1. THIS AGREEMENT is between Noise Hosting and the individual who is applying for Web Hosting Services, by submitting the subscription form online ("CLIENT"). THE CLIENT agrees to an on-line, paperless subscription. THE CLIENT acknowledges that all the information that is submitted online is true and correct to the best of his/her knowledge. In the event that the individual submitting the subscription form online is acting in his/her capacity as a duly authorised representative of any juristic person, then:
1.1 The individual, by submitting the subscription form online, also binds himself/herself as surety and co-principal debtor, together with the juristic person whom he or she represents, in respect of all obligations flowing from the utility of the Web Hosting Services; and
1.2 The individual hereby warrants that he/she is duly authorised to submit the subscription form and bind the juristic entity as THE CLIENT in accordance with these terms and conditions.
2. THE CLIENT agrees that the act of submitting his subscription form online constitutes consent by THE CLIENT to these terms and conditions, or any amendment thereto, from time to time.
3. PROVISION OF SERVICES:
Noise Hosting agrees to provide Web-site hosting and related hosting services to THE CLIENT, subject to the following terms and conditions:
4. CONTENT LIABILITY AND INDEMNIFICATION:
4.1. THE CLIENT acknowledges that Noise Hosting does not regulate or take any responsibility for the content of THE CLIENT's page or for the security of THE CLIENT's password.
4.2. THE CLIENT warrants that it has all rights necessary to lawfully submit any information or materials that it is uploading or transmitting to Noise Hosting, including all intellectual property rights.
4.3. THE CLIENT agrees to indemnify Noise Hosting against actions brought by a third party as a result of such material or information, or as a result of THE CLIENT's use in any way of the Services provided by Noise Hosting.
5. CONTRACT TERMINATION:
5.1. In the event that Noise Hosting at any time reasonably believes that THE CLIENT is in breach of any of the terms and conditions contained in this agreement or is using Noise Hosting services in an unacceptable manner as defined is the "Acceptable Use Policy", then Noise Hosting may immediately terminate this agreement without notice or liability.
5.2. THE CLIENT shall be responsible for the entire amount of the most recent statement and any excess usage charges at the time of termination.
5.3. THE CLIENT may terminate this contract at any time by giving Noise Hosting no less than one calendar month's notification. The notice period shall start upon Noise Hosting receiving a completed cancellation notice from THE CLIENT. Granting of a shorter notice period is entirely at the discretion of Noise Hosting. Such written cancellation must be submitted to Noise Hosting by FAX, registered mail or e-mail.
5.4. A cancellation will only be effected upon THE CLIENT settling the outstanding account via debit order or via cash deposit.
5.5. A cancellation request must include the reason for cancellation, instructions as to the disposal of the domain name and must indicate the date until which service is required. A copy of the CLIENT's Identity Document must be attached to the cancellation request.
5.6. Cancellations via e-mail must be sent to info@noisehosting.co.za and must be sent from THE CLIENT's e-mail address we have on record.
5.7. A cancellation will not be accepted from any third party. The cancellation must be from THE CLIENT.
5.8. Any cancellation request that does not fulfil these criteria shall not be deemed valid.
5.9. THE CLIENT will be notified via e-mail, sent to the e-mail address on record, as soon as the cancellation has been processed.
5.10. CLIENT's that transfer international TLD's (Top Level Domains) to Noise Hosting will be responsible for a domain renewal fee should THE CLIENT cancel within the first year of hosting.
5.11. CLIENT's that reinstate web site hosting or domain name hosting with Noise Hosting which they previously cancelled with Noise Hosting, are subject to a minimum of a six (6) months minimum subscription for the web site hosting or domain name hosting with Noise Hosting. Cancellations or downgrades for services on domain names is such cases will not be accepted in the first six (6) months of the reinstated service.
