Legal Requirements

Nobody likes the small print when it comes to legal stuff such as terms and conditions. Unfortunately been a business, this is part of the normal requirements. Whilst our terms and conditions may look long, it is due to not been published in small print. Virtual Marketing Terms and Conditions, are in fact no different from other web hosting / re-seller companies / IT support / ISP Provider and or Support / Business Support Companies.

Terms and Conditions

The terms and conditions set out in this document, read together with the customer details, as set out or provided in the customer’s application which was accepted by Virtual Marketing, govern the relationship between virtualmarketing.co.za and the customer of virtualmarketing.co.za.

Please ensure you read all the way to the bottom:- for ease of reference, there is currently 5 sets of tabs relating to standard legal requirements and terms and conditions.

by means of online publication and Virtual Marketing Legal Requirements / Terms and Conditions, It is tacitly agreed that every end user making use of our services agrees to the content of the terms and conditions as set-forth here-under, and furthermore that the end-user regularly checks on the terms and conditions as set out and published on our site for any amendments and updates that may have occurred.

In order to provide a professional service, we have set up a few guidelines for users of our service. Some of these guidelines may seem strict, but they ensure a safe, functional, and trusted environment for all our customers to publish their information on the Web..

 

Many of our competitors do not require their customers to comply with these guidelines. If any of our potential customers are unwilling or unable to comply with these guidelines, we respectfully invite them to visit one of our competitors.

Virtual Marketing (virtualmarketing.co.za) reserves the right to review prices at any time and will communicate these price changes via news letters, website posts and social media. We will endevor to ensure that when a price increase affects an existing service that the notice is given a month before the service is due at the new rate.

 

Any amount paid above the due amount will go towards your credit on your profile. You also have the option to add funds to your profile from the credit area. Note that the billing system will automatically deduct credit on your profile when new invoices are raised.

 

Credit on your profile will also be automatically assigned to overdue invoices to settle them. Services you have no need for must be cancelled before they are due.

 

Should you need any service to be terminated you should raise a support ticket before the billing system invoices you.

 

No refunds will be given for services automatically renewed out of credit, the onus is on you to terminate any services and/or products you no longer require. If you have no services active and you still have credit on your profile you may raise a support ticket for remaining credit to be paid out to your bank account.

We do not allow any of the following content to be published on any of our servers:

 

Content of a pornographic, sexually explicit, or adult nature.

 

Content of an illegal nature (including copyrighted material).

 

Scripting that utilizes more than 20% of a server or node’s memory, storage, processing resource, I/O at any one time will result in a warning and may lead to having your account suspended. This is to ensure that the response time of the server does not degrade in such a manner to negatively affect anyone else using the same server.

 

Hosted services that cause the general performance of our servers or nodes to degrade.

 

Pirated software sites Hate sites or content that could be reasonably considered as slanderous or libellous virtualmarketing.co.za and their partnered server company representatives will decide upon content that is questionable regarding any of the aforementioned criteria.

 

Users posting any of the above content on their sites may have their Web and/or incoming anonymous FTP services temporarily suspended. They will then be contacted by virtualmarketing.co.za and given the opportunity to remove the content in question before having their services reinstated. A repeated offense may cause cancellation of service without refund of any fees.

Virtualmarketing.co.za does not support unsolicited or bulk email messages sent by users of our system (also known as junk email or SPAM).

 

Users sending unsolicited or bulk email messages from our system will have all of their services temporarily suspended. They will then be contacted by virtualmarketing.co.za and informed of the suspension before having their services reinstated.

 

A repeated offense may cause cancellation of service without refund of any fees. Virtual Marketing does not allow any hosting account to give out free or paid email hosting on a public level.

Customers caught using our system for illegal activities, including but not limited to breaking into remote systems, credit card fraud, theft, phishing, scams, vandalism, threats, or violence, will have their accounts immediately cancelled without refund of any fees.

Virtual Marketing reserves the right to refuse service to anyone for any reason. We enforce this policy to ensure a professional environment for the users of our system. This includes any programs, such as CGI programs that are using excessive amounts of system resources. Excessive amounts is defined as any amount that results in substantial degradation of server performance.

 

Our partnered server company, is the sole determinant of what constitutes degraded server performance. On some occasions, we allow heavy usage depending on the situation. However, additional fees may apply.

 

We do not condone the abuse of Virtual Marketing personnel . If a customer reverts to verbal abuse of any nature we reserve the right to refuse service to that customer. We reserve the right to terminate delivery of service at any stage, to a customer for any reason relating to abuse and/or non-payment of invoices.

