Terms and Conditions - Wordpress website and hosting

GENERAL TERMS

1.Quotations

1.1 Quotations submitted according to project specifications will remain valid for a period of 30 days from quote date. If this 30 day period lapses without client approval, or without requests for alterations or extensions by the client, the quote will expire. Thereafter, JALWEB may amend the quote according to our current rates.
1.2 ALL quotations are submitted on the condition that all content, text, images and relevant information will be supplied by the client to JALWEB, unless otherwise agreed upon. Amendments can be made to the quotation within the 14 days of the original quote date, however each new quote submitted will have the effect of completely overriding it’s preceding quote.
1.3 As all quotations are carefully considered in light of each projects specific technical requirements, JALWEB reserves the right to amend any quote should the projects specifications change, or if it becomes clear that the projects specifications where not communicated in a reasonably clear and correct manner by the client to JALWEB at the outset of the project.
1.4 In the event that a client is unable to provide a detailed project specifications document, JALWEB reserves the right to quote and bill for the initial research and planning needed to outline the exact specifications and technical requirements necessary to complete the project as required by the client. Such research and planning shall be billed according to our standard hourly rate.
1.5 JALWEB reserves the right to quote & bill for project management. Such project management shall be billed according to our standard hourly rate.
1.6 To formally accept a quotation by JALWEB, the quote must be signed and dated by the client and returned to JALWEB via email. No project will commence unless it’s formal acceptance of the quote is received by JALWEB within the 30 day period as specified in point 1.1

2. Deposit and Placement of Order

2.1 The 50% deposit of the total quoted amount becomes due immediately once the quote is formally accepted and once a tax invoice has been sent to the client. JALWEB accepts cash deposits, electronic transfers. Credit card payments are accepted in special circumstances and if previously arranged upon. JALWEB does not accept payment by cheque.
2.2 No project shall commence until the 50% deposit has been made and confirmed. Should a client cause a delay in the commencement of the project by failing to make deposit within a reasonable time period, JALWEB accepts no responsibility should the deadline of the project not be met.

3. Project Phases

3.1 Each phase of a project requires formal written approval, or sign off, by the client. JALWEB will not proceed with a project phase unless such written approval has been received by the client for the preceding phase. JALWEB reserves the right to place a project on hold until such approval is given, and accepts no responsibility should the deadline of the project not be met as a result of this.
3.2 Alterations, and additions may be requested at any time, during any phase of the development of a project. JALWEB will determine whether or not such alterations and additions fall within the scope of the original project brief and specifications. If they do not, JALWEB reserves the right to quote and bill for such alterations and additions, over and above the original quoted amount, according to our standard hourly rate. In the event of this happening, JALWEB will need to receive approval from the client, before any development commences.
3.3 It remains the sole responsibility of the client to provide a project brief, and or, specifications document which is detailed, accurate, clear and which sufficiently outlines the projects development requirements. JALWEB accepts no responsibility for any misunderstandings arising from a poorly drafted specifications document. Further, JALWEB reserves the right to charged additionally for any extra development time incurred as a result.

