INTRODUCTION : "REWEB is a Hosting company and we want our clients to get the best hosting so that they can operate professionally and get their products marketed. We are not a support company and all website related questions must be emailed to websites@reweb.co.za. These are our contractual terms & conditions when signing a hosting contract with us."
These Terms & Conditions govern your Hosting Contract with us, please click on the info button to the left of the paragraph, to gain a simple understanding of what you will be signing when you sign with us, please note the shortened description is purely to guide you in understading what our contractual terms and conditions mean.
You will need to sign a physical contract with us, if, however you are not in the location we are in, you are more than welcome to request an email copy of our contract, which you will then need to sign and post to us.
Please note that the once off amounts we will quote you, and which will be filled in on the contract, you have to pay immediately either via EFT, Cash, Wire, Cash Cheque or Direct Bank Deposit.
CONTRACT DURATION "AGREEMENT" shall mean this Services Agreement (this contract) when executed by the "Client" and upon its acceptance by The RE Group of Online Companies (hereinafter referred to as REWEB). This Agreement is an order that remains in effect for 60 (sixty) months from date of signing.
CONTRACT RENEWAL This contract will be automatically renewed on its anniversary and one months notice before the end of the five year period will result in the contract being discontinued, if one months notice is not received before the five year term, the contract will renew for continuously until a new agreement is signed.
DEBIT ORDERS Debit orders will be monthly in arrears with payment due on the 25th of each month. In the event of cancellation, final billing will take place within sixty (60) days of "confirmation of cancellation" date. Credit approval (ITC check) and a debit order instruction and an advance payment will be required to open an account before any work progresses. Accounts not paid within fifteen (15) days on the date of invoice shall be deemed to be in arrears and the client by signing the contract authorises REWEB to debit the amounts outstanding in full via debit order. REWEB reserves the right to charge an amount of R75.00 excluding VAT per month for the reversal or non payment of a debit order and subsequently debit this with the amounts outstanding in the month after the debit failed. REWEB reserves the right to automatically suspend the Service to the account without prior notice. The Client shall be liable for all costs of collection incurred by REWEB, including without limitation collection agency fees and reasonable Legal fees, as well as court costs. Accounts will only be reinstated once proof of payment of the overdue account has been supplied to REWEB. If a client's account is ninety (90) days in arrears, the website will be blocked and all email services blocked and the domain will be redirected to reweb.co.za. The website and any other work assigned under this Agreement will not be provided or reactivated until the full remaining contract and any other outstanding amounts or costs related thereto are paid in full.
SERVICES The client acknowledges that the monthly fees will be charged on a debit order basis only or annual cash payments upfront and is aware of the current charges. REWEB reserves the right to change the Service (including features) and will provide the client with 30 days written notice of such changes. In addition, REWEB reserves the right to change any and all rates and other prices or other terms and conditions of this Agreement with respect to the Service at any time and all such changes shall be effective immediately when published by REWEB; however, REWEB will use its best efforts to provide notice to Client in advance or, concurrent with the effective date of such changes. Notice may be given in writing or by publication on the REWEB Website. Should the client wish to cancel the contract, the amount of the full duration of the rest of the unpaid contract becomes payable.
These services are subject to the Terms and Conditions stated herein and subject further to all other terms, conditions and restrictions which REWEB shall publish from time to time respecting the Service. If the Client's organisation changes its organisational trade name, an authorised officer of the Client must notify REWEB thereof in writing as soon as possible following the change, whereupon REWEB will thereafter modify its Client's records to reflect the new trade name.
HOSTING & EMAIL Acceptance of this Agreement by REWEB shall entitle the Client to visible Hosting on the REWEB servers (hereinafter, all such services being referred to as the "Service"), (Your Web Site or web page(s) are hosted, or stored, on a computer an http server by REWEB that is permanently connected to the Internet so that it can be seen by anyone connected to the Internet at any time any where in the world. For this you pay a monthly Hosting fee. We will supply you with 2 email addresses for free and R25.00 per mail box thereafter. The extra R25.00 per email box is only for traffic and we do and can not take any responsibility for speed or down time of email. Please feel free to use mail boxes provided by your Internet provider.)
REWEB is not responsible for spam, or is in anyway bound to the protection of spam, viruses and any other form of malware retrieved from our server via email, web or ftp. We cannot guarantee email spam being blocked, or certain emails being blocked that is not spam, on our server. We have implemented a spam/virus filter and this is purely as a preventative measure and not guaranteed to remove all viruses, malware and spam.
Hosting remains at the fixed price on the front of the contract, for the duration of the contract period, however, limits are set, according to the advertised rates and sizes as to the traffic, emails and physical disk space used by the website and these charges will be debited alongside the monthly fees. 250Mb email and web traffic per website, per month is allowed, you will be charged for any extra traffic above your agreed amount of traffic.