 

Virtual Marketing is committed to protecting your personal information and respecting your privacy.

 

We will never sell, rent, or disclose your personally identifiable information to outside parties without your consent unless compelled by a court of law to do so. However we do reserve the right to disclose your requirement information (if you are a member) to industry professionals in order to get your job done if needed. We may send you e-mail regarding our new features, news, or other important update information. In any case, we will never disclose your personally identifiable information to third parties. We may use various methods to collect information including, cookies and/or IP addresses.

Note however that information you enter during registration will be used to register the domain in your own name. Information you enter there will reflect on the domain whois information. On international domains you may opt to order ID Protection at an additional fee, which will hide certain fields on the domain whois itself. Local domains do not have this option available and your information will reflect on the domain. You must provide honest and true information during your signup to ensure that domain ownership disputes do not occur in the event you entered false information.

Where the content states: “We” includes Virtual Marketing or any party acting on Virtual Marketing’s implicit instructions. “You” includes the person purchasing the services or any party acting on the customer’s instructions. “Member” includes the purchaser of services or any party acting on the purchaser’s instructions. “The Registrant” includes the person applying for a domain name or any party acting on the Registrant’s instructions. “The Registry” refers to the relevant domain names Registry. “Server” means the computer server equipment in connection with the provision of the Services. “Web Site” means the area on the Server allocated by us to you for use by you as a site on the Internet. “Terms Of Service” includes this agreement. Virtual Marketing reserves the right to modify this policy at any time, effective immediately upon posting of the modification to this URL: http://www.virtualmarketing.co.za. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:

The agreement and the provision of service, will only come into being between virtualmarketing.co.za and a customer when the customer has agreed to the terms and conditions contained herein.

 

If the credit status of the customer was not accepted by virtualmarketing.co.za on activation of the service, subject thereto the service may be terminated.

 

The customer agrees to an online, paperless subscription.

 

The customer acknowledges that all the information that is submitted online is true and correct to the best of their knowledge.

 

The customer agrees that the act of submitting the subscription form online is in lieu of their signature..

 

Commencing on the date of this application (“the commencement date”) and for the duration of this agreement thereafter, virtualmarketing.co.za shall make reasonable efforts to make available a continuous, uninterrupted, expedient and error-free service to the customer, subject to the terms and conditions set out herein.

 

Notwithstanding the provisions of B1, the customer acknowledges that in the normal course of provision of service(s), temporary interruptions may occur for whatever reason. In the circumstances, virtualmarketing.co.za shall not be held liable for any damages whatsoever (economical or otherwise) which the customer may suffer as a result of such interruption of service(s).

 

The customer shall solely be responsible, unless otherwise stated in this agreement, for provisioning, configuration and maintenance of all equipment on its premises, including (without limitation) computer hardware equipment, telecommunication equipment and modems necessary and required by the customer to exercise its rights and enjoy the services provided herein.

 

In respect of Domain Name Registration and Updates –

 

1.1        We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.

 

1.2         The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; 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 notwithstanding refusal by the naming authority to register your desired name.

 

1.3         We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.

 

1.4         We shall not release any domain to another provider unless full payment for that domain has been received by us.

 

1.5         Domain Registration and Domain Renewal payments are not refundable. Check your due invoice before payment is made, If you insist on having credit on your profile ensure that you cancel domains before they are due.

 

1.6         Domains are invoiced 30 days before the due date to ensure domains don’t expire in cases where people don’t check their emails for a few weeks. Keep this in mind when you look at the next due date of a domain on the client area.

 

1.7         Domains will always be registered in the name of the person who ordered it. See the privacy policy for more information in regards to ID protection on international domains which may be ordered at an additional fee.

 

1.8         Domains that are not renewed in time can be restored for a restore fee 30 days after expiration. Costs differ depending on the tld of the domain name. Should you need the price to restore a specific domain please log a support ticket asking for the price. We dont keep a list of restore fees as the prices of especially international domains change on a daily basis due to the rand dollar exchange rate so it is not feasible to keep a list updated on a daily basis.

 

1.9         When a domain’s ownership is updated either by the end user or by us per support request, that will result in the domain becoming locked for transfer for 60 days. Please be mindful of this as any requests to move the domain directly after a domain ownership update will fail due to that.

 

In respect to Website Hosting and Email

 

2.1         Web designers who host with us will at all times ensure that they scan themes and plugins aswell as templates to ensure that it does not contain malware.

 

Website designers are responsible for ensuring that their websites are hardened against exploits and breaches and will not under any circumstances hold Virtual Marketing responsible for security holes left there by the designer and/or vendor.

