Conditions of Sale Policy
CUSTOMER SERVICE AGREEMENT
This is an agreement between eDisc ("eDisc") and the individual or duly authorized representative of a company ("THE CLIENT") applying for eDisc's service, regarding your use of eDisc's computers, interactive information, communication and server management service. This Agreement governs the terms and conditions under which eDisc makes the services offered by eDisc available to individual consumers through a personal computer or similar access, or to individual consumers or small businesses in connection with the " eDisc " web hosting or similar services. Under this Agreement, you must comply with eDisc's then current "Acceptable Use Policy," as updated from time to time by eDisc.
THE CLIENT agrees that the act of submitting his/her subscription form online is in lieu of his/her signature.
eDisc agrees to provide web site hosting and other related services to THE CLIENT, subject to the following terms and conditions:
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
1. eDisc will host an account for you, the purchaser (hereafter referred to as the " Account Holder" and "THE CLIENT"), for the Account Holder's chosen domain name, for the period of time (the Term) corresponding with the payment plan chosen by the Account Holder. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated. We require notification of non-renewal with at least 30 days notice but not more than 60 days prior to the renewal date. You must have all account information to cancel and send your notification via email to firstname.lastname@example.org If you do not provide this notice, you will be charged for the next terms rate. There are no refunds on a la carte services.
2. eDisc's services are provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. eDisc expressly disclaims any representation or warranty that the eDisc services will be error-free, secure or uninterrupted. No oral advice or written information given by eDisc, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice. The terms of this Section will survive any termination of this Agreement.
3. The Virtual Web Server Internet account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. Further, the Account Holder agrees not to store, transmit, link to, advertise or make available any images containing pornography. Violations of these or any other provisions of this Agreement may result in termination of the services provided by eDisc, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of eDisc based upon the severity of the violation. eDisc reserves the right to refuse service if any of the content within, or any links from, the Account Holder's website is deemed illegal, misleading, or obscene, or is otherwise in breach of eDisc's then current Acceptable Use Policy, in the sole and absolute opinion of eDisc. Notwithstanding anything in this Agreement, the content of the Account Holder's website is the sole responsibility of the Account Holder. The Account Holder agrees to indemnify and hold harmless eDisc from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney's fees, costs, and other expenses incurred by eDisc, (collectively, Claims) related to or in connection with the content of the Account Holder's website. The terms of this Section will survive any termination of this Agreement.
4. Account Holder acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Account Holder. Account Holder is aware that eDisc reserves the right to change the specified rates and charges from time to time.
5. The Account Holder agrees to follow generally accepted rules of "Netiquette" when sending e-mail messages or posting to newsgroups. Account Holder is responsible for security of its password. eDisc will not change passwords to any account without proof of identification, which is satisfactory to eDisc, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes Account Holder, Account Holder understands that eDisc will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will eDisc be liable for any losses incurred by Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless eDisc from any and all Claims arising from such ownership disputes. The terms of this Section will survive any termination of this Agreement.
6. The Account Holder agrees not to harm eDisc, its reputation, computer systems, programming and/or other persons using eDisc's services. eDisc reserves the right to select the server for Account Holder's website for best performance. The Account Holder understands that the services provided by eDisc are provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If the Account Holder's website overwhelms the server and causes complaints from other users, the Account Holder has outgrown the realm of shared servers, and will need to relocate it's website. eDisc will refund any unused portion of prepaid services. If the Account Holder refuses to comply with this Section, then eDisc has the right to terminate the services provided to the Account Holder without any refunds of the unused portion prepaid by the Account Holder. The Account Holder agrees to indemnify and hold harmless eDisc and any other Account Holder from any and all Claims resulting from the Account Holder's use of the services provided by eDisc The terms of this Section will survive any termination of this Agreement.
7. The Account Holder's rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of eDisc.
8. eDisc has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current eDisc Acceptable Use Policy. The e-mail distribution by the Account Holder of "SPAM", "JUNK MAIL", or "UNSOLICITED COMMERCIAL E-MAIL", is expressly prohibited. If the Account Holder refuses to remove any advertising or other third party content deemed objectionable by eDisc, eDisc may terminate the services being provided to the Account Holder.
9. eDisc will use its best efforts to maintain a full time Internet presence for the Account Holder. The Account Holder hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall eDisc be liable to the Account Holder for any damages resulting from or related to any failure or delay of eDisc in providing access to the Internet under this Agreement. In no event shall eDisc be liable to the Account Holder for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of eDisc under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive any termination of this Agreement.