6. WARRANTIES AND GUARANTEES:
6.1. Noise Hosting makes no warranties or guarantees of any kind, whether express or implied, for the services to be provided hereunder other than the guarantees as stated under the "Uptime Guarantee."
6.2. THE CLIENT agrees that Noise Hosting shall not be liable for any losses or damages of any kind to THE CLIENT or the CLIENT's Customer, including, but not limited to, those that may result from service interruption delays or non-deliveries.
7. BILLING POLICY:
7.1. Accounts 30 days past due may result in the cancellation without notification of the agreement between Noise Hosting and THE CLIENT and which may result in deletion of THE CLIENT's (but not limited to) files, including email, backups, databases and domain name.
7.2. THE CLIENT will immediately be handed over for collection and listed on ITC(a credit bureau) in the event of a debit order being returned as "payment stopped".
7.3. All overdue accounts shall be charged interest on a monthly compounding basis.
7.4. THE CLIENT is responsible for all collection costs and attorney's fees on any outstanding amounts.
7.5. Invoices will be issued (or re-issued) upon request at a nominal fee.
7.6. The fee for the hosting service is payable in advance.
7.7. The yearly domain renewal fee together with an administration fee will be deducted via debit order or credit card when it becomes due.
7.8. All account enquiries must be done via email or alternatively via registered post. Enquires via FAX and Telephone will not be accepted.
7.9. No account queries will be entertained after 30 days of invoice.
7.10. No account queries will be entertained once the hosting have been cancelled.
7.11. Noise Hosting only accepts monthly payment via debit order, credit card or cash deposit.
8. PAYMENT VIA DEBIT ORDER:
8.1. THE CLIENT agrees that submission of bank account information to Noise Hosting constitutes authorisation by THE CLIENT for Noise Hosting to debit the specified bank account for all fees owed THE CLIENT to Noise Hosting.
8.2. The debit orders normally run on the 1st day of each month. (This may vary depending on public holidays and weekends.)
8.3. The first time the debit order runs, it will normally include a pro-rata hosting fee, a set-up and/or domain registration fee if applicable as well as next months hosting fee.
8.4. The debit order system closes on the 20th of each month. All account changes should reach us by the 18th of each month.
8.5. THE CLIENT is responsible for all bank fees, penalties or levies that are as a result of the use of a debit order. This includes any fees the bank may charge THE CLIENT as a result of THE CLIENT having insufficient funds at the time the debit order is presented.
8.6. Noise Hosting normally runs one monthly debit order per domain name.
8.7 Debit orders that were combined into a single debit upon THE CLIENT's request will be "un-combined" upon the combined debit being returned.
9. PAYMENT VIA CREDIT CARD:
9.1. THE CLIENT agrees that submission of credit card information to Noise Hosting constitutes authorisation by THE CLIENT for Noise Hosting to bill the specified credit card for all fees owed by THE CLIENT to Noise Hosting.
9.2. Noise Hosting will debit THE CLIENT's credit card on a monthly basis until the contract is ended. The CLIENT is responsible for all bank fees, penalties or levies that are as a result of the use of a credit card.
9.3. It is THE CLIENT's responsibility to inform Noise Hosting of any changes to THE CLIENT's credit card number or expiry date.
9.4. Credit card transactions are normally presented on the date of set-up and on approximately the same day of each month for the remainder of the hosting period at Noise Hosting.
9.5. Noise Hosting normally runs one monthly transaction per domain name.
10. ADMINISTRATION FEE & OTHER FEES:
10.1. Noise Hosting will charge an administration fee for all declined credit card transactions, all returned debit orders and all returned cheques irrelevant of the reason for the debit order or cheque being returned or the credit card being declined.
10.2. The administration fee is currently R75 or 20% of the transaction value, whichever is the greater and is subject to change without notice.
10.3. The administration fee is applicable per domain and not per debit order. CLIENT's with a combined debit order will incur an administration fee for each domain included in the combined debit.
