Terms and Conditions

Between: DiaMatrix ("The Provider") And (The "User")
This agreement is between DiaMatrix shall hereafter be referred to as ("The Provider"), and the authorized person/ company/ entity mentioned above. The Duly Authorized Person/ Company/entity/signatory mentioned above shall hereafter be referred to as the "User". By using "The Provider’s" website, hosting, design, list management & SMS facilities, you agree to the following terms and conditions.
The Terms & Conditions listed below are intended as guidelines and are not meant to be definitive. Conduct that violates South African Law, regulatory conditions and / or the accepted netiquette on internet is expressly prohibited.

ACCOUNT INFORMATION:

Subject to the provisions hereof, the account will be opened upon receipt of an initial acceptance contract or completed order form from our websites.
This acceptance of the agreement shall remain enforce for each successive chargeable monthly / quarterly / bi-annually / yearly period continuing thereafter at the then applicable rates or fees, unless written notice of cancellation is received from "User" giving 1 calendar months notice for services offered.
This amount is non-refundable for all services supplied by "The Provider", other than the Hosting Service - refer point
- A refund is only applicable should services be cancelled within our "Money Back Guarantee" period. The refund is only applicable to certain of "The Provider's" services and NOT Domain Registration services.
The agreement for services rendered shall continue indefinitely and shall be terminable on the expiry of the said written notice (refer point 1.2.)
Should the "User" enter into a specified fixed contract for specific web development services rendered then this agreement shall terminate after said period and regular hosting package pricing structure shall continue thereafter;
Fees for monthly / quarterly / bi-annually / yearly period of services rendered are payable prior to the beginning of each period (monthly / quarterly / bi-annually / yearly period).
The "User" hereby agrees to pay any and all legal fees, and related expenses incurred by "The Provider" in the collection of any outstanding amount due it;
Any account whose payment status is not current by the 7th of each calendar month is deemed late;
Generally, customers are given a 7-day grace period (Until the 14th of each month) after which the "User’s" account may be suspended automatically by the billing system.
If the amount due for services charged is declined or dishonoured, "The Provider" has the right to immediately suspend / cancel the "User’s" application and close the account without notice;
Re-activation of suspended accounts incurs a reactivation fee of R50.00 Ex Vat;
Subscription payments may be made by either of the following methods: Credit Card (Instant Activation), Debit Order (Only once we have this information will your account go live), Direct Transfer (Once proof of payment is received will your account go live). Only Credit Card or the receipt of a signed Debit Instruction will allow services to be made live. Payments via Electronic transfer or Cheque will only be made live once payment is cleared.
"The Provider" reserves the right to adjust service charges at their sole discretion;
In the event of a dispute between "The Provider" and "The User", "The User" is obliged to continue paying the charges as they become due and payable in terms of this Agreement. "The User" may not withhold payment for any reason.
Existing subscribers will receive 30 days written notice relating to price adjustments for any such services offered;
"The Provider" reserves the right to provide services to any client, should "The Provider" not wish for any reason to provide said services, "The Provider" may ask the client to move said services to another provider immediately.
All transactions processed in South African Rands (ZAR).
Payments via cash or cheque: Payments using these methods are only accepted for bi-annually and annually services.
Should "The User" choose to use cash or cheque payments, only once amounts have been faxed through to "The Provider" and the said amounts cleared by the bank will services be activated. "The Provider" is not responsible for domains been lost during the period between the registration and payment of account.
Should "the User" cancel services within the period paid, 1 calender months notice is required for cancellation.
Ownership of goods or services provided by "The Provider" will only transfer to "The User" once full payment has been made.
Costs incurred by "The Provider" that are either directly or indirectly related to services used by "The User" shall not be refunded. (Eg: Domain Registrations, Modems etc)
Should "The Users" account be suspended for non-payment, "The Provider" reserves the right to place a non payment page on "The Users" domain.
"The User" agrees that the domain / DNS details shall not be changed / modified or moved away from "The Provider" until full payment is made to "The Provider"
If "The Users" account has not been paid in full, the account and all information will be handed over to an external collection agency. Any fees / expenses incurred in the collection of these funds will be for the expense of "The User"
"The User" warrants that any and all information (Eg: Banking Details / Credit Card details / Contact people) supplied to "The Provider" is correct and that "The User" has the right use said information. Should "The User" use information illegally, "The Provider" has the right to take appropriate action against "The User"