 

Virtual Marketing will not be held responsible for code used by website designers and you will indemnify us from any issues that might cause, including but not limited to :

 

code containing malware,

code linking to external websites or code that causes browser compatibility issues.

 

2.2         We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.

 

2.3         You shall effect and maintain adequate insurance coverage in respect of any loss or damage to data stored on the Server.

 

2.4         You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that:

 

2.4.1     you will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party; nor will you authorize or permit any other person to do so.

 

2.4.2     you will not post, link to or transmit:

 

(a)          any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable as determined by Virtual Marketing and or our Partnered Server Company in any way.

 

(b)         any material containing a virus or other hostile computer program.

 

(c)          any material which constitutes, or encourages the commission of a criminal offence, or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.

 

2.4.3                    you will not send bulk email, whether opt-in or otherwise, from our network. Nor will you promote a site hosted on our network using bulk email.

 

2.4.4                    you will not employ programs which consume excessive system resources including, but not limited to, processor cycles and memory. We do not host IRC, IRC bots, or other server resource intensive programs.

 

2.4.5                    If you surpass your allotted disk/bandwidth usage as set forth in your purchased plan, you agree to purchase the excess in blocks as set forth in our “plans” section. Such payment to be immediate and non-disputable.

 

2.5.1                    We reserve the right to remove any material which we deem inappropriate from your web site without notice. We do not host Warez, Underage Adult, Pornographic or MP3 content.

 

2.5.2                    The packages with no disk space usage cap are intended for web hosting material and mailbox hosting only. It is not for cloud backups and / or storing large files. We reserve the right to remove those files and suspend the account if you are found guilty of using this service to consume an excessive amount of disk space. If your intent is to store non web design or email account data specific to this hosting account on this package, you need to look at the capped disk space packages and you will be afforded the opportunity to migrate to a capped disk space package at such time.

 

2.6         You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft, or unauthorized disclosure of your password or other security information.

 

2.7         You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.

 

2.8         Members utilizing free hosting shall exclude themselves from promotions offered and afforded to paying Members.

 

2.8.1     Members utilizing free hosting shall display a banner as supplied by Virtual Marketing.

 

2.9         You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.

 

2.9.1     Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A Member shall not use another site’s mail server to relay mail without the express permission of the site.

 

2.9.2     It is contrary to Virtual Marketing and our Partnered Server Company policy for Members to use our servers to effect or participate in any of the following activities: To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list.

 

To send mass e-mailings; whether unsolicited, opt-in, or otherwise.

 

To engage in any of the foregoing activities using the service of another provider, but channelling such activities through a Virtual Marketing provided server, or using a Virtual Marketing provided server as a mail drop for responses.

 

To falsify user information provided to Virtual Marketing or to other users of the service in connection with use of a Virtual Marketing service.

 

2.9.2(a)               Consequences of Violation:

 

When Virtual Marketing becomes aware of an alleged violation of its Acceptable Use Policy, Virtual Marketing will initiate an investigation. During the investigation Virtual Marketing may restrict Member’s access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, Virtual Marketing may, at its sole discretion, restrict, suspend, or terminate Member’s account and/or pursue other civil remedies. If such violation is a criminal offense, Virtual Marketing will notify the appropriate law enforcement department of such violation.

 

2.9.2(b)               You shall be held liable for any and all costs incurred by Virtual Marketing as a result of your violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. Virtual Marketing’s current hourly rate for Postmaster responses to complaints and cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations is R1200 per hour, with a minimum one (1) hour charge, plus R15 for each bulk-email or Usenet message sent, plus R15 per complaint received. Server maintenance fees of R1250 per hour.

 

2.9.3                    Virtual Marketing does not issue service credits for any outages incurred through service disablement resulting from Policy violations.

 

2.10       Any access to other networks connected to Virtual Marketing must comply with the rules appropriate for those other networks

 

2.11       While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.

 

2.12       You may cancel the Services at any time by following Terms and Conditions as per “H” below

 

  1. SERVICE AVAILIBILITY

 

3.1         We shall use our reasonable endeavours to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.

 

3.2         We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is expected to last for more than 7 days you will be notified of the reason. As a reseller or sub-client, it is your responsibility to take care of backup for sites that may be yours or ones under you. We also reserve the right to disallow services/hosting to any client as we feel necessary and hold no liability. Also please note that we do not offer any sort of compensation on our network uptime guarantee.

 

3.3         The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.

 

3.4         Uncapped disk space hosting packages are there for people who don’t want a forced cap imposed. We shall however to the best of our ability ensure that there is at all times enough disk space within reasonable time. A user may not abuse the service by uploading excessive amounts of data, which will result in immediate cancellation of that user’s account without refund.

