Terms of Agreement - eHost

Terms of Agreement

Website Terms and Conditions of Use Relating to www.ehost.co.za

These Terms and Conditions (“œthe Terms and Conditions”) govern your (“œthe User”) use of the Ehost Web Services (“œProvider”) website located at the domain name www.ehost.co.za  (“œthe Website”). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the website for marketing and other purposes without the consent of the Provider.

Ehost.co.za are web consultants, a network and information provider connected to the Internet. Ehost.co.za offers storage, transfer and hosting services to its clients in Africa.

The client acknowledges that the Internet is neither owned nor controlled by any one entity; therefore, Ehost.co.za can make no guarantee that any given user shall be able to access Ehost.co.za’s servers at any given time. Ehost.co.za represents that it shall make every good faith effort to ensure that its servers are available as widely as possible and with as little service interruption as possible.

Ehost.co.za will specifically accept no liability for loss or damages including consequential loss in the event that the occurrence of such loss or damage has regard to any situation beyond the business’s reasonable control.

Both Ehost.co.za and the client agree as follows:

1. Payment and Penalties

Member agrees to prepay client dues as agreed upon monthly.

This agreement will automatically renew either every month or every year unless cancelled in writing giving 30 days written notice to Ehost.co.za at it’s corporate offices. If a client terminate his/her account within the 30 day money back guarantee period, only the hosting fee will be refunded and not Domain Registration cost.

In the event of a fixed Terms Contract the Client may cancel the contract at any time for any reason by giving 20 working days in which event Ehost.co.za will only charge the client a reasonable cancelation fee in the instance.
In the event of a fixed Term Agreement the client will be contacted between 40 to 80 business days before date of proposed termination in writing in order to verify if they wish to continue with the agreement. This notification will include in changes in the existing terms of the agreement that will be applicable to the new period.

If client’s payment is returned unpaid a processing fee in the amount of R 25.00 will be charged and the hosting of the website will be suspended, subsequent to notifying the client accordingly and providing him/her with a reasonable opportunity to pay such amount.

If client’s account becomes more than 30 days past due, Ehost.co.za will terminate the agreement, if payment has not been received subsequent to giving the client 20 business days written notice to rectify such non-payment.

Ehost.co.za retains the right to suspend any services provided in light of non-payment, and to withhold such services until all arrears are settled in full on any and all products and services and will not accept any liability or responsibility for delays, suspensions or impact to services, within the period that the amount outstanding remains unpaid.

2. Products and Services offered

Ehost.co.za will exercise no control whatsoever over the content of the information passing through the network. Although Ehost.co.za endeavours to supply services of a good quality they can make no warranties or representations of any kind, whether express or implied for the service rendered, to the extent that such service is subject to the assistance of third party suppliers.

Ehost.co.za also disclaims any warranty of merchant-ability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the client, in the event that the circumstances that lead to such damages being incurred were beyond the business reasonable control. Use of any information obtained by way of Ehost.co.za is at client’s own risk and Ehost.co.za specifically denies any responsibilities for the accuracy or quality of information obtained through its services, unless the inaccuracy or inferior quality of the information were or reasonably should have been within Ehost.co.za reasonable knowledge or control.

Connection speed represents the speed of a connection to and does not represent guarantees of available end to end bandwidth. Ehost.co.za expressly limits its damages to the client for any non-accessibility time or other down time to the pro-rata monthly, charge during the systems unavailability, unless the occurrence of such non accessibility time or down time has regard to any circumstances within the business reasonable control.

Ehost.co.za specifically denies any responsibility for damages arising as a consequence of such unavailability, unless the occurrence of such damages has regard to any circumstances within the business reasonable control.

Ehost.co.za reserves the right to host any materials and may, at its option and at any time, reject this material, including but not limited to after it has been put on Ehost.co.za’s server. Ehost.co.za does not allow any adult material or any related content to be hosted on Ehost.co.za servers.

Ehost.co.za does not allow the hosting of online casino’s or gambling websites as it is illegal in both South Africa and Germany.

Ehost.co.za agrees to notify client immediately of its refusal of the material and afford client the opportunity to amend or modify the material to satisfy the needs and/or requirements of Ehost.co.za.

Ehost.co.za reserves the right to disclose pertinent information to Registrars for public disclosure as per the Terms and Conditions of the Registrar. Ehost.co.za will not be held liable for any claims of infringement of privacy by fulfilling such registration conditions.

If the client fails to modify the material, as directed by Ehost.co.za, within a 20 working days of receiving a notice in writing requesting the client to modify such material, the Agreement shall be deemed to be terminated.

3. Copyright and Intellectual Property Rights

Provider provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“œthe Content”). All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third party owner of such rights (“œthe Owners”), and is protected by South African and international copyright laws. The Providers reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.

4. Connectivity & Equipment

Client is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Ehost.co.za.

Client needs to maintain a valid Internet e-mail address and is responsible for notifying Ehost.co.za immediately of any changes in e-mail address.

