Terms of Use.

 

Important Notice:
Regardless of what services the Client sources from NSPE, whether or not the client signs an agreement or contract, any invoiced and/or monthly/yearly services rendered shall be deem as a signed contact/agreement and the Terms and Conditions will fully apply.


NSPE is registered as Natural Solutions PE [Pty] Ltd. Products and / or services offered by NSPE may include, but are not limited to, hosting, dedicated servers, website designer and hoster, an online shopping cart that can be integrated into an existing website, blogs, and social media integration where applicable. NSPE reserves the right, in its sole and absolute discretion, to make changes from time to time, and without prior notice, regarding the products or services, that are offered on the website, and as to how they are offered.

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Between: NSPE (the ‘Provider’), the client (the ‘Customer’) and the client’s customers (the 'End User')

This agreement is between NSPE (Natural Solutions PE [Pty] Ltd. ), whom shall hereinafter be referred to as the ‘Provider’, and the client’s Duly Authorized Person / Company / Entity / Signatory whom shall hereinafter be referred to as the ‘Customer’. By using the Provider’s internet, e-business & e-commerce solutions, website, hosting, design or any other services that the Provider may offer from time to time, the Customer agrees to the following Terms and Conditions.

 

Any conduct that violates South African Law, regulatory conditions, and / or the accepted Netiquette on the internet, is expressly prohibited.

These Terms and Conditions, although may be edited at the sole discretion of NSPE and be edited without notice, shall apply to ALL business relations, whether a contract/agreement was signed or not. In a case of an agreement/contract signed with NSPE, and the agreement/contract reflects some Terms and Conditions, these Terms and Conditions shall apply at all times.
 

 

Account Information:

1. Subject to the provisions herein, the account will be opened upon receipt of an initial Customer Deposit, and a completed Order Form received from the Provider’s website.

2. This term of the agreement shall remain in force for successive monthly / quarterly / bi-annual / yearly periods as agreed at the then applicable rates or fees, unless Written Notice of Cancellation is received before the new invoice is generated (normally 25th) from the Customer giving 1 (one) calendar months’ notice for termination of the said Customer’s services. In a case of a yearly renewal, a cancellation notice must be given before the invoice is generated or it will only be in effect at the end of the 'new' year's subscription/service invoice. No cancellation will be accept after invoice(s) generated or the account is overdue. 

3. This amount is non-refundable and is applicable to all services supplied by the Provider.

   • Hosting Service Only: A refund is only applicable should the services be cancelled within the Provider’s Money Back Guarantee period.

   • Please Note: that the refund is only applicable to the Hosting Service, and is NOT applicable to any of the Provider's other services, including the Provider’s Domain Registration service or ADSL services.

4. The agreement for services rendered shall continue indefinitely and shall terminate on the expiry of the said Written Notice (refer above).

5. Should the Customer enter into a specified fixed contract (bi-annually or annually) for services rendered, then that agreement shall automatically renew after said period, and thereof. Should the Customer wish to cancel on the exact termination date of the agreement, 1 (one) calendar months’ notice must be given prior to the end of the fixed contract term. Should the Customer request cancellation after the renewal date, the account must be paid in full before serivces will be terminated, after one calender notice, without refund for unused services.

6. Fees for monthly / quarterly / bi-annual / yearly periods for services rendered are payable prior to the beginning of each relative period i.e. monthly, quarterly, bi-annual, or yearly. Changed to such 'periods' must is in writing before the 'renewal date' and a new price as agreed will take effect, thereof, after the one calendar month notice of change of services.

7. The Customer hereby agrees to pay any and all legal fees, and related expenses incurred by the Provider in the collection of any outstanding amount/s due to the Provider.

8. Should any Customer register for any product/s and/or service/s in the name of the Company and such product/s and/or service/s are not be paid by the Company, for any reason whatsoever, the Customer shall be held responsible and liable in their personal capacity for the payment of any/all product/s and/or service/s, as registered for. Should any Customer register for any product/s and/or service/s in the name of the Company and that Company declares insolvency, the Customer shall be held responsible and liable in their personal capacity for the payment of any/all product/s and/or service/s. Should a Customer apply for Debt Relief while subscribed to the services of the Provider, the Customer will still be held liable for any funds owed to the Provider based on the Debt Relief agreement. Should the Customer at any point fail to pay the Provider any amounts owed according to the Debt Relief agreement, the Customer shall then be immediately liable for the full outstanding amount/s owed. The Provider reserves all rights to take legal action against the Customer in this regard.

9. Generally, Customers are given a 7-day grace period, i.e. up until the 7th of each month, after which, the Customer’s account may be suspended automatically by the Provider’s Billing System. Any Customer, whose account payment status is not deemed ‘current’ by the 7th of the month will be regarded as ‘late’.

10. Should the amount due for services charged, be declined or dishonored, the Provider has the right to immediately suspend/cancel the Customer’s account. The Provider reserves the right at its own discretion to close / terminate the account without notice or prejudice.

11. Re-activation of suspended accounts will incur a Reactivation Admin Fee of R100.00 excluding VAT.

12. All transactions are processed in South African Rands (ZAR) unless otherwise agreed upon in writing from the Accounts department or Management.

