Website Hosting Terms:

General Terms

• Support is provided by e-mail or telephone during normal business hours.
• We do not allow Adult, Warez, illegal MP3 Sites or IRC Bots.
• Your virtual server is for your personal use only. You should not divulge the password to any other person, and you should take reasonable precautions to ensure that it is not discovered by other people.
• You may not run server processes (eg. talkers/IRC Bots) from your virtual server.
• We shall not be held liable for any loss or damages caused by the use or misuse, unavailability or removal of services.
• When your account is closed, all files (including web pages, etc.) will be deleted.
• We reserve the right to amend and update these terms and conditions at any time without notice.
• To protect your privacy we never distribute your name or e-mail address to any third parties.
• Users may not use Synergy Hosting servers to participate in any form of un-solicited bulk e-mailing or spam.
• By logging into your account, or uploading files to it, you are indicating your acceptance of these Terms and Conditions.
• You may not resell email accounts, aliases or auto responders or bundle them with a service that is sold or offered to your customers or clients, without the express written permission of Synergy Hosting.

Bandwidth

• Each virtual server includes a nominated amount of bandwidth, if you use more than this amount then you agree to pay for this bandwidth at a rate of R45.00 per 1 GB.

Web Pages

• Commercial use of web and ftp space is permitted.
• You will be responsible for the content of your pages, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate South African law.
• You will be held responsible for and accept responsibility for any defamatory, confidential, secret or other proprietary material available via your page(s).
• We reserve the right to refuse to host material deemed inappropriate. Synergy Hosting does not allow adult, warez or illegal MP3 web sites on their servers.

LEGAL TERMS AND CONDITIONS

• "Client" or "you" means the person, firm or company that has requested any Services;
• "Conditions" means the standard terms and conditions of sale set out herein;
• "Synergy Hosting" or "we" means SynergizeIT CC (Reg No: 2003/105603/23), trading as Synergy Hosting;

Acceptance of Terms

• The conditions set out the only terms on which Synergy Hosting is prepared to provide you with the Services. The conditions shall apply to all contracts and by clicking on accept and/or or by using the services you accept this. All other terms and conditions (other than those which are agreed in writing between us) are excluded to the fullest extent permitted by law. Synergy Hosting reserves the right to review and revise these conditions from time to time without prior notice and, by using the services subsequent to any revision of these conditions, you agree to be bound by such changes. Please visit this page on a regular basis in order to remain informed of any changes to these terms and conditions.

Registration

• Where appropriate, you agree to provide such information about yourself as prompted by the service's registration form and ensure that it is at all times true, current, accurate and complete. If it is not or we reasonably suspect it is not true, current, accurate and complete then we shall be entitled to terminate the contract or suspend the services.

The Services

• The services shall be as described in this site and such other material as Synergy Hosting provides to you from time to time. We reserve the right at any time and from time to time to amend, improve, correct, discontinue, temporarily or permanently, the services (or any part thereof) with or without notice and you agree that Synergy Hosting shall not be liable to you or to any third party for any such modification, suspension or discontinuance.
• Unless otherwise agreed in writing by Synergy Hosting, the service is provided on a month to month basis.
• Synergy Hosting shall be entitled to restrict bandwidth made available to the client at any time in order to protect all and any Internet solutions provided by Synergy Hosting.
• Synergy Hosting shall use its reasonable endeavours to ensure that the servers and the data contained therein are safeguarded from damage, accident, fire, theft and unauthorised use.

Registration of Domain Names

The following shall apply where the Services include or consist of domain name registration services:

• i) The Client acknowledges that, whilst Synergy Hosting shall use its reasonable endeavours to successfully register the requested domain name, Synergy Hosting shall not be obliged to accept any request to register or continue to process any registration of a domain name.
• ii) The obligations of Synergy Hosting in relation to domain name registration shall be limited to forwarding the application to the relevant naming authority, providing reasonable administration services in relation to the application and notifying the result of the application within a reasonable period after communication from the authority. Synergy Hosting will use reasonable endeavours to notify you of any renewal dates however Synergy Hosting accepts no liability for any use or retention of any domain name which is registered.
• iii) Synergy Hosting makes no representations or warranties (expressed or implied) of any kind (and they are expressly disclaimed) with respect to availability or likelihood of successful registration of any domain name.
• iv) The client shall be responsible for ensuring that the correct domain name is requested, incorrect spelling of the domain name during the registration process will still incur the full registration cost.
• v) The client shall at all times comply with the terms and conditions (from time to time subsisting) for the registration of domain names published by the relevant naming authority and generally to the terms and conditions of any such authority having similar force and to which the client may become subject as a result of services provided by Synergy Hosting.
• vi) Synergy Hosting may from time to time change the registrar that a domain is held with. The client agrees to allow Synergy Hosting to do so as it sees fit and without notice.
• vii) At this stage we only offer domain registrations to clients who are purchasing a hosting package or domain name parking.

