| 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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