Terms of Use

Last updated on 19 March 2010

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. 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 R250. UNI WEB SERVE is not responsible for files lost or damaged by users. Client-maintained backups of all site files are recommended.

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 - 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

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, unauthorized access to our servers, domain name registrar problems, DNS caching, internet bandwidth congestion, power failures, 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 the user policy are subject to deletion without notice. Clients violating the Acceptable User Policy will be held responsible for damages to UNI WEB SERVE, including but not limited to, UNI WEB SERVE's systems, servers, connectivity, reputation, business, service, network, operations, or equipment. All 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.