Obligations of the Client

The Client agrees that it shall:

• i) immediately notify Synergy Hosting if it becomes aware of any unauthorised use of all or any of the Services and/or Servers;
• ii) not use the Services and/or Servers for any unlawful purpose or for the publication, linking to, issue or display of any unlawful material (which shall include without limit any pirated software or any material which is obscene, pornographic, threatening, malicious, harmful, abusive, harmful, defamatory or which breaches the rights (including without limit IPRs) of any third party or which is or encourages criminal acts or contains any virus, worm, trojan horse or other harmful code) whether under South African law or regulation, the laws or regulations of the Clients country or any other place where the results of such purpose or such material can be accessed;
• iii) not use the Services and/or Servers for the publication, linking to, issue or display of any material which in the absolute discretion of Synergy Hosting may harm Synergy Hosting or any of its clients or bring Synergy Hosting into disrepute or may call into question any action taken by Synergy Hosting on the Client's behalf;
• iv) not use the Services and/or Servers in breach of good Netiquette practices;
• v) ensure that it has all necessary consents, permissions and licences to make use of the Services including without limit registration under the Data Protection Act 1984 and 1998;
• vi) not provide any technical or other information obtained from Synergy Hosting and/or relating to the Services or the Contract to any person, company, firm or government which the Client knows or ought reasonably be aware may directly or indirectly lead to a breach of any South African law or regulation;
• vii) not, in breach of good Netiquette practices, use any service provided by any third party (including without limit an Internet web site and/or e-mail) for the publication, linking to, issue or display of any material which refers to an Internet web site hosted by Synergy Hosting or any other services offered by Synergy Hosting from time to time;
• viii) ensure that all material or data hosted by Synergy Hosting on any web site operated by the Client from time to time or communicated through such site or using the Servers is checked for viruses and other harmful code;
• ix) keep back ups of all data hosted by Synergy Hosting on any web site operated by the Client from time to time; and
• x) promptly notify Synergy Hosting in writing of any change to its communication address and the Client acknowledges that Synergy Hosting shall not be liable for any costs, damages or loss which the Client may suffer or incur as a result of failure to notify such changes to Synergy Hosting.
• The Client acknowledges that in order to make proper use of the Services it should have a basic knowledge of how the Internet functions and what types of use are and are not acceptable. The Client acknowledges that Synergy Hosting shall have no obligation to:
  a) manipulate any material which the Client wishes and/or does post on any web site it operates or any communication which it issues or sends in connection with any of the Services; or
  b) validate or vet such material for usability, legality, content or correctness.

Price

• The current price payable for the Services shall be published on the site from time to time and confirmed at the time you request us to provide any of the services. The price is non-refundable. Synergy Hosting shall be entitled to vary its prices from time to time however we shall give you at least one month’s notice of such increase and if you are not satisfied with such increase then you will be entitled to terminate the Contract by giving us written notice within one month of the date of the variation notice failing which you shall be deemed to have agreed to the variation.
• The price covers permitted bandwidth (monthly transfer limit). If you exceed this limit then Synergy Hosting reserves the right to make additional charges for usage above the limit at the prevailing charge rate as stated on the site. We will let you know if your bandwidth use exceeds the agreed level.
• All prices quoted to the client for the provision of services by Synergy Hosting are inclusive of any value added tax.

Payment

• Payment is by credit card or debit order(currently Amex, Diners Club, Visa and Master Card are accepted, debit orders are with South African banks). The client shall authorise Synergy Hosting to debit their card on the last day of each month.
• Where the Services include or consist of registration of domain name services, Synergy Hosting shall be entitled to deduct payment from the client and pay this over to the appropriate naming authority. Failure for any reason by the Client to make payment before the specified date will entitle Synergy Hosting to release the Client's domain name without any liability for loss suffered by the Client howsoever arising.
• It is of the essence of the Contract that the Contract price and all other amounts due from the Client under the Contract are paid on time. You shall be responsible for any and all expenses incurred by Synergy Hosting in recovering overdue amounts and shall pay interest at annual rate of 5% above the base lending rate of Standard Bank of South Africa calculated daily until payment is made in full.
• Failure to settle all amounts within 7 days of the due date will result in us withholding of further services and/or suspension of existing services.
• Where a site has been suspended, an administation fee of R200 shall be payable before the site will be reactivated.
• Unpaid debit orders will incur a R50 admin fee.