USAGE:

The "User" agrees not to use any server side program that requires an unusual amount of resources.
If and when the "User’s" website processing usage exceeds what is considered usual, "The Provider" shall submit a new pricing structure to the "User" that may be deemed appropriate for such usage by "The Provider".
If the "User" declines the said structure, then "The Provider" may limit or cancel "User's" account at "The Provider's" discretion.
"The Provider" shall be the sole arbiter of what constitutes unusual amount of server usage.
Violation may result in termination of access to "The Provider's" services.
Websites designed to distribute software and/or multimedia files are subject to special pricing;
CGI usage limits are in place to protect other "Users" that may be using the same servers as "The User", commonly known as "Shared Hosting". Any "User" that uses abnormal amounts of resources may be throttled or limited by "The Provider" at "The Providers" discretion.
"The Provider" reserves the right to move "The Users" domain to a different server / infrastructure should "The Provider" deem this necessary.
"The Provider" reserves the right not to provide services to any "User" that provides any type of gaming, sex, chat, illegal services or online service that may abuse bandwidth / server resources or may infringe on the quality or service provided to other "Users" on the same infrastructure.
The following have been limited by "The Provider" Crons, CGI Scripts etc
"The User" will not run a mail server or send out bulk mailings using scripts within there account;
"The Provider" has limited the size of mail boxes dependant on the type of account "The User" has subscribed to;
Should another person within the company or entity of "The User" require login or password and is not known by "The Provider", "The Provider" can request authorization from "The User" who has setup the account before giving out such information. Only when such notification is received in writing will said passwords etc be given out;
It is "The Users" sole responsibility who they give out the user name and passwords to. Should "The User" believe such information has been compromised, it is "The Users" duty to change said information from within their control panel and notify "The Provider" immediately.

DISCLAIMER

The "User" agrees to use all "The Provider's" services at the "User's" own risk.
"The Provider" specifically disclaims all warranties of merchantability and fitness for a particular purpose of quality accuracy & privacy.
The services, products and information you obtain on or find, through or in conjunction with, the website are provided "voetstoets (as is)", without warranty of any kind, either express or implied.
Use of any information obtained via "The Provider's" Facilities / Services is at your own risk. "The Provider" specifically denies any responsibility for the accuracy or quality of information obtained through its services;
In no event shall "The Provider" be liable for any loss, or loss of data, or any other damages;
"The User" shall hold "The Provider" harmless against any claims that "The User" may have against "The Provider" for any services that "The Provider" may provide.
Should "The User" have any domain related issues for services that "The Provider" provides to another "User", "The Provider" will abide by the decisions made by the South African court of Law

USE OF SERVICES:

The "User" agrees to protect and indemnify "The Provider" against any and all liability, loss, or expenses arising from claims of libel, unfair competition, unfair trademarks, trade names or patents, violations of rights and privacy and infringement of copyrights and property resulting from "The Provider's" or any "User’s" use of "The Providers" services;
The "User" is prohibited from allowing any other party access to any services through the subscriber's unique internet address, "User Name" and / or "Password".
The subscriber may not at any time use the service in contravention of any South African law & consents to the jurisdiction of the High Court of South Africa sitting in Pretoria;
The use of the email system by the "User" to send unsolicited email is not permitted;
All complaints shall be investigated & "User’s" abusing these services shall have their contracts suspended or terminated immediately.
The "User" specifically agrees not to use "The Provider's" services in any manner that is illegal, libellous, or against any "The Provider's" policies;
"The Provider" will not be responsible for any damage the "User" may suffer. This includes loss of data resulting from delays, non-deliveries, or service interruptions caused by its own negligence or your errors or omissions;
"The Provider" does not permit adult material of any form (including but not limited to images, text, sound, video, etc) to be published through this site.
The "User" is NOT permitted to distribute material promoting hatred against individuals or groups or any content, which may be deemed to be illegal or offensive according to the laws of South Africa.
"The Provider" reserves the right to decline requests for services or to cancel any account at our discretion.
Use of any information obtained via "The Provider's" services is at your own risk. "The Provider" specifically denies any responsibility for the accuracy or quality of information obtained through its services;
The "User" agrees not to post or transmit any file that contains a virus, worm, "Trojan Horse" or any other destructive feature, regardless of whether damage is intended or unintended by the "User";
"The Provider's" servers / services may be used for lawful purposes only.
Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots.
The subscribed "User" to "The Provider's" services agrees to indemnify and hold harmless "The Provider" from any claims resulting from the use of the service that damages the subscriber or any other party.
"The Provider" will be the sole arbiter as to what constitutes a violation of this provision.
Pornography is not allowed at "The Provider" and any material of this nature will cause the account to be shut immediately without financial refund;
Should any dispute between the "User" and a 3rd party result over a domain name, website, website content or anything else related to the "User", "The Provider" shall either at its own discretion or that of an Court Order, suspend, remove or cancel the "User’s" services and or account.