13. Payments via Cash or Cheque: Payments using these methods are only accepted for bi-annual and annual services.

14. Subscription payments may be made by any of the following methods:

    • Direct Transfer (When the Provider has received the proof of payment, the Customer’s account will be activated)
      Payments via Electronic Transfer (EFT), will only be activated once the funds have been cleared in the Provider’s bank account.

15. Should the Customer elect to pay via Cash/EFT payments, services shall only be activated once the proof of payment has been faxed through to the Provider and said amounts are cleared by the bank. All cash deposits will incur a deposit fee of R25.00. The Provider is not responsible for domains being lost, or taken by a third party during the transition period between the registration and the receipt & clearing of the payment for said domains.

16. Ownership of goods or services provided by the Provider will only transfer to the Customer once full payment has been received.

17. The Provider reserves the right to adjust service charges at its sole discretion. Price changes shall be based on a combination of CPI and electronic communications industry pricing, or rate adjustments. Existing Customers will receive 30 days written notice relating to any price adjustments for any such relevant services offered.

18. In the event of a dispute between the Provider and the Customer, the Customer is obliged to continue paying the charges, as they become due and payable, in terms of this agreement. The Customer may not withhold payment for any reason whatsoever.

19. The Provider reserves the right to provide services to any Customer, however, should the Provider not wish, for any reason, to provide said services, the Provider may ask the Customer to transfer those services to another provider with immediate effect.

20. Costs incurred by the Provider that are either directly, or indirectly, related to services used by the Customer, shall not be refunded, e.g. Domain Registrations, ADSL connectivity, Modems etc.

21. Should the Customer’s account be suspended for non-payment, the Provider reserves the right to place a non-payment page on the Customer’s domain.

22. The Customer agrees that the Domain/DNS details shall not be changed, modified, or moved away from the Provider, until full payment is received by the Provider for all services where outstanding monies are owed.

23. If the Customer’s account has not been paid in full, the account and all relevant information will be handed over to an external collection agency.

24. The Customer warrants that any and all information, e.g. Banking details, Credit Card details, Contact information, etc. as supplied to the Provider, is true and correct. Should the Customer use information illegally, or provide fraudulent details, the Provider has the right to take appropriate action against the Customer.

25. The Customer agrees that the Domain / DNS details shall not be changed / modified or moved away from the Provider until full payment is made to the Provider for all services where outstanding monies are owed.

26. If the Customer’s account has not been paid in full, the account and all relevant information will be handed over to an external collection agency with a fee of R450 charged for administration.

27. Redemption Period: should a domain, .com, .net .co.za or any other local or international TLD enter the redemption period (This is the period after suspension by the Registry) there will be an addition cost to renew / take out of redemption of R300.00. This value includes the cost of renewal of the said domain for the next year.

 

Application Of The Consumer Protection Act

1. Notwithstanding the provisions of clause 1.2, in the event that the Customer is not a juristic person, the Provider must give written notice to the Customer not more than 80 and not less than 40 business days before the expiry of the current period. This notice must inform the Customer of: 

   • the expiry date,

   • any material changes that will apply to the Services beyond the expiry date, and

   • the Customer's right to either terminate the Service or if agreed upon by both parties renew for a further fixed period.

2. Should the Consumer Protection Act, hereafter referred to as the ‘CPA’, be applicable to this agreement, the provisions of this agreement shall not be interpreted so as to exclude the Customer’s rights under sections 54, 55, and 56 of the CPA, which are admitted only to the minimum possible extent. Unless the contrary is stated elsewhere in this agreement, the Customer shall have no rights in respect of quality of service, safe and good quality goods, or implied warranty of quality, beyond those explicitly stated in the aforementioned sections.

3. A transaction, as defined in the CPA, between the Customer and the Provider may, or may not, fall under the provisions of the CPA, depending upon whether certain values set out in clause 2.4, in respect of the Customer ‘Threshold Values’, are below a certain value at the time the transaction is entered into.

4. The Threshold Values are the Customer's asset value, or annual turnover, or such other measurement as may be dictated by the CPA as amended from time to time, and the value against which they are measured is as determined by the Minister of Trade and Industry by publication in the Government Gazette from time to time.

5. Should the Customer neither terminate nor renew the Service, refer 1.2. above, the Service shall automatically renew on a month-to-month basis after the expiry of the initial period, or any successive period, subject to any material changes set out by the Provider in its notice to the Customer.

6. The Provider's duties under a particular Service Order may vary depending on whether the transaction in question is subject to the CPA, and the Provider will act upon the information given to it by the Customer in this regard. Consequently:

   • The Customer warrants that any statement made to the Provider in respect of its Threshold Values is accurate;

   • If the Customer claims that all the Threshold Values are below the relevant value, or otherwise, that the CPA applies to the transaction in question, the Provider may at its instance require the Customer to provide it with financial statements as proof thereof;

   • If the Customer misstates the Threshold Values in such a way that the Provider considers for a period that the transaction is subject the CPA when it is not, all provisions of this agreement, that do not apply to transactions subject to the CPA, shall retroactively apply to the transaction in question, and the Customer shall be liable for any damage sustained by the Provider resulting from such misstatement.

 

General Acceptable Usage

You are expected to use the Internet and other networks and services access through the services with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. We expect you to have a basic knowledge of how the Internet functions, the types of uses which are generally acceptable, and the types of uses which are to be avoided. Common sense is the best guide as to what is considered acceptable use.