10.4. THE CLIENT will be liable for all costs and damages associated with intentionally or unintentionally allowing or facilitating a third party's access to Noise Hosting 's infrastructure, servers, software, hardware or bandwidth.
10.5. Noise Hosting reserves the right to charge an administration fee on any cash deposit.
11. CREDIT AND REFUNDS:
11.1. No credit or refund will be passed in any form except as stated in the "30 Day Money Back Guarantee" document.
11.2. No credit or refund will be passed for inactive or unused accounts.
11.3. No credit or refund will be passed should THE CLIENT transfer their domain away from Noise Hosting during the cancellation notice period
11.4. No credit or refund will be passed for domain names where THE CLIENT has requested the wrong domain name to be registered.
12. SUSPENSION AND UNSUSPENSIONS OF ACCOUNTS:
12.1. THE CLIENT's services will be suspended due to a debit order, credit card or cheque payment being returned or declined.
12.2. No notice will be issued of Noise Hosting 's intent to suspend a site.
12.3. Noise Hosting will not be held responsible for any damages, losses or claims as a result of a site being suspended.
12.4. Un-suspensions may take one or more working days.
12.5. THE CLIENT is still responsible for the monthly hosting fee while the site is suspended.
13. CLIENT SUPPORT: (HOSTING)
13.1. THE CLIENT is entitled to email support free of charge.
13.2. THE CLIENT will be billed at Noise Hosting 's standard hourly rate for all support provided due to errors in THE CLIENT's code.
13.3. THE CLIENT will be billed at Noise Hosting s standard hourly rate for all support provided due issues not related directly to Noise Hosting such as THE CLIENT's internet access, PC set-up etc.
14. THE CLIENT's DATA:
14.1. Noise Hosting shall make a reasonable effort to protect and backup data for THE CLIENT on a regular basis.
14.2. Noise Hosting is neither responsible nor liable for THE CLIENT's data.
14.3. Noise Hosting makes no warranties regarding its ability to recover any lost file, regardless of how or why the file was lost.
14.4. THE CLIENT is solely responsible for their independent backup of data stored on Noise Hosting s server and network.
14.5. Hacking, cracking, defacing of websites etc, is an everyday occurrence and Noise Hosting is not liable for damages THE CLIENT may suffer should THE CLIENT or Noise Hosting fall victim to such an event.
14.6. Noise Hosting does not backup mail.
14.7. Noise Hosting will not be held responsible for the age of the data on the backup. The data's age could vary in age from one to thirty days.
14.8. Noise Hosting is not responsible for the transfer of files from an existing service provider to Noise Hosting 's servers when THE CLIENT transfers hosting providers.
14.9. Any mail account (POP3 or IMAP) that has mail that has not been retrieved (downloaded) from Noise Hosting 's mail servers after 40 days, will be deleted.
14.10. No new mail will be delivered to THE CLIENT's mail-box if the size of your mail-box exceeds 10 Megabytes.
14.11. Noise Hosting will remove all of THE CLIENT's data, email accounts, zone files etc, upon any DNS update confirmation received from a registrar when a domain is transferred away from Noise Hosting.
15. DATA RECOVERY AND ADDITIONAL SERVICES:
15.1. THE CLIENT will be charged at Noise Hosting s standard hourly fee for the recovery of data or the installation of, or re-installation of components or custom components including CGI scripts and FrontPage Server extensions. The fee will be added to THE CLIENT's debit order deduction or it may alternatively be paid for via credit card or cash transfers. Noise Hosting will not guarantee that data can be retrieved form the backup copies.
