Terms & Conditions
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1. AGREEMENT

In this Web Hosting Service Agreement ("Agreement") "you" and "your" refer to each customer, "we", us" and "our" refer to Wizardworx. "Services" refers to the services provided by us, including our web hosting and domain name registration services. This Agreement explains our obligations to you, and explains your obligations to us for various Services. By selecting our Services you have agreed to establish an account with us for such Services. When you use your account to purchase or otherwise acquire access to additional Services or to cancel your Services, this Agreement covers such services or actions. By using the Services under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and any pertinent rules or policies that are or may be published by us.

2. PACKAGES

Wizardworx reserves the right to adjust service charges and package specifications at their sole discretion.

3. FEES, PAYMENT AND TERM

As consideration for the services you have selected, you agree to pay us the applicable Service(s) fees. All fees payable hereunder are non-refundable. As further consideration for the Services, you agree to: (1) provide current, complete and accurate information about you as required by the registration process and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as “Account information”. By submitting to this Agreement, you represent that the statements you have made are true and you will not use our Services for any unlawful purpose.

a. INVOICING

All packages are payable on a monthly accrued basis. Invoices will be sent to customers on the 1st of each month. Invoices are payable within seven consecutive days of date of invoice. Tardy payments will attract a late payment fee of R50 per month.

b. CANCELLATION

The Agreement shall continue indefinitely and shall be terminable upon the expiry of 30 calendar days written notice by you. Wizardworx reserves the right to terminate services with immediate effect (refer to clause 15) and you will be required to pay any outstanding charges owed. Domain name registrations CANNOT be cancelled. As the purchaser of the domain name, you are the domain name's owner until the term of the domain name's registration has expired. This is subject to the terms underlined in section 19 (notices).

c. BILLING DISPUTES AND BANK CHARGE BACKS

All bank disputes and bank issued charge backs are for your own account and will be included in the subsequent month’s invoice.

d. SERVICE CHANGES

There are no charges for changing your website hosting package to that of another Wizardworx package. However, package changes will be effective from the first working day of the month subsequent to request of change.

4. BILLING FOR ADDITIONAL FILE TRANSFERS

Wizardworx automatically bills customers for excess file transfer ("bandwidth") usage. Customers are allocated a set amount of file transfer with their hosting service as detailed in section 2 above. You can monitor your bandwidth usage on the cpanel. If you exceed the bandwidth allocated to you as part of your package, your account will be temporarily unavailable until either a new month has started, or you have paid for extra bandwidth.

5. USER CODE OF CONDUCT

You are solely responsible for the contents of your transmissions through Wizardworx.

Wizardworx services may be used for lawful purposes only. Your use of the Wizardworx Service(s) is subject to all applicable local, state, national and international laws and regulations.

Any attempts to undermine or cause harm to a Wizardworx's and / or customers’ servers are strictly prohibited. While using the service, you may not :

You agree to not transmit unsolicited or prohibited advertising or other harassing or illegal materials through electronic mail or other internet media. The use of Wizardworx, or any other service with reference to services obtained through Wizardworx, for solicited mass mailings, postings, or other activities considered an annoyance to others (commonly referred to as “spamming”) is strictly prohibited and may cause your services to be terminated immediately without warning and you will be held fully responsible for any damages to you, Wizardworx, or any other party or parties resulting from such conduct.

You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorised for, and impairing the availability, reliability, or quality of service for other customers. You further agree not to interfere with the proper operation of other systems reachable through the internet, including any attempt at unauthorised access. You agree to follow the Acceptable Use Policy of any network or service you connect to.

You agree to adhere to system policies as contained in this Agreement or published online by Wizardworx, including restrictions on services available with each account type, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of Services rendered by Wizardworx. You agree to abide by any and all future Wizardworx policy decisions.

6. SECURITY

You agree that the security of your account is solely your own responsibility. You further agree that if you believe the security of your account has been compromised in any way, you will notify Wizardworx immediately. You shall be held fully responsible for any misuse or compromise to your account for which Wizardworx is not properly notified (refer to section 19 for proper notification procedure). You agree that if any security violations are believed to have occurred in association with your account, Wizardworx has the right to suspend access to the account pending an investigation and resolution. You also agree that Wizardworx has the right to cooperate in any government or legal investigation regarding any aspect of our Services, including services sold to you.