 

Shared Hosting Acceptable Usage Policy (AUP) Agreement

 

Refer to link

 

Disclaimer

1. The Provider cannot control all Content posted by third parties to the Products and Services, including to the User Interfaces, and does not guarantee the accuracy, integrity, or quality, of such Content. The End User understands that by using, or purchasing the Product/s, and/or Service/s, that they may be exposed to Content they may find offensive, indecent, incorrect or objectionable. Under no circumstances will the Provider be liable in any way for any Content, including any errors, or omissions, in any content, or any loss, or damage of any kind, incurred as a result of the End User’s use of any said content.

2. The Customer agrees to use all the Provider's services at the Customer's own risk.

3. The Provider specifically disclaims all warranties of merchantability, and fitness, for the particular purpose of quality, accuracy and privacy.

4. The services, products and information obtained on, or found through, or in conjunction with, the website are provided as is, without warranty of any kind, either express, or implied.

5. Use of any information obtained via the Provider's facilities, or services, is at your own risk. The Provider specifically denies any responsibility for the accuracy, or quality, of information obtained through its services.

6. Under no circumstances, shall the Provider be liable for any loss, or loss of data, or any other damages. The onus is on the Customer to ensure adequate backup of all their data.

7. The Customer shall hold the Provider harmless against any claims that the Customer may have against the Provider for any services that the Provider may provide.

8. Should the Customer have any domain related issues, for services that the Provider provides to another User, the Provider will abide by the decisions made by the South African Court of Law.

9. The Customer agrees to protect and indemnify the Provider against any and all liability, loss, or expenses, arising from claims of defamation, unfair competition, unfair trademarks, trade names, or patents, violations of rights, privacy and/or infringement of copyrights and property, resulting from the Provider's, or any Customer’s use of the Provider’s services.

10. The Provider will not be responsible for any damage the Customer may suffer; this includes loss of data resulting from delays, non-deliveries, or service interruptions, caused by its own negligence, or the Customer’s errors and/or omissions.

11. Use of any information obtained via the Provider's services is at the Customer’s own risk. The Provider specifically denies any responsibility for the accuracy, or quality, of information obtained through its services.

12. The Customer subscribed to the Provider's services, agrees to indemnify, and hold harmless, the Provider from any claims resulting from the use of the service that damages the Customer, or any other party.

 

Use Of Services

1. The Customer will make use of the services as set out in the Acceptable Use Policy, hereinafter referred to as the ‘AUP’, which forms part of these Terms and Conditions. All complaints shall be investigated and if the Customer is found to be contravening the AUP, the Provider may take such action against the Customer as is set out in the AUP, including suspension, or termination, of service.

2. End Users may find that services offered by the Customer maybe of an offensive manner, or may not be within the spirit of the South African law. End Users may object to these services via the Provider, management will evaluate and be the sole arbitrator. Any decision, made in conjunction with said offensive material, will be a final decision and no further correspondence will be entered into.

3. The Provider cannot screen, or edit, all the content available through NSPE hosted sites and therefore does not take any responsibility for any content that may be offensive, or illegal.

4. The Customer is prohibited from allowing any other party access to any services through the Customer's unique internet address, User Name, or Password.

5. The Customer, or the End User, may not at any time use the service in contravention of any South African Law, and consents to the jurisdiction of the High Court of South Africa sitting in Pretoria.

6. The use of the e-mail system, or social sharing, by the Customer, and/or End User, to send unsolicited e-mail is not permitted.

7.  All complaints shall be investigated and Customers abusing these services shall have their contracts suspended, or terminated with immediate effect.

8. The Customer specifically agrees not to use the Provider's services in any manner that is illegal, libellous, or against any the Provider's policies.

9. The Provider does not permit adult material of any form, including but not limited to, images, text, sound, video, etc., to be published through the Provider’s site.

10. The Customer is NOT permitted to sell, and/or distribute material, promoting hatred against individuals, or groups, or any content, which may be deemed to be illegal, or offensive, according to the laws of South Africa.

11. The Customer is NOT permitted to sell, and/or distribute illegal drugs, controlled substances, or any other products that they are not licenced to do so under South African law.

12. The Customer is NOT permitted to sell, and/or distribute alcohol, or tobacco, or any related products, that they are not licenced to do so under South African law.

13. The Customer is NOT permitted to sell, and/or distribute stolen property, or products.

14. The Customer is NOT permitted to sell, and/or distribute weapons, or items related to weapons, whereby the Customer is not licenced to do so under South African law.

15. The Customer is NOT permitted to sell, and/or distribute any products or services that do not comply with South African law.

16. The Provider reserves the right to decline requests for services at its discretion, or may terminate any service/s already offered at its sole discretion.

17. Use of any information obtained via the Provider's services is at the Customer’s own risk. The Provider specifically denies any responsibility for the accuracy, or quality, of information obtained through its services to the Customer.

18. The Customer agrees not to post, or transmit, any file that contains a virus, worm, ‘Trojan Horse’, or any other destructive feature, regardless of whether damage is intended, or unintended, by the Customer.

