General Terms and Policies for ALL users and customers
These Terms of Service and Acceptable Use Policies (“Terms and Policies”) are an essential part of your relationship with Mococap (PTY) Ltd t/a Web Designer.
By ordering or using any services offered or provided by Web Designer, you agree to all of the Terms and Policies set out in this document below.
The Service is provided to authorised persons or organisations (referred to in this document as “Subscriber” or “you”). Any use of the service is subject to any restrictions listed below. By using the Service, you agree to be bound by all of these Terms and Policies. If you do not agree to be bound by these Terms and Policies, you must cancel your account immediately and may not thereafter use or attempt to use the Service.
If you are an individual Subscriber, these Terms and Policies apply to all persons who gain access through your account. If you are a commercial Subscriber, these Terms and Policies apply to all your employees, agents and / or customers. In either instance, a violation of these Terms and Policies by anyone using your account will be treated as a violation by you.
Prices and Charges
Web Designer provides the use of cPanel and domain control panels to you as part of your hosting services, however, if through misuse or through abuse on your part Web Designer incurs any charges, we reserve the right to pass these charges on to you. If you fail to settle these charges within a reasonable time frame or outright refuse to settle these charges, Web Designer reserves the right to cancel all your services with immediate effect until such time as the outstanding amounts are settled. If an outstanding invoice is overdue for more than a period of 10 days, Web Designer reserves the right to add applicable late fees to any and all relevant invoices. The late fee in question will be charged at a total of R98 per service applicable.
Termination of Services
Although Web Designer does have a backup policy in place we provide no guarantees whatsoever that these backups will be available in the event of loss of client data. These backups are strictly for our own use in-case of a catastrophic failure.
Maintaining backups of your data is your responsibility. In the event of data loss or catastrophic failure due to any cause whatsoever Web Designer will make a reasonable effort to recover lost data. However, if you do not have backups of your data we expressly disclaim responsibility for any losses or damages you may suffer as a result of loss of data.
In cases where we have backups of the lost data, restores of your account can be requested from us. This will be a chargeable service of R750.00 per restore as this is not meant as a replacement for keeping your own backups. We are not responsible for loss of data due to human error or malicious intent from outside sources. You must perform your own backups and you are solely liable for all your own data.
Domain Name Registration Confirmation
We make no representation that the domain name(s) you wish to register is capable of being registered by or for you or that it will be registered in your name. You should not assume registration of your requested domain name(s) until you have been notified that the domain name(s) have been registered.
The registration and use of your domain name(s) is subject to the terms and conditions of use applied by the relevant naming authority; ICANN in the case of .COM/NET/ORG etc, Nominet in the case of domain names ending with .UK and Uniforum SA in the case of domain names ending with .ZA. You shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable not-withstanding refusal by the naming authority to register your desired domain name(s).
We shall have no liability in respect of the use by you of any domain name(s); any dispute between you and any other person must be resolved between the parties concerned in such a dispute. If any such disputes arise, Web Designer shall be entitled, at its discretion and without giving any reason, to withhold, suspend or cancel the domain name(s) concerned. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such disputes.
We shall not release any domain to another provider unless full payment for that domain has been received by us. All charges payable by you for the services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision.
Without prejudice to our other rights and remedies under this agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of services to you.
You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of services by us to you and your use of the services.
If you fail to pay any sums due to us as they become due, we may suspend the services and/or terminate this agreement forthwith without notice to you.
If you breach any of these terms and conditions laid out above and below and you fail to correct the breach within seven (7) days following written notice from us specifying the breach, we may terminate this agreement forthwith.
If you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to terminate this agreement forthwith.
On termination of this agreement or suspension of the services we shall be entitled immediately to block your web site and to remove all data located on it. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us.
Web Designer has a zero-tolerance policy for abusive language and / or abusive behaviour towards us and / or services we provide and/or our associates, subcontractors and / or employees. Any customer deemed at our sole discretion to be abusive to us and / or services we provide and/or our associates, subcontractors and / or employees will be subject to immediate irrevocable account termination without any refund. Threats to sue, slander, libel, etc., are all considered forms of abuse and will result in immediate irrevocable account termination without any refund.
Any type of abusive treatment towards a Web Designer associate, subcontractor or employee will be considered as totally inappropriate and unacceptable. Each customer is expected to communicate in a polite and professional manner with Web Designer associates, subcontractors and/or employees regarding any request for help or consultation or any other reason for contacting our Web Designer team via e-mail, phone or through a Ticket Support System.
Each Customer is expected to avoid any form of emotional outburst or inappropriate language, or any other attempt to undermine the importance of good ethics in communication and human relations. Any act of close nature, or other type of offensive, abusive, disrespectful or condescending behaviour – oral, written, or delivered by a second party – to associates, subcontractors and / or employees of Web Designer will be interpreted as a breach of this terms of service agreement.
Web Designer may at its discretion suspend or terminate services of any customer that is abusive / harassing to Web Designer and / or Web Designer associates, subcontractors and / or employees.