Intellectual Property

• All IPRs relating to the Services provided by Synergy Hosting are and shall remain the property of Synergy Hosting. All rights in the design and arrangement of the Site, text and graphics and all software compilations, underlying source code, and all other material on the Site are reserved to of Synergy Hosting or its licensors. Except as expressly provided below, nothing contained in these term of use or on the Site shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other IPRs.
• Synergy Hosting and all other names, images, pictures, logos and icons identifying Synergy Hosting or its services are trade marks of Synergy Hosting in South Africa and other countries. Other product and company names mentioned on this Site may be trade marks of their respective owners.

Indemnity

• The Client agrees to fully indemnify and keep Synergy Hosting, its subsidiaries, affiliates, officers, partners, employees and agents fully indemnified from and against all actions, demands, costs (on a fully indemnity basis), losses, penalties, damages, liability, claims and expenses (including but not limited to legal fees) whatsoever arising from your breach of the Contract, your use or misuse of the Services, any claims by third parties as to ownership or other rights to use a Domain Name where one has been registered by or transferred to Synergy Hosting at your request or arising in any way by the Client infringing (whether innocently or knowingly) third party rights (including without limit intellectual property rights).

Disclaimer

• Nothing in the Contract or these Conditions shall exclude or limit the liability of Synergy Hosting for death or personal injury resulting from its negligence or fraudulent misrepresentation nor affect the statutory rights of consumers.
• To the fullest extent permitted by law the Site and its contents is provided by Synergy Hosting on an "as is" and "as available" basis and no representations or warranties (expressed or implied) of any kind are made (and they are expressly disclaimed) with respect to the Services, the Site or its contents including, without limit, warranties of merchantability and fitness for a particular purpose. Further, Synergy Hosting does not represent or warrant that: (i) the Services will meet your requirements; (ii) the Services will be uninterrupted, timely, secure, or error-free; (iii) any results obtained from using the Services will be accurate, complete or current.
• You acknowledge that the allocation of risk in this contract reflects the price paid for the Services and that it is not within the control of Synergy Hosting how or for what purposes the Services are used. If any exclusion in this license is held to be invalid and Synergy Hosting becomes liable for loss or damage that may lawfully be limited then such liability shall be limited to the amount paid by you for the Services.
• Synergy Hosting shall have no liability to the Client for any loss arising from any material, data or instructions supplied whether digitally or otherwise by the Client or on its behalf which is incomplete, inaccurate, illegible, out of sequence or in the wrong form or arising from late arrival or non-arrival or any other fault by the Client or on its behalf.
• Synergy Hosting is not responsible for any delay, malfunction, non performance and/or other degradation of performance of any of the Services caused by or resulting from any alteration, modification and/or amendments due to changes and specifications requested or implemented by the Client whether or not beyond the Services already supplied. Synergy Hosting reserves the right to raise additional charges for any work so arising.
• If any Services are or become unavailable then Synergy Hosting will use reasonable endeavours to repair and reinstate the service as soon as possible after detection depending on the severity of the failure. If failure is caused by the Client or any agent of the Client to whom access to Servers was given then the Client shall pay all costs to reinstate and/or repair the Server. Where such unavailability is due to the negligent failure of Synergy Hosting to deal with circumstances within its control and is for more than a total of 24 hours in any 30 day period or for any 6 consecutive hour period then Synergy Hosting will at its discretion either pay to you compensation limited to a refund of the fee paid by you for the unavailable Services or provide you with a credit up to the same amount.
• Neither Synergy Hosting nor anyone else who has been involved in the creation, production or supply of the Services shall be liable to the Client or any other person for any loss in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof by reason of or in connection with the Contract or the Services for any:
  (i) economic loss of any kind whatsoever, or
  (ii) loss of profit, business contracts, revenues or anticipated savings, or
  (iii) damage to the Client's reputation or goodwill, or
  (iv) loss resulting from any claim made by any third party, or
  (v) special, indirect or consequential loss or damage of any nature whatsoever, and the Client shall indemnify Synergy Hosting from and against any claim which may be made against Synergy Hosting in respect thereof. Some jurisdictions do not allow the exclusion or limitation of implied warranties or of liability for consequential or incidental damages and therefore the above may not apply to you.
• If Synergy Hosting is prevented or delayed in or from performing any of its obligations under the Conditions or the Contract due to circumstances beyond its control such as but not limited to governmental acts, war, riots, strikes or trade disputes (including by and with our own employees), technical failure, general availability of the Internet, power failure, communications failure, weather, flood, fire or explosion, natural or local emergency Synergy Hosting shall not be liable for this.

