1. PROVISION OF SERVICES
1. WEBONLINE has the facilities to host websites and related services on behalf of the CLIENT
2. The CLIENT wishes to host its website or related services on WEBONLINE’s servers and to connect to the Internet via such server on the terms and conditions of this Agreement.


2. AGREEMENT
1. The CLIENT agrees that data messages will be used to conclude this written agreement.
2. THE CLIENT shows his intent to agree with these terms and conditions or any amendment thereto, from time to time, by submitting the application form (data message) and further acknowledge that this agreement is a written agreement.
3. The CLIENT hereby confirms that he is the originator of the data message by sending it personally or that he/she is duly authorized to submit the application form.
4. Should WEBONLINE become aware that the CLIENT’S details are invalid or changed, without notifying WEBONLINE, the service may be suspended until the details are verified or updated.
5. The acceptable use policy is hereby specifically incorporated herein.


3. NEW SERVICE APPLICATIONS
1. WEBONLINE reserves the right to decline any new service application.
2. Submission of an online application form is no guarantee of acceptance by WEBONLINE.


4. CONFIDENTIAL PERSONAL INFORMATION
1. The CLIENT hereby gives his /her express written permission to WEBONLINE and WEBONLINE’s employees or agents to collect, collate, process or disclose any personal information on the CLIENT in performing all reasonable actions required to fulfill this agreement or any action that is permitted or required by law.
2. WEBONLINE undertakes to disclose in writing to the CLIENT the specific purpose for which any personal information is being requested, collected, collated, processed or stored, should the data be used for any other purpose than the disclosed purpose, unless WEBONLINE is permitted or required to do so by law.
3. WEBONLINE is allowed to use personal information to compile profiles for statistical purposes and may freely trade with such profiles and statistical data, as long as the profiles or statistical data cannot be linked to THE CLIENT.
4. The CLIENT hereby appoints WEBONLINE to be his/her agent to register domain names on his/her behalf. The CLIENT shall be bound to the terms and conditions, dispute resolution policies and any other conditions as set out by the domain name registry.
5. WEBONLINE shall only deal with THE CLIENT or THE CLIENT’S listed contacts, as appointed on the application form or via email. No information shall be provided to any third party unless an application is done in terms of the Promotion to access of Information act 2 of 2002.


5. CREDIT INFORMATION
1. THE CLIENT hereby authorises WEBONLINE to:
1. perform a credit check on THE CLIENT's credit profile with one or more of the Credit Bureaus when assessing THE CLIENT creditworthiness for the application for services;
2. monitor THE CLIENT's payment behaviour by researching their profile at one or more of the Credit Bureaus;
3. use new information and data obtained from one or more of the Credit Bureaus in respect of THE CLIENT's future service applications;
4. record the existence of THE CLIENT's account with one or more of the Credit Bureaus;
5. record and transmit details of how THE CLIENT has performed, and how the account is conducted by THE CLIENT in meeting their obligations on the account.


6. BILLING POLICY
1. Accounts must be paid on the due date.
2. The fee for the service is payable in advance.
3. The yearly domain renewal fee together with an administration fee will be deducted via debit order or credit card when it becomes due.
4. All account enquiries must be done via email or alternatively via registered post.
5. Enquires via FAX will not be accepted.
6. Account alterations shall only be accepted from the chosen email address provided by the CLIENT on the application form.


7. PAYMENT OPTIONS
1. WEBONLINE only accepts monthly payment via debit order or credit card.
2. WEBONLINE does not accept monthly payments via Electronic Funds Transfer or cash deposit.
3. The tariffs as set out in the hosting options and connectivity options and other related services are hereby specifically incorporated herein.


8. PAYMENT VIA DEBIT ORDER
1. THE CLIENT agrees that submission of bank account information to WEBONLINE constitutes authorisation by THE CLIENT or the CLIENT’S AGENT for WEBONLINE to debit the specified bank account for all fees owed THE CLIENT to WEBONLINE.
2. The debit orders normally run on the 1st day of each month or the first business day following the 1st of the month. (This may vary depending on public holidays and weekends.)
3. The first time the debit order runs, it will normally include a pro-rata hosting fee, a set-up and/or domain registration fee if applicable as well as next months hosting fee.
4. The debit order system closes on the 20th of each month. All account changes should reach WEBONLINE by the 18th of each month.
5. WEBONLINE normally runs one monthly debit order per account.
6. Debit orders that were combined into a single debit upon THE CLIENT's request will be "un-combined" upon the combined debit being returned.