Examples of such activity include, but are not limited to;
• Verbal abuse – cursing, yelling, threatening, etc…
• Ongoing disregard for warnings or notices
• Consistent mistakes / errors / changes causing unnecessary workload
• Spamming Web Designer email addresses, ticket systems, or servers
• Continuous involvement in flood / DDOS activity, hacked services, or other ongoing non-permitted usage
• Consistent late payments or responses
• Issuing a charge back or bouncing a payment
• Continuous activation of problematic end-users
• Activity which affects the service(s) of other Web Designer customers and/or staff.
If you are unhappy with any aspect of our service or order immediately after registration, please contact our support department immediately so as to stop us as soon as possible from performing any work or registering any domain, applying for ssl or performing any other work or service. There will be no refunds if we have already performed the work or portion of the work that you have ordered.
We do not issue any refunds for work already undertaken, domains already registered, ssl certificates already ordered and we may, at our discretion, decide to issue a partial or portioned refund or credit to your account, depending on circumstance and the reasons why you are cancelling.
No refunds will be made if we terminate your hosting or other services due to violation of our Acceptable Use Policy or any other violation of our Terms and Conditions listed above or below, except as may be provided therein. This does not affect any statutory rights.
Credit on your account cannot be refunded and must be used for purchases and renewals.
Any funds sent to Web Designer which are in excess of the amount owed shall only be reimbursed in credit for offered services and cannot be refunded.
Application of the Consumer Protection Act (CPA)
Notwithstanding the provisions of any clause there are no automatic renewal contracts as all services are provided on a monthly or annual basis. Changes in the service or pricing levels will be communicated to customers on or before the beginning of a new month / year. The customer has the right to renew or cancel services after each month/year period expires.
Should the Consumer Protection Act (“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 Consumer 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.
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 certain clauses in respect of the Customer (“Threshold Values”) are below a certain value at the time the transaction is entered into.
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.
Should the CPA be applicable to this agreement or to the relevant Service Order, the provisions of this agreement or of this clause, 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 Consumer 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.
The Provider’s duties under a particular Service Order may vary depending upon 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.
Grounds for Suspension and Termination
You agree to comply with these Terms and Policies. Any violation of either, these Terms and Policies or the other rules, regulations or policies noted above may serve as cause for Web Designer to suspend or terminate your account. You agree that Web Designer has the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following:
• Using the Service in a way, which constitutes violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law)
• Hosting websites dedicated to pornography. Legal adult content is NOT allowed and will be suspended immediately.
• Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail (“spamming”); this ground for suspension or termination is separate from and in addition to the fees which will result from such activity. You agree to pay a clean-up fee of R500 per hour if any of our server IP addresses appear on a blacklist as a result of spam from your account.
• Using the Service in an attempt to break security, or so as to actually break security of any computer network (including the Service itself), or to access an account, message, or file which does not belong to you.
• Using your account as a backup service. All files must be part of your website and must be linked to from your account.
• Using the Service in such a way as to forge or misrepresent headers, addresses, or other identification in electronic mail or websites, or using any other method to disguise the sender’s identity or location. This includes the hosting of Proxy Server applications.
• Uploading, linking to or storing warez, cracks or other pirated software.
• Assisting in or directly distributing copyrighted material.
• Excessively using the Service in such a way as to limit the bandwidth available to others.
• Providing fake or incomplete contact details, including name, postal address and telephone number.
• Using the Service to operate server programs, including, but not limited to mail servers, IRC servers, game servers, ftp servers, Web servers, or streaming audio/video servers.
• Using the Service for unauthorised relays through any third party systems.
• Attempting, in any way, to interfere with or deny service to any user or any host on the Internet.
• Performing a chargeback on any transactions past or present will result in account suspension until resolved. If a chargeback is issued we reserve the right to remove your account and deny any future business.
• Using the Service for mail bombing, which includes any instance where multiple messages are sent to a specific destination with the intent to render the recipient and/or the electronic system serving that recipient dysfunctional.
• Using the Service to add or attempt to add addresses to any mailing list (yours or a third party’s) without the explicit positive consent of the addressee(s).
• Attempting to cancel, supersede, intercept or otherwise interfere with email other than your own.
• Engaging in harassment, whether through language, frequency, or size of messages, either with email or website content.
• Using the Service to engage in SYN flood attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effective impedes or totally disables functionality of the recipient system(s), or any other methods of denial-of-service attacks.
• Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information.
No bill credit will be given for a period of suspension. In the event of termination of your use of the service under this section, Web Designer may at its sole discretion retain any or all amounts you have paid for use of the service as liquidated damages for your actions.
You agree not to access or attempt to access private areas of the service. You agree to notify Web Designer as soon as you become aware of an unauthorized use of your account and/or any breach or attempted breach of security on the Service.
Web Designer does not undertake to examine or review messages, files, or other materials, which are accessible through, pass through, or reside on the Service.
Complaints regarding alleged copyright infringement can be sent to us by using the contact form on this website.