 

3.5         We reserve the right to limit usage of the processor, memory, IO and storage per user to such an extent to avoid one person from causing server degradation for everyone else on the server.

The customer shall pay to virtualmarketing.co.za all applicable charges, tariffs, fees and other amounts (“charges”) as may be set out in this agreement or on our published pricelist, in respect of the provision of the services to the customer.

 

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. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre-payment.

 

Payment is due each anniversary month, quarter or year following the date the Services were established until closure notice is given. If you choose to pay by credit or debit card you authorize The Virtual Marketing Bar to debit your account renewal fees from your card.

 

All payments must be in South African Rand.

 

 

virtualmarketing.co.za will be entitled to adjust any of its charges, including without limitation tariff increases as on the 1st of January, at any time by giving the customer a 30 day electronic notification of such adjustments.

 

All access charges that entitle the customer to obtain access to the services subscribed for, shall be payable in the manner as set out in this agreement and where such charge is indicated as-

 

Rental charges:

 

levied periodically, usually on a monthly basis, and subject to a minimum rental period of one calendar month or as determined by virtualmarketing.co.za from time to time for each Service or service promotion. Rental charges are payable in advance for the first and any subsequent rental period, as from the date on which the Service is established. Where the Customer requests the termination of a Service the rental amount, if any, paid for a period after the official date of termination will be credited to the Customer. If the Customer requests that a Service be terminated prior to the expiry of the minimum rental period, the non-expired part of the rental period will stay in force. In such cases the Customer shall remain liable for the rental for the non-expired part of the rental period.

 

Any payment due to virtualmarketing.co.za not made on the due date thereof shall bear interest at a rate of 10% (ten percent) per month or part thereof, calculated from the date payment was due until date of actual payment in full, capitalised monthly in arrears.

 

The customer agrees that submission of bank account information or credit card details to virtualmarketing.co.za constitutes authorisation by the customer for virtualmarketing.co.za to debit the specified bank account for all fees owed by the customer to virtualmarketing.co.za

 

The customer agrees and accept that the customer may supply updated bank account information or credit card details to virtualmarketing.co.za any time during the month, but that such changes need to occur before the twentieth of the month to be used in the following payment run.

 

The customer shall, on demand, pay to virtualmarketing.co.za all costs and expenses incurred by virtualmarketing.co.za in enforcing the terms of this agreement, including without limitation legal costs on an attorney and own client basis.

 

Should the bank dishonour any payment offered by the customer to virtualmarketing.co.za, virtualmarketing.co.za shall be entitled, over and above the dishonoured payment as well as bank charges, to charge and the customer shall be obliged to pay a reasonable administration fee.

 

 

Any upgrades or changes to another service / product, may be subject to additional charges or separate agreement.

 

The customer agrees that outstanding balances on suspended, cancelled or handed over accounts may be transferred to the client’s active accounts.

 

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.

 

The customer acknowledges that any installation date or connection date furnished by virtualmarketing.co.za is provisional only and, should installation or connection, as the case may be, not be effected by such provisional date-

 

virtualmarketing.co.za shall not be responsible for any consequences of such delay or be liable for any damages, costs or expenses whatsoever incurred or suffered by the customer or any third party, and the customer shall not be entitled, as a result of such delay, to terminate this agreement or withhold any payment.

This clause E specifies the entire liability of virtualmarketing.co.za, including, without limitation, liability for negligence. In particular (but without limitation) all statutory, expressed, implied or collateral terms, conditions or warranties are excluded.

 

virtualmarketing.co.za shall under no circumstances be liable (including liability for negligence) for any loss, damage or injury that the customer or any third party may suffer, no matter when or how arising, specifically including (but without limitation) refunds of fees, loss of profits, financial loss, loss of contracts, loss of income, loss of anticipated business, cost of replacement services, savings use, goodwill or any other form of consequential loss.

 

Any service(s) provided herein is provided on an “as-is” basis and virtualmarketing.co.za makes no express or implied warranties or representations of whatsoever nature with respect to any such service.

 

You are responsible for monitoring bandwidth and disk space usage of your site. This is easily done from your Control Panel. If you go over the amount indicated in your current plan; you will assessed a surcharge as set forth in our pricing structure.

 

 

The customer shall and hereby does indemnify virtualmarketing.co.za –

 

against any damage, loss or liability (excluding liability for virtualmarketing.co.za wilful misconduct) arising from the provision of services to the customer, its employees, directors, agents and / or representatives.