9. PAYMENT VIA CREDIT CARD
1. THE CLIENT agrees that submission of credit card information to WEBONLINE constitutes authorisation by THE CLIENT for WEBONLINE to bill the specified credit card for all fees owed by THE CLIENT to WEBONLINE.
2. WEBONLINE will debit THE CLIENT's credit card on a monthly basis until the contract is cancelled.
3. THE CLIENT is responsible for informing WEBONLINE of any changes to THE CLIENT's credit card number or expiry date and shall be liable for default costs incurred should the details not be updated. The account will also be suspended as provided for in clause 11.


10. DEFAULT OF PAYMENT
1. Should THE CLIENT fail to make any payment on the due date, a certificate of indebtedness signed by a MEMBER of WebOnline CC whose appointment, qualification and authority need not be proved, shall serve as proof of the amount outstanding.
2. The certificate of indebtedness will be deemed a liquid document.
3. The CLIENT agrees to pay the following charges due to the default:
1. A service fee of R50.00 per month until the full outstanding amount is settled;
2. A default charge of R17.00 for each necessary letter written in connection with the overdue account plus a reasonable charge of R5.00 to cover the email costs or the stamp costs to send a letter by registered mail;
3. Interest will be calculated at 2% per month;
4. The service shall also be suspended immediately until payment is received as set out in clause 11.
4. After 20 business days, the agreement shall be deemed to be a incidental credit agreement.
5. THE CLIENT shall be listed on ITC Credit Bureau as a “default payer” or “delinquent”, “slow payer” or “absconded”;
6. Charges shall be deducted from the client’s bank account;
7. WEBONLINE shall provide THE CLIENT with a default notice to pay the full outstanding amount due;
8. If the CLIENT fails to respond to the default notice, within ten (10) business days or rejects the offer, WEBONLINE shall immediately proceed with legal action.
9. The agreement with THE CLIENT shall be cancelled and will result in deletion of THE CLIENT's (but not limited to) files, including email, backups, databases and domain name.


11. SUSPENSION AND UNSUSPENSIONS OF ACCOUNTS
1. The parties agree to define “suspension” in this agreement to mean that WEBONLINE can place a limitation on the functionality of the services of the client.
2. THE CLIENT's services may be immediately suspended on notification that an amount due was returned or declined.
3. No notice will be issued of WEBONLINE's intent to suspend a service.
4. WEBONLINE will not be held responsible for any damages, losses or claims as a result of a service being suspended.
5. THE CLIENT’s account shall be unsuspended when payment of all fees and charges due to WEBONLINE have been received.
6. The unsuspension shall only be attempted once payment is reflected in WEBONLINE’s bank account in Pretoria.
7. THE CLIENT shall be charged an unsuspension fee of R 100-00 to reconnect his service.
8. The unsuspension will be done at WEBONLINE’s discretion without unreasonable delay.
9. THE CLIENT is still responsible for the monthly fee while the service is suspended.


12. CONTENT LIABILITY AND INDEMNIFICATION
1. The CLIENT indemnifies the service provider for any losses or damages of any kind that the CLIENT may suffer including, but not limited to, those that may result from service interruption, delays or non-delivery.
2. THE CLIENT acknowledges that WEBONLINE does not regulate or take any responsibility for the content of THE CLIENT's page or for the security of THE CLIENT's password.
3. THE CLIENT will be liable for all costs and damages associated with allowing or facilitating a third party's access to WEBONLINE's infrastructure, servers, software, hardware or bandwidth.
4. THE CLIENT agrees to indemnify WEBONLINE 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 WEBONLINE.


13. WARRANTIES AND GUARANTEES
1. WEBONLINE makes no warranties or guarantees of any kind, whether express or implied, for the services to be provided hereunder.


14. INTELLECTUAL PROPERTY
1. THE CLIENT warrants that it has all rights necessary to lawfully submit any information or materials that it is uploading or transmitting to WEBONLINE, including all intellectual property rights.


15. CLIENT SUPPORT
1. THE CLIENT is entitled to email support free of charge.
2. THE CLIENT will be billed at WEBONLINE's standard hourly rate for all support provided due to issues not related directly to WEBONLINE, including without limitation, THE CLIENT's internet access, PC set-up or errors in THE CLIENT's code etc.
3. Support is only available during office, except on public holidays.
4. Support will only be available for Windows operating systems. Linux, MAC OS etc, will not be supported.