5. Disclaimer for liability

5.1 The client shall have no claim against JALWEB and the client hereby indemnifies and holds JALWEB free from liability in respect of any loss, damage or cost caused by or arising from:
5.1.1 any fact or circumstances beyond the reasonable control of JALWEB; or
5.1.2. any downtime, outage, interruption in or unavailability of any of the services or the JALWEB network infrastructure as a result of or attributable to any of the following causes:
5.1.2.1 software or hardware service, repairs, maintenance, upgrades, modification, alterations, replacement or relocation of premises;
5.1.2.2 the non-performance or unavailability, of whatever nature and howsoever arising of any of the services provided by Telkom (including, but not limited to, line failure) or in any international services or remote mailservers;
5.1.2.3 the non-performance or unavailability, of whatever nature and howsoever arising, of external communications networks to which the client’s server or the JALWEB network is connected;
5.1.2.4 the service, repairs, maintenance, upgrades, modification, alterations or replacement of any hardware forming part of the client’s services or any faults or defects of whatever nature in such hardware;
5.1.3 any infringement of the client’s rights of privacy and/or any other like rights (including those of any other person or entity), arising from the services provided in terms of this agreement;
5.1.4 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;
5.1.5 the damage, contamination or corruption of any kind of the client’s data, material, information and/or content howsoever occasioned;
5.1.6 any service, repairs, maintenance, upgrades, modification, alterations, replacement or work of any nature done on the client’s hardware, software or systems by any party other JALWEB;
5.1.7 without limiting the foregoing, any fact, cause or circumstances whatsoever and howsoever arising if JALWEB has substantially performed its obligations under this agreement.
5.2 Notwithstanding anything to the contrary contained in this agreement or in any addendum or annexure to this agreement, the client shall have no claim against AFRIDESIGN and the client hereby indemnifies and holds JALWEB free from liability in respect of any loss, damage or cost which is indirect, consequential or incidental in nature.
5.3 JALWEB reserves the right to take whatever action it deems necessary at any time to preserve the security and reliable operation of the JALWEB network and the client undertakes that it will not do or permit anything to be done which will compromise the security of the JALWEB network.
5.4 Although JALWEB shall use reasonable endeavors to provide disaster recovery, JALWEB does not specify any recovery time, nor shall JALWEB be liable for any loss or damage of whatever nature incurred or suffered by the client from any cause whatsoever as a result of JALWEB’s failure to provide, or delay in providing, or providing only partial, disaster recovery. The client is accordingly advised to make back-ups of its data. Nothing contained in this paragraph should be construed as a representation that any back-ups of data implemented by client will be successful or in any way will avoid disaster.

6. Maintenance and repair

JALWEB may temporarily suspend its obligations in terms of this agreement in order to service, repair, maintain, upgrade, modify, alter, replace or improve any of JALWEB’s services. Where the circumstances permit, JALWEB shall use its best endeavors to provide prior notice of any such suspension to the client. The client shall not be entitled to any set-off, discount, refund or other credit in respect of any such suspension of service nor in respect of any suspension that is beyond JALWEB’s control.

7. Intellectual property

7.1. All intellectual property rights vested in or owned by a party or held by a party under any licensing agreement with any independent third party (including, but not limited to, intellectual property rights obtained or developed by a party after commencement of this agreement), shall be and remain the sole property of such party and the relevant licensor’s respectively.
7.2. The client shall not be entitled to use any of the trademarks, logos, designs, brand names, domain names or other marks (collectively referred to herein as “marks”) of JALWEB without the prior written approval of JALWEB. The client hereby grants JALWEB a non-exclusive license to use the client’s marks but only to the extent necessary or required by JALWEB to exercise its rights or fulfill its obligations under this agreement.
7.3. Other than specifically provided in this agreement, JALWEB shall wholly and exclusively retain all existing, and become the exclusive and unencumbered owner of all, intellectual property right(s) employed in or otherwise related to the JALWEB network infrastructure, the JALWEB e-commerce network infrastructure, JALWEB’s business and the provision of any of the services in terms of this agreement.

PROJECT SPECIFIC TERMS

1. Specifications and Payment terms

1.1 Once a quote has been accepted, a 50% deposit is required before development commences. The remaining balance will be paid upon completion of the project according to the project’s specifications, or on presentation of the relevant invoice. If any development outside of the original project specifications is required, JALWEB reserves the right to amend the total amount quoted according to our standard hourly rate, or as agreed upon prior to the commencement of the additional work requested.
1.2 Additionally, no design or development work will begin, unless JALWEB has been provided with all content and specifications documents necessary to complete the project, by the client.
1.3 Should the project not be completed within 12 months subsequent to payment of the 50% invoice, and such delay has been caused by;
1.3.1 the client’s failure to provide all necessary content & project specifications as described in point 1.2;
1.3.2 timeous approval of the various stages of the project; the 50% deposit will expire and the paid amount will be forfeited. In such a case, JALWEB shall cease all work on the project and re-issue a second 50% invoice to the client, which shall also include any work completed, but not previously invoiced for.
1.4 The first design concepts will be provided within 5 five working days upon confirmation of the 50% deposit.