 

against any damage, loss or liability of whatsoever nature arising from a breach of virtualmarketing.co.za security measures, any misuse of virtualmarketing.co.za’s facilities or services and / or any act or omission of any other customer of virtualmarketing.co.za.

 

from any claim by any third party arising directly or indirectly out of or related to the customer’s access to or use of services rendered by virtualmarketing.co.za or any information or data obtained through such access or use and

 

its holding company, affiliates and subsidiaries, for all loss, damage, cost or liability that may be incurred by any one or more of them in the event that the customer’s use of the service and/or the products supplied hereunder –

 

constitutes a violation of any law, regulation or tariff;

 

is defamatory, fraudulent or deceptive;

 

is intended to threaten, harass or intimidate; or

 

interferes with the use or enjoyment of other customers of the services and products provided by virtualmarketing.co.za.

 

Under no circumstances whatsoever will virtualmarketing.co.za ‘s liability, if any and whether in contract or otherwise, exceed the aggregate of the amounts actually paid by the customer to virtualmarketing.co.za.

 

The customer hereby agrees –

 

that it is aware and will stay aware of and shall at all times comply with all statutory or other regulatory provisions and rules applicable to the provision and use of the services from time to time;

 

that it shall make use of the services in a responsible, prudent, lawful and honest manner;

 

that it shall comply with any directions, instructions and limitations issued or notified by virtualmarketing.co.za from time to time in connection with the services;

 

that it shall not use any service in a manner which –

 

constitutes a violation of any law, regulation or tariff that may be in force in South Africa or elsewhere. In particular the customer undertakes to familiarise itself and ensure that it is kept continuously appraised of all such laws, regulations and tariffs in force from time to time which may have any bearing on the services rendered and products provided by Virtual Marketing and/or the customer’s access to or use thereof;

 

constitutes an act or omission that is generally unacceptable or offensive to internet users in general, to the public at large or as same may be determined by virtualmarketing.co.za from time to time in its sole and absolute discretion, specifically including (but not limited to) the hosting or distribution of pornographic material, spamming, hacking, unsolicited mailing etc.;

 

contravenes any virtualmarketing.co.za, as such document may be published, updated and amended by virtualmarketing.co.za from time to time;

 

is defamatory, fraudulent or deceptive;

 

is intended to threaten, harass, nuke or intimidate;

 

tends to damage the name or reputation of virtualmarketing.co.za, its holding company, affiliates and or subsidiaries or;

 

interferes with the use and enjoyment of Internet related services of customers of virtualmarketing.co.za;

 

that the services to be rendered to the customer shall be as defined and subject to such limitations as may be notified from time to time by virtualmarketing.co.za.

 

that the customer is aware of the limitations of all relevant services and that service quality and coverage available shall be limited to that supported by the infrastructure of virtualmarketing.co.za, its network providers and virtualmarketing.co.za and that service may from time to time be adversely affected by a number of different causes:

 

that it shall not commit any act or omission which may have an adverse technical effect on the integrity or functionality of the network infrastructure of virtualmarketing.co.za or that provided or made available to the customer by or through virtualmarketing.co.za. If any act or omission of the customer has such an adverse technical effect the customer shall, on receiving notification to that effect from virtualmarketing.co.za, forthwith take such steps as may be necessary to rectify the situation at his own cost and expense, failing which virtualmarketing.co.za shall be entitled, without prejudice to its other rights in terms hereof or at law, to forthwith suspend the service and/or terminate this agreement;

 

that unless otherwise agreed by virtualmarketing.co.za in writing, it shall not resell or make available to third parties, in any manner whatsoever and whether directly or indirectly, the services provided to it by virtualmarketing.co.za;

 

that it shall take whatever steps may be necessary to ensure the safekeeping and confidentiality of all identification codes and passwords furnished by virtualmarketing.co.za for use by the customer and shall specifically not disclose same to any third party without virtualmarketing.co.za ‘s prior written consent.

 

to comply with the rules and regulations applicable to any network that is accessed through virtualmarketing.co.za;

 

that where it is outside the Republic of South Africa and wishes to connect to the internet, such connection may be subject to the terms and conditions of a Global Service Provider (“GSP”). The customer has been informed of and acknowledges that the GSP is not affiliated to virtualmarketing.co.za.

virtualmarketing.co.za may from time to time and without notice suspend the services in any of the following circumstances-

 

during any technical failure, modification or maintenance either of the service or the equipment by means of which the service is provided;

 

if the customer –

 

fails to comply with any of the terms and conditions of this agreement (including failure to pay any charges due) until the breach (if capable of remedy) is remedied; or

 

does or allows to be done anything which, in virtualmarketing.co.za ‘s reasonable opinion, may have the effect of negatively affecting the operation of the virtualmarketing.co.za network or the provision of services to the customer or to any other customer(s) of virtualmarketing.co.za.