DOMAINS The REWEB does not guarantee new domain name reservations, it is also your responsibility to notify your current ISP to accept any transfer requests for your domain name over to our servers, once a transfer ticket has been accepted, it can take up to 48 hours for the said domain name to become active on our servers, before your site will be visible on the internet, from our servers.
REWEB will remain the owner of the domain until the full duration of the contract is paid, no domain dispute resolutions will be handled and no negotiations will be entered into regarding this matter and the client fully understands that in no way may any manual transfers be attempted as the domain name is a guarantee for payment of services.Your domain name is renewable annually and your domain renewal will occur during November of each year, whereupon your account will be debited the annual domain renewal fee. Once a client requests a domain name to be registered by REWEB, the client is automatically bound to these terms & conditions.
WEBSITES & APPLICATIONS The Application code (The applications in use on the website(s) are REWEBS intellectual property and are "rented" out to the client for the duration of the contract, all self managed systems and applications are not the property of the user thereof and remain the intellectual property of REWEB and its owners and subsidiaries. At the termination of the contract the client will be provided with copies of his website, with no system attached to it, in pure HTML format. Failing to apply with the above is in form plagiarism, copyright infringement and also patent fraud).
Notwithstanding any of the foregoing, REWEB reserves the right to suspend or refuse the provision of the Service for any reason whatsoever, with or without cause, and without prior notice. In the event of the Client cancelling the agreement after the sixty (60) months period, the domain will be transferred to the required ISP, however, no application code will be transferred and the client will receive copies of his design and content.
A Website Design is like your Company's profile on the internet. We normally sub contract a website designer for you and subsidise your website where we can. You are welcome to use your own web design company. When web development takes place, you are provided with a website "program" which will enable you to do various things on your website. REWEB is a hosting company and the website design and development is managed by sub contracting companies who are solely responsible for the website design or development, REWEB only manages the hosting part of your agreement.The client will receive his completed design, website or application via a link, whereupon the client must execute the change orders for these designs, within seven (7) business days after the date that the site has been posted. Thereafter the subcontractor of REWEB holds no responsibility for the changes/work and any changes/work thereafter will be charged for at R450.00 excluding VAT per hour. This clause is not binding upon REWEB or its subcontractors if you source your own designer or developer.
SEARCH ENGINE OPTIMIZATION As an added service your website URL is sent to be listed on all major search engines, by us, we can however not guarantee placement and or actual listing within the search engine, this is entirely out of our control, should any questions be required please visit the relevant search engine website for listing requirements by them, there is an article on our website under “Search Engines”. You are required to read this.Your websites are automatically optimized on all major search engines and the results thereof are not guaranteed and no waivers in any form of these guarantees are binding on this agreement.
PROOF OF ACCOUNT PAYMENTS It is the clients responsibility to provide us with proof of payment faxed to 086 609 2088 or scanned and emailed to accounts@reweb.co.za, for any invoices presented to them, we will charge a fee to search records and accounts for any payments if we are not aware of the said payment.
UPTIME REWEB shall endeavour to ensure the availability of the website, within the constraints of the network provider, who has undertaken to provide us (REWEB) with 99.9% network availability. REWEB shall not be liable or deemed to be in default for any delays or failure in performance or interruption of the Service resulting directly or indirectly from any cause or circumstance beyond their reasonable control.
REWEB shall use its best endeavours to ensure that all of its systems are Year 2000 Compliant. In the event that for any unforeseen reason, interruption of a date related nature is experienced, all systems shall be reinstated within 48 hours of such interruption.
SUPPORT We only do support on Hosting by E Mail to hosting@reweb.co.za or fax to 086 602 5443. We do not take any telephone calls related to support. If in the highly unlikely situation your ISP states that our server is off, you may SMS the following number: 074 576 5130.
Please direct your support queries to your IT Company, we are your hosting company. All other related queries such as website design, development, email, network, hardware and any other queries are not our responsibility or are we (REWEB) bound under this agreement to support such issues.
If however you unnecessarily do contact us telephonically for support we reserve the right to charge you a standard rate of R450.00 per hour excluding VAT.
CLIENT DECLARATION This Agreement is not assignable or transferable by the Client and any attempted assignment or transfer shall be null and void and of no force or effect. REWEB may assign this Agreement and/or payments due hereunder without requiring Client's permission or approval.
Notwithstanding the terms above, credit approval (including the Client's demonstration to REWEBS satisfaction that the Client is able to pay all amounts invoiced under this Agreement) and/or an advance payment may be required to establish any account whether individual or otherwise.
