My-Co.co.za Terms & Conditions (Click here to see the My-Co Privacy Policy)
Web Hosting and Development - Terms & Conditions
The terms and conditions set out in this document, read together with the customer details, as set out or provided in the customer's application which was accepted by My-Co.co.za, govern the relationship between My-Co.co.za and the customer of My-Co.co.za.
ACCEPTANCE OF ORDER
The agreement and the provision of service, will only come into being between My-Co.co.za and a customer when the customer has agreed to the terms and conditions contained herein.
If the credit status of the customer was not accepted by My-Co.co.za on activation of the service, subject thereto the service may be terminated.
The customer agrees to an online, paperless subscription.
The customer acknowledges that all the information that is submitted online is true and correct to the best of their knowledge.
The customer agrees that the act of submitting the subscription form online is in lieu of their signature.
PROVISION OF THE SERVICE
Commencing on the date of this application ("the commencement date") and for the duration of this agreement thereafter, My-Co.co.za shall make reasonable efforts to make available a continuous, uninterrupted, expedient and error-free service to the customer, subject to the terms and conditions set out herein.
Notwithstanding the provisions of B1, the customer acknowledges that in the normal course of provision of service(s), temporary interruptions may occur for whatever reason. In the circumstances, My-Co.co.za shall not be held liable for any damages whatsoever (economical or otherwise) which the customer may suffer as a result of such interruption of service(s).
The customer shall solely be responsible, unless otherwise stated in this agreement, for provisioning, configuration and maintenance of all equipment on its premises, including (without limitation) computer hardware equipment, telecommunication equipment and modems necessary and required by the customer to exercise its rights and enjoy the services provided herein.
PAYMENT
The customer shall pay to My-Co.co.za all applicable charges, tariffs, fees and other amounts ("charges") as may be set out in this agreement or on our published price list, in respect of the provision of the services to the customer.
My-Co.co.za will be entitled to adjust any of its charges, including without limitation tariff increases as on the 1st of January, at any time by giving the customer a 30 day electronic notification of such adjustments.
All access charges that entitle the customer to obtain access to the services subscribed for, shall be payable in the manner as set out in this agreement and where such charge is indicated as-
Rental charges: levied periodically, usually on a monthly basis, and subject to a minimum rental period of one calendar month or as determined by My-Co.co.za from time to time for each Service or service promotion. Rental charges are payable in advance for the first and any subsequent rental period, as from the date on which the Service is established. Where the Customer requests the termination of a Service the rental amount, if any, paid for a period after the official date of termination will be credited to the Customer.
If the Customer requests that a Service be terminated prior to the expiry of the minimum rental period, the non-expired part of the rental period will stay in force. In such cases the Customer shall remain liable for the rental for the non-expired part of the rental period.
Any payment due to My-Co.co.za not made on the due date thereof shall bear interest at a rate of 2% (two per centum) above the prime bank overdraft rate as charged by My-Co.co.za's bankers from time to time, calculated from the date payment was due until date of actual payment in full, capitalised monthly in arrears.
The customer agrees that submission of bank account information or credit card details to My-Co.co.za constitutes authorisation by the customer for My-Co.co.za to debit the specified bank account for all fees owed by the customer to My-Co.co.za.
The customer agrees and accepts that the customer may supply updated bank account information or credit card details to My-Co.co.za any time during the month, but that such changes need to occur before the twentieth of the month to be used in the following payment run.
The customer shall, on demand, pay to My-Co.co.za all costs and expenses incurred by My-Co.co.za in enforcing the terms of this agreement, including without limitation legal costs on an attorney and own client basis.
Should the bank dishonour any payment offered by the customer to My-Co.co.za, My-Co.co.za shall be entitled, over and above the dishonoured payment as well as bank charges, to charge and the customer shall be obliged to pay a reasonable administration fee.
Any upgrades or changes to another service / product, may be subject to additional charges or separate agreement.
The customer agrees that outstanding balances on suspended, cancelled or handed over accounts may be transferred to the client's active accounts.
INSTALLATION AND CONNECTION
The customer acknowledges that any installation date or connection date furnished by My-Co.co.za is provisional only and, should installation or connection, as the case may be, not be affected by such provisional date-
My-Co.co.za shall not be responsible for any consequences of such delay or be liable for any damages, costs or expenses whatsoever incurred or suffered by the customer or any third party, and the customer shall not be entitled, as a result of such delay, to terminate this agreement or withhold any payment.
