General

These terms and conditions govern the use of all services offered by TMS Internet Connect Reffered to as ( Internet Connect).

By entering into any service proved by Internet Connect you will be lawfully regarded as having agreed to your use of the services specified being governed by this Agreement.

The customer or the customer's agent certifies that he/she is above the age of 18 years, has full contractual capacity and is duly authorised by the Applicant to contract on the Applicant's behalf.

Payment and payment terms

Service fees are payable to Internet Connect monthly in advance by way of debit order, or such other manner as agreed upon, on the last working day of each and every calendar month.
Billing will commence on the date on which service provision commences.( ie: if services entered into after the 15th of the month, Prorata charges will be in effect for the remainding of that calender month)

Terms and Termination

Internet Connect only operates month-to-month contracts (cancellable on 30 days' written notice and on or before the 23th of every month).

Any cancellations made during the period 24th to the last working day of the month will be billed for the next proceeding month in full.

Internet Connect reserves the right to terminate this Agreement and any service provision to a customer where there is a breach of these Terms of Use but undertakes to act reasonably in doing so.

The customer acknowledges that Internet Connect may terminate this agreement by written notice and without liability, The customer agrees that all communication will be on the details provided during the signup process and the email address used during the signup will be the preffered communication method.

Web Traffic

Subscribers should note that Traffic on all Hosting Packages are for a single current month and Traffic not utillised during the relevant period is not carried over and is lost. All Packages will then be re-allocated bandwidth at the commencement of the next month.

Monitoring of usage

Internet Connect takes steps to monitor the bandwidth usage of Websites so as to ensure that website bandwidth limitations are not exceeded.

Where a subscriber exceeds the bandwidth allocated then:

  • Internet Connect, at its sole discretion, may allow a degree of overusage
  • Such allowed overusage constitutes a discretionary indulgence and shall not in any manner constitute a waiver of Internet Connect`s rights to enforce a suspension.
  • Internet Connect may, at its sole discretion, recover the cost of the overusage.

NOTWITHSTANDING THE MONITORING OF USAGE THE SUBSCRIBER AGREES THAT THEY REMAIN SOLELY RESPONSIBLE FOR ENSURING THAT THEY DO NOT EXCEED THEIR ALLOWABLE BANDWIDTH DURING ANY APPLICABLE PERIOD or take furthur steps in Upgrading their Packages.

Internet Connect also monitors its systems for performance and accounting purposes. The information gained thereby and by any other means may be used to ensure that the Terms of Use are being complied with.

Domain Registration

Internet Connect registers domains on the Internet through the relevant governing bodies and hosts websites and related material on the Internet Connect server(s) on behalf of customers. These terms and conditions apply to the use and registration of domain names and the web hosting services offered by Internet Connect.

Initial Set-up fees are non-refundable. Domain Name Registration fees constitute a once-off payment subject to annual or relevant renewal charges.

Free Domain Registration

Your free domain registration is provided with the clear assumption that you intend to host with Internet Connect for the foreseeable future. If your intention is to just use our services to have your domain registered and then immediately cancel your hosting account then we will not pay for your registration and all costs including the domain registration fees will become emmediately payable to InternetConnect.

Our hosting and free registration is sold as a bundled package and cannot be separated, i.e. we will not pay for your registration if it is not combined with any of our hosting accounts.

Internet Connect will not tolerate any intended abuse of our free registration policy. Any such abuse will result in the immediate termination of your account and Service Agreement and possibly result in that domain name being with held in our database until all cost are recovered.

Cancellation

A cancellation request in respect of any Domain Registration, Web Hosting service must be completed via the Client Zone http://www.clientzone.internetconnect.co.za/ one calendar month (30 days) before the date of ceasing the service with cut-off for every month being the 23rd.

Internet Connect reserves its rights to change its prices at any time on reasonable notice. Internet Connect reserves the right to stop offering certain web hosting package types if it deems it necessary. Internet Connect will then either provide the web hosting service for the remainder of the time that has been paid for or refund the amount paid for that specific package.

Payment and payment terms

The amounts owing for the initial month will be pro-rated from the date of Application to the end of the initial month and shall be added to the first debit at the end of the subsequent month. Customer shall ensure that there are sufficient funds in the account, details of which have been supplied to Internet Connect to cover such amount.

In the event that a debit order amount is recalled due to incorrect information supplied by customer or due to insufficient funds in the customer's bank account the hosting of the website will be immediately suspended.

In the case of a website being suspended due to non-payment a reconnection fee of R150.00 will be payable before the website is unsuspended.

In the case of an annual or biannual web hosting account being terminated by the client before their prepaid hosting term ends there will be a calendar month notice period and a R100 administration fee charged.

Internet Connect may record the existence of the customer's account with a Credit Bureau.

Internet Connect may record and transmit details of how the customer has performed to a Credit Bureau, and how the account is conducted by the customer in meeting their obligations on the account.

Registration and use of Domain Names

Internet Connect has not and does not conduct pre-registration searches in respect of the customer's use and registration of its selected Domain Name/s and is therefore not obliged to either advise the Domain Name customer/customer about possible conflicting third party rights or to take steps to ensure against possible disputes concerning a third party's intellectual property or other rights.

