WAO HOST SERVICE DELIVERY TERMS AND CONDITIONS
CUSTOMER SERVICE AGREEMENT
This is an agreement between you and WAO Host PTY LTD– Hosting Solutions cc, regarding your use of WAO Host PTY LTD computers, interactive information, communication and server management service. This Agreement governs the terms and conditions under which WAO Host PTY LTD makes the services offered by WAO Host PTY LTD available to individual consumers through a personal computer or similar access, or to individual consumers or small businesses in connection with the “WAO Host PTY LTD” web hosting or similar services. Under this Agreement, you must comply with WAO Host PTY LTD’ then-current “Acceptable Use Policy,” as updated from time to time by WAO Host PTY LTD.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
(NOTA BENE: In an event where a client did not read or even could not or refuse sign and return WAO Host service Agreements/Contracts while receiving the opted services, all terms and conditions will be deemed as binding)
- WAO Host PTY LTD will host an account for you, the purchaser (hereafter referred to as the “customer”), for the customer’s chosen domain name, for the period of time (the Term) corresponding with the payment plan chosen by the customer. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated. We require notification of non-renewal with at least 30 days notice but not more than 60 days prior to the renewal date. You must have all account information to cancel and send your notification via email to email@example.com, upon receipt of the email we will provide you with an online cancellation form which must be completed to confirm cancellation. If you do not provide this notice and also complete the online cancellation form, you will be charged for the next terms rate. There are no refunds on a la carte services.
- The customer agrees to an online, paperless subscription and 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 order form online is in lieu of their signature.
- Initial Set-up fees are non-refundable. Domain Name Registration fees constitute a once-off payment subject to certain renewal charges. Domain names are initially registered under WAO Host PTY LTD name and are only transferred to the customer’s name after 120 continuous days of subscription to WAO Host PTY LTD’ service. If a notice of cancellation is received within 120 days of signing up then the customer will be liable to pay the domain registration fees or the domain name will not be transferred to the customer’s name. WAO Host PTY LTD request customer to provide documents to proof customer identification for any domain updates if it seems necessary.
- The Account Holder acknowledges that WAO Host PTY LTD will not be liable for any loss of use, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, delict, or otherwise which may be suffered as a result of or which may be attributable, directly or indirectly, to the use and/or registration of the selected domain name and accordingly indemnifies WAO Host PTY LTD against any loss whatsoever arising from any dispute or claim occasioned by the registration, domain name expiry and/or domain name hijacking of the selected domain name whether occasioned by any act or omission of WAO Host PTY LTD, its representatives, agents or employees or otherwise.
- WAO Host PTY LTD’ services are provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. WAO Host PTY LTD expressly disclaims any representation or warranty that the WAO Host PTY LTD services will be error-free, secure or uninterrupted. No oral advice or written information was given by WAO Host PTY LTD, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice. The terms of this Section will survive any termination of this Agreement.
- The Virtual Web Server Internet account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. Further, the Account Holder agrees not to store, transmit, link to, advertise or make available any images containing pornography. Violations of these or any other provisions of this Agreement may result in termination of the services provided by WAO Host PTY LTD, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of WAO Host PTY LTD based upon the severity of the violation.
WAO host Pty LTD reserves the right to refuse service if any of the content within, or any links from, the Account Holder’s website is deemed illegal, misleading, or obscene, or is otherwise in breach of WAO Host PTY LTD’ then-current Acceptable Use Policy, in the sole and absolute opinion of WAO Host PTY LTD. Notwithstanding anything in this Agreement, the content of the Account Holder’s website is the sole responsibility of the Account Holder. The Account Holder agrees to indemnify and hold harmless WAO Host PTY LTD from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney’s fees, costs, and other expenses incurred WAO Host PTY LTD, (collectively, Claims) related to or in connection with the content of the Account Holder’s website. The terms of this Section will survive any termination of this Agreement.
- Any domain orders/renewal are not guaranteed by WAO Host PTY LTD in any condition even if the payment has been made by the client.
