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This Customer Service
Agreement has been drawn up to tie in with legal requirements and
set requirements of our service providers. This service agreement
is an agreement between you (the Account Holder) and NetSA.
Please read this customer
service agreement as it constitutes the contract between you (the
Account Holder) and NetSA regarding your use of NetSA's Internet
hosting service. This Agreement governs the terms and conditions
under which NetSA makes the services available to individual consumers
or small businesses through a personal computer or similar access.
Under this Agreement, you must comply with NetSA's then current
Acceptable Use Policy.
PLEASE READ THESE
TERMS AND CONDITIONS CAREFULLY.
- NetSA will host an
account for you, the purchaser (hereafter referred to as the Account
Holder), for the Account Holder's chosen domain name, on a month
to month basis. This contract will be automatically renewed at
the end of the month and each successive month, unless terminated.
- Should the Account
Holder decide to cancel within the initial 30 days after signing
up, they will receive a full refund of hosting charges. Domain
registration fees will not be refunded as the domain will remain
yours for the period you registered it for (normally 1 (one) year
on a .co.za name). If the account holder cancels after the time
period specified, there will be no refund given.
- Beyond the first
30 days, NetSA requires notification of non-renewal with at least
14 days notice. You must have all account information to cancel
and send your notification via email to accounts@netsa.co.za
If you do not provide this notice, you will be charged for the
next months hosting irrespective of whether you use it or not.
There are no exceptions to this rule.
- The onus is on the
Account holder to ensure that allotted resource limits (such as,
but not limited to bandwidth or diskspace) are not exceeded. Should
any of these limits exceed the allotted limits, additional fees
will be applied. (For the relevant charges, please see the optional
extras page). In the case of resource exhaustion accounts will
not be suspended automatically unless specified by the account
holder
- Payment for hosting
services is only accepted in advance and no back charges will
be granted.
- If an account holder's
account becomes overdue, a notice of non receipt of payment will
be sent after seven days. If then, no payment is received within
the next seven days, the account will be suspended. Interest will
accrue on the overdue account at a rate of 10% per month until
the outstanding balance is paid in full. Suspended accounts will
only be reactivated upon payment in full of all monies due, inclusive
of a R300.00 administration fee.
- NetSA reserves the
right to hand over an Account Holder's account that is overdue
for 30 days to an outside collection agency. At that time the
account holder will incur a R300 collection fee added to the balance
previously due.
- In the event mentioned
in point 7 above, you agree to NetSA's right to place a "not
active" page on your domain. Furthermore you agree that suspension
of your domain will remain unchanged until full payment for the
outstanding balance on your account has been received by NetSA.
- NetSA reserves the
right to temporarily deny service or terminate this Agreement
upon the failure of Account Holder to pay charges when they become
due. Such termination or denial will not relieve the Account Holder
of responsibility for the payment of all accrued charges, plus
reasonable interest and any collection fees.
- The Account Holder
acknowledges that the full nature of the service furnished and
the initial rates and charges have been communicated to him/her.
- NetSA reserves the
right to change all specified rates and charges from time to time.
- The Account Holder's
rights and privileges under this Agreement cannot be sold or transferred
without the prior written consent of NetSA.
- The Web Hosting Internet
account and related electronic services can only be used for legal
purposes under all applicable international, federal, provincial,
and municipal laws.
- The Account Holder
agrees not to store, transmit, link to, advertise or make available
any images containing pornography or material that may be deemed
undesirable. Violations of these or any other provisions of this
Agreement may result in termination of the services provided by
NetSA.
- NetSA reserves the
right to refuse service if any of the content within, or any links
from, the Account Holder's website is deemed illegal, misleading,
or obscene, or is otherwise in breach of NetSA's then current
Acceptable Use Policy.
- The content of the
Account Holder's website is the sole responsibility of the Account
Holder. The Account Holder agrees to indemnify and hold harmless
NetSA from any and all claims, losses, damages, liabilities, judgments,
or settlements, including reasonable attorney's fees, costs, and
other expenses incurred by NetSA related to or in connection with
the content of the Account Holder's website.
- The account is granted
on the agreement of the Account Holder to follow generally accepted
rules of Internet etiquette when sending e-mail messages or posting
to newsgroups.
- NetSA will not change
passwords to any account without proof of identification, as specified
by NetSA.
- The Account Holder
agrees not to harm NetSA, its service providers, its reputation,
computer systems, programming and/or other persons using NetSA's
services.
