Terms Of Use


Terms of Service

This Service Agreement is between Webacies and the person/persons who use our services. Please read carefully to ensure The Client understand our terms before purchasing any of our products and/or services.

Services

Webacies agrees to provide the services stated for the price agreed at any given time. We do not mislead customers with hidden costs. Webacies reserves the right to add, amend or terminate products and services if it is in the best interest of the company.

Terms

All customers are responsible for acceptable usage each month. Customers who go over the limit of their account will be sent an email with the option to either upgrade their account or reduce storage on their website. If customers continue to go over we will do everything possible to fix the problem. We do hold the right to cancel accounts for continuous problems. If customers sign up for an account and cancel it within the first month they will still be charged for the full first month.

Payments

Renewal notices are emailed three days before the actual renew date of The Client’s account. All accounts are set up on a pre-pay basis. If payment is not received within 3 days a 10% fee will be added. Webacies reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within 5 days of email notice or exceeding this time frame in any way is subject to suspension. The Client is responsible for all fees owed on the account from the time it was established to the time that the Client notify Webacies to request for termination of services, we reserve the right to allocate payments to the oldest outstanding invoices in the event that there are invoices that have not been settled. We are based in Johannesburg, South Africa and our primary website currency is ZAR. The Client’s particular billing cycle corresponds to the contract length that was initially chosen at the final design date. The Client’s account will automatically renew at this length unless cancelled 60 days prior to the end of the Client’s billing cycle. There is no fee for cancelled accounts that have been paid for the year. If the Client cancel an account on the monthly billing cycle Webacies cannot refund any payments made before.

Annual payments and credits are non-refundable. SSL Certificates, Domain Registration and Domain Renewal Fees are non-refundable. Transaction fees on payments are non-refundable. The only time the Client’s annual plan will end is if the Client’s account does not comply with our terms of use. Both monthly and annual payments are non-refundable if the Client’s account does not follow our terms of use. Positive credit balances can only be applied towards outstanding service orders generated on our system. If the Client signed up for a service which is no longer offered OR in the event of a service fee / service specification misprint the Client will be refunded in full. Accounts not settled within 30 days after they are due will be terminated.

Cancellation and Early Termination

Customers must acknowledge that the amount of the services bought is based on customer’s agreement to pay the fee for the initial term or renewal term.

Domain Name Registration

All Registrants and Resellers must comply with the Published Policies and Procedures of the ZA Central Central Registry. Failure to comply with the Central Registry’s Policies and Procedures can lead to the termination of the Client’s account. Contact information must at all times reflect the correct owner’s information, not the ISP’s information. The Client agree to pay Webacies prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the price schedule for the initial registration of the domain name and, should the Client choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if the Client’s domain name registration is suspended, cancelled or transferred prior to the end of the Client’s then current registration term. Webacies reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. The Client’s requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed The Client’s registration in an email. In the event of a charge-back by a credit card company (or similar action by another payment provider allowed by Webacies) in connection with the payments of the registration fee for the Client’s domain name registration, The Client agree and acknowledges that the domain name registration shall be transferred to Webacies as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Webacies will reinstate The Client’s domain name registration solely at Webacies discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.

Webacies cannot guarantee that any domain name registration will be successful as different Registries may impose restrictions on The Client’s selected name, for instance in the case of Premium Domain Names. The Client’s payment will be refunded in full in such a case.

Transfer domain registrar to Webacies

The Client agree to pay Webacies prior to the effectiveness of the desired domain transfer request, the then-current amount set forth in the Webacies price schedule for the initial transfer request of the domain name. The Client agrees and acknowledge that the domain name transfer may fail, and all fees are non-refundable, for the following reasons, but not limited to:

  1. No response from the Registered Name Holder or Administrative Contact
  2. Domain name in Registrar Lock Status
  3. Any outstanding invoice/s towards the Client’s domain registration / renewal that have not yet been settled.
  4. Domain name registration period time expires or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer

Webacies reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. The Client’s requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed the Client’s registration in an email from Webacies. In the event of a charge-back by a credit card company (or similar action by another payment provider allowed by Webacies) in connection with the payments of the registration fee for the Client’s domain name registration, The Client agree and acknowledges that the domain name registration shall be transferred to Webacies as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Webacies will reinstate The Client’s domain name registration solely at Webacies discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.