- Account Holder acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Account Holder. Account Holder is aware that WAO Host PTY LTD reserves the right to change the specified rates and charges from time to time.
- The Account Holder agrees to follow generally accepted rules of “Netiquette” when sending e-mail messages or posting to newsgroups. Account Holder is responsible for security of its password. WAO Host PTY LTD will not change passwords to any account without proof of identification, which is satisfactory to WAO Host PTY LTD, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes Account Holder, Account Holder understands that WAO Host PTY LTD will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will WAO Host PTY LTD be liable for any losses incurred by Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless WAO Host PTY LTD from any and all Claims arising from such ownership disputes. The terms of this Section will survive any termination of this Agreement.
- The Account Holder agrees not to harm WAO Host PTY LTD, its reputation, computer systems, programming and/or other persons using WAO Host PTY LTD’ services. WAO Host PTY LTD reserves the right to select the server for Account Holder’s website for best performance. The Account Holder understands that the services provided by WAO Host PTY LTD are provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If the Account Holder’s website overwhelms the server and causes complaints from other users, the Account Holder has outgrown the realm of shared servers, and will need to relocate its website. WAO Host PTY LTD will refund any unused portion of prepaid services. If the Account Holder refuses to comply with this Section, then WAO Host PTY LTD has the right to terminate the services provided to the Account Holder without any refunds of the unused portion prepaid by the Account Holder. The Account Holder agrees to indemnify and hold harmless WAO Host PTY LTD and any other Account Holder from any and all Claims resulting from the Account Holder’s use of the services provided by WAO Host PTY LTD. The terms of this Section will survive any termination of this Agreement.
- The Account Holder’s rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of WAO Host PTY LTD.
- If the Account Holder sells or resells advertising or webspace to a third party then the Account Holder will be responsible for the contents of that advertising and the actions of that third party. WAO Host PTY LTD has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then-current WAO Host PTY LTD Acceptable Use Policy. The e-mail distribution by the Account Holder of “SPAM”, “JUNK MAIL”, or “UNSOLICITED COMMERCIAL E-MAIL”, is expressly prohibited. If the Account Holder refuses to remove any advertising or other third party content deemed objectionable by WAO Host PTY LTD, WAO Host PTY LTD may terminate the services being provided to the Account Holder.
- WAO Host PTY LTD will use its best efforts to maintain a full-time Internet presence for the Account Holder. The Account Holder hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall WAO Host PTY LTD be liable to the Account Holder for any damages resulting from or related to any failure or delay of WAO Host PTY LTD in providing access to the Internet under this Agreement. In no event shall WAO Host PTY LTD be liable to the Account Holder for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of WAO Host PTY LTD under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive any termination of this Agreement.
- This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Account Holder is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A WAO Host PTY LTD account may not be transferred without prior written approval WAO Host PTY LTD. The Account Holder is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Account Holder’s account, the Account Holder will be liable for any unauthorized use of WAO Host PTY LTD services, including any damages resulting there from, until the Account Holder notifies WAO Host PTY LTD customer service.
- If WAO Host PTY LTD assigns the Account Holder an Internet Protocol address in connection with the Account Holder’s use of the WAO Host PTY LTD services, the right to use that Internet Protocol address will remain with and belong only to WAO Host PTY LTD, and the Account Holder will have no right to use that Internet Protocol address except as allowed by WAO Host PTY LTD in its sole and absolute discretion.
- This Agreement constitutes the entire agreement between the Account Holder and WAO Host PTY LTD with respect to the WAO Host PTY LTD services and supersedes all prior agreements between the Account Holder and WAO Host PTY LTD. This Agreement supersedes 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 WAO Host PTY LTD and the customer relating to the subject matter hereof. WAO Host PTY LTD’ failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.
- The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mindset, without formal proceedings. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in South Africa. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney’s fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.
- The Account Holder agrees to indemnify and hold WAO Host PTY LTD harmless from any and all Claims resulting from or connected with any activities conducted by the Account Holder. The Account Holder and WAO Host PTY LTD will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph will survive any termination of this Agreement.