16. THE CLIENT's DATA
1. WEBONLINE shall make a reasonable effort to protect and backup data for THE CLIENT on a regular basis.
2. WEBONLINE is neither responsible nor liable:
1. for THE CLIENT's data. THE CLIENT is solely responsible for their independent backup of data stored on WEBONLINE's server and network;
2. for damages THE CLIENT may suffer should THE CLIENT or WEBONLINE fall victim to hacking, cracking, defacing of websites etc.;
3. for backing up mail;
4. for the age of the data on the backup. The data could vary in age from one (1) to thirty (30) days;
5. for the transfer of files from an existing service provider to WEBONLINE's servers when THE CLIENT transfers hosting providers;
6. regarding its ability to recover any lost file, regardless of how or why the file was lost.
3. Any mail account (POP3 or IMAP) that has mail that has not been retrieved (downloaded) from WEBONLINE's mail servers after 40 days, will be deleted.
4. No new mail will be delivered to THE CLIENT's mail-box if the size of your mail box exceeds the total disk space available on the chosen option.
5. WEBONLINE will remove all of THE CLIENT's data, email accounts, zone files etc, upon any DNS update confirmation received from a registrar when a domain is transferred away from WEBONLINE.
6. THE CLIENT will be charged at WEBONLINE's standard hourly fee for the recovery of data or the installation of, or re-installation of components or custom components including CGI scripts and FrontPage Server extensions. The fee will be added to THE CLIENT's debit order deduction or it may alternatively be paid for via credit card.
7. WEBONLINE will not guarantee that data can be retrieved from the backup copies.


17. VIRUS SCANNING OF EMAIL
1. WEBONLINE offers virus scanning on most of their mail servers.
2. WEBONLINE does not offer ANY GUARANTEES as to the effectiveness of this service and will not be held liable for any damage THE CLIENT may suffer as a result of receiving a virus.
3. The CLIENT may receive viruses in their mail from time to time.
4. Virus protection remains THE CLIENT's responsibility.
5. WEBONLINE reserves the right to terminate this service without notice.


18. UNSOLICITED EMAIL
1. WEBONLINE will make reasonable effort to block unsolicited email before it reaches THE CLIENT.
2. All active email accounts will receive unsolicited email from time to time.
3. WEBONLINE will not be held liable for "legitimate email" that may be blocked or lost as a result of the service.
4. WEBONLINE reserves the right to terminate this service without notice.


19. DOMAIN NAMES AND DOMAIN NAME DISPUTES
1. WEBONLINE shall administer domain names on behalf of the CLIENT on appointment.
2. All domain names are registered in THE CLIENTS name.
3. It is THE CLIENT's responsibility to:
1. ensure that the domain name is registered correctly at the relevant Registrar;
2. control their own domain name;
3. pay all yearly domain fees and renewal fees;
4. comply with the relevant Registrar’s terms of use;
5. ensure the transfer of their existing domain name to WEBONLINE. WEBONLINE will attempt to assist the CLIENT where possible however this clause does not confer any duty on WEBONLINE;
6. pay all costs related to such a transfer;
7. honour the service fee from the date of set-up on WEBONLINE's servers. WEBONLINE will not refund any fees should the CLIENT fail to make the necessary changes to their DNS settings or decide not to make the changes.
4. WEBONLINE will not be held liable:
1. for any disputes arising out of domain name registrations or hosting on behalf of THE CLIENT;
2. for damages in the event of a domain name not being registered or available for THE CLIENT's use.
3. for any losses or damages THE CLIENT may suffer due to a domain name being reallocated, transferred or deleted by any Domain Name Authority or NIC.
5. THE CLIENT hereby gives WEBONLINE an option to take ownership of any domain name upon cancellation by THE CLIENT should THE CLIENT not specify any action to be taken in regards to ownership or transfer of the domain name.
6. WEBONLINE will retain a lien against the domain name in the event of THE CLIENT's account not being settled upon termination of the hosting agreement.
7. THE CLIENT should cancel all services with WEBONLINE at least a calendar month before a domain name renewal to avoid a domain name being renewed.
8. WEBONLINE will not refund THE CLIENT for any domain name renewal fee already paid to the relevant registrar.
9. If a transfer of a domain name (or DNS information) is not successful on the first attempt, then the onus falls on THE CLIENT to continue with the transfer process.
10. THE CLIENT must submit a valid cancellation of the service, as set out in clause 24, in the event that THE CLIENT fails to complete the domain name transfer or DNS update.
11. A fee will be levied for all attempted domain transfers away from WEBONLINE that WEBONLINE declines.
12. WEBONLINE will not be held responsible for any delays caused by any Registrar.