2. Content

2.1 Any additional data capturing done as a result of incorrect or non-electronic formats provided, will be billed for according to our standard hourly rate. Content embedded within an image is not considered a usable format as it requires re-typing. Though all source code is the intellectual property of JALWEB, it will be made available to the client upon the completion of the project. JALWEB ensures that all information and data provided by the client remains confidential.
2.2 It is the client’s sole responsibility to ensure that the content, images, trademarks and other artwork supplied to JALWEB for the use of the project, are owned by the client, or that the client has the necessary permission from the rightful owner to make use of such content. JALWEB, accepts no responsibility in the event that such ownership, or right of use is legally disputed.

3. Design Phase

3.1 Development of the website will not begin until a design has been formally signed off by the client, or if written approval of a design concept has been given.
3.2 Once formal written approval of the design concept to be used for the website has been given, 60% of the deposit becomes non-refundable.
3.3 JALWEB reserves the right to charge for any design changes required after sign off, according to our standard hourly rate.
3.4 JALWEB will provide one design concept
3.5 Should additional design concepts be requested, a fee of R1500exVAT will be charged per design concept.
3.6 JALWEB will complete 3 design changes to the chosen design concept at no extra charge. Should more than 3 changes be requested, a fee will be charged according to our standard hourly rate.
3.7 Within 10 working days from date of payment of the 50% deposit, JALWEB will provide the client with the first drafts of the design concept.

4. Development Phase

4.1 Once a development site and link has been created for the client to view the progress of the site’s development, the remaining 40% of the deposit becomes non-refundable.
4.2 Final launch of the complete project will occur;
4.2.1 Once the development phase has been formally signed off by the client, and;
4.2.2 Once final payment has been made.
4.3 JALWEB reserves the right to charge for any development updates or additions required after sign off of the development phase, according to our standard hourly rate.

5. Bug Fixes

5.1 Bugs are considered anything that prevent the developed product from functioning according to the website specifications given, after launch of the website. Bug fixes made within the first month of the website launch, will not be charged for. Thereafter, JALWEB reserves the right to charge additionally for bug fixes.
5.2 Aesthetic changes to the final, client approved design concept, are not considered as bug fixes, and will be charged for according to our standard hourly rate, or as agreed upon prior to the commencement of the additional changes.

6. JALWEB Inbound Link

JALWEB reserves the right to place a link to the JALWEB website (https://www.jalweb.co.za) within the footer of the design / developed website, unless otherwise agreed upon.

7. Final Launch

7.1 Launch of the final website will occur after JALWEB has received the final proof of payment. Launch will occur within normal office hours, being 8am 5pm, Mondays to Fridays.
7.2 If the final proof of payment is received before 12am on any given working day, launch will occur that same day. If the proof of payment is received after 12am, launch will occur the following working day.
7.3 Should JALWEB be required to launch over a weekend, public holiday, or outside of normal office hours, an additional fee will be charged according to our standard hourly rate.

Privacy Policy

Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.

The Information We Collect:

This notice applies to all information collected or submitted on this web site. On some pages you can order products, make requests, or register to receive information. The types of personal information collected on these pages are:

Name
Address
Email address
Phone number
Credit/Debit Card information
etc.

The Way We Use Information:

We use the information you provide about yourself when placing an order only to complete that order. We do not store or share this information with outside parties except to the extent necessary to complete that order.

Occasionally it is necessary to use the services of an associate. In this case we will share only what is necessary in carrying out the activities performed by the third party. (Examples would include credit card processing company, shipping company, etc.)

We use return email addresses to respond to email inquiries. Such addresses are not used for any other purpose and are not shared with outside parties.

You can register on our web site to receive our newsletter and other information. Information you submit in other areas of our web site will not be used for this purpose unless you fill out the subscription form. If you elect to no longer receive our newsletter, you may unsubscribe at any time. Every newsletter provides unsubscribe information.

We use non-identifying and aggregate information to help diagnose problems with the server, and to administer the web site. This information gives us an idea of which parts of our site users are visiting. No personally identifiable information is tracked.

This site contains links to other sites. JALWEB is not responsible for the privacy practices or the content of such Web sites.

Information provided via a form on the JALWEB web site is used strictly to provide the information necessary for us to fulfill your request. We will never send unsolicited emails. We will also never sell, trade, give-away or rent any information provided in any form on this site to third parties for purposes of building contact lists, or anything of that nature.