- WAO Host PTY LTD may include the Account Holder’s name and contact information in directories of WAO Host PTY LTD’ service subscribers for the purpose promoting the use of the services by additional potential clients. However, WAO Host PTY LTD is not authorized to print the Account Holder’s name, trademarks or other identifying information in any other advertising or promotional materials without the prior written consent of the Account Holder.
- The interpretation and enforcement of this Agreement shall be governed according the laws of the Republic of South Africa (excluding its choice of law rules). The Account Holder hereby consents to personal jurisdiction in the federal and provincial courts of South Africa for any action arising out of or relating to the Account Holder’s use of the WAO Host PTY LTD services. The federal and provincial courts of South Africa will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees. The terms of this Section will survive any termination of this Agreement.
- Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery or by mail. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested; with all postage and charges prepaid. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, or as specified by subsequent written notice delivered by the party whose address has changed.
- Because the Internet is a global communication tool, and we have clients from nearly every country in the world 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 still several reasons why WAO Host PTY LTD has been forced to create it’s no adult sites policy for its virtual server users.
- Virtual account holders can receive a refund if account is cancelled within the initial 30 days after sign up. Reseller account holders can receive a refund if account is cancelled within the initial 7 days after sign up. If the account holder cancels after the time period specified, there will be no refund given. Refunds are only applicable to hosting services.
- WAO Host PTY LTD may temporarily deny service or terminate this Agreement upon the failure of Account Holder to pay charges when they become due. Such termination or denial will not relieve the Account Holder of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
- If an account holder’s account becomes overdue, the account will be suspended.
- If an account holder charges back for services rendered, a R400 charge back fee will be added to the amount charged back by the customer.
- In the event of 30 days of non-payment, you agree to WAO Host PTY LTD’ right to place a “non-payment” page on your domain. Furthermore, you agree that DNS of your domain will remain unchanged until full payment for the outstanding balance on your account has been received by WAO Host PTY LTD.
- In the event of suspension of account due to non-payment, a re-activation fee of 40% of the total invoice amount may be charged if the client wants to re-activate his/her account.
- When all efforts from WAO Host to recover the debts owed, (especially, Websites, Domains etc) WAO Host reserve the rights to sell/auction the clients’ domain or website services to recover all time and energy invested in putting up clients projects or services.
- If an account holder’s account is overdue for 90 days, the account will be handed over to an outside collection agency. At that time the account holder will incur a minimum collection fee of R400 or 25% of the balance due, the amount to be determined by WAO Host PTY LTD at its sole discretion.
- Credit card service accounts on cancellations will receive there final transaction payout 6 months after cancellation date. This is due to the fact that banks can have charge backs from the credit card owner for up to 6 months.
- Minimum transaction amount when using our Credit Cards Services is R20 in a single transaction. Maximum transaction amount is R2000k unless approved by WAO Host PTY LTD or Payment24 previously.
- Final transaction amount needs to be approximately 50% of the total amount of last 10 transactions or 50% of the total transactions received in last 6 months. This is the amount that will be held for 6 months after cancellation. This is due to the reason mentioned in point: 30 above.
- Credit card service accounts are setup on Payment24.Co.Za systems, and customers will have to abide by the terms, policy and conditions mentioned FAQ’s section on payment24.co.za along with the terms mentioned in this document.
- If you had received a discount on any service on signup then in case of cancellation of a related service within 120 days will void that discount and you will be charged full fees according to the normal price of that service at the time of signup.
- Domain registrations are only valid with hosting if hosting is continued for 120 consecutive days. In the event of cancellation before 120 days of hosting is achieved, you will be required to pay the full domain registration according to the normal price of that service at the time of signup. We also require valid Land line numbers for all services including domains, hosting, credit card services, dedicated servers, internet connectivity.
- All accounts are subject to verification.
