Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

This Hosting Agreement governs your purchase and use, in any manner, of all Website Hosting, ordered by you and accepted by Domenetworx (Pty)Ltd and describes the terms and conditions that apply to such purchase and use of the Services. You “Client” AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN. Domenetworx reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future clients. Domenetworx may make changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following Domenetworx’ posting of any changes or modifications will constitute your acceptance of such changes or modifications.

Payments

As consideration for Domenetworx providing the Hosting Services here-under Client agrees to pay Domenetworx the aggregate monthly fee based on the monthly hosting services and the terms selected. Payment is accepted in SA Rand (R), Euro (€) and Australian Dollar (AUD). Payment options include PayPal, PayPal Credit Card services (Visa, Master Card, etc.) and also Electronic Funds Transfer (EFT) for South African clients. Payment is also accepted via Cash Deposit and Cheque Deposit for South African clients (cash & cheques payments will include a transaction fee depending on the amount paid.) Payments are due at the end of each month. We do not offer cashback on any payments. Failure to pay invoices will result in services being suspended. We will send out a payment reminder 7 days after due date, and if payment is not received within 48 hours thereafter, your account will be suspended. If payment is not received within 30 days after suspension, your account will be terminated.

Provision of Services

Domenetworx will provide Client with the Services ordered that are described in the Hosting Package Features located on www.domenetworx.com. Client understands and agrees that Domenetworx will host and create the Web site solely in accordance with the information provided by Client.

Rights to the Web Site and Content

With the exception of any Third-Party Materials and Background Technology as set forth in Section 4, Client owns the Client Content. “Client Content” means all content or information (including, without limitation, any text, music, sound, photographs, video, graphics, data, or software), in any medium, provided by Client to Domenetworx. “Third-Party Materials” means any content, software, or other computer programming material that is owned by an entity other than Domenetworx, and licensed by Domenetworx or generally available to the public, including Client, under published licensing terms, and that Domenetworx will use to display or run a Web site. Domenetworx owns the rights to the design of the web site. If a Client stops paying the monthly fee for the web site upon cancellation the Client is not entitled to use the web site for any purposes whatsoever.

Limited License to the Background Technology

“Background Technology” means computer programming/formatting code or operating instructions developed by or for Domenetworx and used to host or operate the Web site or a Web server in connection with a Web site. Background Technology includes, but is not limited to, any files necessary to make forms, buttons, checkboxes, and similar functions and underlying technology or components, such as style sheets, animation templates, interface programs that link multimedia and other programs, customized graphics manipulation engines, and menu utilities, whether in database form or dynamically driven. Background Technology does not include any Client Content. Client may not duplicate or distribute any Background Technology to any third party without the prior written consent of Domenetworx. All rights to the Background Technology not expressly granted to Client hereunder are retained by Domenetworx. Without limiting the foregoing, Client agrees not to reverse-engineer, reverse-assemble, decompile, or otherwise attempt to derive any source code of the Background Technology, except as allowed by law.

Limited License to Content

Client hereby grants to Domenetworx the limited, nonexclusive right and license to copy, distribute, transmit, display, perform, create derivative works from, modify, and otherwise use and exploit Web site, any Client Content, or any Client Marks provided to Domenetworx hereunder, solely for the purpose of rendering Domenetworx’ Services under this Agreement. Such limited right and license shall extend to no other materials or for any other purpose and will terminate automatically upon termination of this Agreement for any reason.

Content Standards

Client agrees not to provide Client Content, and Domenetworx will not intentionally provide to Client any content, that (a) infringes on any third party’s intellectual property or publicity/privacy rights; (b) violates any applicable law or regulation; (c) is defamatory, violent, clearly harmful, or obscene or pornographic or infringes on citizens’ rights; or (d) contains any viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that are intended to damage or interfere with any system, data, or personal information. If the Client is international, then Client agrees to comply with all applicable local and national laws. Domenetworx reserves the right to refuse any other subject matter it deems inappropriate.

Support

Domenetworx agrees to provide reasonable technical support by email to Client during Domenetworx’s normal technical support hours. Domenetworx will provide Client support by telephone if Client phones during office hours as indicated on the contact page on the Domenetworx website.