- Services provided
by NetSA are provided on a shared server. This means that one
website will not be permitted to overwhelm the server with heavy
CPU usage, for example from the use of highly active CGI scripts
or chat scripts. If the Account Holder's website overwhelms the
server and causes complaints from other users, the Account Holder
has outgrown the realm of shared servers, and will need to relocate
its website. NetSA will refund any unused portion of prepaid services.
If the Account Holder refuses to comply with this Section, then
NetSA has the right to terminate the services provided to the
Account Holder without any refunds
- Account Holder will
be responsible for all the contents of advertising and the actions
of third parties with regards to advertising that the Account
Holder sold on his hosted site. NetSA has the absolute right to
reject any advertising or other third party content that is illegal,
offensive or otherwise in breach of the then current
NetSA Acceptable Use Policy.
- The e-mail distribution
by the Account Holder of SPAM, JUNK MAIL, or UNSOLICITED COMMERCIAL
E-MAIL, is expressly prohibited.
- NetSA together with
their service providers will endeavor at all times to maintain
a full time Internet presence for the account holder. The Account
Holder hereby acknowledges that the network may, at various time
intervals, be down due, but not restricted to, utility interruption,
equipment failure, natural disaster, acts of God, or human error.
In no event shall NetSA be liable to the Account Holder for any
damages resulting from or related to any failure or delay of NetSA
in providing access to the Internet under this Agreement.
- NetSA's services
are provided on an as is, as available basis without warranties
of any kind, either express or implied, including, but not limited
to, warranties of merchantability, fitness for a particular purpose
or non-infringement. NetSA expressly disclaims any representation
or warranty that the NetSA services will be error-free, secure
or uninterrupted. No oral advice or written information given
by NetSA, its employees, licensors of the like, will create a
warranty; nor may you rely on any such information or advice.
- If NetSA assigns
the Account Holder an Internet Protocol address in connection
with the Account Holder's use of the NetSA services, the right
to use that Internet Protocol address will remain with and belong
only to NetSA , and the Account Holder will have no right to use
that Internet Protocol address except as allowed by NetSA in its
sole and absolute discretion
- The full responsibility
of all passwords and other related sensitive information is assumed
by the account holder, should any additional fees arise from resource
consumption due to poor credentials (such as, but not limited
to blank passwords or "test" accounts) no fault shall
be levied on NetSA. The Account Holder is responsible for maintaining
the confidentiality of his/her password. In the event of a breach
of security through the Account Holder's account, the Account
Holder will be liable for any unauthorized use of NetSA services,
including any damages resulting there from, until the Account
Holder notifies NetSA's customer service.
- NetSA reserves the
right to decide what it considers pornography or undesirable materials.
If you are unsure about the approval of your site, please contact
us before placing an order.
- A NetSA account may
not be transferred without prior written approval from NetSA.
- The parties shall
attempt to resolve all disputes arising out of this Agreement
in a spirit of cooperation and with a problem-solving mindset,
without formal proceedings. Any dispute, which cannot be so resolved,
shall be subject to binding arbitration upon the written demand
of either party. Arbitration shall take place in South Africa.
- NetSA reserves the
right to include the Account Holder's name and contact information
in directories of NetSA's service subscribers for the purpose
promoting the use of the services by additional potential clients.
However, NetSA is not authorized to print the Account Holder's
name, trademarks or other identifying information in any other
advertising or promotional materials without the prior written
consent of the Account Holder.
- The interpretation
and enforcement of this Agreement shall be governed according
the laws of the Republic of South Africa (excluding its choice
of law rules). The Account Holder hereby consents to personal
jurisdiction in the federal and provincial courts of South Africa
for any action arising out of or relating to the Account Holder's
use of the NetSA services.
- The Account Holder
agrees that NetSA may establish limits concerning use of any NetSA
service offered on any NetSA web site, including without limitation
the maximum number of days that e-mail messages will be retained
by any NetSA service, the maximum number of e-mail messages that
may be sent from or received by an account on any NetSA service,
the maximum size of an e-mail message that may be sent from or
received by an account on any NetSA service, the maximum disk
space that will be allotted on NetSA's servers on your behalf
.The Account Holder further acknowledges that the features (for
example, the amount of storage available to users) or existence
of any NetSA service may change at any time.
- Why does NetSA have
a policy banning pornography and undesirable materials?
- We are committed
to our service providers with regards to limits on bandwidth
and resources
- Some of the smaller
adult sites get around 5 GB of transfer per day. With these
types of resources being utilized, our servers would be severely
slowed if we allowed these high traffic sites to also reside
on our servers.
- It is against
our moral standards.
- NetSA reserves the
right to add, delete, or modify any provision of this Policy at
any time without notice.
- Please report any
abuse: Report any violations of NetSA's policy by contacting NetSA
Abuse
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