 

uses the service in contravention of any act or regulation.

 

Notwithstanding any suspension of service under this clause G, the customer shall remain liable for all charges due hereunder throughout the period of suspension unless virtualmarketing.co.za, in its sole discretion, determines otherwise.

 

Notwithstanding anything to the contrary contained in this agreement, virtualmarketing.co.za shall at any time be entitled to terminate this agreement on not less than 30 (days) notice to such effect to the customer, virtualmarketing.co.za making due refunds. In the case of a month to month agreement the customer shall give virtualmarketing.co.za one calendar month notice of termination.

 

Without prejudice to any other rights or remedies which virtualmarketing.co.za may have in terms hereof or at law, virtualmarketing.co.za shall be entitled to forthwith cancel this agreement and discontinue the service if the customer fails to comply with any of the terms or conditions of this agreement or any other agreement made between virtualmarketing.co.za and the customer.

 

H.1        If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.

 

H.2        If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.

 

H.3        If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.

 

No refunds will be made for Services suspended in accordance with H.1, H.2 and H.3.

 

H.4        During the first 30 days of Services, You are entitled to a refund of fees paid with the exclusion of domain name registration, dedicated server, data transfer fees, administration costs not limited to but including any work that was authorised and or in progress in full or part thereof and excessive support requests should you decide to cancel the Services for just cause. Virtual Marketing shall be the sole arbitrator as to the validity of your claim of just cause. And will subtract the aforementioned fees from any monies due you.

 

H.5        You will not be entitled to a refund on these basis if you have previously had an account with The Virtual Marketing Bar under any plan or service.

 

H.6        Allow 30 (thirty) days for refund payments to process. If you have not received refund within this time allotment; please contact us.

 

H.7        Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card.

 

H.8        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.

 

Upon termination of this agreement virtualmarketing.co.za shall disconnect the customer from the networks of Virtual Marketing and all its network providers.

 

After disconnection of the customer upon termination of this agreement, the customer shall on demand pay all charges outstanding at the time of disconnection, including any disconnection or termination fee, which may be charged by virtualmarketing.co.za.

 

Upon termination due to any breach of this agreement by the customer, virtualmarketing.co.za shall be entitled to claim damages.

 

Cancellations must be sent via e-mail to accounts@virtualmarketing.co.za and must be sent from the customer’s e-mail address on record. A copy of the customer’s Identity Document must be attached to the cancellation request. virtualmarketing.co.za may request additional information to verify the cancellation. Any cancellation request that does not fulfil these criteria may be deemed invalid and may not be processed.

 

 

virtualmarketing.co.za shall not be liable to the customer for any breach of this agreement or failure on its part to perform any obligation as a result any circumstances outside virtualmarketing.co.za ‘s reasonable control, including without limitation, of technical problems relating to the network, or any one of them, acts of God, government control, restrictions or prohibitions or any government act or omission, whether local, national or international, act or default of any supplier, agent or sub-contractor, industrial disputes of any kind or any other cause.

 

ALTERATION virtualmarketing.co.za reserves the right and shall be entitled-

 

to alter any name, code or number allocated by Virtual Marketingfor use in connection with the services and the customer hereby indemnifies virtualmarketing.co.za against any cost to the customer, loss or liability arising from such alteration.

 

virtualmarketing.co.za shall, as and when specifically requested to do so by the customer in writing via e-mail, render such consultation and support services to the customer pertaining to the identification and, if possible, solution of problems encountered by the customer in the virtualmarketing.co.za services rendered to it or with his Internet related services in general as the customer may request, subject to the payment by the customer of all hourly tariffs, distance charges and other related fees payable in respect thereof.

 

virtualmarketing.co.za shall, as part of such service, identify the customer’s problem, but does not give any warranty, guarantee or any other similar undertaking that it will be able to rectify all or any of the problems so identified.

 

The customer shall-

 

supply all software, hardware and all related documentation required by virtualmarketing.co.za to identify and solve any problem encountered by the customer. Failure to do so will result in virtualmarketing.co.za not being able to assist customer any further, whilst the customer shall remain liable for the payment of any and all amounts referred to in K1;

 

render to virtualmarketing.co.za, its agents, representatives and employees all necessary assistance to identify, locate and solve any problem encountered by the customer; and

 

ensure the safety of all agents, representatives and employees of virtualmarketing.co.za present at the customer’s premises and shall and hereby does assume responsibility and liability for any cost, expense, loss or damage incurred or suffered by virtualmarketing.co.za or any of its representatives, agents or employees as a result of any injury to or the death of any such person whilst present at the customer’s premises, from whatsoever cause arising.