LIABILITY
This clause E specifies the entire liability of My-Co.co.za, including, without limitation, liability for negligence. In particular (but without limitation) all statutory, expressed, implied or collateral terms, conditions or warranties are excluded.
My-Co.co.za shall under no circumstances be liable (including liability for negligence) for any loss, damage or injury that the customer or any third party may suffer, no matter when or how arising, specifically including (but without limitation) refunds of fees, loss of profits, financial loss, loss of contracts, loss of income, loss of anticipated business, cost of replacement services, savings use, goodwill or any other form of consequential loss.
Any service(s) provided herein is provided on an "as-is" basis and My-Co.co.za makes no express or implied warranties or representations of whatsoever nature with respect to any such service.
The customer shall and hereby does indemnify My-Co.co.za-
against any damage, loss or liability (excluding liability for My-Co.co.za wilful misconduct) arising from the provision of services to the customer, its employees, directors, agents and / or representatives.
against any damage, loss or liability of whatsoever nature arising from a breach of My-Co.co.za security measures, any misuse of My-Co.co.za's facilities or services and / or any act or omission of any other customer of My-Co.co.za.
from any claim by any third party arising directly or indirectly out of or related to the customer's access to or use of services rendered by My-Co.co.za or any information or data obtained through such access or use and its holding company, affiliates and subsidiaries, for all loss, damage, cost or liability that may be incurred by any one or more of them in the event that the customer's use of the service and/or the products supplied hereunder -
constitutes a violation of any law, regulation or tariff;
is defamatory, fraudulent or deceptive;
is intended to threaten, harass or intimidate; or
interferes with the use or enjoyment of other customers of the services and products provided by My-Co.co.za.
Under no circumstances whatsoever will My-Co.co.za's liability, if any and whether in contract or otherwise, exceed the aggregate of the amounts actually paid by the customer to My-Co.co.za.
USE LIMITATIONS
The customer hereby agrees -
that it is aware and will stay aware of and shall at all times comply with all statutory or other regulatory provisions and rules applicable to the provision and use of the services from time to time;
that it shall make use of the services in a responsible, prudent, lawful and honest manner;
that it shall comply with any directions, instructions and limitations issued or notified by My-Co.co.za from time to time in connection with the services;
that it shall not use any service in a manner which -
constitutes a violation of any law, regulation or tariff that may be in force in South Africa or elsewhere. In particular the customer undertakes to familiarise itself and ensure that it is kept continuously appraised of all such laws, regulations and tariffs in force from time to time which may have any bearing on the services rendered and products provided by My-Co.co.za and/or the customer's access to or use thereof;
constitutes an act or omission that is generally unacceptable or offensive to internet users in general, to the public at large or as same may be determined by My-Co.co.za from time to time in its sole and absolute discretion, specifically including (but not limited to) the hosting or distribution of pornographic material, spamming, hacking, unsolicited mailing etc.;
contravenes any My-Co.co.za, as such document may be published, updated and amended by hot4africa.com from time to time;
is defamatory, fraudulent or deceptive;
is intended to threaten, harass, nuke or intimidate;
tends to damage the name or reputation of My-Co.co.za, its holding company, affiliates and or subsidiaries or;
interferes with the use and enjoyment of Internet related services of customers of My-Co.co.za;
that the services to be rendered to the customer shall be as defined and subject to such limitations as may be notified from time to time by My-Co.co.za.
that the customer is aware of the limitations of all relevant services and that service quality and coverage available shall be limited to that supported by the infrastructure of My-Co.co.za, its network providers and My-Co.co.za and that service may from time to time be adversely affected by a number of different causes:
- that it shall not commit any act or omission which may have an adverse technical effect on the integrity or functionality of the network infrastructure of My-Co.co.za or that provided or made available to the customer by or through My-Co.co.za. If any act or omission of the customer has such an adverse technical affect the customer shall, on receiving notification to that effect from My-Co.co.za, forthwith take such steps as may be necessary to rectify the situation at his own cost and expense, failing which My-Co.co.za shall be entitled, without prejudice to its other rights in terms hereof or at law, to forthwith suspend the service and/or terminate this agreement;
- that unless otherwise agreed by My-Co.co.za in writing, it shall not resell or make available to third parties, in any manner whatsoever and whether directly or indirectly, the services provided to it by My-Co.co.za; that it shall take whatever steps may be necessary to ensure the safekeeping and confidentiality of all identification codes and passwords furnished by My-Co.co.za for use by the customer and shall specifically not disclose the same to any third party without My-Co.co.za's prior written consent.