16. UN-METERED BANDWIDTH:
16.1. Noise Hosting offers certain hosting services with "un-metered bandwidth." These services bear no unit charges or usage limits, but are governed by reasonable and fair use. This means that Noise Hosting will not charge THE CLIENT for any bandwidth THE CLIENT's account uses, nor will Noise Hosting impose any limits on the amount of bandwidth that THE CLIENT may use, provided said use is deemed reasonable and fair by Noise Hosting. If Noise Hosting deems THE CLIENT's bandwidth usage to be abusive or unreasonable for the level of service that you have purchased, or your bandwidth usage threatens to impair the quality of other users' service, Noise Hosting may take steps to limit the amount of bandwidth THE CLIENT may consume, or request THE CLIENT to upgrade to a larger hosting option. Special hosting options can be designed for sites that require higher than normal bandwidth. THE CLIENT will be billed for traffic used in the event that traffic was as a result of the violation of Noise Hosting 's Acceptable Users Policy or Terms and Conditions.
17. SITES CONTAINING ADULT CONTENT:
17.1. The definition of "ADULT CONTENT" is at the sole discretion of Noise Hosting.
17.2. Noise Hosting reserves the right to terminate hosting agreements should the client be found to be hosting content of an adult nature.
18. VIRUS SCANNING OF EMAIL:
18.1. Noise Hosting does offer FREE virus scanning on most of their mail servers.
18.2. Noise Hosting does not offer ANY GUARANTEES as to the effectiveness of this service and will not be held liable for any damage THE CLIENT may suffer as a result of receiving a virus.
18.3. The CLIENT WILL receive virus in their mail from time to time.
18.4. Virus protection remains THE CLIENT's reasonability.
18.5. Noise Hosting reserves the right to terminate this free service without notice.
19. UNSOLICITED EMAIL:
19.1. Noise Hosting will make reasonable effort to block unsolicited email before it reaches THE CLIENT.
19.2. Noise Hosting does not offer ANY GUARANTEES as to the effectiveness of this service.
19.3. All active email accounts will receive unsolicited email from time to time.
19.4. Noise Hosting will not be held liable for "legitimate email" that may be blocked or lost as a result of the service.
19.5. Noise Hosting reserves the right to terminate this free service without notice.
20. DOMAIN NAMES AND DOMAIN NAME DISPUTES:
20.1. Noise Hosting will not be held liable for any disputes arising out of domain name registrations or hosting on behalf of THE CLIENT.
20.2. Noise Hosting will not be liable for damages in the event of a domain name not being registered or available for THE CLIENT's use.
20.3. THE CLIENT is responsible to insure that the domain name is registered correctly at the relevant registrar.
20.4. All domain names registered by Noise Hosting will be registered in THE CLIENTS name. THE CLIENT is responsible for the control of their own domain name.
20.5. Noise Hosting will not be held liable for any losses or damages THE CLIENT may suffer due to a domain name being reallocated, transferred or deleted by any Domain Name Authority or NIC.
20.6. Noise Hosting reserves the right to take ownership of any domain name upon cancellation by THE CLIENT should THE CLIENT not specify any action to be taken in regards to ownership or transfer of the domain name.
20.7. Noise Hosting will retain the ownership of the domain name in the event of THE CLIENT's account not being settled upon termination of the hosting agreement.
20.8. THE CLIENT is responsible for all yearly domain renewal fees and Noise Hosting will not be held responsible for the payment of domain renewal fees.
20.9. THE CLIENT should cancel all services with Noise Hosting at least 30 days before a domain name renewal to avoid a domain name being renewed.
20.10. Noise Hosting will not refund THE CLIENT for any domain name renewal fee already paid to the relevant registrar.
20.11. THE CLIENT will be responsible for all legal costs [as between attorney and own client] incurred by Noise Hosting, whether formal action is instituted or not, due to any disputes, including domain name disputes and/or claims arising out of the use or registration of the CLIENT's domain name, or any of the other services offered by Noise Hosting, from time to time..
21. FREE DOMAIN NAMES AND FREE ANNUAL RENEWALS:
21.1. Noise Hosting offers THE CLIENT the option of free domain registration and or free annual domain renewal on specific hosting options.