20. DEDICATED SERVER HOSTING
1. WEBONLINE may host a server on THE CLIENTS behalf, at WEBONLINE's discretion, provided that the server conforms to the basic hardware and software requirements as defined by WEBONLINE as per specifications at the time of installation.
2. Software support is not included in this service.
3. The installation fee and first months hosting fee is payable upon activation of the server.
4. No access will be allowed to the server room.
5. WEBONLINE offers no uptime guarantee on any server in the server room and will not be held liable by any CLIENT for any damages THE CLIENT may suffer due to downtime.
6. WEBONLINE offers no guarantee on bandwidth in the server room and will not be held liable by any CLIENT for any damages THE CLIENT may suffer due to downtime.
7. WEBONLINE is not responsible for any equipment supplied by the CLIENT and will not be held liable for any damages the CLIENT may suffer.
8. THE CLIENT is liable for all costs as listed on WEBONLINE's price list, including all utilised bandwidth.
9. THE CLIENT agrees to an initial minimum twelve (12) month server hosting subscription.
10. THE CLIENT agrees to an indefinite subscription period after the initial twelve (12) month subscription, requiring a calendar month’s notice to cancel the service and cancellation must be done as set out in clause 24.


21. DIAL-UP, ADSL, WIRELESS and OTHER CONNECTIVITY SERVICES
1. WEBONLINE or WEBONLINE's nominated service providers shall not be liable for any claims arising from the use of this service. This includes, but is not limited to, telecommunication bills, lightning damage, malicious damage caused by hacking or viruses.
2. Refunds are not available. This includes, but is not limited to, claims arising due to non usage or excess usage of the services due to the failure of telecommunication lines or services or downtime associated, but not limited, to authentication services.
3. There is no pro-rata fee for the first months account. The full fee will be charged, irrespective of the day the service is activated.
4. THE CLIENT will be liable for additional usage charges in the event of the CLIENTs pre-determined usage limit being exceeded, irrespective as to the reason for such an over usage.
5. WEBONLINE makes no claims or guarantees as to availability of bandwidth, locally or internationally.
6. Static IP addresses, if available, remain the property of WEBONLINE or WEBONLINE's nominated service providers.
7. Charges for this service are subject to change without notice.
8. THE CLIENT agrees to a minimum subscription period of three (3) months.
9. Should THE CLIENT wish to cancel, after the initial subscription period, the procedure in terms of clause 24 shall apply.
10. Cancellations of the service must be effected before the 20th of the month.
11. Unused bandwidth is not carried over to the following month or any other period.


22. SMS SERVICES
1. WEBONLINE shall make reasonable efforts to make available a continuous uninterrupted, expedient and error-free service to the customer, subject to the following:
1. WEBONLINE shall not be held liable for any damages whatsoever (economical or otherwise) which the customer may suffer as a result of interruption of service(s).
2. The CLIENT is responsible for all the costs of SMS's sent via the CLIENT interface. This includes all SMS's sent by people "hacking" or "cracking" the CLIENTs code.
3. WEBONLINE shall not be liable for any claims arising:
1. from the use of the service or for any claims arising from the non-delivery of SMS's.
2. from the failure of any cellular phone network provider to perform its duty.
3. out of any damages suffered whatsoever (economical or otherwise) as a result of interruption of service(s).
4. WEBONLINE makes no claims or guarantees as to the delivery of SMS's sent via this service.
5. Unused SMS's are not transferred to the following month. Unused SMS's are therefore abandoned.
6. Charges for this service are subject to change without notice.


23. FAX TO EMAIL AND EMAIL TO FAX SERVICES
1. WEBONLINE shall make reasonable efforts to make available a continuous, uninterrupted, expedient and error-free service to the customer subject to the following:
1. The CLIENT is responsible for all costs of faxes sent via the CLIENTs email address. This includes all faxes sent by people "hacking" or "cracking" the CLIENTs code.
2. WEBONLINE shall not be liable:
1. for claims arising from the failure of any network provider or service provider to perform its duty.
2. for any damages whatsoever (economical or otherwise) which the customer may suffer as a result of interruption of service(s).
3. WEBONLINE makes no claims or guarantees as to the delivery or receipt of faxes sent via this service.
4. These services are only available within the borders of South Africa ("Locally").
5. Charges for this service are subject to change without notice.
6. Fax numbers remain the property of WEBONLINE or WEBONLINE's nominated service providers.
7. WEBONLINE reserves the right to cancel this service without notice.