5. Legal Age

Client certifies that he/she is of legal age in the state/country of his/her residence.

6. Internet Etiquette

Client agrees to observe Internet etiquette.

Sending e-mail to unsolicited addresses is forbidden. Anyone who practices such tactics will have their Ehost.co.za account terminated. Violators will have their Ehost.co.za account suspended immediately for investigation and if upon finding that there was a violation, the client’s Ehost.co.za account will be terminated.

The network resources of Ehost.co.za may not be used to impersonate another person or misrepresent authorisation to act on behalf of others or Ehost.co.za. All messages transmitted via Ehost.co.za should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorised access.

7. Termination

Either party, without cause, may terminate this Agreement by giving the other party 30 days written notice. Notwithstanding the above Ehost.co.za may terminate services under this Agreement at any time, without penalty, in the event that the Client is in breach of any material term of this Agreement and doesn’t rectify such breach within a time period of 20 working days, subsequent to receiving a written request of Ehost.co.za to rectify such breach.

8. Limitation of liability

The Website and all content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors, we accept no liability for any such errors in the event that the circumstances leading to such errors were within the business reasonable control.. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider nor any holding company, affiliate or subsidiary of the Provider, shall be held responsible for any direct or indirect special, consequential or other damages of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or any linked website, even if Provider is expressly advised thereof, unless the occurrence of such damages were within the business reasonable control.

9. Lawful Purpose

Client may only use Ehost.co.za Server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. No refunds will be made within the 30 day Money back guarantee period if one of these rules are breached.

10. Indemnification

Client agrees that it shall defend, indemnify, save and hold Ehost.co.za harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against Ehost.co.za, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by client, its agents, employees or assigns, unless the occurrence of such responsibilities relates to any circumstances within the business reasonable control. Client agrees to defend, indemnify and hold harmless Ehost.co.za against Liabilities arising out of

(i) any injury to person or property caused by any products sold or otherwise distributed in connection with Ehost.co.za’s Server;

(ii) any material supplied by client infringing or allegedly infringing on the proprietary rights of a third party;

(iii) copyright infringement and

(iv) any defective product which member sold on Ehost.co.za’s Server.

11. Reselling

Reselling is only allowed if the client bought our Reseller Package. None of our other packages may be resold. This includes, but is not limited to web storage space, POP e-mail accounts and Autoresponders. Any client that is found to be in violation of this clause will have his/her account terminated and will not be eligible to join Ehost.co.za for a period of one year.

Clients are allowed to display and resell advertisements of their customers, and charge fees to their customers for said advertisements, which they deem applicable. An advertisement is defined to be a maximum size of a single, non-scrolling html page, which is contained within the client’s web site. This advertisement is applicable solely to the client’s registered domain.

12. Electronic Communications

By using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.

13. E-Commerce & Privacy

The Website www.ehost.co.za sells web hosting space and domain registrations online. The use of any product or service bought from this Website is at the purchaser’s risk. The purchaser/ user indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.

The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product. Credit card details are not kept by the Provider under any circumstances.

The Provider cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.

The Provider will supply all goods to the delivery company in good order. The Provider will not be held liable for the condition of goods arriving at the User & rsqo’s chosen delivery address, in the event that the damages to the goods reasonably occurred subsequent to being provided to the delivery company for delivery.

14. Credit Card Acquiring | Payment Gateway

Credit Card Transactions are acquired by Virtual Card Services, a registered systems operator and payment gateway in South Africa. Card Holders may go to www.vcs.co.za to view VCS’s security policy.

Security Policy

  1. Virtual Card Services process all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The company registration documents and the site’s registered domain name are checked and verified by Thawte, ensuring the cardholder and merchant that nobody can impersonate VCS to obtain confidential information.
  2. Virtual Card Services is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Virtual Card Services Internet servers are protected by firewalls and intrusion detection systems.
  3. The Merchant does not have access to credit details.
  4. Virtual Card Services continually reviews and enhances its security in line with technological changes.
15. Refund and Return Policy

The provision of the goods is subject to availability. In cases of unavailability, the provider will endeavour to supply the client with goods of a similar or better quality and quality at no extra costs. If the client decides to decline such offer refund the client in full within 30 days.

The Provider reserves the right to cancel an order for which payment has already been received. This may occur if stock has been discontinued or if it will make no commercial sense reasonably to continue with provision of the stock ordered. Should the Provider exercise this right, the User will receive a full refund with no deductions.

Any complaints regarding the standard and quality of the product or products bought by consumers through the e-commerce facility should be directed to the Devon Bosch ([email protected]).

16. Updating of these Terms and Conditions

Provider reserves the right to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon notice to the client in writing. All recurring Clients on the Provider’s database will be notified by way of a formal newsletter. All non-recurring clients will be notified by way of a formal notice posted on the website.

The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

17. Privacy: casual surfing

The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. Provider uses this information to determine use of the Website, and to improve Content thereon. Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.

18. Choice of Law

This Website is controlled, operated and administered by Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the Content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Witwatersrand High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.