Transfer domain away from Webacies

Webacies reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:

  1. No response from the Registered Name Holder or Administrative Contact
  2. Domain name in Registrar Lock Status and there is no request from Registered Name Holder or Administrative Contact for the status change
  3. Transferring The Client’s domain name away from Webacies to a new Registrar will NOT cancel the Client’s Website Service linked to The Client’s domain name. Please submit a Website Cancellation Request via email or on our website.
  4. Domain name registration period time will be expiring in less than 60 days or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer The Client agrees to and acknowledge that the failure or success of a domain name transfer will be his/her sole responsibility, and Webacies will not be held liable for the failure of a domain name transfer for any reason. Domain registrations are non-refundable. Please do not purchase the domain name until the Client are certain that it is exactly what The Client would like to buy.

Server Abuse

Any attempt to undermine or cause harm to a server or customer of Webacies or third party service is strictly prohibited.

Webacies will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include “Internet scamming” (tricking other people into releasing their passwords), password theft, posting of prohibited/explicit content, security hole scanning, etc.

Any unauthorised use of accounts or computers by The Client, whether or not the attacked account or computer belongs to

Webacies or third party services providers, will result in action against The Client. Possible actions include warnings, account suspension or cancellation, as well as civil or criminal legal action, depending on the seriousness of the attack. IMPORTANT NOTE – Webacies has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.

Shared hosting accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.

Disk Space Abuse

Webacies will be the sole arbiter as to what constitutes a violation of this provision. We will monitor The Client’s disk space usage. If The Client needs extra disk space contact one of our staff and they will be happy to assist.

Customer Information

The Customer represents and warrants to Webacies that the information he, she or it has provided and will provide to Webacies for purposes of establishing and maintaining the service is accurate. If the Customer is an individual, the Customer represents and warrants to Webacies that he, she is at least 18 years of age. Webacies may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customers account until the Customer has provided a written notice changing the Primary Customer Contract.

Unsolicited Email & Spamming

Unsolicited commercial advertisements (“SPAM”) are not allowed in email, and will likely result in account cancellation. Webacies takes a zero-tolerance approach to SPAM originating from its clients. If found, The Client’s account may be deleted.

The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from The Clientr domain); Forging, altering or removing electronic mail headers – any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account (“mail bombing”); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most email mailing lists. Inappropriate posting may result in account cancellation. See the newsgroup or mailing lists charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving email, The Client must not send that person any further messages.

Technical Support Boundaries

Webacies provides technical support for The Client that encompasses within our area of expertise only.

Indemnification

Customer agrees to indemnify and hold harmless Webacies, Webacies’s affiliates, and each of their respective agents and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorney fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the AUP by Customer or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by Customer. The client agree to defend, indemnify and hold harmless Webacies against liabilities arising of:

  1. Any injury to Person or Property caused by any products sold or otherwise distributed in connection with Webacies or Third Parties Server
  2. Any Material supplied by the Customer Infringing or Allegedly Infringing on The Proprietary Rights of a Third Party Copyright Infringement

Disclaimer of Warranties

Webacies does not warrant or represent that the services will be uninterrupted, error free, or completely secure. To the extent permitted by applicable law Webacies disclaims any and all warranties including the implied warranties or merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law all services are provided on an “As Is” basis.

Limitation of Damages

Neither party shall be liable to the other for any lost profits or any indirect, special incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.

Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of Webacies and any of its employees, agents or affiliates, under any theory of the law (including breach of contract, tort, strict liability and infringement) shall be a payment of money not to exceed the amount payable by customer for the three months service.

Suspension of Services/Termination

Customer agrees that Webacies may suspend services to Customer without notice and without liability if: (i) Webacies reasonably believes that the services are being used in violation of the Terms of Use; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the Terms Of Use; (iii) Webacies reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay Webacies reasonable reinstatement fee if the service was suspended under this subsection.

The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if Webacies fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer’s written notice describing the failure in reasonable detail. The Agreement may be terminated by Webacies prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon five (5) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the The Terms of Use, and fails to cure the violation within thirty (30) days of a written notice from Webacies describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer’s Service is used in violation of a material term of the Terms of Use more than once, or (iv) upon one (1) day’s notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.