Complaints should include a specific identification of the allegedly infringing material and the location(s) on Web Designer facilities where the materials are to be found. Upon receipt of such written notice, Web Designer will expeditiously remove or block access to the allegedly infringing material and provide notice to the person who had posted that material. If Web Designer receives a notification from that person indicating that the claim of infringement was based upon mistake or misidentification, Web Designer will send you a copy of that notification. Unless you notify Web Designer of appropriate court action to restrain the alleged infringement, the challenged material will then be restored or otherwise made accessible again.
You agree that use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied by Web Designer, neither Web Designer nor any of its affiliate controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. Web Designer neither endorses nor is responsible for the accuracy of third-party material(s), and you agree that Web Designer is not responsible for any loss or damage caused by your use of, or reliance on, such material(s). You understand and agree that you have sole responsibility for your posting of any information or material to any site or newsgroup on the Internet, including but not limited to postings to web sites, whether residing on Web Designer equipment or not, postings to newsgroups, and participation in any on-line chat sessions. You agree to indemnify and hold harmless Web Designer and its employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your postings.
You agree that, should you use the Service to send or receive voice communications, Web Designer is not acting as a telecommunications carrier or telephone, that there is no representation made by Web Designer as to the suitability of the Service for such use, and that all risk of connection, transmission quality, and accuracy of communications is solely on you, and that Web Designer has no liability of any sort for the failure or lack of quality of such use of the Service.
You agree to be liable for any damages or loss of service which results in damages to Web Designer as a result of any spamming or other violations of the Grounds for Suspension and Termination section above. These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements. You agree that Web Designer may pursue any such claims against you in Court.
You agree that in no event will Web Designer have financial liability to you.
Web Designer makes no express or implied warranties, including warranties of title, non-infringement, and warranties of merchantability or fitness for a particular purpose, regarding the services, or any software or other material available through the services, regardless of what you may have told Web Designer about your intended use of the services. No oral advice or information given by Web Designer or its employees shall create a warranty or otherwise alter the provisions of this section.
The services and any software provided to you by Web Designer are provided on an “as is, as available” basis; Web Designer does not warrant that they will be error-free and/or uninterrupted, or that defects will be corrected. Web Designer does not guarantee the security or back-up of any of your data which may be stored on the services.
Because the Internet is a global communication tool, and we have many clients it is difficult to dictate what is considered “adult material.” However, it is not our function to discriminate against those who choose to utilize adult content or adult related material. This being said, there are several reasons why Web Designer has created it’s no adult sites policy for its virtual server users.
What does Web Designer consider “Adult Material?
• Any site whose revenue is gained in part or whole from its adult content.
• Photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes.
• Revenue-generating hyperlinks to sites that violate policy #1.
Why does Web Designer have this policy?
Bandwidth and Resources
A virtual server is a shared environment where many servers reside on each particular machine. This being said, consider that an average “adult site” gets more hits than 100 standard websites. Some of the smaller adult sites get around 5 GB of transfers per day. With these types of resources being utilized, our servers would be severely slowed if we allowed these high traffic sites to also reside on our servers. On top of that, we would be forced to raise our prices to pay for the additional bandwidth. We strive to keep our servers fast and inexpensive, and our bandwidth clear; therefore, adult sites are not an option.
Web Designer reserves the right to decide what it considers “adult content”, “adult material”, “sexually explicit”, or “sexually related”. Let us know if you are unsure of the approval of your site before placing an order.
User may not:
• Use 10% or more of system resources for longer than 60 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
• Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
• Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
• Run any software that interfaces with an IRC (Internet Relay Chat) network.
• Run any bit torrent application, tracker, or client.
• Participate in any file-sharing/peer-to-peer activities
• Run any gaming servers such as counter-strike, half-life, battlefield 1942, etc
• Run cron entries with intervals of less than 15 minutes
You may create your own backup of your account from your control panel however these may only be stored for up to 7 days. Please download archives to a local source and remove them from your account.
You understand and agree that while Web Designer makes every effort to eliminate controversial, sexually explicit, or other material that may be offensive to you or users for whom you are responsible, Web Designer has no responsibility for or control over such materials, and you take sole responsibility for using any available screening software or other methods of limiting access (specifically including the access of minors) to any material you may find objectionable.
Web Designer will not provide names, addresses, telephone numbers, email addresses, or any other personally identifiable information on any Subscriber to any third party without prior permission from that Subscriber, or as required under an appropriate court or administrative directive, including a facially valid subpoena, or as necessary to render the Service. Web Designer may provide aggregate data on Subscribers to third parties in the operation of Web Designer business.
You agree that any dispute between you and Web Designer arising out of your use of the Service on in any way based upon your subscription to and/or use of the Service which cannot be resolved between you and Web Designer will be submitted by the aggrieved party for binding arbitration under the auspices of the South African and English law.
These Terms and Policies are governed in all respects under South African law.
Cancellation requests must be submitted via email to Web Designer. Cancellation of services may be subject to a notice period of 30 days at Web Designer sole discretion.
It is your responsibility to ensure any payment subscriptions you have set up are cancelled.
No other forms of cancellations are accepted.
Cancellations must be submitted before the invoice for that billing cycle is due. Failure to do so will result in the invoice being due. Cancellation requests can only be submitted if the account has no due invoices.