Affiliated sites, linked sites and advertisements

JALWEB expects its partners, advertisers and affiliates to respect the privacy of our users. Be aware, however, that third parties, including our partners, advertisers, affiliates and other content providers accessible through our site, may have their own privacy and data collection policies and practices. For example, during your visit to our site you may link to, or view as part of a frame on a JALWEB page, certain content that is actually created or hosted by a third party. Also, through JALWEB you may be introduced to, or be able to access, information, Web sites, features, contests or sweepstakes offered by other parties. JALWEB is not responsible for the actions or policies of such third parties. You should check the applicable privacy policies of those third parties when providing information on a feature or page operated by a third party.

While on our site, our advertisers, promotional partners or other third parties may use cookies or other technology to attempt to identify some of your preferences or retrieve information about you. For example, some of our advertising is served by third parties and may include cookies that enable the advertiser to determine whether you have seen a particular advertisement before. Other features available on our site may offer services operated by third parties and may use cookies or other technology to gather information. JALWEB does not control the use of this technology by third parties or the resulting information, and is not responsible for any actions or policies of such third parties.

You should also be aware that if you voluntarily disclose Personally Identifiable Information on message boards or in chat areas, that information can be viewed publicly and can be collected and used by third parties without our knowledge and may result in unsolicited messages from other individuals or third parties. Such activities are beyond the control of JALWEB and this policy.

Children

JALWEB does not knowingly collect or solicit Personally Identifiable Information from or about children under 13 except as permitted by law. If we discover we have received any information from a child under 13 in violation of this policy, we will delete that information immediately. If you believe JALWEB has any information from or about anyone under 13, please contact us at the address listed below.

Changes to this Policy

JALWEB reserves the right to change this policy at any time. Please check this page periodically for changes. Your continued use of our site following the posting of changes to these Terms & Conditions will mean you accept those changes. Information collected prior to the time any change is posted will be used according to the rules and laws that applied at the time the information was collected

For more information about Registrant Education, please click here: http://www.icann.org/en/resources/registrars/registrant-rights/educational
For more information about Domain Name Registrant Rights, please click here: http://www.icann.org/en/resources/registrars/registrant-rights/benefits

Abuse Email Address / Contact
Additionally, ICANN requires that all Resellers create and maintain an abuse contact / email address (e.g. abuse@yourdomain.co.za), this is also a requirement of the ISPA (Internet Service Providers Association) for all its members. The thinking behind this is to be able to receive reports of abuse involving Domain Names resold by the Reseller in terms of this Agreement, including reports of illegal activity like 419 or other scams.
ICANN requires that you must publish this email address to receive such reports in a prominent place on your website, or in any other standardised place that may be designated by ICANN from time to time. Please note, that you must take reasonable and prompt steps to investigate and respond appropriately to any reports of abuse.

If you do not have an abuse address, please create this and add it to your website: EG: abuse@yourdomain.co.za

1) Support

We will endeavor to provide a continuous high quality service. If you experience problems with your service, you should consult our support team on support@jalweb.co.za

We may require suspension of some of our services for short scheduled periods to carry out maintenance or repair to our services. Information concerning scheduled downtime and unplanned downtime is available on our website

2) Service abuse and spam policy

We reserve the right to terminate your hosting account if it is found that the resources made available to you are being abused.

This includes, but is not limited to the following:

Spamming
Sending unsolicited mail.
Providing file storage services.
Providing email services via your website be it newsletter sending or services like gmail.com and hotmail.com.
Scripting that utilises more than 20% of a server or node’s memory, storage, processing resource, I/O at any one time.
Hosted services that cause the general performance of our servers or nodes to degrade.
Offensive conduct / content.
Illegal or other unacceptable content as outlined in 17)

JALWEB does not condone spam being sent from our servers – if it is found that a site is sending out spam emails regardless of how it is done (scripts, SMTP, contact form header injection etc) JALWEB will suspend the customers account until assured it will not continue. We may request that you get your own Ip address for outgoing mail, at a cost of R29 per month , if you or your account spams. This measure is in place to protect the integrity of our shared IPs and the mail of our other customers on the machines. Repeat offenders will be irreversibly terminated.

Should you infringe this policy, you will be held liable for any costs incurred by JALWEB.