19. The Provider's servers, and/or services, may be used for lawful purposes only.

20. Transmission, storage, or distribution of any information, data, or material, in violation of any applicable law, or regulation, is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret, or other intellectual property rights used without proper authorisation, and material that is obscene, defamatory, or constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content, or links: Pirated software, Hackers programs, or archives, Warez sites, MP3, and IRC bots.

21. The Customer, subscribed to the Provider's services, agrees to indemnify, and hold harmless, the Provider, from any claims resulting from the use of the service that may damage the Customer, or any other party.

22. The Provider will be the sole arbiter as to what constitutes a violation of this provision.

23. Pornography is not allowed to be hosted in any form on the Provider’s services, any material of this nature found will cause the Customer’s account to be shut down with immediate effect, and without financial refund.

24. Should any dispute between the Customer, End User and / or a 3rd party result over a domain name, website, website content an item sold through the Provider or anything else related to the Customer, the End User, the Provider shall either at its own discretion or that of a Court Order, suspend, remove or cancel the Customer’s services and or account.

 

Technical Support & Usage

1. The Provider may not provide technical support for website design, html, CGI, or any other scripting, that may have been developed by the Customer, or third party, etc.

2. It is the Customer's responsibility to know at least the basics of web development, of whatever nature, and how the FTP, and/or publishing of a website functions.

3. The Customer may not compile, or install, binary files, other than the ones provided for use on the Provider’s system.

4. The Provider does not make C-compilers available for Customers, and the PERL binaries provided, will not have networking support e.g. socket.ph, ftp.pl, etc.

5. Should the Customer require any program added to the available system binaries, or scripts, please contact the Provider for approval.

6. Violations of the Provider's system, or network security, are strictly prohibited and may result in criminal and civil liability. Examples include, but are not limited to, the following: unauthorized access, use, probe, or scan of a system’s security, or authentication measures, data or traffic. Interference with services to any Customer, host or, network, including, without limitation, mail bombarding, flooding of e-mail, or any spam mail, deliberate attempts to overload a system and broadcast attacks.

7. The Provider does not allow the sharing of CGI scripting with domains not hosted by the Provider itself.

8. Any CGI scripts deemed to be adversely affecting the server performance, or the network integrity, will be shut down without prior notice.

9. The Provider will not allow any Customer to undermine, or cause any damage in any format what-so-ever, to another Customer of the Provider's services, this is strictly prohibited.

10. Any sub-networks of the Provider and dedicated servers must adhere to the above policies.

11. The Customer’s failure to meet, or follow, any of the above guidelines is grounds for the cancellation of the Customer’s account.

12. The Provider reserves the right to remove any Customer’s account without prior notice.

13. The Provider will not be held liable for any content that a Customer, using the Provider’s services, displays on the Customer’s website, etc.

14. Should the Customer rent an IP address from the Provider this IP address remains the sole property of the Provider. The Provider may request, from the Customer, a valid reason as to why the Customer requires additional IP addresses, and for what purpose they will be used. The Provider reserves the right to provide additional IP Addresses as these are in short supply worldwide.

15. Should the Customer cancel its services with the Provider, the IP address will automatically return to the Provider, and the Customer shall have no rights, or entitlement, to the IP address thereafter.

 

Domain Registration, Renewal, Redemption & Domain Parking

1. Ownership of the domain is the Customer’s, only after full payment has been received.

2. Payments for a domain name registration are non-refundable. Once a domain name is registered, the WHOIS database stores the information and it is kept there for a period of one year, until the date of renewal (‘Domain Parking’). Payment will NOT be credited back.

3. Domain Parking does NOT include Web Space, Virtual Hosting, or e-Mail facilities.

4. The Provider shall be indemnified and held harmless by the Customer if the Customer uses any Domain Name that infringes on any rights of any person, or company.

5. The Provider does not guarantee that a Domain Name requested by a Customer will be available. Provider’s systems may reflect that the Domain Name requested is available; however, this domain may have been already taken, as the Provider’s system is reliant on server updates from both local and international WHOIS servers.

6. As the Provider is a reseller of various domains, the Customer agrees to abide by the terms and conditions of the various domain registrars worldwide, when registering a domain with the Provider.

7. As Domain registrars charge a Registration Fee, Renewal Fee and Redemption Fee (This is the period after suspension by the Registry), the Customer agrees to pay the Provider the fees that relate to the registration, renewal, redemption, maintenance, or administration, of the Domain Name. These fees are not refundable.

8. Should the Customer misspell a Domain Name and the misspelt domain is registered, the Customer will be held liable for payment of the misspelt domain. No domain registration fee will be credited, and the Customer will then have to register the correctly spelled domain name at the cost of a new domain registration.

9. The Provider, through DomainAdmin, is an official accredited Registrar of UniForum SA and as such all .co.za domains names are registered via the new accredited EPP system. Any domain registrations registered with the Provider, on the EPP system, cannot be transferred back to the legacy system, or be transferred to any other company that uses the legacy system; domains can only be transferred between Registrars.

10. Should a Customer request the Provider register a new .co.za domain on their behalf, and do not want to use the EPP system, the Customer must notify the Provider of this prior to registration.