Privacy

• The information you provide to us will be stored on computer. We are committed to protecting your privacy. We and any of our associated companies may use the information you provide us to provide a more personalised service and to tell you about changes in our and their service or any new services which we think you will find valuable. If you object to any of these uses at any time, then please inform us by emailing Synergy Hosting at the address set out in the "contact us" section at the Site. We may also use such information where and to the extent of any requirement to comply with any applicable law, legal process or to enforce any of these Conditions.
• We will not monitor, edit or disclose the content's of any private communications transmitted via the Servers unless required to do so by law or in the good faith belief that such action is necessary to conform or comply with applicable law, to protect and defend the rights and/or property of Synergy Hosting or to protect the personal safety of any of our clients or the public.

Cookies

• Cookies are bits of electronic information that a web site can transfer to your hard drive to help tailor and keep records of your visit to the Site. Cookies allow us to better customise visits to the Site to your individual preferences, helping us provide you with the best possible service on our Site. Most major web sites use cookies and their use is standard on the Internet. Most Internet browsers automatically accept cookies but you can change your settings so that you are notified whenever you are sent a cookie.

Termination

The Contract may be terminated:
• i) immediately by Synergy Hosting if the Client fails to pay any sums due hereunder within 7 days of their due date;
• ii) immediately by either party to the other if the other commits any material breach of any these conditions and which (in the case of a breach capable of being remedied) has not been remedied within a reasonable time period as may be specified in a formal request in writing or by electronic e-mail to remedy the same;
• iii) immediately by written notice from Synergy Hosting if the Client commits any material breach of any these conditions which may impact the Services or Servers of Synergy Hosting or the ability of Synergy Hosting to provide the services;
• iv) immediately by either party if the other shall convene a meeting with its creditors or if a proposal shall be made for a voluntary arrangement within part 1 of the Insolvency Act 1986 or a proposal for any other composition scheme of arrangement with (or the assignment for the benefit of) its creditors or if the other shall be unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986 or if a trustee receiver or administrative receiver or similar officer is appointed in respect of all or any of the business or assets of the other party or if a petition is presented or a meeting is convened for the purpose of considering a resolution or any other steps are taken for the winding up or the making of an administrative order (otherwise than for the purposes of a solvent amalgamation or reconstruction).
• v) with one calendar months notice.
• vi) in the event that Synergy Hosting is entitled to terminate the Contract for any reason then it shall in the alternative at its sole discretion be entitled to suspend the Services for such period as Synergy Hosting shall determine.
• vii) upon termination or expiry of the Contract all amounts payable by the Client to Synergy Hosting shall become immediately due and Synergy Hosting shall be entitled to immediately cease the provision of the Services.
• viii) where a domain name has been registered through Synergy Hosting with a domain parking account, an initial period of 6 months applies, thereafter 1 calendar month notice required to terminate.

Foreign Jurisdictions

• The Site may contain references or cross references to services that are not available in every country. We do not represent that all Services and content, materials and services on the Site are appropriate or available for use in all geographic locations, and accessing such from certain locations may be illegal and prohibited. Your access to the content, materials and services on the Site from such locations is at your own initiative and we are not responsible for your compliance with local laws or other applicable laws. You will not access the foregoing if prohibited by law.
• Any translation of these Conditions into a language other than English is for the convenience of the Client only and it is agreed that the English language version of these Conditions at http://www.synergyhosting.co.za/terms.php shall be relied on by the parties and shall prevail in the event of any differences.

Miscellaneous

• Any failure or delay by either party in exercising any rights or remedy will not constitute a waiver.
• Any notice or other communication to be given by a party under this Agreement must be in writing and must be given by delivery at or sending by first class post or by E-mail or facsimile transmission to the last known postal, E-mail address or relevant telecommunications number of the other party. Notices shall be deemed to have been received when in the ordinary course of the means of transmission it would be received by the addressee. To prove the giving of a notice it shall be sufficient to show it was dispatched. A notice shall have been effect from the sooner of its actual or deemed receipt by the addressee.
• Any termination of this Agreement shall be without prejudice to any other rights or remedies which a party may be entitled to hereunder or at law and shall not effect any previous rights or liabilities of either party nor the coming into or continuance in force of any provision hereof which is expressly or by implication intended to come into continue in force upon or after such termination.
• If any provision of these Conditions is held by any competent authority to be unlawful, invalid or unenforceable in whole or in part then the provision shall be deemed to be severable from the remaining provisions and shall not affect their validity or enforceability.
• Your use of this Site and the Contract will be governed by South African Law and will be deemed to have occurred and been made in South Africa. If you have any disputes with us or any other aspect of the Site then these will be exclusively resolved in the South African Courts.
• The Client shall not share, re-sell or attempt to share or re-sell the Services, transfer or attempt to transfer this Contract or permit any third party to use and/or access any of the for any purpose without prior consent of Synergy Hosting.