- to comply with the rules and regulations applicable to any network that is accessed through My-Co.co.za;
- where it is outside the Republic of South Africa and wishes to connect to the internet, such connection may be subject to the terms and conditions of a Global Service Provider ("GSP"). The customer has been informed of and acknowledges that the GSP is not affiliated to My-Co.co.za.
SUSPENSION OF SERVICE
My-Co.co.za may from time to time and without notice suspend the services in any of the following circumstances-
during any technical failure, modification or maintenance either of the service or the equipment by means of which the service is provided;
if the customer -
fails to comply with any of the terms and conditions of this agreement (including failure to pay any charges due) until the breach (if capable of remedy) is remedied; or
does or allows anything which, in My-Co.co.za's reasonable opinion, may have the effect of negatively affecting the operation of the My-Co.co.za network or the provision of services to the customer or to any other customer(s) of My-Co.co.za.
uses the service in contravention of any act or regulation.
Notwithstanding any suspension of service under this clause G, the customer shall remain liable for all charges due hereunder throughout the period of suspension unless My-Co.co.za, in its sole discretion, determines otherwise.
TERMINATION
Notwithstanding anything to the contrary contained in this agreement, My-Co.co.za shall at any time be entitled to terminate this agreement on not less than 30 (days) notice to such effect to the customer, My-Co.co.za making due refunds. In the case of a month to month agreement the customer shall give My-Co.co.za one calendar month notice of termination.
Without prejudice to any other rights or remedies which My-Co.co.za may have in terms hereof or at law, My-Co.co.za shall be entitled to forthwith cancel this agreement and discontinue the service if the customer fails to comply with any of the terms or conditions of this agreement or any other agreement made between My-Co.co.za and the customer.
Upon termination of this agreement My-Co.co.za shall disconnect the customer from the networks of My-Co.co.za and all its network providers.
After disconnection of the customer upon termination of this agreement, the customer shall on demand pay all charges outstanding at the time of disconnection, including any disconnection or termination fee, which may be charged by My-Co.co.za.
Upon termination due to any breach of this agreement by the customer, My-Co.co.za shall be entitled to claim damages.
Cancellations must be sent via email to info@my-co.co.za and must be sent from the customer's email address on record. A copy of the customer's Identity Document must be attached to the cancellation request. My-Co.co.za may request additional information to verify the cancellation. Any cancellation request that does not fulfil these criteria may be deemed invalid and may not be processed.
EXCUSABLE EVENTS
My-Co.co.za shall not be liable to the customer for any breach of this agreement or failure on its part to perform any obligation as a result any circumstances outside My-Co.co.za's reasonable control, including without limitation, of technical problems relating to the network, or any one of them, acts of God, government control, restrictions or prohibitions or any government act or omission, whether local, national or international, act or default of any supplier, agent or sub-contractor, industrial disputes of any kind or any other cause.
ALTERATION
My-Co.co.za reserves the right and shall be entitled-
to alter any name, code or number allocated by My-Co.co.za for use in connection with the services and the customer hereby indemnifies My-Co.co.za against any cost to the customer, loss or liability arising from such alteration.
SUPPORT SERVICE
My-Co.co.za shall, as and when specifically requested to do so by the customer in writing via email, render such consultation and support services to the customer pertaining to the identification and, if possible, solution of problems encountered by the customer in the My-Co.co.za services rendered to it or with his Internet related services in general as the customer may request, subject to the payment by the customer of all hourly tariffs, distance charges and other related fees payable in respect thereof.
My-Co.co.za shall, as part of such service, identify the customer's problem, but does not give any warranty, guarantee or any other similar undertaking that it will be able to rectify all or any of the problems so identified.
The customer shall-
supply all software, hardware and all related documentation required by My-Co.co.za to identify and solve any problem encountered by the customer. Failure to do so will result in My-Co.co.za not being able to assist customer any further, whilst the customer shall remain liable for the payment of any and all amounts referred to in K1;
render to My-Co.co.za, its agents, representatives and employees all necessary assistance to identify, locate and solve any problem encountered by the customer; and
ensure the safety of all agents, representatives and employees of My-Co.co.za present at the customer's premises and shall and hereby does assume responsibility and liability for any cost, expense, loss or damage incurred or suffered by My-Co.co.za or any of its representatives, agents or employees as a result of any injury to or the death of any such person whilst present at the customer's premises, from whatsoever cause arising.
My-Co.co.za does and shall not accept any responsibility or liability for any existing data on the customer's equipment and shall specifically not be required to back-up any data before commencing any work.