10. This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Account Holder is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. An eDisc account may not be transferred without prior written approval from eDisc. The Account Holder is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Account Holder's account, the Account Holder will be liable for any unauthorized use of eDisc services, including any damages resulting there from, until the Account Holder notifies eDisc's customer service. The same applies for installing and using 3rd party applications, including but not limited to applications made available through eDisc's Control Panels or installed by eDisc at your request. The Client understands that it is their sole responsibility to keep said 3rd party applications up to date with the latest security patches and eDisc will not be responsible if said 3rd party application's security have been breached and a website or part of a website has been defaced or compromised. eDisc will however try and restore the website to the last backup before the site has been compromised.
11. If eDisc assigns the Account Holder an Internet Protocol address in connection with the Account Holder's use of the eDisc services, the right to use that Internet Protocol address will remain with and belong only to eDisc, and the Account Holder will have no right to use that Internet Protocol address except as allowed by eDisc in its sole and absolute discretion.
12. This Agreement constitutes the entire agreement between the Account Holder and eDisc with respect to the eDisc services and supersedes all prior agreements between the Account Holder and eDisc. eDisc's failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.
13. The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mindset, without formal proceedings. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in Uitenhage, South Africa. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.
14. The Account Holder agrees to indemnify and hold eDisc harmless from any and all Claims resulting from or connected with any activities conducted by the Account Holder. The Account Holder and eDisc will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph will survive any termination of this Agreement.
15. eDisc may include the Account Holder's name and contact information in directories of eDisc's service subscribers for the purpose promoting the use of the services by additional potential clients.
16. The interpretation and enforcement of this Agreement shall be governed according the laws of the Republic of South Africa (excluding its choice of law rules). The Account Holder hereby consents to personal jurisdiction in the federal and provincial courts of South Africa for any action arising out of or relating to the Account Holder's use of the eDisc services. The federal and provincial courts of South Africa will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. The terms of this Section will survive any termination of this Agreement.
17. Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery, by email or by mail. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested; with all postage and charges prepaid. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, or as specified by subsequent written notice delivered by the party whose address has changed.
18. Because the Internet is a global communication tool, and we have clients from nearly every country in the world it is difficult to dictate what is considered "adult material." However, it is not our function to discriminate against those who choose to utilize adult content or adult related material. This being said, there are still several reasons why eDisc has been forced to create its no adult sites policy for its virtual server users. Client is to indicate beforehand that they wish to host Adult Related Websites in order for eDisc to ensure the Client's account is setup on the appropriate server where Adult content is allowed.
19. Virtual account holders can receive a refund if account is cancelled within the initial 30 days after sign up. If the account holder cancels after the time period specified, there will be no refund given. Refunds do not include Domain Registration Fees and is only applicable to fees paid for actual web hosting accounts.
20. eDisc may temporarily deny service or terminate this Agreement upon the failure of Account Holder to pay charges when they become due. Such termination or denial will not relieve the Account Holder of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
21. If an account holder's account becomes overdue, the account will be suspended without notice. Interest will accrue on the overdue account at a rate of 5% per month until the outstanding balance is paid in full. An additional R30 Late Payment Penalty fee per domain will be charged to un-suspend an account. Also refer to point 26
22. If an account holder charges back for services rendered, a R400 charge back fee will be added to the amount charged back by the customer.
23. If an account holder's account is overdue for 90 days, the account will be terminated without notice and all data, including but not limited to email, web site files, applications and databases will be deleted and purged from our servers. Furthermore, the account will be handed over to an outside collection agency and Account Holder will be listed on ITC. At that time the account holder will incur a R400 collection fee added to the balance previously due. Should the account holder wish to continue hosting at this point, a re-connection fee of R250 will be charged and the account holder will be solely responsible for re-instating the hosting account as it was prior to termination including but not limited to uploading the web site and re-creating email accounts. eDisc reserver the right to reject or accept re-instating the account.
24. All accounts are subject to verification.
25. You agree that eDisc may establish limits concerning use of any eDisc service offered on any eDisc web site, including without limitation the maximum number of days that e-mail messages will be retained by any eDisc service, the maximum number of e-mail messages that may be sent from or received by an account on any eDisc service, the maximum size of an e-mail message that may be sent from or received by an account on any eDisc service, the maximum disk space that will be allotted on eDisc's servers on your behalf either cumulatively or for any particular service. You agree that eDisc has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any eDisc service. You acknowledge that the features, parameters (for example, the amount of storage available to users) or existence of any eDisc service may change at any time.