- You agree that WAO Host PTY LTD may establish limits concerning use of any WAO Host PTY LTD service offered on any WAO Host PTY LTD web site, including without limitation the maximum number of days that e-mail messages will be retained by any WAO Host PTY LTD service, With unlimited e-mail messages that may be sent from or received by an account on any WAO Host PTY LTD service, the maximum size of an e-mail message that may be sent from or received by an account on any WAO Host PTY LTD service, the maximum disk space that will be allotted on WAO Host PTY LTD’ servers on your behalf either cumulatively or for any particular service. You agree that WAO Host PTY LTD has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any WAO Host PTY LTD service. You acknowledge that the features, parameters (for example, the amount of storage available to users) or existence of any WAO Host PTY LTD service may change at any time.
- First DNS change ticket submitted by WAO Host PTY LTD for co.za/org.za/za.net domain. There after every ticket submitted by WAO Host PTY LTD to change DNS to any 3rd Party servers will be charged at R78 per Ticket Submitted. We do not take responsibility that ticket will be successful due to many point of failures.
- DNS Change tickets to any 3rd party which were not Domain Registration orders are charged at R78/ticket submitted. We do not take responsibility that ticket will be successful due to many point of failures.
- If a customer has signed and completed a Debit Form and his/her debit order fails for whatever reason they will be charged Administration fee. 1st Debit Order Failure is charged at R10. 2nd Debit Order Failure is Charged at R20. After 2nd consecutive debit order failure WAO Host will not run debit order again on customers account. We reserve the right to decline any debit order forms.
- If customer’s debit order has failed, customer must settle the outstanding amount within 3 days of debit order failure.
- Debit orders can run on th 27th of each month charged in advance.
- If an account is suspended/terminated then re-activation Fee per Account is R50 (not per domain), this does not include any file/email restoration.
- Restoration of databases is charged R450/Hour.
- Restoration of Email accounts is charged R450/Hour
- Restoration of Website Files is charged R450/Hour.
NB: CO.ZA Domain Redemption are charged at R450 per domain.
NB: COM Domain Redemption are charged at R2078.40 per domain.
NB: Direct cash deposits into our account, might incur additional bank charges , as the banks charge fee for over the counter cash deposits. WAO Host recommends that EFT, ATM deposits, eWallets or Debit order be used as payment methods for all our services.
What does WAO Host PTY LTD 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.
Photos or videos showing graphic violence or death.
Revenue-generating hyperlinks to sites that violate policy #1.
WHY DOES WAO WAO HOST HAVE THESE POLICIES?
A virtual server is a shared environment where many websites & domains reside on each particular server. 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 transfer 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 service offering fast and inexpensive, and our bandwidth clear; therefore, adult sites are not an option.
TERMS AND CONDITIONS: EXTENDED SUPPORT SERVICE
REMOTE ACCESS TECHNICAL ASSISTANCE FROM WAO HOST PTY LTD IS PROVIDED ON AND IS SUBJECT TO THE FOLLOWING TERMS:
BY CONTACTING WAO HOST FOR SUPPORT SERVICES OFFERED ON AN EXTENDED PAY-PER-INCIDENT BASIS BELOW (“EXTENDED SUPPORT SERVICE”) THE INDIVIDUAL OR ENTITY (“CUSTOMER”) AGREES THAT THE FOLLOWING TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) GOVERN THE DELIVERY OF THE EXTENDED SUPPORT SERVICE.
Upon acceptance of Customer’s instruction, WAO Host PTY LTD will provide extended support services (“Extended Support Services”) on software products or related technologies (“Supported Products”) as agreed.
2.1 Support Incidents. Extended Support Service is provided for a single Support Incident. A Support Incident is a specific, discrete problem whose origin can be isolated to a single cause. WAO Host will make reasonable efforts to resolving a Support Incident but does not guarantee that the Support Incident will be resolved. WAO Host, in its sole discretion, will determine what constitutes a Support Incident and to the extent permitted by law if the Support Incident is resolved. Generally, a Support Incident is resolved when Customer receives one of the following: (a) information that resolves the problem; (b) information on how to obtain a software solution that will resolve the problem; (c) notice that the problem is caused by a known, unresolved issue or an incompatibility issue with a Supported Product; (d) information that identifies the problem as being resolved by upgrading to a newer release of the Supported Product; or (e) notice that the problem has been identified as a hardware equipment issue.