11. Should a Domain Name be registered on the EPP system and a Customer requests to move their hosting, the Provider can point all DNSs (name servers) elsewhere, allowing the Customer, in effect, to host their domain elsewhere. Should the name servers point to another ISP that is not accredited, or whom does not have EPP, the domain can/will be released at a later date, by written instruction from the client to the ISP/hosting provider, once they are EPP enabled.

12. Front-end consumer clients will receive email based domain renewal notifications 90, 60, 30, 14, 7 and 1 day prior expiry

13. Resellers or clients of resellers will receive email based domain renewal notifications 14 and 7 days prior expiryIn visiting this website the Customer and / or End User is / are required to provide information
    (a) to register a domain name,
    (b) to update information about a domain name previously registered, or
    (c) to submit questions about the Provider’s products and / or services.

14. To register a domain name, the Customer and / or End User are required to provide the following:

    • the name they are registering,

    • their name and address (or those of the person for whom the Customer and / or End User are registering the domain name),

    • technical information with which the domain name will be associated,

    • the name, address, e-mail address, telephone number, and where available, a fax number for the technical, administrative, billing, and zone contact information for the domain name.

15. Once the domain name has been registered, the Customer and / or End User maybe be asked to correct and / or update said information periodically, in order to ensure the WHOIS information is correct. Any administration, billing, and technical contact information that is added to a domain name may be available on the WHOIS server for public viewing.

16. In terms of the Provider’s ICANN accreditation, the Provider will provide information the Customer and / or End User submitted in registering a domain name, or updating related information, to the Provider’s own employees and consultants, to the administrator of the registries, to operators and users of the Internet, whom may request Whois information related to the Customer and / or End User’s domain-name registration. This information may be provided to the Internet Corporation for Assigned Names and Numbers (ICANN), which provides technical coordination for the Internet, and to escrow agents, auditors, Whois service providers, and replacement registrars that ICANN may designate.Information the Customer and / or End User provides, in asking questions related to the Provider’s service, may be given to the Provider’s employees and consultants and, upon its request, to ICANN.

 

Hosting Service  

1. Each web hosting plan allows for a specific amount of monthly transfer for bandwidth utilization purposes, a month is defined as one calendar month.

2. Bandwidth utilization is dynamically and continuously measured, sites exceeding their allotted rate will be charged at the prescribed rate per MB / GB bandwidth, or automatically suspended, depending on the Customer’s account type (Refer to Customer’s hosting package for further details).

3. Should the Customer not opt to add additional bandwidth to their account, the billing system will automatically suspend said account, including, but not limited to, the website and e-mail accounts.

4. It is the Customer’s responsibility to choose the level of transfer rate that their site requires.

5. The Customer shall be responsible for backing up their data / files at all times. The Provider will not be held liable for any data / information loss.

6. Upon termination of the Customer’s agreement with the Provider, it is the Customer’s responsibility to backup and or move all the Customer’s files from the Provider’s servers.

7. The Provider shall delete all files, content, information, scripts, etc. from its servers upon the acceptance of transfer request of a Customer’s domain/s to another service provider. The Customer shall have no recourse against the Provider should there be any loss, or damage, of whatsoever nature, to any files that were not backed up as per the above clause.

 

Free .co.za domain

1. Should a web hosting package include the registration of a free .co.za domain, it will be subject to the discretion of the Provider and the Provider’s Terms and Conditions.

2. Should a web hosting package be cancelled within 3 months, and a free domain was given with this package, the full retail price of the .co.za domain registration will become payable.

3. Should a transfer of a domain be initiated away from NSPE on a web hosting package where a free domain was given within 3 months, the full retail price of the .co.za domain registration will become payable.

4. No transfer of a .co.za domain will be completed unless full payment of the domain registration has been settled to the satisfaction of the Provider.

 

Email Service

1. E-Mail Accounts are restricted to a maximum size, dependant on the Customer’s account option. Should this space be exceeded, this may result in e-mails being lost, e-mails being bounced, or the Customer’s account being suspended.

2. If any Customer’s account is generating web traffic considered unusually high, the Provider may require the site to be placed on a Heavy User server, either locally, or internationally, at the discretion of the Provider.

3. The Provider provides e-mail anti-virus on the Provider’s servers, this anti-virus is updated automatically every 6 hours. The Provider will do its best to ensure that no viruses are passed through its infrastructure, however, due to the nature and pace at which viruses are transmitted, the Provider will not be held responsible should a virus pass through its anti-virus system.

4. The Provider provides a Spam Filtering system on its servers. It may happen that occasionally a legitimate e-mail may be defined as spam, or vice versa, the Customer may at any time de-activate this within the Customer’s Control Panel on their account. The Provider will not be held responsible should e-mails be deleted, or tagged as spam.

 

Website Design Terms (If Applicable)

1. The Quotations sent out by the Provider are general CMS quotations and do not include any specific coding customisations, unless specified in the said quotation. Any Custom Development will be specified to the Customer and the Customer will have the opportunity to reject or accept said development. Should the Customer reject such a quotation no Custom Development will be included in the website development. Website ‘Content’ shall include all content to be included in the website, including but not limited to, textual materials, logos, photographs, sound files, databases, video files and other website content. All Website Content required for inclusion in the website, as defined in the specifications, but excluding those items that shall be the responsibility of the Customer to supply.