26. In the event of 3 days of non-payment, you agree to eDisc's right to suspend your account and display a page containing the words: "This website has been suspended due to non-payment" as well as various advertisements and/or links on your domain which will be clearly visible to visitors visiting your website. Furthermore you agree that DNS of your domain will remain unchanged until full payment for the outstanding balance on your account has been received by eDisc. Un-Suspension upon receiving payment on overdue accounts will only be done on working days, Monday - Friday between 9am and 3pm.
27. OTHER FEES PROCESSED VIA DEBIT ORDER
27.1 The yearly domain renewal fee will be deducted automatically via debit order when it becomes due for Account Holders utilizing our debit order facility.
27.2 Any updates or new pages added to your website during the month, will be deducted via debit order. An Invoice stating all charges will be issued 2-3 days prior to the debit order being processed, for you to query in time.
28. PAYMENT VIA DEBIT ORDER:
28.1. THE CLIENT agrees that submission of bank account information to eDisc constitutes authorization by THE CLIENT for eDisc to debit the specified bank account for all fees owed THE CLIENT to eDisc.
28 .2. The debit orders normally run on the last working day of each month. (This may vary depending on public holidays and weekends.)
28 .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.
28 .4. The debit order system closes on the 20th of each month. All account changes should reach us by the 18th of each month.
28 .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.
28 .6. eDisc normally runs one monthly debit order per domain name.
29. ADMINISTRATION FEE & OTHER FEES:
29.1. eDisc will charge an administration fee for all returned debit orders and all returned cheques irrelevant of the reason for the debit order or cheque being returned. All Services pertaining to this account will be suspended until payment is received.
29.2. The administration fee is currently 30% of the transaction value and is subject to change without notice.
29.3. The administration fee is applicable per domain and not per debit order.
30. DOMAIN NAMES AND DOMAIN NAME DISPUTES:
30.1. eDisc will not be held liable for any disputes arising out of domain name registrations or hosting on behalf of THE CLIENT.
30.2. eDisc will not be liable for damages in the event of a domain name not being registered or available for THE CLIENT's use.
30.3. THE CLIENT is responsible to insure that the domain name is registered correctly at the relevant registrar.
30.4. eDisc 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.
30 .5. eDisc 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.
30 .6. eDisc 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.
30 .7. THE CLIENT is responsible for all yearly domain renewal fee and eDisc will not be held responsible for the payment of domain renewal fees.
30 .8. THE CLIENT should cancel all services with eDisc at least 30 days before expiry as domain name renewals are normally done before the domain name's listed expiry date.
30 .9. eDisc will not refund THE CLIENT for any domain name renewal fee already paid to the relevant registrar.
30 .10. THE CLIENT will be responsible for all legal costs incurred by eDisc due to any domain name disputes or claims arising out of the use or registration of the THE CLIENT's domain name.
30.11 OUR OFFER OF A FREE DOMAIN REGISTRATION
eDiscs’ offer of a free domain registration on certain hosting packages are provided bound to the following conditions:
33.11.1 The domain will be registered in eDiscs’ Name for the 1st year. Upon the annual renewal date of the domain, eDisc will update the domain’s record with the relevant Registrar to display THE CLIENTS’ details.
30.11.2 Should THE CLIENT wish to wave our offer of a free domain registration, the relevant and then current domain registration fee, as determined by eDisc, will become applicable and the domain will be registered with THE CLIENTS’ details and THE CLIENTS’ account will not be bound by points 30.11.3 and 30.11.4 below.
30.11.3 Should THE CLIENT wish to transfer the domain away from eDisc during the 1st year prior to the domains’ annual renewal date, the relevant and then current domain registration fee, as determined by eDisc, will become applicable and THE CLIENT must pay said fee to eDisc before eDisc will release the domain. Also see: 30.4, 30.5 and 30.6 above.
30.11.4 Should THE CLIENT wish to cancel all hosting services pertaining to the domain prior to the domains’ annual renewal, the relevant and then current domain registration fee, as determined by eDisc, will become applicable and THE CLIENT must pay said fee to eDisc before eDisc will accept the cancellation of service and subsequent termination of services. Also see: 30.4, 30.5 and 30.6 above.