 

virtualmarketing.co.za does and shall not accept any responsibility or liability for any existing data on the customer’s equipment and shall specifically not be required to back-up any data before commencing any work. The customer hereby indemnifies and holds virtualmarketing.co.za harmless against any cost, liability, loss or damage incurred or suffered by the customer or by Virtual Marketingas a result of the loss of any such data, whether occasioned by any act or omission of virtualmarketing.co.za, its representatives, agents or employees or otherwise.

 

Consultation time charged for will commence when the relevant virtualmarketing.co.za agent, representative or employee leaves the virtualmarketing.co.za office and will end when he returns to the virtualmarketing.co.za office, alternatively as soon as the virtualmarketing.co.za agent commences with virtual it support communication with the client whether telephonically alternatively electronically and or both. The customer will be charged should the consultant for any reason whatsoever not be able to obtain access to the customer’s premises or equipment.

 

J.1          On our site you will find links to all the information to get your web site up and running. All information pertaining to your account should have been included in the Welcome Letter you received when we created your account. If you did not receive a welcome letter email, please contact our Support Team. There are several reasons an email may not reach you; first and foremost is if the domain you have contracted services for is the same domain your welcome email was sent to.

 

J.2          The support feature of our service at present time consists of our Support System solving server related problems only.

 

J.2.1      If you require support for your web ,you may purchase our technicians’ services at the rate of R250 per hour, with one hour minimum billed. We reserve the right to wave this fee at any time. Website coding work done is final and any work required after the final draft is accepted will be charged for.

 

J.3          Support can only be addressed in English through our Support System.

 

J.4          All Support requests are to be processed through our Support System. Any other request for support, except as noted in Section J.5, will be considered a breach of our Terms Of Service.

 

J.5          In the event of a server outage or other such emergency, you are free to contact us in any manner.

 

J.6          Section J.7 will come into effect in extreme cases when staff are limited and / or there are connectivity problems preventing our support engineers from timely response below 24 hours

 

J.7          Our support agreement with our customers is to respond to all queries within 72 hours or less , the customer will have the right to receive credit on their account in the event that we respond after 72 hours and the customer has attempted to contact support on several different occasions for the same ticket.

The customer shall not cede, assign, transfer, encumber or delegate any of his rights or obligations in terms of this agreement to any third party. Notwithstanding anything to the contrary contained herein, virtualmarketing.co.za shall be entitled to cede its rights and delegate its obligations in terms of this agreement to any of its affiliate companies, provided that reasonable guarantees will be given to the customer.

 

The terms and conditions as set out herein, constitute the entire agreement between virtualmarketing.co.za and the customer and supersede all representations made to the customer, all amendments effected by the customer to any application form or other similar document submitted by him and all communications between virtualmarketing.co.za and the customer relating to the subject matter hereof.

 

 

The customer chooses, as his domicilium citandi et executandi, the physical address set out in “Customer Details” in this agreement.

 

virtualmarketing.co.za reserves the right to amend these terms and conditions from time to time and shall notify the customer of such amendments.

 

 

This agreement shall be governed by and construed and interpreted in accordance with the law of the Republic of South Africa.

 

The clause headings in this agreement are for the purpose of convenience only and shall not be taken into account in the interpretation of nor modify the terms of this agreement. Unless inconsistent with or a contrary intention clearly appears from the context words importing any reference to a gender includes the other genders, any reference to the singular includes the plural and vice versa, and any reference to natural persons includes legal persons and vice versa.

 

If any clause or clauses of the terms and conditions of this agreement is found by any court of competent jurisdiction to be invalid or unenforceable, the remainder of the terms and conditions of this agreement shall remain valid and enforceable.

 

The customer shall protect all username & passwords for virtualmarketing.co.za. virtualmarketing.co.za accepts no liability whatsoever for any misuse or abuse of the customer’s service as a result of disclosure of a customer’s username & password. The customer will immediately notify virtualmarketing.co.za, when it becomes apparent that his/her username & password has been compromised, until such notification is received & accepted by virtualmarketing.co.za, the customer remains liable for any usage charges incurred or outstanding on the customer’s account. virtualmarketing.co.za accepts no responsibility or liability for the breach of security in the distribution of a username & password in accordance with the customer’s instructions.