The Client represents and warrants to REWEB that there exists at the commencement of this Agreement and for all periods there under no legal reason that REWEB should deny the Services to the Client, that the Client is of legal majority age (i.e., 21 years of age) and that the Client's use of the Services is not for any illegal or injurious purpose or purposes.
The Client represents and warrants to REWEB that the Client will not use the Services to publish, post, distribute, receive or disseminate defamatory, infringing, obscene or other unlawful material or to threaten, harass, stalk, abuse or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others or to intercept or to attempt to intercept the communications of others using the Services or to delete materials of REWEB or of others using the Services or to corrupt or interfere with the Services in any respect whatsoever or to falsify the origin of the Client's communications.
The Client indemnifies and holds REWEB, its officers, employees and its suppliers harmless from and against any loss, claims, demands, expenses (including legal fees), or liability of whatever nature or kind (including without limitation, negligence), of the Client or of third parties arising out of the use of the Service provided hereunder. For purposes of this provision, REWEB shall include parent, subsidiary and affiliate companies.
I hereby declare that I am duly authorised to act on behalf of the client. I acknowledge that the contract is fully completed before I sign/or has been completed to my satisfaction if not fully completed before I signed same. I have read, understood and bind the client to the terms and conditions on both sides thereof. Failure to sign the Website off will not alter payment terms. The contract commences on signature. Client payment and other obligations in terms of this contract commences immediately on signature. The client shall not be entitled to defer or withhold any payment due in terms of the agreement by any reason of set off or counterclaim. The client authorises REWEB to draw against its bank account, wherever it may be, the amount due in terms of this agreement, or any other amount. The client by signing the agreement authorises REWEB to this effect.
The signing of the contract constitutes an order and the signing thereof shall be deemed to constitute acceptance of the terms and conditions contained herein, which terms and conditions shall take precedence over and supersede any other written or oral agreement concluded between the client and REWEB or its agents or representatives.
The person signing the contract on behalf of the client (THE SURETY) does hereby bind himself/herself jointly and severally with the client as surety and co-principal debtor, in favour of REWEB for the due fulfilment of any and all obligations of the client to REWEB arising out of any order/work placed by the client. The client declares to understand and accept the terms and condition hereof.
CONTRACT JURISDICTION This Agreement shall be construed and interpreted solely in accordance with the laws of the Republic of South Africa. Should any term and condition hereof be declared illegal or otherwise unenforceable, it shall be severed from the remainder of this Agreement without affecting the legality or enforceability of the remaining portions. REWEB remedies as set forth herein are not exclusive and are in addition to any and all other remedies available at law, none of which shall be deemed as waived by virtue of REWEB exercise of any other remedy.
The Client agrees to indemnities and holds REWEB (including reasonable legal fees and costs of litigation) against and hold REWEB harmless from any and all claims, losses, damages (direct or consequential) and expenses resulting from Client's use, in breach of any of the terms of this Agreement, regardless of the form of action. If any provision or any part thereof is held by a court of competent jurisdiction, after appeals there from have been exhausted, to be unenforceable, invalid or illegal, then it will be severable or deemed to be limited in respect of such territory and time to the extent necessary to render such provision enforceable, valid or legal and the remaining provisions will remain valid and binding. Any notice or other documents required or permitted to be given under this Agreement will be in writing and may be given by email or by registered mail to the proper party at the addresses stated above, or to such addresses as any party may specify to notice. Such notices must be confirmed telephonically, the receipt thereof. This agreement may be executed in several counterparts, each of which will be deemed to be an original and all of which will together constitute one and the same instrument. Delivery of an executed copy of this Agreement by any electronic communication including email will be deemed to be an execution and delivery of this Agreement on the date of such communication by the party so delivering such copy.
This Agreement, including Price Lists and revisions thereto, constitutes the entire agreement between the parties as to the basic subject matter thereof and REWEB retains the right to alter and amend to these terms and conditions. No alterations or changes may be made on the said contract (Terms & Conditions) even if said parties have altered it and signed on the document it will not be binding as the REWEB retains the right to amend or add onto these agreements (Terms & Conditions) and an updated copy of these Terms & Conditions can be downloaded from our website at http://www.reweb.co.za/terms.asp or clicking the link to our terms on all our email signatures.
REWEB withholds the right to cancel any contract immediately, when the client is in breach of any terms or poses any damage to REWEB and its systems, whereupon the full contract becomes payable and the client liable for any legal damages thereto.Copyright (C) 2006-2012 The RE Group of Online Companies. All Rights Reserved
"AGREEMENT" shall mean this Services Agreement (this contract) when executed by the "Client" and upon its acceptance by The RE Group of Online Companies (hereinafter referred to as REWEB). This Agreement is an order that remains in effect for 60 (sixty) months from date of signing.