Terms of Business

Important to read before you join us and to avoid any disagreement later on!

Before you file your application for our services, please read the following terms and conditions carefully. This contract is a legal agreement between pageWORKS Limpopo CC and you, our customer. Changes may be make from time to time so please visit this page regularly for updates.

Page Index:

1.OUR SERVICE
2.CONTENT AND INDEMNIFICATION
3.TRADEMARKS & COPYRIGHTS
4.INTERNET ETIQUETTE
5.NO WARRANTIES
6.99.9% UPTIME GUARANTEE
7.BILLING POLICY
8.DEFINITION OF UNLIMITED BANDWIDTH
9.DOMAIN REGISTRATION
10.FREE DOMAIN REGISTRATION
11.DOMAIN REGISTRAR TERMS AND CONDITIONS
12.DOMAIN NAMES AND DOMAIN NAMES DISPUTES
13.SUPPORT SERVICE
14.REFUSAL OF SERVICE ON NETWORK, DOMAIN AND/OR EQUIPMENT IDENTIFIERS
15.DESIGN AND PRINTING
16.CONTRACT TERMINATION
17.LEGAL AGE/AUTHORIZATION
18.AMENDMENTS
19.LITIGATION AND ATTORNEY’S FEES
20.ENTIRE AGREEMENT AND SEVERABILITY
21.ACCEPTANCE OF TERMS

1.OUR SERVICES

pageWORKS Limpopo is an Internet related services company and also supply other products and services such as graphic design & printing of products. Clients using our services are subject to compliance with the terms and conditions set forth below. Under the terms of this agreement, your use of any of our services (web-hosting, e-mail, support, design, print) is an acknowledgement that you have read and understood this agreement, and that you agree to be bound by the terms and conditions below. If you do not wish to be bound by these terms and conditions, you should not proceed to place any information of any kind with pageWORKS Limpopo through this application process.

2.CONTENT AND INDEMNIFICATION

Customer acknowledges that pageWORKS Limpopo does not regulate, nor will it take any responsibility for the content of the clients’ website pages and e-mail or for the security of customer’s password. The customer agrees that the security of his/her passwords is solely there responsibility.

The customer agrees that if he/she believe the security of there account has been compromised in any way, that he/she will notify pageWORKS Limpopo immediately.
The customer warrants that he/she has all rights necessary to lawfully submit any information or materials that he/she is uploading or transmitting to pageWORKS Limpopo, including all intellectual property rights.
The customer agrees to indemnify pageWORKS Limpopo against any action brought by a third party as a result of such material or information, or as a result of the customer’s use in any way of the services provided by pageWORKS Limpopo.
Any use of the pageWORKS Limpopo network to engage in software piracy or any other violations of law will result in immediate account suspension or termination.

3.TRADEMARKS & COPYRIGHTS

The member warrants that he/she has the right to use any trademarks and service marks which the member may chose to use in it’s domain name, on his website or any related product or service. pageWORKS Limpopo cannot be held responsible in the event of a client infringing on any intellectual or property copyright.

4.INTERNET ETIQUETTE

The member agrees to observe the following:

Sending e-mail to unsolicited addresses is forbidden. SPAM e-mail.
Multiple Cross Posting on News Groups where a pageWORKS Limpopo hosted website is being promoted or a pageWORKS Limpopo hosted mail address is being used.
Anyone who practices such tactics will have their account suspended pending an investigation. Should the member be found guilty of any of the above offences, the member’s account will be terminated with immediate effect.
The pageWORKS Limpopo network or any of its resources may not be used to impersonate another person or misrepresent authorization to act on behalf of others or pageWORKS Limpopo. All messages transmitted via pageWORKS Limpopo must correctly identify the sender.

5.NO WARRANTIES

pageWORKS Limpopo makes no warranties of any kind, whether express or implied, for the services to be provided hereunder.

