Terms & Conditions for WWW.HOSTING101.CO.ZA
WWW.HOSTING101.CO.ZA is owned by InterAcc Online (t/a)
Use of WWW.HOSTING101.CO.ZA is made available subject to the following Terms and Conditions. By using this WWW.HOSTING101.CO.ZA, you agree to be bound by, and to comply with, these Terms and Conditions and any further Terms & Conditions that WWW.HOSTING101.CO.ZA may prescribe from time to time.
In terms of Section 11 of the Electronic Communications and Transactions Act 25 of 2002 (?ECT?), and the common law on contracts, these Terms and Conditions are valid, binding and enforceable against all persons that access WWW.HOSTING101.CO.ZA or any part thereof. WWW.HOSTING101.CO.ZA reserves the right to make changes to this domain and these Terms and Conditions at any time.
The Terms and Conditions set out below constitute an agreement between WWW.HOSTING101.CO.ZA and you, the User, and apply when you are making an online application for services, using, accessing or browsing WWW.HOSTING101.CO.ZA.
Please read these Terms and Conditions carefully, and should you have any legal questions, please direct them to firstname.lastname@example.org.
1. DEFINITIONS AND INTERPRETATION
In these Terms and Conditions the following words and phrases will bear the following meanings:
1.1 Advertiser’ means a third party advertising services or products, of a third party, on WWW.HOSTING101.CO.ZA.
1.2 WWW.HOSTING101.CO.ZA’ means Culterre Industries (Pty) Ltd t/a InterAcc Online, a South African Private Company duly incorporated in accordance with the Companies Act 61 of 1973, as amended.
1.3 Non-Disclosure Agreement’ means a separate agreement and annexure to these Terms and Conditions, which will be supplied by WWW.HOSTING101.CO.ZA, and which will be entered into off-line between InterAcc Online (t/a) and a potential customer or partner.
1.5 Terms and Conditions’ mean this agreement between Users and WWW.HOSTING101.CO.ZA;
1.6 Third Party WWW.HOSTING101.CO.ZAs’ mean any other WWW.HOSTING101.CO.ZAs and social media portals which are not the domain WWW.HOSTING101.CO.ZA.
1.7 User’ means any person who enters or uses WWW.HOSTING101.CO.ZA, notwithstanding the fact that such a person only visited the home page of WWW.HOSTING101.CO.ZA or subscribed thereto.
>1.8 WWW.HOSTING101.CO.ZA’ means Culterre Industries (Pty) Ltd, trading as InterAcc Online, owned and operated by Culterre Industries, and which is located at WWW.HOSTING101.CO.ZA, including any part or element thereof.
1.9 References herein to the singular include the plural and vice versa.
1.10 Notwithstanding the fact that hyperlinks in these Terms and Conditions, applying to copyright notices and legislation, should be deemed to be part of these Terms and Conditions in terms of Section 11 of the ECT Act, the fact that some or all of the hyperlinks may be non-operational, will not play a role in determination of the validity and interpretation of these Terms and Conditions.
2. WWW.HOSTING101.CO.ZA DISCLAIMERS
2.1 The objective of the WWW.HOSTING101.CO.ZA is to provide Entrepreneurs, Business Owners and Customers new and old with a view to concluding mutually beneficial transactions. The User expressly understands and agrees that WWW.HOSTING101.CO.ZA will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if WWW.HOSTING101.CO.ZA has been advised of the possibility of such damages), unless there is gross negligence on part of WWW.HOSTING101.CO.ZA resulting from any agreement, understanding or relationship the User may enter into with any person or entity with whom it has been put in contact through WWW.HOSTING101.CO.ZA.
2.2 The User expressly understands and agrees that WWW.HOSTING101.CO.ZA will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if WWW.HOSTING101.CO.ZA has been advised of the possibility of such damages), unless there is gross negligence on part of WWW.HOSTING101.CO.ZA, resulting from any use or sale of goods or services offered by, or agreements concluded with, Advertisers or Third Party.