TECHNICAL SUPPORT & USAGE

"The Provider" does not provide technical support for website design, html, cgi or any other scripting that may have been developed by the "User" or 3rd party etc.
It is the "User's" responsibility to know at least the basics of web development (of whatever nature) and how FTP and/or publishing functions.
You may not compile or install binary files other than the ones provided on the system.
"The Provider" does not make C compilers available for our web clients, and the PERL binaries provided will *not* have networking support (for example, socket.ph, ftp.pl, etc.)
Should there be any program which the "User" would like added to the available system binaries or scripts please contact "The Provider" for approval;
Violations of "The Provider's" system or network security are strictly prohibited, and may result in criminal and civil liability. Examples include, but are not limited to, the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with services to any "User", host or network including, without limitation, mail bombarding, flooding of email or any spam mail, deliberate attempts to overload a system and broadcast attacks;
"The Provider" does not allow the sharing of cgi-scripting with domains not hosted by us. Any cgi-scripts deemed to be adversely affecting the server performance or the network integrity will be shut down without prior notice;
"The Provider" will not allow any "User" to undermine or cause any damage in any format what-so-ever to another customer of "The Provider's" services, this is strictly prohibited.
Any sub-networks of "The Provider" and dedicated servers must adhere to the above policies.
The failure to meet or follow any of the above guidelines are grounds for account cancellation.
"The Provider" reserves the right to remove any account without prior notice;
"The Provider" will not be held liable for any content that a "User" using "The Providers" services displays on "The Users" website etc
Should "The User" rent / buy an IP address from "The Provider" this IP address remains the sole property of "The Provider".
Should "The User" cancel its services with "The Provider" the IP address will automatically return back to "The Provider" and "The User" shall have no rights or entitlement to the IP address thereafter.

DOMAIN REGISTRATION & PARKING

Ownership of the domain is "The Users" after full payment has been received;
Payments for a domain name registration are non-refundable. Once a domain name is registered, the WHOIS database stores the information and is kept there for a period of one year, until the date of renewal. Payment will NOT be credited back;
Domain Parking does NOT include Web Space, Virtual Hosting or email facilities.
"The Provider" shall be held harmless if "The User" uses any domain name that infringes on any rights of any person / company
"The Provider" does not guarantee that a domain name requested is available. Should our systems reflect availability this domain, this domain may have already been taken as "The Provider" is reliant on both local and international whois servers for updates
As "The Provider" is a reseller of various domains, "The User" agrees to abide by the terms & conditions of the various domain registrars worldwide when registering a domain
Domain registrars charge both a registration fee and a renewal fee, "The User" agrees to pay "The Provider" fees that relate to the registration, renewal, maintenance or administration of the domain name, these fees are not refundable.
Should "The User" misspell a domain name and the said domain is registered, "The User" will be held liable for payment of the domain. No domain can be credited, "The User" will then have to register the correctly spelled domain name at the cost of a new domain registration
Once an account has been created the DNS entries are created and the ticket for the domain is sent off, this may take up to 15 minutes to complete.