If The Client break our terms of service/use we hold the right to cancel any services. We will never cancel any services without trying our best to resolve the problem with the Client. However in extreme cases such as an account containing child pornography we hold the right to cancel services without any prior warning. We do not refund any accounts breaking our terms of service/acceptable usage policy. For example if we cancel The Client’s account during The Client’s first month for breaching copyright, we will not refund the Client for the first month. This is to prevent people signing up for our services with the intention of breaching our terms.

Request For Customer Information

The Customer agrees that Webacies may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer’s customers or end users that Webacies believes violate the applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

Notices

Notices to Webacies under the Agreement shall be given via electronic mail to the email address posted for customer support. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.

Force Majeure 

Webacies shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Webacies’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

Governing/Law Disputes

The Agreement shall be governed by the laws of the Republic of South Africa, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods.

Miscellaneous

Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trade mark without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer’s purchase order or other business forms are not binding on Webacies unless they are expressly incorporated into a formal written agreement signed by both parties. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without Webacies’s prior written consent. Webacies’s approval for assignment is contingent on the assignee meeting Webacies’s credit approval criteria. Webacies may assign the Agreement in whole or in part. This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.

Copyright Files

All files stored on Webacies or third party servers must be legally-owned and be accompanied with a valid license and/or copyright, or must be proved to be Intellectual Property of the Client. This includes and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within The Client’s account, the files will be subjected to deletion.

Cancellation of Service

Webacies reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Webacies if we institute our right of cancellation. Any violation of policies which results in extra costs billed to The Client.

Promotional Rates & Special Offers

Webacies may offer subsequent promotional rates or special offers, the terms of which may or may not be more favourable than the terms and conditions for the Client’s services. Any such promotions or modifications shall not affect The Client's obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together. The costs of this may not be covered by the first month’s payment. As a result of this our promotions are not refundable and are not covered by our 30-day money back guarantee.

Intellectual Property Rights

Material accessible to the Client through Webacies’s services may be subject to protection under the united states or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, The Client must not use Webacies or any of its third parties or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that The Client access or receive through the Webacies network. If The Client use a domain name in connection with Webacies or similar service, The Client must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Network Security

Customers may not use the third party network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for The Client, logging into a server or account The Client are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. The Client may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Webacies will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Static & Dynamic Content Caching

The Client expressly:
  1. Grant to Webacies and in turn any third parties we may make use of a license to cache the entirety of the Client’s website, including content supplied by third parties, under this agreement and
  2. Agree that such caching is not an infringement of any of the Client’s intellectual property rights or any third party’s intellectual property rights.

IP Address Ownership

Webacies or third party hosting providers shall maintain and control ownership of all IP numbers and addresses that may be assigned to The Client by Webacies or such. Webacies reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

Lawful Purpose

Webacies reserves the right to refuse service to anyone. The Client may only use Webacies or any of its third party servers for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the Republic of South Africa, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: “Pirated Warez”, OGG, AVI, MPEG, ISO, “Hacker programs or archives”, “Copyrighted Digital Movie Copies (DIVX)” and “Unlicensed MP3”. The designation of any materials as such described above is left entirely to the discretion of Webacies management.

If illegal content or usage is found, the account will be suspended and/or terminated. The Client agree that Webacies may disclose any and all the Client’s information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification. Regardless of the place of signing this agreement, the Client agrees that for purposes of venue this contract is entered in Johannesburg, South Africa, and any dispute will be litigated or arbitrated in Johannesburg, South Africa. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Johannesburg courts. In no event shall Webacies maximum liability exceed five thousand (R5 000.00) Rand.

Privacy Statement

Webacies follows the strict guidelines of our customer privacy statement. Please make sure the Client understand this statement fully.

30 Day Money Back Guarantee The Client is entitled to claim our 30 day-money back guarantee providing the Client meets the following requirements.
  1. The Client must claim during the first 30 days of using our services
  2. The Client is subject to our terms of use

Our special promotions are excluded from our 30-day money back guarantee, as well as any development fees for online advertising, websites, initial fees, license purchases or upfront purchases for domain registrations or SSL Certificates etc.

  1. If the Client provides us with the correct first name, second name & email address used during sign-up
  2. If the Client claims within 10 days of The Client’s sign-up date

By accepting any of our services or products The Client agree to the terms and conditions as set out on this website, the Client agrees to the Terms of Use and all other regulations stipulated on this site.