2.3 Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, WWW.HOSTING101.CO.ZA (including its owners, directors, employees, suppliers, Internet service providers, partners, affiliates and agents) will not be liable for any damage, loss or liability of any nature, not directly related to WWW.HOSTING101.CO.ZA’s gross negligence, incurred by whomever and resulting from:
2.3.1 any service available on WWW.HOSTING101.CO.ZA;
2.3.2 access to WWW.HOSTING101.CO.ZA;
2.3.3 access to any domains linked to WWW.HOSTING101.CO.ZA;
2.3.4 inability to access WWW.HOSTING101.CO.ZA;
2.3.5 inability to access domains linked to WWW.HOSTING101.CO.ZA;
2.3.6 content available on WWW.HOSTING101.CO.ZA;
2.3.7 downloads and use of content from WWW.HOSTING101.CO.ZA;
2.3.8 the use or the inability to use WWW.HOSTING101.CO.ZA;
2.3.9 the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from WWW.HOSTING101.CO.ZA;
2.3.10 unauthorised access to or alteration of transmissions or data of the user of WWW.HOSTING101.CO.ZA;
2.3.11 statements or conduct of any third party on WWW.HOSTING101.CO.ZA;
2.3.12 any other matter relating to WWW.HOSTING101.CO.ZA.
2.4 WWW.HOSTING101.CO.ZA is supplied on an as is’ basis and has not been compiled to meet the User’s individual requirements. It is the responsibility of the User to satisfy itself, prior to entering into this agreement with WWW.HOSTING101.CO.ZA, that the content available from and through WWW.HOSTING101.CO.ZA meets the User’s individual requirements and is compatible with the User’s computer hardware and/or software.
2.5 The content and/or information contained on WWW.HOSTING101.CO.ZA is provided for Users informational and educational convenience only. Nothing on WWW.HOSTING101.CO.ZA should be relied on and Users should consult with an authorised financial advisor prior to making any financial decisions.
2.6 WWW.HOSTING101.CO.ZA will take all reasonable steps to ensure the quality and accuracy of content available on WWW.HOSTING101.CO.ZA and encourages Users to report incorrect and untrue information, subject to the right of WWW.HOSTING101.CO.ZA to rely on its own freedom of expression and right to determine, in its sole and absolute discretion, the contents of WWW.HOSTING101.CO.ZA. WWW.HOSTING101.CO.ZA does not make any warranties or representations that the content and services available on WWW.HOSTING101.CO.ZA will in all cases be true, correct or free from any error.
2.7 WWW.HOSTING101.CO.ZA does not make any warranties or representations that WWW.HOSTING101.CO.ZA will be available at all times. Users acknowledge that WWW.HOSTING101.CO.ZA may be unavailable due to updates or other causes beyond the reasonable control of WWW.HOSTING101.CO.ZA, including, but not limited to virus infection, unauthorised access, power failure or other Acts of God.?
2.8 The access to WWW.HOSTING101.CO.ZA, may involve third party fees (such as internet service provider or airtime charges), and the User is responsible for those fees.
3. CONSUMER PROTECTION
3.1. WWW.HOSTING101.CO.ZA regards it important to protects the User by abiding by all relevant laws, in particular the Consumer Protection Act 68 of 2008 (?CPA?) and requests its Advertisers to do the same.
3.2. In the event of a promotional competition held or promotional services offered on WWW.HOSTING101.CO.ZA, please revert to WWW.HOSTING101.CO.ZA’s additional terms and conditions published on WWW.HOSTING101.CO.ZA, from time to time, specifically for promotional competitions or services.
3.3. Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available on WWW.HOSTING101.CO.ZA to Culterre Industries and Culterre Industries undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.
