Terms of Service

1.INTERPRETATION
1.1.In this Agreement, unless inconsistent with context, words defined on the face hereof shall bear the meanings so assigned to them and the following words and expressions shall bear the meanings assigned to them below –
1.2.”Innernet” – Innernet Computer Services CC t/a Innernet Computers
1.3.”Services” – the Services which are selected and agreed upon on the face hereof;
1.4.”Client” – the Company, Close Corporation, Firm, Partnership or Persons contracting to receive the Service from Innernet in terms of this Agreement;
1.5.”Agreement” – these terms and conditions as read with the schedule on the face hereof;
1.6.”Commencement Date” – the date on which the contract begins;
1.7.”Duration of the Contract” – the number of months the Service specified upon on the face hereof is contracted for.

2.APPOINTMENT AND TERM
2.1.The Client hereby appoints Innernet, which hereby agrees, to provide the Services to the Client on the terms and conditions of this Agreement.
2.2.Subject to the provisions of this Agreement, this Agreement shall take effect from the Commencement Date and continue for the Duration of the Contract (“the Initial Term”) whereafter it will continue indefinitely until terminated in writing by either party giving 1 (one) month’s written notice.
3.THE SERVICES
Innernet undertakes to provide to the Client with the Services listed on the face hereof;
3.1.Webhosting: Innernet will supply the server space, traffic allocation and control panel to the Client according to the package selected.
3.2.Website Management: Innernet will manage the Website on behalf of the Client. This service includes updating of the website, administering e-mail adresses and support accoording to the selected package.
3.3.Design: Innernet will supply design concepts and refinements according to the package/service selected. Upon agreement the design will be implemented.
3.4.Programming. Software development based on the specification agreed upon between Innernet and the Client. User testing will be done before going live.
4.WARRANTIES AND THE EXCLUSION OF LIABILITY
4.1.Innernet shall be exempted from and not be liable to the Client and/or any third party under any circumstances whatsoever for any indirect or consequential damages of any kind or any loss of profit or special damages of any kind, whether in the contemplation of the parties or not, which the Client and/or any third party may suffer as a result of any act or omission of Innernet, its servants, agents and sub-contractors and/or any breach of Innernet’s obligations in terms of this Agreement. Innernet, its servants, agents and sub-contractors shall not be liable to the Client and/or any third party in any manner whatsoever for the failure of the Software provided by Innernet. Notwithstanding any other provisions of this Agreement, Innernet’s liability to the Client and/or any third party for any damages or loss of whatsoever nature, including without limitation any damages or loss caused by the negligence of Innernet or that of its servants, agents and sub-contractors, shall in any event and under all circumstances be limited to an amount equal to the fees payable by the Client in the Initial Term.
4.2.Innernet undertakes to do everything under its control to ensure that the Services rendered will be provided and maintained during the contract period;
4.3.Because of the need to conduct maintenance, repair and/or improvement work from time to time on the technical infrastructure by means of which the Service is provided, the provision of the Service may be suspended from time to time without notice. Innernet, its servants, agents and sub-contractors is exempted from all liability for any loss or damage (whether direct or consequential) and/or for any costs, claims or demands of any nature to the Client and/or any third party arising from such suspension.
4.4.Innernet does not undertake to reinstate the Service within a specific period, and will be exempted from any liability whatsoever, if the nature of the failure is caused by Innernet’s upstream service provider’s failure to deliver their service and if the failure is due to a reason out of the direct control of Innernet.
4.5.The Client will be responsible for all equipment not included in the Services rendered by Innernet.
4.6.Innernet does not make any representations nor, unless expressly given in writing, give any warranty or guarantee of any nature whatsoever in respect of the Service or its suitability for any intended purpose, whether that purpose is notified to Innernet or not. Without derogating from the generality of the foregoing, Innernet does not warrant or guarantee that information transmitted or posted by the use of the Service will be preserved or sustained in its entirety, will be suitable for any intended purpose, will be free of inaccuracies or defects or bugs or viruses of any kind, and will not contravene the laws of a particular country.
4.7.The Client hereby indemnifies Innernet and holds Innernet harmless against any claim by any third party arising directly or indirectly out of the Client’s access to or use of the Service or information obtained through the use of it, including without limitation any claim due to the use of the Services for unlawful purposes.