2. Logo files and photographs shall be supplied in the following formats: GIF, JPEG, TIFF, PNG, and BMP, written text shall be in a Microsoft Word, or .txt format, video files shall be in .AVI, .MOV, .FLV, MPEG format, and sound files shall be in Mp3 file format.

3. The Customer shall be responsible for delivering all Website Content, except for those items that the Provider has specifically agreed to create. Customer is to supply all Content in the aforementioned formats, as well as all Meta Tags, and Meta Keywords, for all website pages created by the Provider. Should the Customer not supply the required information, the Provider will insert Global Keywords and Meta Tags. The Provider will not be held responsible should the said Global Keywords and Meta Tags not be suitable for the Customer’s website content. The Customer will be shown how to add, edit and replace such content themselves.

4. The Provider is hereby authorized to utilize any such subcontractors as may be reasonably required without the express permission of the Customer. The Provider shall use its reasonable efforts to meet the completion schedule, if such a schedule is agreed upon with the Customer, however, the Customer acknowledges and agrees that any changes, or deviations, in the specifications, site plan, mock-ups, graphics, or any other element, of the Website, will cause delays in completion of the deadline. The Customer’s responsibilities include delivering Site Content and promptly reviewing and commenting on completed work, any delays in reviewing and commenting will also cause extension of the completion schedule deadline. The Provider will not be held liable in any way whatsoever, should any delays be as a result of the Customer, as defined, but not limited to, the above.

5. The Customer shall have a period of 14 days following delivery of the final Website during which the Customer may engage in the testing of said Website. The Customer shall notify the Provider, no later than the 14 days following delivery of items contained in the Website, which do not conform to specifications, or are not deemed to be working. In the event that the Customer does not notify the Provider within the specified 14 day period, the Customer shall be deemed to have accepted the Website in all respects and aspects thereof.

6. The Provider shall retain a backup of the Website files relative to the accepted Website for a period of 14 days following the final acceptance by the Customer. Thereafter, the Provider shall destroy all copies of the Customer’s Website, unless the Provider is also providing the hosting of the Customer’s Website and pursuant to a separate hosting agreement.

7. In consideration of the services to be performed by the Provider hereunder, the following are the payment Terms and Conditions. Upon achievement of the various stages of development that require an additional payment to be made to the Provider, the Provider shall notify the Customer in writing that said stage of development has been reached and shall deliver such deliverables that correspond to that particular stage of development to the Customer, together with an e-mail notification for the amount due at said stage of development. The Customer shall make payment on said invoice within 7 days after receipt of such e-mail notification. The Provider reserves the right not to continue development of the Customer’s website until such payment is made.
   Should the Customer delay payment, any and all Time Schedules for the website, will automatically become obsolete.
   - 50% deposit is required upon commencement of the development process.
   - 30% payment on accepting the template, layout, or Design.
   - The balance of 20%, is due 14 days after acceptance of template, layout or Design.
   - Payment Terms are strictly Cash on Delivery.
   - Any quotations are valid for 14 days from stated quotation date.
   - E&OE

8. Should the Customer want the website to go ‘live’ prior to a hand-over, or completion from the Provider, or if the Customer specifically would like the website to go ‘live’, the full outstanding payment will be deemed due immediately. Should the Customer require the login details to the Administrator section of the website, the Provider will not be held responsible, or liable, for any faults, or errors, on the website as the Customer will be deemed to have effectively taken over said website. Should the Provider have completed their portion of the website and the Customer has yet to furnish content, the Provider may request that all outstanding monies be paid in full and the website will be completed as per the quotation when the Customer furnishes the Provider with the outstanding content.

9. Once the job completion form has been signed-off, the website will be deemed completed and all payments will immediately fall due. The Customer has 14 days after sign-off to inform the Provider of any issues there may be with the website, thereafter the Provider cannot be held responsible. Should the Provider NOT be hosting the Customer’s website, immediately after the website has been uploaded on the Customer’s hosting service, the website payment will become due. The Provider will not be held responsible should the website be hacked in any shape, or form.

10. The parties acknowledge and agree that all expenses associated with the development process, including but not limited to payment of any licensing fees, software procurement, costs of purchasing graphics, photographs and other web content, materials, supplies, and all other elements of the website development shall be absorbed by the Customer. These costs if any will be explained to the Customer and should the Customer not agree to such costs the content mentioned above, will not be purchased.

11. In the event that this agreement is terminated prior to completion of the Website, the Provider shall be compensated for any and all work that has been completed prior to the date of termination. If no set price is given for work completed, the Provider reserves the right to cost the work completed, based on its standard hourly rate for any work completed prior to termination. This may include, but is not limited to, the design of layouts, templates, graphics, Flash Animation, etc.

12. Following completion of the Website, and final acceptance by the Customer, and at the Provider’s discretion, the Customer shall include a credit to the Provider on all pages of the Website for a period of 12 months after the Website is launched. The credit to the Provider shall be designed and placed in a way that has form and substance and that is reasonably acceptable to the Customer. The credit shall also include a hypertext link to the Provider’s Website.

13. It is the responsibility of the Customer to proof-read ALL content supplied, the Provider does not, and will not, proof-read any written content, as everybody has their own writing styles.