4. BREACH OF TERMS AND CONDITIONS
4.1 In the event that, the User or WWW.HOSTING101.CO.ZA commits a breach of these Terms and Conditions, and fails to remedy such breach within 7 (seven) working days after receiving written notice from the other party, calling for such a breach to be remedied, the party delivering such notice will be entitled, without prejudice, to any other rights it may have hereunder or in law, to terminate these Terms and Conditions which constitutes an agreement, by written notice to that effect given to the defaulting party.
4.2 The termination of the Terms and Conditions, for whatever reason, will not affect the rights of either the User or Culterre Industries:
4.2.1 that may have accrued before the termination of the Terms and Conditions;
4.2.2which specifically or by their nature survives the termination of the Terms and Conditions.
5.1 WWW.HOSTING101.CO.ZA will take all reasonable steps to protect the personal information of Users. For the purpose of this clause, personal information (general and technical information relating to an identifiable, living, natural person, and where it is applicable, an identifiable existing juristic person) is as detailed in the Protection of Personal Information Bill (?POPI?).
5.2 WWW.HOSTING101.CO.ZA respects the privacy of Users and will not collect personal data of online visitors, unless they provide it to WWW.HOSTING101.CO.ZA voluntarily. General and technical information is collected either electronically by using cookies, or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.
5.3 Any personal information and data collected is used solely by WWW.HOSTING101.CO.ZA for purposes of providing the services offered on the WWW.HOSTING101.CO.ZA, or otherwise.
5.4 WWW.HOSTING101.CO.ZA undertakes not to sell, disclose or distribute personal information of Users to any third parties, for free, or for remuneration.
5.5 Subject to the provisions of the Regulation of Interception of Communications Act 70 of 2002 (?RIC?), the User agrees to WWW.HOSTING101.CO.ZA’S right to intercept, block, filter, read, delete, disclose and use all communications sent or posted by the User to the WWW.HOSTING101.CO.ZA, its staff and employees.
5.6 The User agrees and acknowledges that the consent provided by the User, of this Clause 5, satisfies the writing’ requirement as detailed in the ECT Act and the RIC Act.
6.1 Payments of any applicable fees will be made to WWW.HOSTING101.CO.ZA’s designated bank account by way of direct deposit or electronic funds transfer (EFT), after an invoice to this effect has been received from WWW.HOSTING101.CO.ZA.
6.2 No payment facilities will be available on the WWW.HOSTING101.CO.ZA and payments must be effected as mentioned in 10.1 above.
6.3 The Customers will be notified in the event that the designated bank account details of WWW.HOSTING101.CO.ZA change.
6.4 Late payment penalties of R100.00 or interest will apply to any late payments, calculated at the current prime lending rates used by First National Bank from time to time.
6.5 WWW.HOSTING101.CO.ZA is a VAT vendor and VAT will apply to amounts indicated for payments in terms of these Terms and Conditions.
6.6 CONSULTATIONS: InterAcc Online (t/a), does not charge for a first consultation held on our premises.Â Should any InterAcc Online (t/a) consultant or representative be required to consult with a client on the client’s premises or any other premises away from the InterAcc Online (t/a) offices then a standard call-out fee of R450.00 excl. VAT and an hourly rate of R250 excl. VAT per hour would apply, subject to our call-out and support terms and conditions.
7. ALLOWED USE AND LICENSE
7.1 WWW.HOSTING101.CO.ZA licenses the User to view, download and print the content of the WWW.HOSTING101.CO.ZA, provided that such content is used for personal, educational and/or non-commercial purposes only.
7.2 Content from the WWW.HOSTING101.CO.ZA will not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of WWW.HOSTING101.CO.ZA.
7.3 WWW.HOSTING101.CO.ZA reserves the right to claim damages from, and/or institute criminal proceedings against, the User for misuse or infringement of materials published on the WWW.HOSTING101.CO.ZA.
7.4 Apart from bona fide search engine operators and use of the search facility provided on the WWW.HOSTING101.CO.ZA, by Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the WWW.HOSTING101.CO.ZA for any purposes, without the prior written consent of WWW.HOSTING101.CO.ZA.