31. NEW SERVICE APPLICATIONS:
eDisc reserves the right to decline any new service application. Submission of a online application form or fax application form is no guarantee of acceptance by eDisc. eDisc will not provide reasons for declining a new service application.
32. OUR OFFER OF A FREE WEB SITE AND RESELLERS OF OUR SERVICES:
32.1 All free web sites designed/developed/built by eDisc will remain the property and intellectual property of eDisc even after a termination of eDisc's Services was requested. If THE CLIENT wishes to take possession of the web site for use elsewhere, THE CLIENT will be liable to pay eDisc designing fees at the then Current Rate eDisc charges for Designing/Developing/Building web sites. Any ADD-ON applications installed, customized and configured by eDisc on the THE CLIENT 's behalf as part of the designed web site will be charged accordingly to eDisc's then current fees for said services.
32.2 All free web sites designed/developed/built by eDisc as part of a Special Offer where the web hosting fee has been paid upfront for a year no refunds will be issued. If the Client wishes to cancel their web hosting account before the full year period has run it's course, they may do so at any time, but the Client is not entitled to a refund on the web hosting fee for the months remaining. This excludes webhosting fees on normal webhosting accounts where a Client either paid for a website design or where the Client purchased straight forward webhosting from us.
32.3 THE CLIENT that resells eDisc's web hosting services are also entitled to make use of eDisc's offer of a free web site, however, THE CLIENT is not entitled to resell the designed web site under any circumstances. If THE CLIENT resells a web site designed by eDisc under the free option and this is brought to eDisc's attention by whatever means, THE CLIENT will be liable for paying eDisc an amount of R3000 OR the full value of the designed web site as per eDisc's then current designing and add-on application installation, configuration, customization fees, whichever is greater. The same will apply if a Client downloads the website and uploads it for use on a web server elsewhere on another web hosting account other than eDisc's servers.
33. LITIGATION AND ATTORNEY'S FEES:
In the event of any dispute arising out of or relating to this agreement, such dispute shall be resolved in UITENHAGE, South Africa and eDisc shall be entitled to reasonable costs, including collection costs and attorney's fees.
34. FEES FOR OVER USAGE OF ALLOTTED BANDWIDTH AND DISK SPACE:
34.1 In the event that an Account Holder's account uses more resources than allocated and defined in the hosting package the Account Holder applied for, eDisc retains the right to charge for said over usage at a rate determined at the sole discretion of eDisc.
34.2 Over usage includes:
34.2.1 Bandwidth used by, but not limited to, Email Traffic, HTTP Traffic, FTP Traffic, on a monthly basis,
34.2.2 Disk Space used by, but not exclusive to, Email, Databases, Web Stats, Backups and Web Site Files.
34.3 Over usage charges differ from server to server and prices are subject to change without notice.
34.4 If an Account Holder refuses to pay for over usage, eDisc retains the right to suspend the account until the outstanding balance is paid.
34.5 If the account is overdue for a period of 90 days, point 23 of this agreement will come into effect.
35.1 Although some packages allow unlimited sub-domains eDisc do not allow the resale thereof.
35.2 The purpose of unlimited sub-domains are there for the different divisions of one company i.e. edisc.co.za has a Clients Section clients.edisc.co.za and an Accounts Section accounts.edisc.co.za
36. ENTIRE AGREEMENT:
This represents the complete agreement and understanding between eDisc 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.
37. RELAXATION OF TERMS:
No relaxation of the terms of this agreement and no indulgence which one party may grant to the other, will in any way operate as an estoppel against the former party or be deemed to be a waiver of their rights, or in any other way limit, alter, or prejudice those rights.
38. DOMICILLIUM CITANDI ET EXECUTANDI:
The client chooses the address which he/she/they submitted online to be his/her/their domicillium address.
39. CONSENT TO JURISDICTION:
Each party consents to the jurisdiction of the Magistrate's court in respect of any proceedings pursuant to this agreement but without ousting the inherent jurisdiction of the High court.
In the event of any legal action being taken on this agreement, eDisc shall be entitled to costs on the attorney and own client scale, including VAT and collection commission.
41. GOVERNING LAW:
This agreement shall be governed by the laws of the Republic of South Africa.
The client indemnifies eDisc for any losses or damages of any kind that the client may suffer including, but not limited to, those that may result from service interruption, delays or non-delivery.
43. ACCEPTANCE OF TERMS:
Use of eDisc's services constitutes acceptance of the terms and conditions contained in this agreement and any amendments thereto.
Last Reviewed: 08/10/2015