14. It is the Customer’s responsibility to pay all outstanding monies within the agreed time-frame. It is not the responsibility of the Provider to supply content for the Customer’s website. The Provider reserves the right to take further action against the Customer, should the Customer fail to pay any outstanding monies for the website design, within the agreed upon time frame.

 

Third Part Applications, Developers & Designers

1. The Provider allows developers to develop 3rd party applications making use of our API interface, these 3rd party developers develop said applications independently and have no affiliation to the Provider. The Provider cannot and will not be responsible, or liable for, and does not warrant the use of, 3rd party applications.

2. 3rd party applications carry their own terms and conditions, privacy statements, notices etc., Customers and Users should be aware and agree to said 3rd party applications before using them.

3. Any use of such 3rd party applications is done so by the Customer and the End User at their own risk, should you have an issue with a 3rd party plugin please contact the Provider immediately to advise us.

 

NSPE's Experts

1. The Provider, over time, will put together a list of 3rd Party Experts, they can assist the Customer to design, develop, build and operate stores for and on behalf of them and their End Users. These Experts are not employed by the Provider and are in no way affiliated with, or to, the Provider.

2. The Provider takes no responsibility for work performed by said Experts

3. Any links, announcements, offers, or services, related to said Experts that may be displayed on the Provider’s website, or through various communications, are for informational purposes only and should be used by the Customer, or End User, at their sole discretion.

4. The Provider takes no responsibility, or liability, for any work performed by an Expert at the request of a Customer, or End User.

5. Should the Customer, or End User have an issue with any Expert, please contact the Provider immediately to advise us of this.

 

Security

1. Any person that delivers or attempts to deliver any damaging code to the Provider’s websites, or attempts to gain unauthorised access to any page on the website, shall be prosecuted and civil damages shall be claimed in the event that the Provider suffers any damage or loss.

2. All Credit Card transactions are Secure Socket Layers (SSL) encrypted.

3. The Provider’s site is entirely SSL encrypted, Customers may click on the SSL tab, or the payment Gateways’ specified links to view security certification.

4. NO User Login, or e-Mail, or any Passwords will be issued, unless the Provider knows the party, or has received written authorisation directly from the Customer refer 3.13 above.

 

Service Level Agreement

1. The uptime guarantees, and the resulting SLA (Service Level Agreement) credits, are applied in monthly terms unless otherwise specified. All SLA guarantees and information listed below are made in good faith and are subject to standard contract remedies.

2. SLA Credit Claim: To properly claim an SLA credit, the dedicated server Customer must open an SLA ticket, located at http://support.Naturalit.co.za, within seven days of the purported outage. The Customer must include service type, IP Address, contact information, and full description of the service interruption including logs if applicable. The SLA claim will be researched by the appropriate department and any credit issued will be issued to accounting and the ticket will be updated. SLA credits are issued as service credits on future billing cycles. SLA credits shall not be bartered, or traded with other NSPE's Customers. Please allow up to fourteen (14) days for the processing of SLA claims.

3. Service Levels and Omissions: For the purpose of this section, service availability shall mean the availability of the data traffic, sufficient power, and HVAC services, measured from 0:00 to 0:00 each day over a one month period, provided that no one month period shall be used more than once for the purpose of calculating penalties in terms of the section below.

4. Customers shall be entitled to service availability of 99.9 % uptime, subject to the exclusion of:
   1. Customers currently in arrears for monthly services, do not qualify for SLA claims.
   2. Customers who have been in payment arrears three or more times in the previous twelve months, do not qualify for SLA claims.
   3. Network, or Power maintenance, enhancements, upgrades and modifications thereto do not qualify for SLA claims.
   4. Downtime, outage, interruption in, or unavailability of, the services arising out of, or caused by, malicious or aggressive internet activities by the customer, thereby causing attacks or counter-attacks.
   5. Downtime, outage, interruption in, or unavailability of, the services arising out of, or caused by, Telkom’s network or telecommunication facilities.
   6. Downtime, outage, interruption in, or unavailability of, the services arising out of, or caused by, any network, or telecommunication facilities, which do not reside inside the Provider’s network.
   7. Downtime, outage, interruption in, or unavailability of, the services arising out of any force majeure.
   8. Downtime, outage, interruption in, or unavailability of, the services caused by any action, or omission of the Customer, including but without limitation to, operating errors, abnormal operating conditions, improper use, misuse, neglect or abuse of the services.
   The liability of the Provider for failing to achieve the minimum service availability in terms of the section above, will be limited to the Providers issuing a SLA credit to the Customer, as defined in section SLA Credit Claim and shall never exceed a single month’s billing paid by the Customer.

5. Infrastructure: The Provider guarantees 99.9% uptime on service availability to Customers located in its hosting facilities. All computer equipment and related services are served by redundant UPS power units, with backup onsite diesel generators. All servers are connected to the Provider’s redundant gigabit network infrastructure. Specific guarantees with SLA information are listed in the table below.

6. Hardware: The Provider guarantees the replacement of failed hardware, and hardware components, located within its hosting facilities. The Provider guarantees a failed hardware component will be replaced within four hours of Customer notification in the trouble ticketing system. Replacement of failed hardware does not include time required to reload the operating system or applications. Specific guarantees with SLA information are listed below.