HOSTING SERVICE

Each web hosting plan allows for a specific amount of monthly transfer, for bandwidth utilization purposes, a month is defined as one calendar month;
Bandwidth utilization is dynamically and continuously measured, sites exceeding their allotted rate will be charged at the prescribed rate per MB bandwidth or automatically suspended depending on the account type (See "Users" hosting account for further details;
Should the "User" not opt to add additional bandwidth to their account the billing system will automatically suspend said account including but not limited to the website and emails.
It is the "User’s" responsibility to choose the level of transfer rate that their site requires;
"The User" shall be responsible for backing up his / her data / files at all times. "The Provider" will not be held liable for any data / information loss;
Upon termination of "The Users" agreement with "The Provider", it is "The Users" responsibility to backup and or move all "The User" files from "The Provider" servers.
"The Provider" shall delete all files / content / information / scripts etc from its servers upon the acceptance of transfer request of a domain/s to another service provider. The "User" shall have no recourse against the "Provider" should any files that were not backed up as per point #6.

EMAIL SERVICE

E-Mail Accounts are restricted to a maximum size dependant on the account option taken. If this space is exceeded, this may result in e-mail being lost, emails being bounced or your account being suspended;
If any "User’s" account is generating web traffic considered unusually high, "The Provider" may require the site to be placed on a Heavy "User" server either locally or internationally at the discretion of "The Provider";
"The Provider" provides email anti virus on "The Providers" servers, this anti virus is updated automatically every 6 hours, "The Provider" will do its best to make sure that no viruses are passed through its infrastructure but due to the pace of which viruses are transmitted "The Provider" will not be held responsible should a pass through its anti virus system;
"The Provider" provides a Spam Filtering system on "The Providers" servers, it may happen that occasionally legitimate email may be defined as spam or vice versa, "The User" may at any time de-activate this within "The Users" account. "The Provider" will not be held responsible should emails be deleted or tagged as spam;

WEBSITE DESIGN TERMS

The "Quotations" sent out by DiaMatrix are general CMS quotations and do not include any specific coding customizations unless specified in the quotation. Any "Custom Development" will be specified to the Client and the Client will have the opportunity to reject the "Custom development" Should the Client reject such quotation no "Custom Development" will be included in the website development. "Website Content" shall include all content to be included in the Website, including but not limited to textual materials, logos, photographs, sound files, databases, video files and other Website content All "Website Content" required to be included in the Website as described in the specifications, but excluding those items that shall be the responsibility of the Client to supply.

Logo files & photographs shall be supplied in the following formats: GIF / JPEG / TIFF / PNG / BMP, written text shall be in [WORD PROCESSOR] format, video files shall be in .AVI, .MOV, .FLV, MPEG format, and sound files shall be in Mp3 file format.

The Client shall be responsible for delivering all Website Content except for those items that DiaMatrix has specifically agreed to create. Client to supply all Content (in format above) as well as all Meta tags & Meta Keywords for all website pages created by DiaMatrix. Should the Client not supply the respective information, DiaMatrix will insert "Global Keywords & Meta Tags" but will not be held responsible should these not be suitable for the Client. The Client will be shown how to add / edit / replace such content at their own leisure.

DiaMatrix is hereby authorized to utilize any such subcontractors as maybe desired without the express permission of the Client. DiaMatrix shall use its reasonable efforts to meet the completion schedule if such schedule is agreed upon. However, the Client acknowledges and agrees that any changes or deviations in the specifications, site plan, mock-ups, graphics, or any other element of the Website, and Client delays in fulfilling Client’s responsibilities, include delivering Site Content and promptly reviewing and commenting on completed work will lead to delays in the completion schedule. DiaMatrix will not be held liable in any way should any delays be from the Client.

Client shall have a period of 14 days following delivery of the final Website during which the Client may engage in testing of the Website. The Client shall notify DiaMatrix no later than the 14 days following delivery of any items contained in the Website that do not conform to specifications or are not working. In the event that the Client does not so notify DiaMatrix within the 14 day period, the Client shall be deemed to have accepted the Website in all respects.

