- “day/days” means any day other than a Saturday. Sunday or official public holiday;
- “Data Protection Legislation” means any applicable data protection or data privacy laws applicable in South Africa from time to time;
- “Intellectual Property” means collectively all present and future intellectual property rights including, and whether registered or not, trade secrets, designs, Rights of Copyright, processes, techniques, technology and know-how;
- “Services” means Website Design and Development services;
- “CIS” or “Registrar” means Concept IT Solutions;
- “Domain Name” means the Domain Name in the Namespace, designated in the Application, and governed by the Agreement;
- “ICANN” means the Internet Corporation for Assigned Names and Numbers, a California non-profit, public benefit corporation;
- “Registrar Accreditation Agreement” means the agreement entered into between the Registrar and ICANN in terms of which the Registrar is accredited by ICANN as a registrar;
- “Registry” means ZA Central Registry NPC, a company registered in accordance with the laws of South Africa with registration number 1988/004299/08, its successors or permitted assigns;
- “Namespace” means the co.za, .web.za, .org.za, .net.za, .africa, .capetown, .joburg or .durban name space of the Internet as the case may be;
- “Registry-Registrar Agreement” means the agreement between the Registrar and the Registry in terms of which the Registrar is accredited as a registrar for a Namespace;
PROVISION OF SERVICES
CIS will provide Services on terms and conditions set out below.
The hosting services are offered without up time guarantees, unless specifically stated. Local hosting refers to the physical location, and not the IP traffic and/or network routing. This means that the hosting servers are physically located within the boundaries of South Africa. International Hosting refers to servers physically hosted outside the boundaries of South Africa. CIS is not responsible if an external company network and firewall is setup to block access to services that CIS provides. If a client’s network is setup to block certain ports or web addresses that compromise the services CIS provides it is the client’s responsibility to ensure that their network configurations are changed as necessary. Whilst we endeavor to keep a weekly backup of content, this can in no way be guaranteed.
The Domain Name will be delegated (registered) once it has been accepted and approved by the Registrar and the Registry and after payment of the relevant fees. The Domain Name registration will continue after the Effective Date for the period described in the Application unless it is transferred or otherwise deleted as described in this Agreement or one of the documents referred to in it. The Domain Name may be renewed upon payment of the relevant fees, and this Agreement will be renewed upon each renewal or other extension of the Domain Name’s registration period. It the Applicant wishes to transfer the Domain Name to another registrant (which is done by updating the domain name record), the Applicant must ensure that the new registrant has agreed to the terms of this Agreement. The Registrar will not give effect to the transfer until it has received confirmation of such agreement. The Registrar’s deletion and auto-renewal policy will not differ from the parameters set out in the Published Policies by the Registry. The Registrar will under no circumstances be liable if any Domain Name is deleted due to the Applicant’s failure to renew the Domain Name registration.
The Registry and Registrar give no warranties of any nature whatsoever with regard to the Domain Name, the registration or use thereof and hereby disclaim all such warranties, whether express or implied. Under no circumstances whatsoever will the Registry or Registrar be obliged to act as an arbiter of disputes arising out of the registration and use of the Domain Name. Should a third party (the “Complainant”), in contemplation of legal action against the Applicant in court or as described in clause 6.5, present the Registry or Registrar with prima facie evidence that indicates that the Domain Name violates the rights of the Complainant, then the Registry will be entitled to provide the Complainant with the Applicant’s name and contact particulars. All further communication will exclude the Registry and the Registrar, and who will have no further obligations to the Applicant or complainant. The Applicant accepts the jurisdiction of any dispute resolution mechanism established in respect of a Namespace by the Registry, ICANN or by applicable law, as the case may be, in disputes relating to the Domain Name, including the Uniform Domain Name Dispute Resolution Policy (“UDRP”) and the Uniform Rapid Suspension (“URS”), and agrees to be bound by any decision that may result.
SUPPLY OF MATERIALS
You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Any delay in supplying these materials may result in a delay in completion of services.
PROJECT DELAYS AND CLIENT LIABILITY
Any time frames or estimates that CIS may give are contingent upon your full co-operation and complete and final content in photography for the work pages. During development there is a certain amount of feedback required from you to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available daily to expedite the feedback process.
APPROVAL OF THE SERVICES
Upon completion of the Services, you will be notified as such and will be required to review the services. You must notify CIS in writing of any unsatisfactory points within 3 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 3-day review period will be deemed to have been approved.
WARRANTY BY YOU IN RESPECT OF INTELLECTUAL PROPERTY RIGHTS
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks, or any other material that you supply to us to include in your website or web applications. You must indemnify us and hold us harmless for any damages, fines or claims made against third parties arising from your use of the above-mentioned material related to the content of your website.
CIS performs basic search engine optimisation according to current best practice, does not guarantee any specific position in search engine results for your website.
CIS shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of the services, as well as arising from any cause whatsoever.
CIS undertakes to ensure that all and any of your protect-able interest will always be kept confidential.
Payment of the total agreed fee is payable to CIS by you on acceptance of the quotation, or online order. CIS reserves the right not to commence any work until the payment has been paid in full. Domain and Hosting renewal fees for the website and email packages shall be paid by you on a yearly basis (unless otherwise mentioned). The website hosting renewal costs are R1920, Email Hosting (co.za domains – R240), domain renewal: (co.za domains – R150 and .com domains – R200)
You will be invoiced for the annual renewal of your domain and hosting in month 11. Should you not wish to retain your services, you will be required to give notice in month 10 for the cancellation of your hosting services. Your website and hosting services will be terminated at the end of month 12. We accept all credit cards, and transactions are processed through PayFast. At no stage do we have access to your credit card details. In the case of a contract option, you will be billed R150 per year for domain renewal, and R200 per month for hosting for 36 months. Billing is strictly via PayFast.
In the event of special offers such as Black Friday, Cyber Monday, Mandela Day, or any other Promotions, only co.za domains are offered. Monthly offers will be subject to a 36-month contract. After the free hosting period is over, yearly domain renewal fees of R150, and monthly hosting fees of R200 will apply (unless otherwise stated). The website content and design remain property of Concept IT Solutions. All promotional offers will require that the client confirms whether they wish to continue hosting the domain in month 11, or else the domain will be not be renewed. In the event of PayFast not being used, an EFT payment for the full contract amount will be required. A 15% additional amount is required for cash or cheque deposits.
You agree to reimburse CIS for any additional expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, photographs, fonts, or comparable expenses.
This terms and conditions and any proposal will be construed according to and is governed by the laws of South Africa.
CROSS BROWSER COMPATIBILITY
You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify CIS from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
UPDATES, ADDITIONS, AND SECURITY FOR YOUR WEBSITE
All updates and additions to your website performed by CIS will be done so based on this terms and conditions. You are to email any required additions or updates for your website. You are entitled to additions to your website at no charge if you host your website with CIS. You will not be granted access to the back-end of your WordPress website for the duration of your contract. CIS takes all the security precautions on our client’s websites with regard to the relevant security plugins and website software updates (package dependent) as well as keeps its servers secure wherever possible. However, we cannot guarantee the prevention of hacks, viruses or unexpected data deletion and cannot be held liable for any such damages as a result.
TERMS SUBJECT TO CHANGE
CIS may amend the General Terms and Service Terms at any time. The amended versions will be posted on the Concept IT Solutions Website, and CIS will as soon as possible after posting the amendments make reasonable efforts to advise the Client of them by email. The Client also has a duty to duty to keep itself informed of the latest version of the above documents by accessing the CIS Website on a regular basis.