The customer hereby indemnifies and holds My-Co.co.za harmless against any cost, liability, loss or damage incurred or suffered by the customer or by My-Co.co.za as a result of the loss of any such data, whether occasioned by any act or omission of My-Co.co.za, its representatives, agents or employees or otherwise.
Consultation time charged for will commence when the relevant My-Co.co.za agent, representative or employee leaves the My-Co.co.za office and will end when he returns to the My-Co.co.za office. The customer will be charged should the consultant for any reason whatsoever not be able to obtain access to the customer's premises or equipment.
GENERAL
The customer shall not cede, assign, transfer, encumber or delegate any of his rights or obligations in terms of this agreement to any third party. Notwithstanding anything to the contrary contained herein, My-Co.co.za shall be entitled to cede its rights and delegate its obligations in terms of this agreement to any of its affiliate companies, provided that reasonable guarantees will be given to the customer.
The terms and conditions as set out herein, constitute the entire agreement between My-Co.co.za and the customer and supersede all representations made to the customer, all amendments effected by the customer to any application form or other similar document submitted by him and all communications between My-Co.co.za and the customer relating to the subject matter hereof.
The customer chooses, as his domicilium citandi et executandi, the physical address set out in "Customer Details" in this agreement.
My-Co.co.za reserves the right to amend these terms and conditions from time to time and shall notify the customer of such amendments.
This agreement shall be governed by and construed and interpreted in accordance with the law of the Republic of South Africa.
The clause headings in this agreement are for the purpose of convenience only and shall not be taken into account in the interpretation of nor modify the terms of this agreement. Unless inconsistent with or a contrary intention clearly appears from the context words importing any reference to a gender includes the other genders, any reference to the singular includes the plural and vice versa, and any reference to natural persons includes legal persons and vice versa.
If any clause or clauses of the terms and conditions of this agreement is found by any court of competent jurisdiction to be invalid or unenforceable, the remainder of the terms and conditions of this agreement shall remain valid and enforceable.
The customer shall protect all username & passwords for My-Co.co.za. My-Co.co.za accepts no liability whatsoever for any misuse or abuse of the customer's service as a result of disclosure of a customer's username & password. The customer will immediately notify My-Co.co.za, when it becomes apparent that his/her username & password has been compromised, until such notification is received & accepted by My-Co.co.za, the customer remains liable for any usage charges incurred or outstanding on the customer's account.
My-Co.co.za accepts no responsibility or liability for the breach of security in the distribution of a username & password in accordance with the customer's instructions.
The customer hereby gives My-Co.co.za permission to perform a credit check on the customer's credit profile with one or more of the registered Credit Bureaus when assessing the customer's application for services and record and transmit details of how the customer has performed, and how the account is (or was) conducted by the customer in meeting their obligations on the account.
INTELLECTUAL PROPERTY
The intellectual property rights including (without limitation) copyrights and the trade and service marks utilised by My-Co.co.za during the term of this Agreement, shall remain the property of My-Co.co.za, save as provided herein, nothing contained in this Agreement shall be construed to confer on the customer any rights or licences in such intellectual property rights.
Should My-Co.co.za be required to develop any computer code, data, documents, presentations, solutions design, web site or any application ("the work"), then all intellectual property rights in and to such work shall vest exclusively in My-Co.co.za.
To the extent that intellectual property rights in the work vests, for whatever reason, in the customer, the customer hereby agrees to assign all such intellectual property rights to My-Co.co.za, which hereby accepts such assignment.
Save as provided for in this agreement, any licence granted to the customer in terms of this agreement shall be for a singular user only. The customer shall be obliged to pay a licence fee for multiple use.
The customer shall not modify or use any software, computer code, data, documents, presentations, solutions design, web site or any application licensed to it in terms of this agreement, to create a derivative work.
PRODUCT SPECIFIC
Web Hosting and Development My-Co.co.za shall:
- Provide a service in accordance with choices set out in the order form.
- Host the client's website on a My-Co.co.za, the type of server (either Unix or Windows) depends on the product chosen from the order form.
- Allocate the client the server space as indicated on the order form.
- Allow Internet users to access the website, there is a set amount of monthly traffic usage (measured in megabytes), the amount of megabytes depends on the product chosen from the order form.
- Adhere to the Electronic Communications and Transactions Act 25 of 2002.
- Clients are responsible for backing up their data and My-Co.co.za encourages ALL hosting clients to do so as frequently and completely as possible.
- My-Co.co.za will not be liable for any data loss or any other losses or damages related to backups or data recovery without exception.
