Archive for January, 2016

Service Terms and Conditions

This document constitutes the whole agreement between the Customer/Applicant and Amphibic Pty Ltd  (hereinafter referred to as the “Organization”) (hereinafter referred to as the “parties”) and supersedes all prior verbal or written agreements or understandings or representations by or between the Parties regarding the subject matter of this Agreement, and the Parties will not be entitled to rely, in any dispute regarding this Agreement, on any terms, conditions or representation not expressly contained in this Agreement.

Please ensure that you have read, understand and accept all the terms and conditions of this Agreement before signing and dating this document. Your signature confirms that: a) you were given a copy of this Agreement; b) you have read, understand and accept the terms and conditions, set out herein and that you have duly been authorized to contract on behalf of the Customer.

With the use of services provided the customer agree to  the terms and condition herein.

1. This agreement shall commence on the commencement date and, unless terminated in accordance with any other provision of this agreement, shall endure for the initial period and thereafter indefinitely until terminated by either party by giving the other party two calendar month’s written notice of termination. Such notice of termination shall be effective from the first day of the next calendar month. For clarity purposes and by way of example, in the event of a customer, after the initial period, giving the Organization written notice of termination during a particular month (example 18th May),that notice of termination will only take effect on the 1st of the following month (example 1st June) and termination will occur at any time on the last day of the latter month (example 30th June).
   A cancellation may not be processed while the parties are engages in a dispute resolution process, or while there is an outstanding amount to be settled, or if an active term contact is attached to the service.
2. Payment of Charges: Charges and charge rates are as set in the initial agreement and its attachment. Charges are subjected to change by the Organization upon giving the customer not less than 30 days’ notice. Cost of installing, and all hardware and software required for the implementation of the service from the customer’s side, is for the customer’s own account.
3. The client confirms that the use or registration of any Domain Name by the customer does not interfere with nor infringe the rights of any third party in any jurisdiction with respect to trademark, service mark, trade name, company name, close corporation name, copyright nor any other intellectual property right, and that The customer has the right to use the Domain Name as requested
4. Liability: Under no circumstances shall the Organization be liable for direct, indirect, special or consequential losses or damages arising directly or indirectly out of or in connection with the agreement or the service provided in terms of the agreement.
5. Accuracy of Information: While the Organization and the Information Providers have no reason to believe that there are inaccuracies or defects in the service, The Organization and the Information Providers make no representation or warranties expressed or implied with regard to the service or the information, including but not limited to the fitness of the service for any purpose whatsoever.
6. The Organization makes no warranties or representations of any kind, whether express or implied as to the service it is providing. The Organization also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the customer, including loss of data resulting from delays, non-deliveries or service interruptions or from any cause whatsoever, or errors or omissions on the part of the customer. Use of any information obtained through The Organization is at The customer’s own risk, and  the Organization specifically denies any responsibility for the accuracy or quality of information obtained through its services. Any reference to Connection speed represents the speed of a connection to, and does not represent guarantees of available end to end bandwidth.
7. The Organization expressly limits its damages to the customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability, calculated per hour.  Only claims submitted in writing within 1 week from the date of service unavailability will be considered. The Organization specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
8. The customer expressly agrees that use of the Organization’s Server(s) and Services are at the customer’s sole risk. Neither the Organization, its employees, affiliates, agents, third party information providers, merchants, licensors or the like, warrant that the Organization’s Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Servers and  service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Organization’s Servers and  service, unless otherwise expressly stated in this Agreement.
9. The Organization does not host any materials which are deemed to be offensive or illegal. This includes Pirated software, Pornography and sex-related merchandising, Violations of Copyrights, Hacker programs or archives, Warez sites and Hate propaganda. Monthly bandwidth for websites are limited as per your package details, and overages will be charged for at the published rate.