24. CANCELLATION BY CLIENT
1. THE CLIENT may cancel this contract at any time by giving WEBONLINE no less than one calendar month's notification except where minimum subscription periods exist as set out in the relevant clauses.
2. The parties agree to define “calendar month” as a month starting on the 1st and ending on the last day of that month.
3. THE CLIENT must cancel the agreement personally.
4. The client shall cancel the account via a cancellation request and must include:
1. the reason for cancellation;
2. instructions as to the disposal of the domain name;
3. the date until which the service is required, taking into consideration clause 24.1;
4. A copy of the CLIENT's Identity Document must be attached to the cancellation request.
5. The notice period shall start upon WEBONLINE receiving a duly completed cancellation request from THE CLIENT. Granting of a shorter notice period is entirely at the discretion of WEBONLINE.
6. Such written cancellation must be submitted to WEBONLINE by FAX, registered mail or e-mail.
7. Cancellations via e-mail must be sent to cancellations@webonline.biz and must be sent from THE CLIENT's e-mail address on record.
8. Any cancellation request that does not fulfill these criteria may be deemed invalid and may not be processed.
5. THE CLIENT will be notified via e-mail, sent to the e-mail address on record, as soon as the cancellation has been processed whether the cancellation is successful or unsuccessful.
6. THE CLIENT enters into a separate agreement for each and every domain, therefore each agreement must be cancelled individually in accordance with this clause.
7. No credit or refund will be passed should THE CLIENT transfer their domain or services away from WEBONLINE during the cancellation notice period.


25. RE-ACTIVATION OF SERVICE
1. If the CLIENT re-applies for a service with WEBONLINE which was previously cancelled, the new agreement is subject to a six (6) months minimum subscription period.
2. The CLIENT shall therefore not be entitled to cancel or downgrade services for a minimum period of six (6) months on the services mentioned in paragraph 25.1
3. This clause can not be cancelled and shall apply after the cancellation of this agreement.


26. ARBITRATION, AND FEES
1. The parties agree to refer any dispute that may arise out of this agreement or relating to the agreement for arbitration. The ARBITRATION ACT 42 OF 1965 shall apply where the parties have not expressly agreed otherwise.
2. In the event of any dispute arising out of or relating to this agreement, such dispute shall be resolved in PRETORIA, South Africa.
3. The parties agree to appoint a practicing attorney or advocate to act as arbiter, should they fail to agree on the appointment of an arbiter within seven (7) days after receiving notification of a parties intent to refer the matter for arbitration, the party initiating the arbitration shall apply to the Law Society of the Northern Provinces or Bar Council of Pretoria, to provide three (3) nominations for an arbiter and if the parties cannot agree on one of the nominations within seven (7) days from date thereof, the Chairman of the respective bodies shall appoint an arbiter.
4. WEBONLINE shall be entitled to claim costs on a scale of attorney and own client.
5. This agreement shall be governed by the laws of the Republic of South Africa.


27. DOMICILLIUM CITANDI ET EXECUTANDI
1. The CLIENT chooses the address submitted on the application form to be the address where notices in relation to this agreement shall be served.
2. A notice which is sent by prepaid registered post in a correctly addressed envelope to the address submitted online will be deemed to have been received within seven (7) days from the date it was posted.
3. A notice which is delivered by hand to a responsible person will be deemed to have been received on the day it was delivered.
4. The CLIENT shall be entitled to amend his address by giving seven (7) days written notice of a change in his domicillium address by registered post or by sending an email to accounts@webonline.biz from his email address provided in the application form.


28. GENERAL TERMS
1. This represents the complete agreement and understanding between WEBONLINE and THE CLIENT.
2. No relaxation of the terms of this agreement and no indulgence which one party may grant to the other will in any way operate as an estoppel against the former party or be deemed to be a waiver of their rights, or in any other way limit, alter, or prejudice those rights.
3. 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.
4. THE CLIENT certifies that he/she is of legal age in the country of his/her residence to enter into this agreement.


29. AMENDMENTS TO THESE TERMS AND CONDITIONS
1. These Terms and Conditions may be amended from time to time in writing.
2. An amendment will only be binding on WEBONLINE if such amendment was concluded between a MEMBER of WEBONLINE CC and THE CLIENT or by written authorisation from a MEMBER of WEBONLINE to a specified employee of WEBONLINE.
3. WEBONLINE will notify THE CLIENT of any amendment by presenting THE CLIENT with an alert on the WEBONLINE website (http://www.webonline.biz/tac) that describes the changes.
4. Those changes will go into effect thirty (30) days after the alert is first posted. THE CLIENT'S continued use of WEBONLINE's services signifies THE CLIENT's acceptance of the changes.
5. These Terms and Conditions will always be available to THE CLIENT on this page. (http://www.webonline.biz/tac)
6. All objections to alterations of the Terms and Conditions should reach WEBONLINE via registered post not later that forty five (45) days after the notification has been posted on the WEBONLINE website.
7. THE CLIENT is responsible for visiting WEBONLINE's website on a monthly basis, so that THE CLIENT may be made aware of any notices posted in this regards.

Version: 2.00 (Dated: 22 August 2008)