The customer agrees that pageWORKS Limpopo shall not be liable for any losses or damages of any kind to the customer, including but not limited to, loss that may result from service interruption, delays in account activation, delays in general, non-deliveries, or misdeliveries no matter what the cause might be.
pageWORKS Limpopo makes no warranties regarding its ability to recover any lost file or information, regardless of how or why the file / information was lost or deleted.
Use of the service is at the Customers sole risk. pageWORKS Limpopo is not responsible for files and data residing on a Clients account.
The Client agrees to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on the pageWORKS Limpopo network.
Under no circumstances will pageWORKS Limpopo be liable for any consequential damages or for any delictual liability of any nature whatsoever.
pageWORKS Limpopo reserves the right to move a website between web servers and internet backbones, both within South Africa and internationally as it deems necessary. If a customer moves in excess of 2 GB traffic monthly then the customer will be contacted and various options will be presented.

6.99.9% UPTIME GUARANTEE

The 99.9% website up time guarantee is applicable only if the web server on which a customer 's shared web hosting account resides crashes or goes down at an unscheduled time. This guarantee is not valid if there is any network problem between the customer and the web server which prevents the customer from seeing the web server, e.g. if the customer 's ISP's link to Internet Solutions (IS) goes down or is faulty, but the web server pageWORKS Limpopo hosts is still up we are not responsible for the customer not being able to reach their website.

pageWORKS Limpopo is not responsible if any third party operated network or service experiences problems and outages (i.e. all network infrastructure and links, customer 's internet connection, firewall service managed by IS). If the applicable web server is up and running at all times then the website will deemed to have achieved 99.9% up time.

The 99.9% website up time guarantee does not apply to any scheduled downtime for maintenance of any of the pageWORKS Limpopo web servers. If there is scheduled maintenance to be done the customer will be notified at least 24 hours in advance. The scheduled maintenance will always be done after hours (based on Central African Time (CAT)) and the web server downtime will be kept to a minimum.

Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The up time of the server is defined as the reported up time from the operating system and the Apache Web Server which may differ from the up time reported by other individual services.

7.BILLING POLICY

Service invoices will be sent to the customer via electronic mail in advance of services being rendered. The customer agrees to submit payment for all invoices upon receipt.
Accounts not paid by within 30 days of every month are subject to immediate suspension.
Accounts overdue for 60+ days are subjected to a penalty interest fee. Interest fees calculated according to bank & government regulations at the time of penalty.
Returned debit orders will be subject to a R80.00 admin processing fee per returned debit order.
Suspended accounts are subjected to a R150.00 reconnection fee ot resume service.
Reload of a clients website files or any other backup what ever it may be will be charged R70.00 (Calculated per hours), pageWORKS Limpopo in no way guarantee the successful reload of any backup what so ever.
pageWORKS Limpopo will not be held responsible for any damages, losses, or claims as a result of a clients service being suspended for non-payment.
Accounts 30 days past due are subject to cancellation which will result in the deletion of all of the customer’s files, including but not limited to web pages, email and databases.
The customer agrees that submission of Banking Details to pageWORKS Limpopo constitutes authorisation by the customer for pageWORKS Limpopo to bill the specified Bank Account for all fees owed by the customer to pageWORKS Limpopo.
The Customer agrees that all set-up fees are non-refundable once set-up is completed.
The Customer agrees that unless he/she notifies pageWORKS Limpopo of his/her desire to cancel any or all services received, those services will be billed on a recurring basis.
The Signatory hereby binds himself/herself in his/her personal capacity as co-debtor in solidum for the full amount due to pageWORKS Limpopo and agrees that the Standard Conditions will apply mutatis mutandis to him/her and he/she renounces the benefits of excursion and division.

