance upon any information, links or service provided through this web site.

15. Spam - Sending unsolicited commercial email, cross-posting messages to large numbers of usenet groups, posting obscene or threatening messages while using or referring to a UNI WEB SERVE email address or website URL is strictly prohibited. The use of UNI WEB SERVE servers as a mail drop for responses to activities described above is also prohibited. Security attempts to manipulate UNI WEB SERVE servers or client websites are prohibited. This includes, but is not limited to, attempting to gain unauthorized access to UNI WEB SERVE servers, mail bombing, or other means of deliberately overloading systems.

16. System Abuse and Resource Usage - Includes, but is not limited to, excessive use of CPU resources or disk space, installing IRC bots, file sharing or chat systems, CGI scripts sharing with domains outside of UNI WEB SERVE, or other CGI scripts that use a disproportionate amount of system resources. UNI WEB SERVE will determine what constitutes system abuse.

a) Users may not use more than 25% of system resources for more then 90 secs at a time.
b) Users may not run unattended, standalone serverside processes on the server, including daemons such as IRC.
c) Users may not operate any type of webspider or indexing process on shared servers.
d) Users may not install anything that interfaces with an Internet Relay Chat network/site.
e) Users may not host any type of torrent.
f) Users may not join or host filesharing or peer-to-peer networks
g) Users may not host gaming servers
h) Users may not set up cron jobs with intervals less than 15 mins.
i) Users may not run any SQL queries greater than 15 secs and database tables should be indexed appropriately.
j) PHP include functions should include the local file instead of the URL, eg. you should use include.php instead of http://www.yourcompanyname.co.za/include.php
k) To reduce server load, avoid forcing html to handle serverside code eg. php/shtml
l) To reduce server load and speed up your site, only use https when absolutely necessary
m) Using more than 250 000 inodes on any of our shared servers will result in a warning, then if no action is taken or if server resources are severely monopolised the account will be suspended. A web page, image file or email uses up one inode each.
n) Accounts over 100 000 inodes will no longer be eligible for weekly backups, however the databases will still be included in the weekly backups. All data will still be mirrored to a secondary drive in case of HD failure or malfunction.

17. Indemnification/Disclaimer - UNI WEB SERVE doesn't guarantee that our services will be uninterrupted and will not be held liable for any claims resulting from the use or the inability to use UNI WEB SERVE services, including, but not limited to, service interruptions, internet connectivity problems, internal company firewalls outside of our control, unauthorized access to our servers, domain name registrar problems, DNS caching, internet bandwidth congestion, power failures, country legislation or privacy laws, manmade and natural disasters.

18. Adult Content and Piracy - UNI WEB SERVE reserves the right to terminate hosting agreements should the client be found to be hosting illegal or unsuitable content. UNI WEB SERVE will determine what constitutes unsuitable content.

19. Policy Violation - If an account is used unlawfully or is in violation of the Terms, UNI WEB SERVE reserves the right to terminate the account without notice and without refunds. Files that violate our terms or the law are subject to deletion without notice and will be reported to the relevant authority, and will be held responsible for damages, including but not limited to, UNI WEB SERVE systems, servers, connectivity, reputation, business, service, network, operations, staff or equipment. Violations will be dealt with severely to the full extent of the law at the cost of the client.

These terms and conditions represent the complete agreement and understanding between UNI WEB SERVE and THE CLIENT. 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.

SPECIFIC TERMS AND CONDITIONS FOR DESIGN WORK

Work will commence when all information (and photos) is received and 50% deposit is remitted. Two subsequent invoices of 25% are due in advance of commencement of the final two stages of the project (therefore, no final payment).

Please check all text provided very carefully, as spelling and typographic corrections will be done at our hourly rate.

If more work is added while the project is underway, then this will be quoted on and invoiced separately, and payable upon invoice.

Phonecalls are billed for at the hourly rate and an account for the month's phone time will be furnished at the end of each month.

After each set of changes, the client has 5 working days to reply with changes. Unfortunately this is not negotiable as our need to consider other client deadlines and time schedules is critical.

If the project is paused for longer than 2 weeks, or no feedback is received for this amount of time, we reserve the right to charge a minimum additional continuation fee of R1000 or 10% (whichever is greater) before work re-commences. This is to recoup administrative costs, file management, job re-acclimatisation, time re-scheduling and lost wages due to deadline shifts.