Term and Termination

  • (a) This Agreement is effective as of the Effective Date and shall continue unless terminated;
  • (b) Domenetworx may terminate this Agreement after five (5) days’ written notice to Client if Client materially breaches this Agreement, including, without limitation, failure to pay, and fails to cure such breach during such five (5) day period; and
  • (c) upon the termination of this Agreement, Client will pay Domenetworx for all Services provided to Client by Domenetworx prior to termination. Sections 2, 3, 4, 5, 9, 11, and 12 will survive termination of this Agreement.

Warranty Disclaimer

Except as expressly provided in this Agreement, the Services are provided “as is,” and Domenetworx expressly disclaims all warranties and conditions of any kind, express, implied, or statutory, including, without limitation, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. Interruption of Service: You hereby acknowledge and agree that Domenetworx will not be liable for any temporary delay, outages or interruptions of the Services. Each party acknowledges that it has not entered into this Agreement in reliance upon any warranty or representation except those specifically set forth herein. Unless an approval process is specified herein or in a Statement, all Hosting provided by Domenetworx to a Client will be deemed accepted when delivered.

Indemnity

  • (a) Client Indemnity. Client will defend Domenetworx against any third-party claim, action, suit, or proceeding alleging any breach of the covenants contained in Section . Subject to Section 11, Client shall indemnify Domenetworx for all losses, damages, liabilities, and all reasonable expenses and costs incurred by Domenetworx as a result of any such third-party claim, action, suit, or proceeding.
  • (b) Domenetworx’ Indemnity. Domenetworx will defend Client against any third-party claim, action, suit, or proceeding alleging any breach of the covenants contained in Section 6. Subject to Section 11, Domenetworx shall indemnify Client  for all losses, damages, liabilities, and all reasonable expenses and costs incurred by Client as a result of any such third party claim, action, suit, or proceeding.
  • (c) Mechanics of Indemnity. The indemnifying party’s obligations are conditioned upon the indemnified party: (i) giving the indemnifying party prompt, written notice of any claim, action, suit, or proceeding for which the indemnified party is seeking indemnity; (ii) granting control of the defense and settlement to the indemnifying party; and (iii) reasonably cooperating with the indemnifying party at the indemnifying party’s expense.

Limitation of Liability

Domenetworx’s liability hereunder shall not exceed the amount paid by Client to Domenetworx during the three (3) month period before the action arose. Domenetworx shall not be liable for

  • (a) any loss of use, loss of data, or interruption of business or
  • (b) any indirect, special, incidental, consequential, or punitive damages of any kind (including, without limitation, lost profits), regardless of the form or action, whether in contract, tort (including negligence), strict liability, or otherwise, even if Domenetworx has been advised of the possibility of such damages. Client acknowledges that these limitations are an essential element of this agreement, and absent such limitations, Domenetworx would not enter into this agreement.

Viruses, Hacking and Other Offences

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Information About You and Your Visits To Our Site

We process information about you in accordance with our privacy policy https://www.domenetworx.com/privacy-statement.  By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Our Site Changes Regularly

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

Accessing Our Site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.

Fair Use Policy

It is important to Domenetworx (Pty)Ltd that all eligible clients are able to access our services. For this reason, and to ensure the provision of a quality service, a Fair Use Policy applies to our services.

Please ensure you have read and understood our Fair Use Policy, which is important part of our Monthly Payment Terms and Conditions and Other Payments Terms and Conditions.

  • All of the Services are subject to the Fair Use Policy.
  • Your use of the Services must be fair, reasonable and not excessive, as reasonably determined by us by reference to average and/or estimated typical Client usage of the Services. We will consider your usage to be excessive and unreasonable where it materially exceeds the average and/or estimated use patterns over any day, week or month (or other period of time as determined by us) (Excessive Usage).
  • Where we offer any included Services under a Plan or other Service (such as monthly backup, webmaster, system crashes, general and technical assistance), such use is offered for your individual or business use and benefit only. In no case we will be held liable for any damages that may happen to you or your business and considered an unfair way and any such use of the Services by you is a breach of this Agreement.
  • If in our reasonable opinion we consider your usage to be unfair, unreasonable and/or Excessive Usage we may contact you and advise that your use is in breach of our Fair Use Policy and request that you change your use of the Services to bring it within our Fair Use Policy.
  • We may charge you at our discretion for Excessive Usage, which if we do so will be at our standard rates.
  • If you fail to change your use of the Services having been requested to do so by us we may, without further notice, suspend, modify or restrict your use of the Services or withdraw in full or part your access to the Services.