10. Invoicing: The customer monthly services are payable in advance at the start of each month. Any amount not paid on the due date shall bear the maximum interest rate allowed by law, calculated and compounded daily in advance as from the due date. If no payment is received within 7 (seven) days from due date the service may be terminated until payment is received.
    Payments will be deemed received only when it has cleared in the organisations bank account.
11. The customer confirms that all statements made in this application are true and correct.
12. The customer or its Agent certifies that he/she is above the age of 18 years, has full contractual capacity and is duly authorised by the customer to contract on The customer’s behalf.
13. The Agreement for Use of Service: The use of the service shall be deemed to constitute full acceptance by the customer of the Agreement. Any unauthorised use of the services provided will be for the customer’s risk.
14. Dispute: In the case of dispute, the law of the Republic of South Africa will apply. Customers in violation of overseas host services may alternatively be subject to the laws of the countries in which any transgression may occur and whose courts may have jurisdiction over the parties concerned. customers’ actions may not reflect on the service as being initiated and/or condoned by the service.
15. Undertaking as co-principal debtor on behalf of the customer by the signatory. If the customer as identified in the application form is any entity with a juristic personality (including trusts), then the signatory hereto who signs on behalf of the customer (“the signatory”) warrants that he is duly authorised to enter into this agreement and sign the debit authorisation on the customer’s bank account. By his/her signature, the signatory hereby binds himself as co-principal debtor for the customer unto and in favour of the Organization for the due and punctual fulfilment of all the customer’s obligations to the Organization arising out of this agreement including the payment of all charges, fees, penalties, and liquidated damages. The signatory as co-principal debtor hereby renounces and waives the benefits of the legal defences exclusion, division of cession of actions and hereby acknowledges that he understands the full meaning of such defences and the effect of such renunciation and waiver.
16. Proof: of Claims. A certificate signed by a manager or any director of the Organization reflecting the amount owing by the customer to the Organization in respect of the credit facilities granted to the Customer relating to the Customer’s dealings with the Organization, and of the fact that such amount is due, owing and unpaid shall be prima facie proof of the effects therein stated for the purpose of any action (whether by way of provisional sentence or otherwise), proof of debt on insolvency or for any purpose whatsoever where the amount of such claims is required to be established, and it shall rest with the Customer to prove that such amount is not owning and/or due and unpaid.
17. The signatory hereby irrevocably cede, assign and transfer, make over unto and in favour of the Organization, all the Customer’s right title and interest in and to its claims against its debtors, both present and future and from whatsoever cause arising, as security for all or any of the amounts which the Customer may now or at any time in the future owe to the Organization. I/We and/or the Customer irrevocably an din rem suam authorises the Organization in its absolute discretion to claim from all or any of its debtors the whole or any portion of the indebtedness of any one or more of them, to give a valid receipt or discharge for such indebtedness, to take any action in its name in any Court of competent jurisdiction and to proceed in execution thereunder against all or any of the said debtors, to cede, transfer, negotiat e, pledge or otherwise deal with all or any of the said debtor, to exchange promissory notes, cheques, agreements, documents of title or any other security held by the Customer. The security created by the cession shall be a continuing one, notwithstanding any fluctuation in the amount of indebtedness of the Customer to the Organization. The Customer hereby undertakes on demand to furnish the Organization with such information concerning its debtors as may be reasonably required, to enable the Organization to give effect to the provision above.
18. Notice: Any notice, consent or other communication required to be given hereunder by the customer shall be made in writing and shall be sent by registered post to the organization. A copy of any such communication made by the customer to the Organization shall be sent to the e-mail  addresses accounts@amphibic.co.za and info@amphibic.co.za
19. Any notice or other communication made by the Organization shall be sent to the Internet e-mail address of the customer.
20. An admin fee of 15% with a minimum of R150 will be levied on all dishonoured cheques and return or unpaid debit orders.
21. The customer agrees the customer will be responsible for any loss of or damage to equipment or property of the Organization which is rented, hired or lent to the customer.