 

The customer hereby gives virtualmarketing.co.za permission to perform a credit check on the customer’s credit profile with one or more of the registered Credit Bureaus when assessing the customer’s application for services and record and transmit details of how the customer has performed, and how the account is (or was) conducted by the customer in meeting their obligations on the account.

 

The intellectual property rights including (without limitation) copyrights and the trade and service marks utilised by virtualmarketing.co.za during the term of this Agreement, shall remain the property of virtualmarketing.co.za, save as provided herein, nothing contained in this Agreement shall be construed to confer on the customer any rights or licenses in such intellectual property rights.

 

Should virtualmarketing.co.za be required to develop any computer code, data, documents, presentations, solutions design, web site or any application (“the work”), then all intellectual property rights in and to such work shall vest exclusively in virtualmarketing.co.za. To the extent that intellectual property rights in the work vests, for whatever reason, in the customer, the customer hereby agrees to assign all such intellectual property rights to virtualmarketing.co.za, which hereby accepts such assignment.

 

Save as provided for in this agreement, any license granted to the customer in terms of this agreement shall be for singular user only. The customer shall be obliged to pay a license fee for multiple use.

 

The customer shall not modify or use any software, computer code, data, documents, presentations, solutions design, web site or any application licensed to it in terms of this agreement, to create a derivative work.

virtualmarketing.co.za shall:

 

Provide a service in accordance with choices set out in the order form.

 

Host the client’s website on a virtualmarketing.co.za, the type of server (Unix or whichever our Sever Partner Company deems best suited for the said webhosting platforms, addons, licencing requirements and or platform availability).

 

Allocate the client the server space as indicated on the order form.

 

Allow Internet users to access the website, there is a set amount of monthly traffic usage (measured in megabytes), the amount of megabytes depends on the product chosen from the order form.

 

Adhere to the Electronic Communications and Transactions Act 25 of 2002.

 

Clients are responsible for backing up their data and virtualmarketing.co.za encourages ALL hosting clients to do so as frequently and completely as possible. virtualmarketing.co.za will not be liable for any data loss or any other losses or damages related to backups or data recovery without exception.

 

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 and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.

This Agreement shall be governed by and construed in accordance with South African law You hereby submit to the non-exclusive jurisdiction of the South African courts.

 

You are also to abide by the laws of U.S. and will be held accountable for your actions

Headings and or  Tabs are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

Q.1        No one shall post defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.

 

Q.2        Any abuse towards any Virtual Marketing employee will not be tolerated. You are expected to request and respond to support and other issues in a professional manner. When emailing Virtual Marketing or utilizing the Ticket Desk Support System, refrain from using caps, exclamation points, and other forms of written yelling. Any cursing, yelling, or further intentional disruptive behaviour aimed at The Virtual Marketing or it’s employees shall be considered a violation of these terms and conditions of service.

 

Q.3        Any threat; whether verbally, orally, written, or delivered by second parties directed towards Virtual Marketing or any of its employees, partners, equipment, and concerns shall be construed as a violation of these terms and conditions of service.

 

Q.4        Any conduct viewed as violating this section shall be considered a violation of these terms and conditions of service. Virtual Marketing will be the sole arbitrator in regards to what is deemed a violation.

 

Q.5        No refunds shall be given when the contents of this section necessitates removal of the account.

R.1         These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.

 

R.2         Virtual Marketing reserves the right to amend these Terms Of Service at any time.

 

R.3         It is your responsibility to check these Terms of Service on occasion for any such amendments.

You (anyone viewing this page) are free to use these terms as a template for writing your own. Please have it reviewed by a local attorney to make certain it conforms with your applicable laws. You will also wish to confirm that the terms you create using this form as a template conform to your upstream provider.

 

S.1         Virtual Marketing releases rights to this document text to the reader, free of encumbrance. Except as noted in this section (S.3).

 

S.2         In no form can you hold Virtual Marketing responsible for any and all actions arising out of your use of these terms as your own.

 

S.3         If you choose to use these terms as your own, this section (15) must remain intact of content; save for our name. You agree to let others use these terms as a guide.

 

S.4         Our release of this text material in no way assigns rights of any images viewed herein.

 

Resellers will not register domains under their own name for domains they do not own. Resellers will register domains in the name of the person(s) paying for the domain. Registering a domain in your own name if you do not legally own the domain is theft.

 

Resellers are welcome to log a support ticket if they need assistance with this. Resellers not complying with this rule will have their accounts suspended until this is corrected.

 

If we find a reseller guilty of registering a domain in their own name, their account will be suspended and they will need to correct the domain registry information before suspension will be lifted.