The use or registration of the Domain Name by customer does not interfere with nor infringe the rights of any third party in any jurisdiction with respect to trademark, service mark, tradename, company name, close corporation name, copyright nor any other intellectual property right, and that customer has the right to use the Domain Name as requested.

Internet Connect cannot act as an arbiter of disputes arising out of the registration and use of Domain Names. At the same time, customer acknowledges that Internet Connect may be presented with evidence that a Domain Name registered by customer violates the rights of a third party. In such instance Internet Connect shall be allowed to provide a complainant with customer 's name and address and all further communication will exclude Internet Connect and Internet Connect will have no further obligations to the customer. In such instance customer shall be entitled to continue using the Domain Name registered for customer by Internet Connect until a court or other body with jurisdiction directs otherwise.

Hosting services

Internet Connect reserves the right at its sole discretion to suspend and remove any content that does not comply with South African Laws or any website which delivers any spam, viruses or any other material deemed not fit and appropiate content including websites that utilize search indexing scripts which slow down server processors.

Internet Connect does NOT provide SMTP mail services by default with any hosting packages. These are available on request.

Internet Connect reserves the right to suggest suitable alternatives to the customer and / or charge for excessive traffic as it deems necessary at its sole discretion.

Internet Connect reserves the right to suggest suitable alternatives to the customer for excessive Web Server Processor usage as it deems necessary at its sole discretion.

Internet Connect reserves the right to move a website between web servers and internet backbones, both within South Africa and internationally as it deems necessary. If a customer moves in excess of 2 GB traffic monthly then the customer will be contacted and various options will be presented.

Internet Connect reserves the right (but does not assume any obligation) to inspect the contents of data that the customer transmits, receives or stores on an Internet Connect Server to ensure compliance with this Agreement or any applicable laws regulations or codes of practice.

Referral Programme

Users may only use the programme to refer other people. Users that try to refer themselves via other accounts setup using spoofing methods will not receive their respective discounts.

Should a referred user decide to cancel their services within three months of signup, their referrer will forfeit their referral credit.

Disclaimers, Limitations and Indemnities

Internet Connect will not be liable for any loss or damage, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, delict, or otherwise which may be suffered as a result of or which may be attributable, directly or indirectly, to the use and/or registration of the Customer's selected domain names/s or any action taken by Internet Connect in response to the domain registration services which we offer.

The Customer hereby indemnifies and holds harmless Internet Connect against any loss whatsoever arising from any dispute or claim or other action occasioned by the Customer's use and registration of its selected Domain Name, even if Internet Connect has been advised of the possibility of such damages;

Internet Connect will not be liable for any indirect or consequential loss, damage, cost or expense of any kind, irrespective of how such damage or loss was caused, whether arising under contract, delict or otherwise, including, and not limited to, data loss or corruption, loss of profits, contracts, operation time and goodwill.

Neither Internet Connect, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that Internet Connect Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Internet Connect`s Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Internet Connect Server service, unless otherwise expressly stated in this Agreement.

Internet Connect expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Internet Connect specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

Internet Connect is not responsible if an external company network and firewall is setup to block access to services Internet Connect provides. If a client's network is setup to block certain ports or web addresses that compromise the services Internet Connect provides it is the client's responsibility to ensure that their network configurations are changed as necessary.

99% Website Uptime Guarantee

The 99% website uptime guarantee is applicable only if the web server on which a customer 's shared web hosting account resides crashes or goes down at an unscheduled time. This guarantee is not valid if there is any network problem between the customer and the web server which prevents the customer from seeing the web server, e.g. if the customer 's ISP's link to Internet Solutions (IS) goes down or is faulty, but the web server Internet Connect`s hosts is still up we are not responsible for the customer not being able to reach their website.

 

Client Risk

Internet Connect will exercise no control whatsoever over the content of the material hosted on, or the information passing through our network and in no way moderates such content.

Customer expressly agrees that use of our Server(s) and Services are at customer's sole risk.

Internet Connect is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our web servers, including e-mail, databases and site content.

Limitation on mail size

Individual mail sent to the customer's POP3/IMAP box or forwarded to the customer's existing email address may be limited to 3000kB in size each.

Refusal of services based on network, domain and/or equipment identifiers

We reserve the right to refuse domain and hosting services based on network, domain and/or equipment identifiers.

Termination

Should customer breach of any of the terms and conditions contained herein, including but not specifically limited to the payment terms, We the reserve right (solely at our discretion) to immediately demand payment of the full amount owing and demand compliance forthwith with all the terms and conditions, alternatively to terminate the agreement and services forthwith, in either instance without in any way derogating from any common law, contractual and or delictual rights which We may have.

We reserve the right to suspend or terminate the service of any customer that does not comply with the terms and conditions, Acceptable Use Policy, Acceptable Hosting Policy or any other contractual obligations.

General provisions

Customer confirms that all statements made in this application are true and correct. Internet Connect reserves the right to request proof thereof.

Any disputes arising in relation to this application or the supporting documents shall be governed by the applicable laws of the Republic of South Africa. .

We reserve the right to remove any content hosted by that member which it considers illegal or for which it has received a take-down notice.

Domain Registrar terms and conditions

In addition to the above the following terms and conditions are applied by the relevant domain registrars for the following domains:

 

These terms were last updated on 31 July 2012

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