7. Support: The Provider’s support methodology utilizes the emergency room approach, where problems are graded for severity and responded to accordingly. Service outages of any type always receive top priority, followed by service-degrading factors, and general questions about server management. This ensures every Customer will receive the best support during the appropriate situation. The Provider’s experienced support team is available via e-mail and telephone from 08h00 - 17h00 SAST, Monday through Friday. Support issues reported via e-mail or via the Provider’s trouble ticketing system outside of the Provider’s standard support hours are responded to and resolved as quickly as possible. The Provider’s infrastructure is monitored by its advanced monitoring system, which checks the integrity and stability of the entire infrastructure every 30 seconds. Should a fault occur, the Provider’s technical staff are notified by sms and e-mail.

 

Governing Law

1. The Provider’s sites are controlled and operated from the Republic of South Africa and therefore this agreement is governed by South African Law.

2. The Customer may not at any time use the service in contravention of any South African Law, and consents to the jurisdiction of the High Court of South Africa sitting in Pretoria.

 

Breachment and its legal consequences

In the case of where the client breach’s the agreement/contract signed with NSPE, eg. failure to meet the requirements as per agreement/contract, preformed or supplied any false-stories/lies/information/statements or preformed any illegal and/or criminal activities to/against NSPE and/or it’s staff, or any other areas where NSPE reserves the right to call it “breachment of contract/agreement” within given reason. NSPE then reserves the sole right to immediately terminate any agreements/contracts and foreclose on the whole contract/agreement amount (with expenses), whether or not any work, whether or not is completed or started, and take necessary action against the client, whether via collection agency, Police and/or Legal action via attorneys or in court with/without attorneys. All costs thereof incurred will be to the clients account and liability. The client at no such time hold NSPE liable for terminating the contract/agreement, nor will hold NSPE liable for any costs and/or loss of business/funds/money/clients/etc, nor will take legal action against NSPE where the client is in default. The client will also not advertise/post/comment/broadcast NSPE’s name and it’s staff on any social media site, website, newspaper, radio, etc in way to blacken or bad name it, where and when the client was in default in breach of contract/agreement. If so, NSPE reserves the right to legally action for defamation of character and damaging to company’s name. NSPE also reserves the right to post on Experian and ITC “Bad Payer” against the client’s name and a fee will be charged to remove this from there.

 

General Conditions

1. The Customer agrees to abide by the generally accepted terms of Netiquette.

2. By using the Products and Services, you are consenting to receive certain communications from the Provider. The Provider may send the Customer newsletters concerning new features, specials, promotions and other related services that the Provider may offer.

3. The Provider is continually designing and developing additional products and services and on occasions our Terms and Conditions may not capture these adjustments completely.

4. Customers and End Users should be aware, and in agreement, of the Terms and Conditions, as well as those of the payment gateways that the Customer, or End Users signs up with. The Provider uses 256k SSL encryption, however, the credit card transaction is carried out on the payment gateway’s network. The Provider cannot and will not be held liable for failed, incorrect, fraudulent, and/or other transactions, whereby from the Customer, and/or the End User, may suffer damage from.

5. The Customer commits to act with integrity, honesty and trustworthiness at all time, in the sale of products, and/or services, through their NSPE account to the End User. Should the End User complain to The Provider in relation to a Customer’s sales of products, and/or services, the Provider reserves all right to suspend, or delete, the NSPE account without prior notice.

6. The Provider will not act as an arbitrator, in any format whatsoever, between the Customer and the End User regarding any interaction, concerning the sale, or delivery of a product, or service. Should either party be dissatisfied concerning said issues, these issues must be resolved between the Customer and the End User only.

7. These Terms and Conditions supersede all previous representations, understandings, or agreements, and shall prevail notwithstanding any variance with terms and conditions of any order submitted.

8. Use of the Provider’s services constitutes acceptance of these Terms and Conditions.

9. The Provider owns the content, graphics, trade-marks, meta tags, domain names, hyperlinks, patents and source code for its websites. The content may not be copied, modified, redistributed, or republished, from any of the Provider’s websites, without the express written consent of an authorized person, as designated by the Provider.

10. No person may use, reproduce, or distribute, the intellectual property of the websites, or the Provider, in any manner whatsoever, without the prior written consent of the Provider.

11. Should the Provider fail to enforce any condition of this agreement, all other conditions of this agreement shall remain in force within the provisions of the South African Law.

12. This agreement sets forth the entire agreement and understanding between the parties and merges all prior discussion between them. The Provider reserves the right to add, delete, or modify any provision of this Policy at any time without notice. This agreement may not be modified except by the written consent of the Provider.

 

The Provider’s NSPE Affiliates

1. The Customer’s affiliate commission, is not applicable to discounted store sign-ups, specials, domain registrations or renewals.

2. The Customer’s affiliate commission / revenue share, may vary as new products and services are supplied by the Provider to the Customer’s clients.

3. The Provider ‘s NSPE Affiliate commission will vary based on the product / service sold and excludes items as reflected above.

4. Affiliate Revenue may only be withdrawn once it exceeds a value of R500.00

5. Upon receiving a written request from the Affiliate, this amount may be utilised toward the Affiliate’s paid account, or alternatively, it will be transferred via EFT.

6. Payment delay: the Provider does batch processing of payments once a month, therefore payment will be effected 30 days after your written request has been received.