3) Correspondence

Customers are required to have a valid email address on file at all times.
All communication from JALWEB will be done via email. When we send an email, it is deemed that delivery of the said email has reached the recipient.

4) Reselling of Services

Customers may not resell all of our services.

5) Contract Period

You may cancel your account with us at anytime: Dedicated servers, VPS’s and Cloud services will require a cancellation notification period of 30 days. You will be billed for those additional 30 days. Customers will not be entitled to a refund of any prepaid amounts: Therefore if you cancel midway into your prepaid period, you will not be entitle to a refund for the unused portion that you paid / signed up for. Service termination will happen at the end of your billing term unless otherwise stated: provided all amounts owed to us are paid. If there is still an outstanding amount, the account will continue to be billed until the account is settled and the cancellation request is resent and accepted by JALWEB.

6) High resource use policy

Resources are defined as bandwidth, processor utilization, memory, disk space, bandwidth and IO

JALWEB may implement the following policy to its sole discretion:

When an account is found to be adversely effecting the performance of a server, JALWEB reserves the right to suspend or throttle that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers and to ensure that other users on the same server get a fair share of the hosting resources. Customers may be offered an option whereby JALWEB continues hosting the website for an additional fee.

7) Payment policies

All accounts are set up on a prepay basis. Although JALWEB reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment: every 1, 3, 6, 12 or 24 months depending on the hosting plan you choose.

All payments are in South African Rands.

Payment must be made no later than 3 days from date of invoice.

Customers are required to have a credit card or debit order details on the billing account at all times. This will be used for payment towards your services with us.

Customers will automatically be charged again at the end of their prepay period unless a closure / cancellation notification has already been sent to us via email which must be confirmed and acceptance via a return email from us.

If a customers payment method is set to EFT, and should their account go unpaid. We will process the debit order or credit card details on your account.

If you pay by credit card or debit order it will be charged automatically on, or, shortly after the 1st or 15th of the month. Depending on your chosen processing date as selected in the online billing portal. The default is the 1st working day of the month.

In situations where the card number or debit order details on file are declined; it is the responsibility of the client to make payment via other means as we will only process the card again the following month. Services will then be at risk of being suspended / terminated.

It is the clients responsibility to keep their account up-to-date, and to pay all invoices within the stipulated payment period. It is also your responsibility to keep yourself informed of the amounts owing.

The customer is responsible for all money owed on the account from the time it was established to the time the customer cancels the product from within the billing system.

There will be an administration fee of R49 on all unpaid debit orders and credit card transactions. (insufficient funds/invalid account number etc)

Cash Deposits at the bank will attract a service fee of R15 charged to the client – billed after the cash is deposited.

A credit balance on your billing account, will be automatically used to pay for unpaid invoices from oldest to newest. You also have the option of manually assigning credit to invoices within the billing system.

Suspension and removal of account(s) due to non-payment:

A service will be suspended if the invoice pertaining to the service is not paid within 7 days of the invoice being issued.

Additionally, a fee of R450 will be levied per cPanel restore. Additional item restores will be quoted on before hand. This fee is dependant on the availability of the account backups. We may ask the client to provide a cpanel backup of the account for us to restore, if no backup is available with us.

A service will be canceled and all relevant hosted data removed if the invoice pertaining to the service is not paid within 45 days of it being issued. This means that all the accounts data will be removed from our servers as well.

If there is an amount owing on your account (unpaid invoices) for longer than 60 days, the account will be deemed inactive and the entire account and all services related to it will be removed from our systems. Data, hosting accounts, domains etc.

Invoices, references when making Eft payements:

No bills or invoices will be sent by regular mail. All invoices will be sent directly to customers via email .

New orders will need to be paid for before they are setup, you may pay the relevant invoice via EFT (using the banking details on your invoice) or via our online credit card gateway; accessible via the online billing system.

When making payments via EFT / Bank Transfer please ensure that your reference is either an invoice number, or an active domain name on your billing account. Payments may not be allocated to your account, and hence services will be suspended or terminated. The onus is on the client, to correctly place your reference on your payment, and to check that the payment does indeed reflect on your account with us (allowing 2-4 days for any delays in the banking system and our account capturing the payment). Any payment that does not reflect should be followed up with the accounts department immediately via email to rectify the placement of the payment.