21.2. Only specific TLD's (Top Level Domains) are available with this offer.
21.3. The domain name registration is free, but is subject to hosting with Noise Hosting for a minimum period of twelve (12) months from registration.
21.4. The annual domain name renewals is free, but is subject to hosting with Noise Hosting for a minimum period of twelve (12) months from renewal.
21.6. The entire balance of fees for the 12 months period following the registration or renewal become due should THE CLIENT wish to cancel their hosting within 12 months of such registration or renewal.
21.7. Any downgrade of the hosting option by A CLIENT that made use of Noise Hosting 's free domain registration or renewal offer, will be limited to the smallest hosting option offering a free domain name.
22. DOMAIN NAME TRANSFERS:
22.1. THE CLIENT is responsible for the transfer of their existing domain name to Noise Hosting. Noise Hosting will attempt to assist the CLIENT where possible.
22.2. If a transfer of a domain name (or DNS information) is not successful on the first attempt, then the onus falls on THE CLIENT to continue with the transfer process.
22.3. THE CLIENT is responsible for all costs related to such a transfer.
22.4. THE CLIENT is responsible for the hosting fee from the date of set-up on Noise Hosting 's servers. Noise Hosting will not refund any hosting fees should the client fail to make the necessary changes to their DNS settings or decide not to make the changes.
22.5. THE CLIENT must submit a valid cancellation of the service in the event that THE CLIENT fails to complete the domain name transfer or DNS update.
22.6. A fee will be levied for all domain transfers (away) that Noise Hosting declines.
22.7. Noise Hosting will not be held responsible for any delays caused by any Registrar.
23. ACCOUNT ALTERATIONS:
23.1. A downgrade fee will be levied on all account downgrades.
23.2. The domain registration fee becomes payable on domains that are downgraded in the first year after registration.
23.3. No fee is normally levied on upgrades. The Set-up fee that is levied on certain hosting options is still applicable should THE CLIENT upgrade to such a hosting option.
23.4. Accounts that are signed up making use of the free domain registration or free transfer offer can not be downgraded to a hosting option that does not offer the same offer.
24. SERVER HOSTING:
Noise Hosting may host a server on THE CLIENTS behalf, at Noise Hosting 's discretion, provided that the server conforms to the basic hardware and software requirements as defined by Noise Hosting.
24.1. Software support is not included.
24.2. The installation fee and first months hosting fee is payable upon activation of the server.
24.3. No access will be allowed to the server room.
24.4. Noise Hosting offers no uptime guarantee on any server in the server room and will not be held liable by any CLIENT for any damages THE CLIENT may suffer due to downtime.
24.5. Noise Hosting offers no guarantee on bandwidth in the server room and will not be held liable by any CLIENT for any damages THE CLIENT may suffer due to downtime.
24.6. Noise Hosting is not responsible for any equipment supplied by the CLIENT and will not be held liable for any damages the client may suffer.
24.7. The "Uptime Guarantee" and the "30 Day Money Back Guarantee" are not applicable to the server hosting option in any way.
24.8. THE CLIENT is liable for all costs as listed on Noise Hosting 's price list, including all utilised bandwidth.
24.9. THE CLIENT agrees to an initial minimum twelve (12) month server hosting subscription.
24.10. THE CLIENT agrees to an indefinite subscription period after the initial twelve (12) month subscription, requiring a months notice to terminate the service.
26. SMS SERVICES:
Noise Hosting 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:
26.1. Temporary interruptions may occur for whatever reason. In these circumstances, Noise Hosting 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).
26.2. The client is responsible for all the costs of SMS's sent via the clients interface. This includes all SMS's sent by people "hacking" or "cracking" the clients code.
26.3. Noise Hosting shall not be liable for any claims arising for the use of the service or for any claims arising from the non-delivery of SMS's.
26.4. Noise Hosting shall not be liable for claims arising from the failure of any cellular phone network provider to perform its duty.