8.DEFINITION OF UNLIMITED BANDWIDTH

The term “Unlimited” is often used within the Internet Services community to describe services of which no hard limits or per unit pricing are imposed, but which are nonetheless governed by limitations of fair and reasonable use, often at the discretion of the service provider. pageWORKS Limpopo offers some services with “Unlimited” bandwidth, which bear no per unit charges, nor hard limits, but nonetheless are governed by reasonable and fair use. This means that we will not charge you for any bandwidth your account uses, nor will we impose any hard limits on the amount of bandwidth that you can use, provided said use is what pageWORKS Limpopo in its sole discretion deems to be reasonable. If at any time pageWORKS Limpopo deems your bandwidth usage to be abusive or unreasonable for the level of service you have purchased, or your bandwidth usage threatens to impair the quality of other users’ service, pageWORKS Limpopo, at its sole discretion take steps to limit the amount of bandwidth you consume, or request you to upgrade to a higher package. Special hosting packages can be designed for sites that require higher than normal bandwidth. pageWORKS Limpopo will at no time attempt to collect payment for bandwidth already used by a customer whose account grants them unlimited bandwidth, regardless of the amount. pageWORKS Limpopo does however reserve the right to charge the client for any additional bandwidth he/she might require.

9.DOMAIN REGISTRATION

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

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

10.FREE DOMAIN REGISTRATION

Your free domain registration is provided with the clear assumption that you intend to buy a website from scratch with us and/or host with us for the foreseeable future. If your intention is to just use our free policy to get your domain registered and then immediately cancel your hosting account then we will not pay for your registration. If, however you do have a legitimate reason for canceling your account immediately, then we will review it on the merits and pay for your registration in good faith. Free domain are only for selected hosting options and does not apply to any normal hosting package. To qualify for a Free Domain Registration you must either buy a website (php) + Content management system or host a domain with us for not less than 12 Months. Please notify us of your intention to make use of the Free Domain Registration Policy before registering your domain.

11.DOMAIN REGISTRAR TERMS AND CONDITIONS

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

Uniforum SA: CO.ZA view - Terms and Conditions
Nominet: All .UK domains - view Terms and Conditions
Enon Central: .US.COM, .EU.COM, .BR.COM, .CN.COM, .DE.COM, .HU.COM, .NO.COM, .QC.COM, .RU.COM, .SA.COM, .SE.COM, .SE.NET, .UK.COM, .UK.NET, .UY.COM & .ZA.COM domains view - Terms and Conditions

12.DOMAIN NAMES AND DOMAIN NAMES DISPUTES

pageWORKS Limpopo will not be held liable for any disputes arising out of domain name registrations or domain name hosting on behalf of the client.
pageWORKS Limpopo will not be held liable for any losses or damages the client may suffer due to a domain name being reallocated, transferred or deleted by any Domain Name Authority or NIC.
pageWORKS Limpopo will not issue any credits for domain names where the client has requested the wrong domain name to be registered. By submitting a domain name registration form, the client confirms that he/she has completed the registration form correctly and that the domain name that he/she has entered is correct.
pageWORKS Limpopo reserves the right to take ownership of any domain name upon cancellation by the client should the client not specify any action to be taken in regards to ownership or transfer of the domain name.
pageWORKS Limpopo requires 24 hours written notification via fax prior to releasing any domain name. Where the client has not notified pageWORKS Limpopo of his intention to transfer or move a domain name, all transfer requests will be declined.
pageWORKS Limpopo will retain the ownership of the domain name in the event of the client’s accounts not being settled in full on termination of the hosting agreement.

13.HOSTING SUPPORT SERVICE

pageWORKS Limpopo offers an online and telephonic support service to all its domain/web hosting clients. The online support service refers to normal account inquiries such as account information and administration, email & website related queries. pageWORKS Limpopo does not work on any programming code other than our own code may it be html, php, asp, java or any other programming languages. pageWORKS Limpopo does not offer on-site support, maintenance or repair of any kind on or for any account(s) what ever it may be. pageWORKS Limpopo reserve the right to refuse any on-site call-out to any client at any time for various reasons or for none at all. If in the event we do decide and keeping in mind if its possible to go out to a clients office for support we will charge our standard per hour rate + fuel + any other traveling expences to the clients account. Fuel / Traveling charges may very on a monthly bases. After hours (Monday - Friday from 05:00pm - 06:00am, and Sat, Sun, Public Holidays from 06:00am - 06:00pm) will be charged at premium rate. Check our rates for up to date pricing structures.

