Mr Website - Terms of Use

1.1 Mr Website shall in accordance with the client's instructions procure the registration and/or forwarding of a domain name for the client.
1.2 The client acknowledges that the registration, transfer, modification and/or forwarding of a domain name is subject to the rules and regulations of the authority responsible.
1.3 The client hereby warrants that it is the lawfully entitled owner of the domain name (if registered already), or has the consent of the owner to use such domain name and that by using the domain name it has not violated any intellectual property rights of whatever nature of any person who may lawfully claim title of whatever nature to such domain name and hereby indemnifies and holds Mr Website free from any liability and any claims of whatever nature howsoever arising as a result of the use of the domain name.
1.4 The client acknowledges that Mr Website shall not attend to the registration of any Domain name without payment in full being received by Mr Website in full.

2. WEB SITE HOSTING TERMS & CONDITIONS

2.1 Mr Website shall, in accordance with the client's instructions: host the client's web site.
2.2 permit users of the Internet access to the web site, limited to a maximum monthly data traffic allowance of bandwidth measured in megabytes as specified;
2.3 allocate the client disk space on Mr Website's server;
2.4 take such steps as Mr Website regards as reasonable to secure the client's web site from unauthorized access;
2.5 provide the client with statistics at an additional charge, available via Monthly / Live Stats for information purposes only. The client acknowledges that the statistics provided by Mr Website will be as accurate as possible and indemnifies and hold Mr Website liable against any damages it may suffer as a result of relying on such statistics;
2.6 shall not be liable for any illegal software or licenses utilized by the client.

3. E - MAIL TERMS AND CONDITIONS

3.1 Mr Website shall provide the client with e - mail services in accordance with the client's instructions and at such charge as shall be specified.
3.2 Mr Website assumes no responsibility for the failure of any mail delivery or the loss of any mail.

4. DISCLAIMER FOR LIABILITY

4.1 The Mr Website website, products and services (or to third party information, products and services), is provided 'as is', without any representation or endorsement made and without warranty of any kind whether express or implied. Mr Website makes no warranties that the functions contained in the material contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or represent the full functionality, accuracy, reliability of the materials. In no event will Mr Website be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damages whatsoever arising from use or loss of use of, data or profits arising out of or in connection with the use of the Mr Website website.
4.2 The client shall have no claim against Mr Website and the client hereby indemnifies and holds Mr Website free from liability in respect of any loss or damage:
4.2.1 caused by or arising from any fact or circumstances beyond the reasonable control of Mr Website; or
4.2.2 any downtime, outage, interruption in or unavailability of the server or the Mr Website network as a result of or attributable to any of the following causes:
4.2.2.1 software services, repairs, maintenance, upgrades, modification, alterations or replacement;
4.2.2. system downtime for any reason (including but not limited to service, repairs, routine maintenance, agreed maintenance, environmental maintenance, upgrades, modification, alterations, replacement or a relocation of premises;
4.2.2.3 the damage, contamination or corruption of any kind of the server or any of the client's data, material, information and/or content howsoever occasioned;
4.2.2.4 any inaccuracies in the statistics given to the client;
4.2.2.5 any breakdown of whatever nature and howsoever arising in any of the services provided by Telkom (including, but not limited to, line failure) or in any international services or remote mail servers;
4.2.2.6 the non-performance or unavailability, of whatever nature and howsoever arising, of external communications networks to which the server or the Mr Website network is connected;
4.2.2.7 any infringement of the client's rights of privacy and/or any other like rights (including those of any other person or entity) by any person whomsoever arising from the hosting of the client's web site in terms of this agreement;
4.2.2.8 any breach of security by any third party or any breach of confidentiality by a third party or otherwise arising from any access howsoever obtained by a third party to the client's information, data or content;
4.2.2.9 any service, repairs, maintenance, upgrades, modification, alterations, replacement or work of any nature done on the server by any third party;
4.3 Mr Website reserves the right to take whatever action it deems necessary at any time to preserve the security and reliable operation of Mr Website's network and the client undertakes that it will not do or permit anything to be done which will compromise the security of the Mr Website network.

5. APPLICABLE LAW AND JURISDICTION

This agreement shall be deemed to have been made in the Republic of South Africa and the construction, validity and performance of the agreement, shall be governed by South Africa law.

6. GENERAL

6.1 All Mr Website services are subject to twelve months contract.
6.2 All cancellations of Mr Website's services are as per clients reasonable request.
6.3 A discount as determined by Mr Website applies to some services on payment for the year.
6.4 Methods of payment are by debit order on request.
6.5 All debit orders will be cancelled immediately upon request provided the is no outstanding monies.

7. GENERAL PROVISIONS

7.1 No extension of time or indulgence which one party (the grantor) may grant to the other (the grantee) shall constitute a waiver of any of the rights of the grantor who shall not be precluded from exercising any past or future rights against the grantee.
7.2 This document constitutes the sole record of the agreement between the parties and no addition, variation or agreed cancellation of this agreement shall be of any force or effect unless in writing and signed by or on behalf of the parties other than in terms of clause 7.4 below.
7.3 No party shall be bound by any express or implied terms, representation, warranty or the like which is not recorded in this agreement.
7.4 These terms and conditions may change from time to time. The user may view such terms and conditions at http://www.mrwebsite.co.za/disclaimer.html and unless otherwise notified, Mr Website shall deem that the user has been acknowledged and agrees thereto within 7 (seven) days of such changes being effected.

8. FEES AND PAYMENT

8.1 The Client shall pay Mr Website such fees as are published on its contract from time to time. 8.2 The Client shall be obliged and hereby undertakes to pay to Mr Website on presentation of an invoice reflecting amounts payable by the client.
8.3 No service will be installed by Mr Website or Mr Website shall have the discretion to suspend a service until payment as specified in clause
8.2 has been made in full.
Mr Website reserves the right to deny issue of any service if there is suspected fraud or otherwise illegal activity derived from the application for service or usage of a particular service.