Terms and Conditions

Introduction

These terms and conditions govern the use of the Databias domain registration and hosting services. By contracting with Databias for the services you will be lawfully regarded as having agreed to your use of the services specified being governed by this Agreement. The customer or the customer's 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 customer's behalf.

Domain Registration

Databias registers domains on the Internet through the relevant governing bodies and hosts websites and related material on the Databias server(s) on behalf of customers. These terms and conditions apply to the use and registration of domain names and the web hosting services offered by Databias. Initial Set-up fees are non-refundable. Domain Name Registration fees constitute a once-off payment subject to certain renewal charges.

Cancellation

A cancellation request in respect of any Domain Registration or Web Hosting must be sent to info@databias.co.za one calendar month (30 days) before the date of ceasing the service. Databias reserves its rights to change its prices at any time on reasonable notice. Databias reserves the right to stop offering certain web hosting package types if it deems it necessary. Databias will then either provide the web hosting service for the remainder of the time that has been paid for or refund the amount paid for that specific package.

Payment and Payment terms

The amounts owing for the initial month will be pro-rated from the date of signature to the end of the initial month and shall be added to the first debit at the end of the subsequent month. Customers shall ensure that there are sufficient funds in the account, details of which have been supplied to Databias to cover such amount. In the event that a debit order amount is recalled due to incorrect information supplied by customer or due to insufficient funds in the customer's bank account the hosting of the website will be immediately suspended. In the case of a website being suspended due to non-payment a reconnection fee of R150.00 will be payable before the website is unsuspended. In the case of an annual or biannual web hosting account being terminated by the client before their prepaid hosting term ends there will be a calendar month notice period and a R100 administration fee charged. Databias may record the existence of the customer's account with a Credit Bureau. Databias may record and transmit details of how the customer has performed to a Credit Bureau, and how the account is conducted by the customer in meeting their obligations on the account.

Liability for registration and use of domain names

Databias has not and does not conduct pre-registration searches in respect of the customer's use and registration of its selected Domain Name/s and is therefore not obliged to either advise the Domain Name customer/customer about possible conflicting third party rights or to take steps to ensure against possible disputes concerning a third party's intellectual property or other rights. The use or registration of the Domain Name by customer does not interfere with nor infringe the rights of any third party in any jurisdiction with respect to trademark, service mark, tradename, company name, close corporation name,copyright nor any other intellectual property right, and that customer has the right to use the Domain Name as requested. Databias cannot act as an arbiter of disputes arising out of the registration and use of Domain Names. At the same time, customer acknowledges that Databias may be presented with evidence that a Domain Name registered by customer violates the rights of a third party. In such instance Databias shall be allowed to provide a complainant with customer's name and address and all further communication will exclude Databias and Databias will have no further obligations to the customer. In such instance customer shall be entitled to continue using the Domain Name registered for customer by Databias until a court or other body with jurisdiction directs otherwise.

Hosting services

Databias does NOT provide SMTP mail services by default with any hosting packages. These are available on request at an additional charge. Databias reserves the right to suggest suitable alternatives to the customer and / or charge for excessive traffic as it deems necessary at its sole discretion. Databias reserves the right to suggest suitable alternatives to the customer for excessive Web Server Processor usage as it deems necessary at its sole discretion. Databias reserves the right to move a website between web servers and internet backbones, both within South Africa and internationally as it deems necessary. If a customer moves in excess of 2 GB traffic monthly then the customer will be contacted and various options will be presented. Databias reserves the right (but does not assume any obligation) to inspect the contents of data that the customer transmits, receives or stores on a Databias Server to ensure compliance with this Agreement or any applicable laws regulations or codes of practice.