7.5 All licenses and/or permissions granted in terms of this Clause 7 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by WWW.HOSTING101.CO.ZA at any time without giving reasons therefore.
7.6 The User hereby agrees not to use the WWW.HOSTING101.CO.ZA and services for any purpose that is unlawful, improper or prohibited by these Terms and Conditions.
7.7 The User agrees that it will not link or frame any page, in whole or in part, in any manner whatsoever, without the prior written consent of WWW.HOSTING101.CO.ZA.
7.8 The User agrees not to modify, change or amend the content of the WWW.HOSTING101.CO.ZA’S content in whole or in part, in any manner whatsoever.
7.9 The User guarantees that he/she is older than 18 (eighteen) years.
7.10 The User agrees that it will only use this WWW.HOSTING101.CO.ZA, the information contained thereon and the online services in respect of the specific purposes for which it is created for.
7.11 In using the WWW.HOSTING101.CO.ZA, information or online services, the User will not:
7.11.1 disrupt or interfere with any other User’s enjoyment of such services or materials or any affiliated or linked sites,
7.11.2 upload, post, e-mail or otherwise transmit any viruses or other harmful, disruptive, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, racial, ethnical or destructive files or content;
7.11.3 create a false identity;
7.11.4 use or attempt to use another’s account, password, service or system without authorisation from WWW.HOSTING101.CO.ZA;
7.11.5 access or attempt to access any service or content which the User is not authorised to access;
7.11.6 disrupt or interfere with the security of, or otherwise cause harm to, any system resources, accounts, passwords, servers or networks connected to or accessible through such feature or any affiliated or linked sites;
7.11.7 conduct any surveys, contests, pyramid schemes, chain letters, junk email, spamming or any other similar activities.
8 HYPERLINKS TO AND FROM THIRD PARTY WEBSITES
8.1 The WWW.HOSTING101.CO.ZA may produce search results or alternatively link you to other websites on the internet. The aforesaid websites may further contain information that may be viewed as offensive or inappropriate to certain demographics. WWW.HOSTING101.CO.ZA hereby confirms that any search results produced or links to third party or external websites are not under the control of WWW.HOSTING101.CO.ZA, and you hereby acknowledge that WWW.HOSTING101.CO.ZA is not accountable for the accuracy, copyright compliance, legality, decency, or any other aspect of the aforesaid third party of external websites. Any links to third party or external websites may not be construed as WWW.HOSTING101.CO.ZA endorsement of any or all of the aforesaid websites’ content or as associations with its operators.
8.2 Hyperlinks to the WWW.HOSTING101.CO.ZA from any other source will be directed at the home page of the WWW.HOSTING101.CO.ZA. WWW.HOSTING101.CO.ZA will not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the WWW.HOSTING101.CO.ZA, if such content was accessed through a hyperlink not directed at the home page of the WWW.HOSTING101.CO.ZA. Persons that wish to link to content beyond the home page of the WWW.HOSTING101.CO.ZA will do so at their own risk and indemnify WWW.HOSTING101.CO.ZA against any loss, liability or damage that may result from the use of content from the WWW.HOSTING101.CO.ZA, if such content was accessed through a hyperlink not directed at the home page of the WWW.HOSTING101.CO.ZA.
9 ELECTRONIC COMMUNICATIONS
9.1 When the User visits the WWW.HOSTING101.CO.ZA and the User completes a web form to request information or when the User sends an e-mail to WWW.HOSTING101.CO.ZA, and does not explicitly request a non-electronic communication medium, the User consents to receiving communications from WWW.HOSTING101.CO.ZA electronically and agrees that all agreements, notices, disclosures and other communications sent by WWW.HOSTING101.CO.ZA satisfy any legal requirements, including, but not limited to the requirement that such communications should be in writing?.