7. BACK UP OF DATA

Your use of the Service is at your sole risk. Wizardworx is not responsible for files and 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 Wizardworx servers.

8. COPYRIGHT VIOLATIONS & INTELLECTUAL PROPERTY VIOLATIONS

You agree not to engage in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, you agree to not engage in activity that violates privacy, publicity, or other personal rights of others. Wizardworx is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Wizardworx's policy to terminate the privileges of customers who commit repeat violations of copyright laws.

9. MODIFICATIONS TO AGREEMENT

You agree, during the period of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and (2) change the Services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the Service(s) on our website, or on notification to you by e-mail or regular mail. You agree to review our website, including the Agreement, periodically to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice (refer to section 19). You agree that, by continuing to use the Services following notice of any revision to this Agreement or change in service(s), you abide by any such revisions or changes.

10. ANNOUNCEMENTS

We reserve the right to distribute information to you that is pertinent to the quality or operation of our services. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products and Services offered by Wizardworx or third parties or other information to add security or to enhance your identity on the Internet.

11. LIMITATION OF LIABILITY

You understand that by placing information on Wizardworx servers that such information becomes available to all internet users and that Wizardworx has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of Wizardworx servers and the internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through Wizardworx or on the internet generally.

You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). Our contractors and we shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (5) loss or liability resulting from the development or interruption of your Website or email service; (6) loss or liability caused by viruses, hackers or acts of external parties; (7) loss or liability resulting from loss of data on websites. You agree that we will not be liable for 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, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.

12. INDEMNITY

You agree to release, defend, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, penalties, losses, damages, costs, claims and expenses, including attorney's fees, of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you, or someone else using the E-mail Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in immediate termination of our Services to you. This indemnification and hold harmless Agreement extends to all issues associated with your account, including but not limited to domain name selection and website content.

13. BREACH

Your failure to meet or follow any of the Terms and Conditions set forth by Wizardworx is grounds for account deactivation. Wizardworx will have no responsibility to notify any third party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. Wizardworx will be the sole arbiter as to what constitutes a violation of its Terms and Conditions. Wizardworx reserves the right to remove any account without prior notice. You agree that Wizardworx has the right to monitor the service electronically from time to time and when Wizardworx becomes aware of an alleged violation of its Terms and Conditions, Wizardworx will initiate an investigation. During the investigation, Wizardworx may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Wizardworx may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offence, Wizardworx will notify the appropriate law enforcement authorities of such violation.

14. NO GUARANTEE

You agree that, by registration or reservation of your chosen domain name, such registration or reservation does not confer immunity from objection to the registration, reservation, or use of the domain name.

15. RIGHT OF REFUSAL

We, in our sole discretion, reserve the right to refuse to host your website or register you for other Services, or to terminate the Services we provide you within thirty (30) calendar days from receipt of your payment for such services. You agree that we shall not be liable to you for loss or damages that may result from our refusal to host your website or register you for other Services.

16. SEVERABILITY

You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.

17. NON-AGENCY

Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

18. NON-WAIVER

Our failure to require performance by you of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

19. NOTICES

Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to be given when the sender has obtained an electronic confirmation of delivery. E-mail confirmation of receipt shall be sent to you at the e-mail address you have provided. Mail should be sent to : The Hostmaster, Wizardworx, P O Box 652508, Benmore, 2010. Any mail correspondence from Wizardworx shall be sent to you at the mailing address you have provided.

20. ENTIRETY

You agree that this Agreement and the rules and policies published by us are the complete and exclusive Agreement between you and us regarding our Services. This Agreement supersedes all prior Agreements and understandings, whether established by custom, practice, policy or precedent.

21. GOVERNING LAW

THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE REPUBLIC OF SOUTH AFRICA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN JOHANNESBURG, GAUTENG, SOUTH AFRICA AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.

22. INFANCY

You attest that you are of legal age to enter into this Agreement.