2.2 Response Times. WAO Host will make reasonable efforts to respond to an Extended Support Service request within a reasonable time but does not guarantee that a response will be provided within a specific time period.
- Customer Responsibilities.
The customer is responsible for all fees in establishing and maintaining email and telephone communications with WAO Host. The customer will cooperate with WAO Host when seeking Extended Support Services by providing information necessary to assist WAO Host diagnosing an issue. The customer is responsible for any and all restoration or reconstruction of lost or altered files, data, or programs. The customer will maintain and implement a complete data backup and disaster recovery plan. Customer is solely responsible for any and all security of its confidential, proprietary or classified information. Customers will not disclose to WAO Host confidential, proprietary or any information that is subject to intellectual property rights that may expose WAO Host to liability. Customers will have a reasonable understanding of the incident for which it seeks the Extended Support Service and the computer system that it is operating on. Customer may not transfer Extended Support Services to a third party.
- Remote Access Extended Support Services.
WAO Host may provide Extended Support Services via Internet remote access, whereby it will access, and if permitted by Customer, control and gather information on Customer’s computer through the installation and use of remote access software. Installation and use of the remote access software by Customer indicates its permission for WAO Host to provide Extended Support Services in this way. All or portions of the remote access software files may remain on Customer’s computer after the Extended Support Service session is finished. Title to the remote access software and all intellectual property rights included therein remains with its licensors. Use of the applicable remote access software may be subject to additional licensing terms. While remote access Extended Support Services are provided, WAO Host will only access, control and gather information on Customer’s computer that it reasonably believes is necessary to analyze and provide assistance for the Support Incident. WAO Host recommends that Customer close all files and applications that are not pertinent to the Support Incident. The remote access software or the features of Customer’s computer will allow Customer to terminate the remote access Support Service session at any time.
- Disclaimer of Warranty.
ALTHOUGH WAO HOST GROUP CANNOT GUARANTEE THAT A SUPPORT INCIDENT WILL BE RESOLVED, WAO HOST GROUP WILL MAKE REASONABLE EFFORTS TO PERFORM THE EXTENDED SUPPORT SERVICES IN A PROFESSIONAL MANNER. AS PERMITTED BY APPLICABLE LAW, WAO HOST GROUP SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, RELATED TO OR ARISING IN ANY WAY OUT OF THESE TERMS AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- Limitation of Liability.
TO THE EXTENT PERMITTED BY LAW, WAO HOST GROUP’S LIABILITY UNDER THESE TERMS AND CONDITIONS IS LIMITED TO THE AMOUNTS PAID BY CUSTOMER FOR THE EXTENDED SUPPORT SERVICES. IN NO EVENT SHALL WAO HOST GROUP HAVE ANY LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF DATA, LOSS OF USE OR EQUIPMENT OR FACILITIES, OR INTERRUPTION OF BUSINESS, ARISING IN ANY WAY OUT OF THESE TERMS AND CONDITIONS UNDER ANY THEORY OF LIABILITY, WHETHER OR NOT WAO HOST GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
- Governing Law.
IT IS AGREED THAT THESE TERMS AND CONDITIONS ARE GOVERNED BY THE LAWS OF THE REPUBLIC OF SOUTH AFRICA AND THE COURTS OF THE REPUBLIC OF SOUTH AFRICA WILL HAVE JURISDICTION OVER THE MATTER. Additional Services or Software. Any additional services provided, as part of the Extended Support Service will be governed by these Terms and Conditions.
WAO Host PTY LTD 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.
NB: Direct cash deposits into our account, might incur additional bank charges, as the banks charge fee for over the counter cash deposits. WAO HOST recommends that EFT, ATM deposits, Paypal or Debit order be used as payment method.