9.2 The User acknowledges and accepts that the action to click on specified buttons on certain web forms on WWW.HOSTING101.CO.ZA’s sites may constitute an expression of intent or other statement.
10 INTELLECTUAL PROPERTY RIGHTS
10.1 Save for materials obtained from, or supplied by, Users or Product or Service Providers, all content included on the WWW.HOSTING101.CO.ZA, including the photographs, text, graphics, logos, trademarks, buttons, images, icons, databases and software, are the property of WWW.HOSTING101.CO.ZA and are protected by South African and international copyright and trade mark laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the WWW.HOSTING101.CO.ZA is the exclusive property of the WWW.HOSTING101.CO.ZA website and is protected by South African and international copyright laws.
10.2 WWW.HOSTING101.CO.ZA will not be liable for any claim by a third party for copyright or trade mark infringement by the User or any other third party.
10.3 The User will, other than for his personal and non-commercial use, not store on his computer, or print copies of extracts from this WWW.HOSTING101.CO.ZA, and not, other than for his personal and non-commercial use, mirror or cache information provided via this WWW.HOSTING101.CO.ZA on his own server or other computer or other storage facility of whatsoever nature; or copy, adapt, modify or re-use the text or graphics from this WWW.HOSTING101.CO.ZA, without prior written permission of WWW.HOSTING101.CO.ZA, unless as per licence granted in Clause 5 above.
10.4 The InterAcc Online (t/a) trademarks reflected on WWW.HOSTING101.CO.ZA are the exclusive property of WWW.HOSTING101.CO.ZA. Unauthorised use of these trademarks is prohibited. Full details of the trademarks as reflected on the South African Trade Marks Register are available upon request.
11 DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT
Access to the services, content, software and content downloads available from the WWW.HOSTING101.CO.ZA is classified as electronic transactions’ in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and WWW.HOSTING101.CO.ZA has the duty to disclose the following information:
11.1 The full name and legal status of the WWW.HOSTING101.CO.ZA owner: Culterre Industries trading as InterAcc Online.
11.2 Registration Number: 2004/005118/07.
11.3 VAT Registration number: 4400265908.
11.4 Street address: Mountain Honey Estate, 74 Sterkfontein Rd, Irene, Pretoria.
11.5 Postal address: PO Box 39189, Faerie Glen, Pretoria, 0043.
11.6 Physical address for receipt of legal service: Mountain Honey Estate, 74 Sterkfontein Rd, Irene, Pretoria.
11.7 Telephone Number: +27 (0) 82 337 5658.
11.8 Directors: Johannes Frederick Groenewald.
11.9 The official email address of the WWW.HOSTING101.CO.ZA is: email@example.com.
11.10 Subject to urgent and/or interim relief, all disputes regarding:
11.10.1 access to the WWW.HOSTING101.CO.ZA;
11.10.2 the inability to access the WWW.HOSTING101.CO.ZA;
11.10.3 the services and content available from the WWW.HOSTING101.CO.ZA; or
11.10.4 these Terms and Conditions, will be referred to Clause 14 below.
12 CHANGES AND AMENDMENTS
WWW.HOSTING101.CO.ZA expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:
12.1 change these Terms and Conditions and the User of the WWW.HOSTING101.CO.ZA can review the most current version of these Terms and Conditions at any time by accessing the Terms and Conditions’ link of the WWW.HOSTING101.CO.ZA. In addition, when using particular WWW.HOSTING101.CO.ZA information, the User of the WWW.HOSTING101.CO.ZA may be subject to any posted guidelines or rules applicable to such services which may be posted from time to time;
12.2 change the content and/or services available from the WWW.HOSTING101.CO.ZA;
12.3 discontinue any aspect of the WWW.HOSTING101.CO.ZA or service(s) available from the WWW.HOSTING101.CO.ZA; and/or
12.4 change the software and hardware required to access and use the WWW.HOSTING101.CO.ZA.