Disclaimers, Limitations and Indemnities

Databias will not be liable for any loss or damage, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, delict, or otherwise which may be suffered as a result of or which may be attributable, directly or indirectly, to the use and/or registration of the Customer's selected domain names/s OR ANY ACTION TAKEN BY DATABIAS IN RESPONSE TO THE ABUSE OF THE DOMAIN REGISTRATION SERVICES WHICH IT OFFERS. The Customer hereby indemnifies and holds harmless Databias against any loss whatsoever arising from any dispute or claim or other action occasioned by the Customer's use and registration of its selected Domain Name, even if Databias has been advised of the possibility of such damages; Databias will not be liable for any indirect or consequential loss, damage, cost or expense of any kind, irrespective of how such damage or loss was caused, whether arising under contract, delict or otherwise, including, and not limited to, data loss or corruption, loss of profits, contracts, operation time and goodwill. Neither Databias, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that Databias' 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 Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Databias Server service, unless otherwise expressly stated in this Agreement. Databias 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. Databias specifically denies any responsibilities for any damages arising as a consequence of such unavailability. Databias is not responsible if an external company network and firewall is setup to block access to services Databias provides. If a client's network is setup to block certain ports or web addresses that compromise the services Databias provides it is the client's responsibility to ensure that their network configurations are changed as necessary.

Use at customer's risk

Databias will exercise no control whatsoever over the content of the material hosted on, or the information passing through the Databias network and in no way moderates such content. Customer expressly agrees that use of Databias's Server(s) and Services are at customer's sole risk. Databias is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on the Databias web servers, including e-mail, databases and site content.

Illegal content and copyright infringement

Databias prohibits the use of it's infrastructure for storing or transmitting of illegal content (ie. pornography) and copyrighted materials. Databias reserves the right to terminate all client services should it deem that this requirement has been infringed upon by the customer.

Limitation on mail size

Inpidual mail sent to the customer's POP3/IMAP box or forwarded to the customer's existing email address may be limited to 25 megabytes in size each.

Spam and unsolicited email

Databias does not send or promote the sending of unsolicited email (spam). Databias reserves the right to terminate all client services should it deem that the client utilised Databias infrastructure for the dissemination of such email.

Refusal of services based on network, domain and/or equipment identifiers

Databias reserves the right to refuse domain and hosting services based on network, domain and/or equipment identifiers.

Take-down notices

Databias hereby appoints the ISPA (Internet Service Providers Association of South Africa) as it's offical agent for the purpose of receiving take-down notices. The relevant details for the ISPA are as follows:

Internet Service Providers' Association (ISPA)

Address: PO Box 518, Noordwyk, 1687

Telephone: 010 500 1200

Email: complaints@ispa.org.za

Termination

Should customer breach of any of the terms and conditions contained herein, including but not specifically limited to the payment terms, Databias has the right (solely at Databias' discretion) to immediately demand payment of the full amount owing and demand compliance forthwith with all the terms and conditions, alternatively to terminate the agreement and services forthwith, in either instance without in any way derogating from any common law, contractual and or delictual rights which Databias may have. Databias reserves the right to suspend or terminate the service of any customer that does not comply with the terms and conditions, Acceptable Use Policy, Acceptable Hosting Policy or any other contractual obligations.

General Provisions

Customer confirms that all statements made in this application are true and correct. Databias reserves the right to request proof thereof. Any disputes arising in relation to this application or the supporting documents shall be governed by the applicable laws of the Republic of South Africa. Any form of abuse of Databias staff will result in suspension or termination of your services, irrespective of the form and medium of this abuse. In the event that any of the terms of this document are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable. Databias reserves the right to remove any content hosted by that member which it considers illegal or for which it has received a take-down notice.

Domain Registrar terms and conditions

In addition to the above the following terms and conditions are applied by the relevant domain registrars for the following domains:

  • .CO.ZA domains Terms and Conditions
  • All .UK domains Terms and Conditions
  • .US.COM, .EU.COM, .BR.COM, .CN.COM, .DE.COM, .HU.COM, .NO.COM, .QC.COM, .RU.COM, .SA.COM, .SE.COM, .SE.NET, .UK.COM, .UK.NET, .UY.COM & .ZA.COM domains Terms and Conditions

Please email info@databias.co.za if you have any questions regarding the above.