DiaMatrix shall retain a backup of the Website files relative to the accepted Website for a period of 14 days following final acceptance by the Client. Thereafter, DiaMatrix shall destroy all copies of the Customer’s Website, unless DiaMatrix is providing hosting of the Customer’s Site pursuant to a separate hosting Agreement.

In consideration of the services to be performed by DiaMatrix hereunder, the following are the payment Terms & Conditions: Upon achievement of the various stages of development that require an additional payment to be made to DiaMatrix, DiaMatrix shall notify the Client in writing that such stage of development has been reached and shall deliver such deliverables that corresponds to that stage of development to the Client, together with an email notification for the amount due at such stage of development. The Client shall make payment on such invoice within 7 days after receipt of such email notification. DiaMatrix reserves the right not to continue development of said website until payment is made. Should the Client delay payment, any and all Time Schedules for the website will automatically become obsolete.

50% deposit is required upon commencement of the development process.
30% payment on accepting the template / layout / Design
Remainder 20%, 14 days after acceptance of template / layout / Design
Payment Terms are Cash on Delivery.
Any quotations are valid for 14 days from the date stated.
E&OE

Should the client want the website to "Go-Live" prior to a hand over or completion from DiaMatrix or if the Client specifically would like the website to "Go-Live" the full outstanding payment will be deemed due immediately. Should the Client require the login details to the "Administrator" section of the website, DiaMatrix will not be held responsible / liable for any faults on the website as the Client will be deemed to have effectively taken over the website. Should DiaMatrix have completed their portion of the website and the Client has yet to furnish content, DiaMatrix may request that all outstanding monies be paid and the website will be completed as per the quotation when the Client furnishes DiaMatrix with the respective content. Should the client "Sign off" on the job completion form, the website will be deemed completed and all will immediately be due. The Client has 14 days thereafter to inform DiaMatrix of any issues with the website, there after DiaMatrix cannot be held responsible. Should DiaMatrix NOT be hosting the Clients website, immediately after the website has been uploaded on the Clients hosting service will the website payment become due. DiaMatrix will not be held responsible should the website be hacked in any shape of form.

The parties acknowledge and agree that all expenses associated with the development process, including but not limited to payment of any licensing fees, software procurement, costs of purchasing graphics, photographs and other web content, materials, supplies, and all other elements of the website development shall be absorbed by the Client. These costs if any will be explained to the Client and should the client not agree to such costs the respective content etc above will not be purchased.

In the event that this Agreement is terminated prior to completion of the Website, DiaMatrix shall be compensated any and all work that has been completed prior to the date of termination. If no set price is given for work completed, DiaMatrix reserves the right to cost the work completed based on its standard hourly rate for any work completed prior to termination. This may include but not limited to the design of layouts / templates / graphics / Flash Animation.

Following completion of the Website and final acceptance by the Customer and at DiaMatrix’s discretion for a period of 12 months after the Website is launched, The Client shall include a credit to DiaMatrix on all pages of the Website. The credit to DiaMatrix shall be designed and placed in a way that has form and substance that is reasonably acceptable to the Client. The credit shall also include a hypertext link to the DiaMatrix’s Website.

Proof reading

It is the responsibility of the Client to “proof read” ALL content supplied, DiaMatrix does not and will not proof read any content and everybody has their own writing styles.

Under Payment

It is the Clients responsibility to pay all outstanding monies within the agreed upon time-frame. It is not the responsibility of DiaMatrix to supply content for said website. DiaMatrix reserves the right to take further action against the Client for the failure to pay any outstanding monies for the website design within the agreed upon time-frame.

SECURITY

Any person that delivers or attempts to deliver any damaging code to the "The Providers" websites or attempts to gain unauthorised access to any page on this web site shall be prosecuted and civil damages shall be claimed in the event that "The Provider" suffers any damage or loss.
All credit card transactions are Secure Socket Layers encrypted.
"User’s" may click on the SSL or Credit Card Merchant logo to view their security certificate.
Issuing of password / user login information, unless "The Provider" knows the party, NO user login or email or any passwords will be given out.
Should an employee of a company require such information this will only be provided once this request has been received in writing from a contact person that we have on record or somebody suitably authorised within the company.

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