8) Domains

The client is welcome to register domains by themselves and have them hosted with us.

If a domain is under our administration: we will issue an invoice for the registration and renewal of the domain.

All domains registered by us are registered on behalf of the client and will be the property of the client provided their account is in good standing. We reserve the right to 1) refuse the transferal of a domain or 2) delete the domain from the registrar should your account be in arrears and be deleted from our system.

An indication of a domain name being available during the order process is no guarantee that it will be secured for the client. As there is no guarantee that the domain checking script is accurate due to variations in DNS records, or the domain name may be registered by another party between the time of checking and our request going through to the registrar.

We will not vote for a transfer/update of a domain name (co.za in particular), this needs to be done by the registrant’s email 2l. registrantemail

Domain names that are not renewed due to it’s corresponding renewal invoices not being paid by the renewal date, will fall into a redemption period. If the domain is then renewed, while in the redemption period, the following fees will apply. co.za domains will be redeemed at R319. all other domains will be redeemed at the quoted rate which will fluctuate due to the exchange rate. The redemption fee includes the following years registration fee.

Please take note: Domains may not be renewed on the day of it’s invoice being paid – this is due to capturing/admin delays, therefore we send out renewal invoices/reminders 14 days to 2 months before the domain expires or goes into a redemption period., this allows enough time to get the domain renewed.

Please ensure that you make payment for a domain renewal 7 days before the domain is set to expire or go into redemption. Failing this; your domain may go into redemption. Which will incur additional fees to redeem. Additionally the domain may be deleted and available for others to register.

*.smartdomain.name registrations (sub domain names) are never owned by the user, it is simply used while available. You are not authorised to use it for commercial purposes. It is intended for short lived websites. You may not lay any claim whatsoever over the use of the domain name. It is owned by JALWEB , and you are a guest, using it. We make no warranty on how long it will last.

9) Accounts on servers- Housekeeping

If an account is setup on a server, and the domain’s www A or MX record is not pointing to the server – we reserve the right to remove the account from the server.

10) Payment options

JALWEB currently runs the following payment methods.

EFT / Bank Transfers.

11) Money back – trial period

For customers opening their first account the initial 30 days are available on a money-back trial basis. For special promotions offered at discounted prices the trial period is limited to the initial 7 days.

Customers will not be entitled to this benefit if they have previously had an account with JALWEB unless the period of absence has been greater than one year.

Customers will only be refunded for shared hosting fees. No other fees or payments will be refunded.

If we’ve included a domain name registration in the hosting plan for free, any refunds will be calculated as follows ; hosting plan fee paid, less the normal domain name registration cost (what it would of cost you if you had registered it through us separately).

There will be a once off admin fee of R79 for any refunds of credit on an account due to over payments.

12 ) Cancellation and refunds

JALWEB reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership. If a customer contravenes JALWEB terms of service a refund will not be issued in the event of a cancellation.

Any abuse of our staff in any format or medium will result in the suspension or termination of your services.

Customers may cancel their account at any time provided that their account is fully paid up.

All account cancellations are processed within 30 minutes from the cancellation request. We do not schedule cancellations so please ensure that requests are sent on the day of intended termination.

Once an account is cancelled or removed due to nonpayment, all data pertaining to the account will be removed from our servers.

During the initial trial period customers who wish to cancel will be entitled to a full refund for their hosting fees only, but will not be entitled to a refund for any additional services purchased. Any incentives offered to customers when opening the account will also be cancelled. Customers may be given the option to purchase services which were offered as start-up incentives in the result of a cancellation.

Fees charged on a prepay basis are non-refundable. Once the initial trial period has expired customers are not entitled to receive a refund. In addition some accounts incur set-up fees, these charges are also non-refundable.

13) Privacy Policy

We will not share your private ( personally-identifiable) information or hosted data with any third party unless required to do so by a member of law enforcement authorities, or where we believe it would protect others from loss or harm.
We may need to give out your hosting login details to our 3rd level engineers at the respective data centers in order to support you further. Information send via email will be used to support you for billing and hosting support requests by the respective engineers.

14) Customer checks, Credit Bureau

We may check your credit history on the credit bureau by using services like Transunion or Experian. The information obtained will be used to confirm your payment history, contact details and to see if your account is within the risk profile we are willing to accommodate / service.