26.5. Noise Hosting makes no claims or guarantees as to the delivery of SMS's sent via this service.
26.6. Unused SMS's are not transferred to the following month. Unused SMS's are therefore lost.
26.7. Charges for this service are subject to change without notice.
28. RESELLERS:
28.1. Commission Resellers will only receive commission on the hosting option and not on any value-added services or bandwidth usage.
28.2. Any reseller that at any time has less than eight sites with Noise Hosting will loose their reseller status.
28.3 Resellers are required to sign-up one new website per month to maintain their reseller status.
28.4. Noise Hosting reserves the right to withdraw a CLIENT's resellers status at any time, without notice and of justification of cause.
29. CONFIDENTIAL ACCOUNT INFORMATION:
THE CLIENT hereby gives Noise Hosting permission to:
29.1. Perform a credit check on THE CLIENT's credit profile with one or more of the registered Credit Bureaus when assessing THE CLIENT's application for services
29.2. Monitor THE CLIENT's payment behaviour by researching their profile at one or more of the Credit Bureaus.
29.3. Use new information and data obtained from Credit Bureau in respect of THE CLIENT's future service applications.
29.4. Record the existence of THE CLIENT's account with the Credit Bureau.
29.5. Record and transmit details of how THE CLIENT has performed, and how the account is conducted by THE CLIENT in meeting their obligations on the account.
30. COMPANIES AND CLOSED CORPORATIONS:
30.1. In the event of THE CLIENT being Company or a Closed Corporation, then the directors or members do hereby bind themselves jointly and severally as surety and co-principal debtor unto and in the favour of Noise Hosting for the value of the account in favour of THE CLIENT.
30.2. THE CLIENT hereby authorises Noise Hosting to accept any alterations, cancellations or any other instructions relating to the service provided by Noise Hosting as well as the ownership of any domain name from any company that THE CLIENT listed on application form.
31. NEW SERVICE APPLICATIONS:
31.1. Noise Hosting reserves the right to decline any new service application. Submission of an online application form is no guarantee of acceptance by Noise Hosting. Noise Hosting will not provide reasons for declining a new service application.
32. AMENDMENTS TO THESE TERMS AND CONDITIONS:
32.1. These Terms and Conditions may be updated from time to time.
32.2. Noise Hosting will notify THE CLIENT of any updates by presenting THE CLIENT with an alert on the Noise Hosting website (http://www.noisehosting.co.za) that describes the changes.
32.3. Those changes will go into effect thirty (30) days after the alert is first posted. THE CLIENT's continued use of Noise Hosting s services signifies THE CLIENT's acceptance of the changes.
32.4. These Terms and Conditions will always be available to THE CLIENT on this page. (http://www.noisehosting.co.za/tac.html)
32.5. All objections to alterations of the Terms and Conditions should reach Noise Hosting via registered post not later that forty five (45) days after the notification has been posted on the Noise Hosting website.
32.6. THE CLIENT is responsible for visiting Noise Hosting 's website on a monthly basis, so that THE CLIENT may be made aware of any notices posted in this regards.
33. LITIGATION AND ATTORNEY'S FEES:
33.1. In the event of any dispute arising out of or relating to this agreement, such dispute shall be resolved in DURBAN, South Africa and Noise Hosting shall be entitled to reasonable costs, including collection costs and attorney's fees.
34. ENTIRE AGREEMENT:
34.1. This represents the complete agreement and understanding between Noise Hosting and THE CLIENT with respect to the subject matter herein. In the event that any term or provision of this agreement is held by a court to be unenforceable, then the remaining provisions shall remain in full force and effect. THE CLIENT certifies that he/she is of legal age in the country of his/her residence to enter into this agreement.
35. ACCEPTANCE OF TERMS:
35.1. Use of Noise Hosting 's services constitutes acceptance of the terms and conditions contained in this agreement and any amendments thereto.
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