13 WWW.HOSTING101.CO.ZA SECURITY
13.1 WWW.HOSTING101.CO.ZA will take all reasonable steps to secure the content and confidential applications and enquiries submitted to the WWW.HOSTING101.CO.ZA, and the information provided by and collected from Users, from unauthorised access and/or disclosure. However, WWW.HOSTING101.CO.ZA does not make any warranties or representations that content will be 100% safe and secure.
13.2 WWW.HOSTING101.CO.ZA is under no legal duty to encrypt any content or communications from and to the WWW.HOSTING101.CO.ZA and is also under no legal duty to provide digital authentication of any page on the WWW.HOSTING101.CO.ZA.
13.3 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the WWW.HOSTING101.CO.ZA or the server and computer network that support the WWW.HOSTING101.CO.ZA.
13.4 Notwithstanding criminal prosecution, any person who delivers any damaging code to the WWW.HOSTING101.CO.ZA, whether on purpose or negligently, will, without any limitation, indemnify and hold WWW.HOSTING101.CO.ZA harmless against any and all liability, damages and losses WWW.HOSTING101.CO.ZA and its partners / affiliates may suffer as a result of such damaging code.
13.5 Users may not develop, distribute or use any device to breach or overcome the security measures of the WWW.HOSTING101.CO.ZA and WWW.HOSTING101.CO.ZA reserves the right to claim damages from any and all persons concerned with a security failure or breach.
14 ENTIRE AGREEMENT AND SEVERABILITY
14.1 These Terms and Conditions (which may be amended from time to time) constitute the entire agreement between WWW.HOSTING101.CO.ZA and the User and will take precedence over any disclaimers and/or legal notices attached to any communications and/or postings received by WWW.HOSTING101.CO.ZA from the User.
14.2 Any failure by WWW.HOSTING101.CO.ZA to exercise or enforce any right or provision will in no way constitute a waiver of such right or provision.
14.3 In the event that any Term and/or Condition detailed herein are found unenforceable or invalid for any reason, such separate term(s) or condition(s) will be severable from the remaining terms and conditions. The remaining terms and conditions will remain enforceable and applicable.
15 INTERNATIONAL USE
WWW.HOSTING101.CO.ZA at no time makes any representation, whether directly or indirectly, expressly or tacitly that any materials available on this WWW.HOSTING101.CO.ZA are appropriate for use outside of the Republic of South Africa. Any access to materials on this WWW.HOSTING101.CO.ZA, in any international regions where said access is illegal, is strictly prohibited. Those who choose to access this WWW.HOSTING101.CO.ZA from other locations do so on their own initiative and at their own risk and are responsible for compliance with the relevant local laws.
In the event of a dispute between the User and any third party, WWW.HOSTING101.CO.ZA will not be involved in such dispute, unless WWW.HOSTING101.CO.ZA may deem it necessary to protect its rights and interests. In the event of dispute between the User and WWW.HOSTING101.CO.ZA, the User should address WWW.HOSTING101.CO.ZA in writing and forward it to the following e-mail address: firstname.lastname@example.org. The administrator will contact the party involved within 48 (fourty eight) hours from receipt of the alleged dispute in an attempt to resolve the matter.
17 GOVERNING LAW AND JURISDICTION
These Terms and Conditions will be governed by and construed in accordance with the laws in force in the Republic of South Africa. The User hereby consents to the jurisdiction of the courts in Johannesburg in respect of any dispute arising in connection with this WWW.HOSTING101.CO.ZA and which cannot be settled on the basis described above.
18 LEGAL COSTS
WWW.HOSTING101.CO.ZA will not be liable for costs incurred by Users to obtain professional advice relating to these Terms and Conditions.
LICENSED TO WWW.HOSTING101.CO.ZA. ALL OTHER RIGHTS RESERVED. UNAUTHORISED COPYING, USE AND DISTRIBUTION PROHIBITED.