14.REFUSAL OF SERVICE ON NETWORK, DOMAIN AND/OR EQUIPMENT IDENTIFIERS

pageWORKS Limpopo reserves the right to refuse domain and hosting services based on network, domain and/or equipment identifiers.

15.DESIGN AND PRINTING

In any contract that may arise out of any submitted cost estimate, customers will be deemed to have ordered subject to the following standard conditions and recognized customs of the Printing Industry in South Africa, unless otherwise agreed in writing:

Customer shall pay for any preliminary work which is produced at his / her request whether it's layout, experimentally or otherwise.
A 70% Deposit will confirm booking or quoted estimate/quotation. The remaining 30% is due upon delivery of product(s) or service(s) what ever it may be.
A 50% rejection fee is applicable on all designs executed by the designer, shall the customer at this stage cancel the contract / order.
Proofs, pulls, samples, specimens, sketches, photographs or any representation, whether partial or total, of the finished article in what ever form may be submitted to the customer for approval. After approval the customer shall have no claim against the designer or printer for errors in the exemplar as approved by him / her in writing.
Changes required by customer, other than the correction of printer's errors, may be charged for. In particular if the customer requires for any reason a reprint of any order of which he / she has previously approved, which reprint includes any charge or alteration of any kind to the order, then such reprint shall be for the account of the customer not withstanding any claims that the customer may make about the original order.
Goods will be dispatched or must be collected by the customer when ready and customer shall not refuse or delay to take deliver.
Payment is due when goods are ready for dispatch or collection or otherwise as stated on the invoice.
When required to expedite delivery ahead of the time needed for proper production the designer/printer shall not be liable for defects occasioned thereby. Should such delivery require payment of overtime wages and other additional costs or delivery charges, all such extras are for the customer's account.
The customer shall accept as good and complete delivery, and shall pay the contract price pro-rata for any quantity that does not exceed or fall short of the quantity ordered by more than 10%.
Should the customer be supplying work on disk for the designer for poster printing, overhead foils, photographic slides, or any like work for the designers bureau service, the designer is not obliged to edit, check or guarantee the correctness thereof in any way whatsoever, and the printing, slides, foils etc. shall be made at the entire risk of the customer.
Complaints and claims will only be entertained if received by the designer / printer in writing within 8 working days of delivery. Standing matter and printer's materials of any kind whatever may be distributed, if effaced disposed of, immediately after the order is executed unless written arrangements are made for retention. A designer / printer may charge rent for storage of goods (digital included) retained at customers request. Origination and / or conceptual work and any copyright subsisting therein shall be property of the designer / printer unless otherwise agreed to in writing with the customer.
Customer's property and property supplied to the designer / printer on behalf of a customer will be held at customer's risk. The designer / printer will not be responsible for imperfect work caused by defects in or unsuitability of material and equipment not supplied to the designer / printer. The designer / printer will not be responsible for customer's material wasted in course of production. Extra costs incurred through the use of defective materials or equipment supplied are for the customer's account.
The designer / printer shall not be required to produce any matter which in his opinion is illegal or defamatory. The customer shall indemnify the designer / printer against any claims, cost and expenses arising out of any legal action against the designer for the work done on behalf of the customer, including but not limited to infringement of copyright, trademarks, patent or design.
Unless otherwise agreed either party may terminate any contract for designing / printing a periodical publication by giving not less than 3 (three) months in writing. Nevertheless the designer / printer may forthwith terminate any such contract should monies due remain unpaid or should any other of these conditions breached.
Any contract is subject to cancellation or variation by reason of force maior, or from any and every cause whatsoever beyond the designers / printer's control, inter alia, inability to secure labour, materials, power or supplies, or by reason of war, civil disturbances, riot, state of emergency, strike, lock out or other labour disputes, fire, flood, theft or Legislation.
The designer / printer may recover from the customer any increase in cost of production which occurs between the acceptance and execution of any order.
The designer / printer shall not be required to work to tolerances closer than those applicable to the materials obtained by him in the ordinary course of trade. No liability shall arise from variation in the standard, quality and performance of such materials.
It is the sole responsibility of the customer to determine whether the goods ordered by him / her are suitable for the purpose for which he / she intends using them. The designer / printer gives no warranty, expressed or implied, concerning the suitability of the goods supplied for any purpose whatever. The designer / printer shall not be liable for any direct, indirect, consequential or other loss to third parties, arising out of errors in contracting third parties, or by delay in delivery, or unsuitability of goods for use as intended.
When payment is overdue the designer / printer may suspend the delivery / ies without notice and without prejudice to any other legal remedy until due payment has been made. Furthermore, any work started but incomplete may be suspended and payment therefore becomes immediately due and payable, notwithstanding anything expressed herein, and any monies in respect of goods completed but not delivered shall there upon forthwith become due and payable. Moreover after the expiration of 14 (fourteen) days notice the designer / printer may exercise a general lien on all customers goods and property in his hands and may dispose of such goods and property as he sees fit and apply the proceeds towards such debts. The designer / printer may also elect to cancel and not produce any unmade balance of such contract and recover from the customer any losses sustained by so doing.