15) Arbitration

If any issue needs to go to arbitration or legal assistance – this must be done within the city of JALWEB choice. Arbitration may only be done on an individual bases.

16) Indemnification

JALWEB reserves the right to refuse service and/or access to its servers to anyone. JALWEB reserves the right to move your domain to a different web server without previous notice. We will however make every effort to keep your sites uptime at 100% during this process.

JALWEB does not allow any of the following content to be stored on its servers:

Malware
Outdated scripts that have security holes
Explicit Adult material – includes all pornography, erotic images, or otherwise lewd or obscene content.
Excessive download or streaming content or non-linked content.
Backups.
Streaming services.
Spam, Phishing and any such illegal activities.
Illegal content – according to South African or USA Federal, State or City law.
Copyright media which you do not own the copyright to.
Account usage for backup purposes.
Sites with immense archives.
Sites offering immense download archives, such as .zip, .tar, .rar, .GZ and so on.
Sites running large chat room gatherings.
IRC Scripts and Bots of any kind unless it was explicitly permitted by management.
Proxy scripts/anonymizers.
Image hosting similar to Photobucket, Twitpic, Imageshack and others.
AutoSurf/PTC/PTS/PPC sites.
IP scanners.
Bruteforce Programs/Scripts/Applications.
Mail Bombers/Spam Scripts.
File Dumps/Mirror.
Escrow, Bank Debentures, Bank Debenture Trading programs and sites.
Online Gambling Sites.
High-Yield Interest Programs (HYIP) or related sites.
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme and such).
Prime Banks Programs.
Lottery sites.
MUDs/RPGs/PBBGs.
Hacker focused sites/archives/programs.
Sites promoting illegal activities.
Forums and/or websites that distribute or link to warez/pirated/illegal content.
Fraudulent Sites of any kind.
Bulk mail systems – unless under one of our bulk mailer hosting accounts.
Sale of any controlled substance without prior proof of appropriate permit(s).

Refusal of service is entirely at the unfettered discretion of JALWEB.

Customer agrees that it shall defend, indemnify, save and hold JALWEB harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against any of the afore mentioned, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold to customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless JALWEB against liabilities arising out of; (1) any injury, financial loss, to person or property caused by any products sold or otherwise distributed in connection with JALWEB; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from JALWEB.

17) Backup Policy

Unlimited accounts exceeding 50GB will not be backed up.

Backups are kept for a period of 7 to 10 days. Once an account is terminated from our system, the backups are removed as well. We do a weekly snap shot of your website database and emails stored on the server. We keep one copy of your hosting accounts backup and do not provide an incremental backup service.

We advise all clients to make periodic backups (at least once a month or whenever updates are done to the website, database or mails). This can be done by downloading a copy of their website and data (files,DB and stored mail) to their local personal computer/devise. cPanel provides a useful backup section where it will compress your entire site databases and emails kept on the server, into one file for you to download. We advise this because it is very possible that due to system compromise, mistake or “act of god” that all data and backups might be lost and your copy will be the only one available. As unfortunate and unlikely as this would be , it is a possibility.

18) Disclaimer

JALWEB will not be responsible for any damages you or your business may suffer. JALWEB makes no warranties of any kind, expressed or implied for services we provide. JALWEB does back up your data/website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, JALWEB cannot guarantee to be able to replace lost data. JALWEB disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of any kind due to delays, non deliveries, wrong delivery, and any and all service interruptions. JALWEB reserves the right to revise its policies and terms and conditions at any time.

JALWEB will not be responsible for any incidental, indirect, special, consequential or latent damages or losses arising from your agreement with us. This includes loss of profits, revenue, cost of time/work or labour, anticipated savings, business transactions, goodwill or other contracts. It is irrelevant if this is due to negligence, carelessness, or breach of contract.

18.1) Our total liability to you for direct damages will be a maximum amount of: One month of your hosting fee (excluding addon products or domain registrations) or R2500; whichever is less. This clause will apply even if you advised JALWEB of the possibility of loss of damage prior to its occurrence.

By signing up for any of our services you agree to be bound by all JALWEB’s terms and conditions.

Our terms and conditions may be updated from time to time, please be sure to keep updated by referring to this document regularly.