5.FORCE MAJEURE
5.1.If Innernet is prevented from or restricted directly or indirectly from carrying out all or any of its obligations under this Agreement due to any reason and/or cause beyond the control of Innernet or by reason of force majeure, Innernet shall be relieved of its obligations in terms of this Agreement during such period.

6.BREACH
If the Client
6.1.fails to pay any amount under this Agreement on due date; or
6.2.commits, suffers or permits a breach of any term of this Agreement; or
6.3.in Innernet’s opinion jeopardizes Innernet by abusing or misusing the Service in any manner whatsoever; or uses the Service for any unlawful purpose; then and in any such event Innernet shall be entitled, without prejudice to its other rights in law, to immediately suspend its obligations under this Agreement and/or terminate this Agreement without notice to the Client. Upon termination of this Agreement in terms of this clause or for any other reason whatsoever all amounts payable by the Client to Innernet shall immediately become due and payable and Innernet shall be entitled to recover all such amounts from the Client forthwith.
6.4.Termination of the contract by the Client before the specified date of termination for breach of contract will result in the Client being liable for the full payment of the remaining fee for the applicable Initial Term and/or successive 1 (one) month periods in terms of this Agreement.

7.DOMICILIUM AND NOTICES
The Client hereby chooses domicilium citandi et executandi for all purposes of and in connection with this Agreement at the Client’s physical address and e-mail as set forth on the face hereof. Innernet shall be entitled to give any notice in terms of this Agreement by e-mail. Either party may change its domicilium by giving 14 days written notice to the other party.

8.PAYMENT
Payment is due as stipulated in the payment schedule provided to the Client by Innernet. Payment for webhosting and management services are payable in advance. Payment for design and programming services are due on completion.
Innernet may temporarily deny service or terminate this Agreement upon failure of
the Client to pay charges when due. Such termination or denial will not relieve the Client of responsibility for the payment of all accrued service fees, or any collection fees.

9.GENERAL
9.1.This Agreement constitutes the sole record of the Agreement between the parties in regard to the subject matter thereof. Neither party shall be bound by any representation, or express or implied term, promise or the like not be recorded herein or reduced to writing and signed by the parties or their representatives. No addition or variation of this Agreement shall be of any force or effect unless in writing and signed by or on behalf of the parties. No indulgence that Innernet may grant to the Client shall constitute a waiver of any of Innernet’s rights. In this agreement the singular shall include the plural.
9.2.This Agreement shall in all respects be governed by and construed in accordance with the law of the Republic of South Africa, and all disputes, actions and other matters in connection with this Agreement shall be determined in accordance with such laws.
9.3.Should any provision of this Agreement be rendered unlawful then that unlawful provision only shall be invalid, without effecting or invalidating any of the remaining provisions of this Agreement that shall continue to be of full force effect.
9.4.Innernet is entitled to cede this agreement.
9.5.The Client warrants the accuracy of all information furnished by or on behalf of the Client in terms of or pursuant to this Agreement. The Client shall forthwith notify Innernet in writing of any changes from time to time in the information set out in the schedule on the face hereof.
9.6.The parties hereby consent to the jurisdiction of any Magistrates Court which may exercise jurisdiction over any of the parties in terms of Section 28 of the Magistrates Courts’ Act 32 of 1944 in respect of any dispute arising from or concerning this Agreement, provided that should Innernet elect to proceed in the High Court it shall be entitled to do so.
9.7.The Client undertakes to abide by Innernet’s acceptable use policy and Terms of service as published from time to time on Innernet’s website.

10. PRIVACY & CONFIDENTIALITY
10.1 Innernet undertakes to treat all Clients’ information as confidential and will not
share with 3rd parties.
10.2 Domain registrations on behalf of the Client will include contact information as required by the Registrars which is publically viewable. Clients are required to specifically indicate to Innernet should they wish their information to remain anonomous with regards to Domain Registrations.