16.CONTRACT TERMINATION

In the event that pageWORKS Limpopo at any time reasonably believes that the Customer is in breach of any of the terms and conditions contained in this agreement or is using pageWORKS Limpopo services in an unacceptable manner, pageWORKS Limpopo may immediately terminate this agreement without liability.
pageWORKS Limpopo may terminate this contract with 30 days notice to the Customer for any reason or for no reason.
The customer may terminate this contract at any time by giving pageWORKS Limpopo no less than 30 days written notification. Such written notification must be sent by either FAX or registered mail. E-mail notification will not be accepted.
At the time of cancellation notification, the customer shall be responsible for the entire amount of any outstanding fees due.
All goods and services supplied by pageWORKS Limpopo remain the property of pageWORKS Limpopo until such goods or services have been paid for in full. The Customer is not entitled to sell or dispose of any goods unpaid for without the prior written consent of pageWORKS Limpopo.

17.LEGAL AGE/AUTHORIZATION

Member certifies that he/she is of legal age in the country of his/her residence to enter into this agreement.
Where acting on behalf of a Partnership, Close Corporation, PTY (Ltd), LTD or any other form of company/legal entity, the member hereby confirms that he/she has the full permission/authority to act on behalf said legal entity.

18.AMENDMENTS

pageWORKS Limpopo reserves the right to make amendments or changes to this agreement from time to time. pageWORKS Limpopo will notify all customers via e-mail when changes are made.

19.LITIGATION AND ATTORNEY’S FEES

In the event of any dispute arising out of or relating to this agreement, such dispute shall be resolved in Lephalale, South Africa.

The Customer shall be liable to pageWORKS Limpopo for all legal expenses on the Attorney Client scale of an Attorney and Counsel incurred by pageWORKS Limpopo in the event of (a) any default by the Customer or (b) any litigation in regard to the validity and enforceability of this agreement. The Customer will also be liable for any collection or valuation fees incurred. The Customer agrees that pageWORKS Limpopo shall not be liable to make payment of security into Court in terms of section 62 of the Magistrate’s Court Act, as amended. The Customer hereby consents to the jurisdiction of the Magistrates Court . The Customer chooses Domicilium citandi et executandi for services of all documents and processes the address entered in on the hosting application form.

20.ENTIRE AGREEMENT AND SEVERABILITY

This represents the complete agreement and understanding between pageWORKS Limpopo and Customer with respect to the subject matter herein. In the event that any term or provision of this agreement is held by a court to be unenforceable, then the remaining provisions shall remain in full force and effect.

21.ACCEPTANCE OF TERMS

Use of pageWORKS Limpopo services constitutes acceptance of the terms and conditions contained in this agreement and any amendments thereto.

By signing and submitting your debit order authority and/or hosting order form to pageWORKS Limpopo, you acknowledge that you have read, understand and agree to the above Terms and Conditions

*Please also read our Privacy Policy so you understand who we handle your data when visiting our website and making use of our products and services.