Terms Of Service
This agreement governs your purchase and use of any of the BAS Hosting (Pty) Ltd products (collectively called “services” or “account/s”), ordered by you, the customer. This Agreement explains the terms and conditions that apply to your purchase and the use of your account with BAS Hosting (Pty) Ltd on the server space allocated to you. Before you may use BAS Hosting (Pty) Ltd’ services and create an account with us you must register and accept this Agreement by clicking the Acceptance Checkbox at the end of this Agreement. This Agreement exists to define the agreement between you and BAS Hosting (Pty) Ltd and to ensure that our customers are using our Services with regard to the rights of other internet users and in conformity with the requirements of our network environment.
You are required to use your account responsibly. This includes respecting the other customers of BAS Hosting (Pty) Ltd. Subject to the terms and conditions of this agreement, BAS Hosting (Pty) Ltd grants you a non-exclusive, non-transferable, limited license to access, display and use our services, web site, and forum. You shall comply with all copyright laws worldwide in your use of your account prevent unauthorized copying of its contents. Except as provided in this Agreement, BAS Hosting (Pty) Ltd does not grant you any express or implied right in or under any patents, trademarks, copyrights or trade secret information.
BAS Hosting (Pty) Ltd servers 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, or that may directly facilitate the violation of any particular law or regulation is prohibited.
Examples of prohibited use include, but are not limited to:
1. materials subject to trademark, copyright or other laws protecting any materials or data of others in the absence of a valid license or other right to do so;
2. material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws;
3. unauthorized use or disclosure of private, personally identifiable information, or proprietary information of others;
4. adult-oriented sites, pornography and sex-related merchandising , including sites that may infer sexual content of any kind or provide links to adult content elsewhere. BAS Hosting (Pty) Ltd also prohibits sites that provide storage, sale, distribution, hypertext link to, advertisement, promotion or hosting of material that is unlawful, defamatory, obscene, harmful, threatening, harassing, or an intrusion of privacy or publicity rights, or is otherwise objectionable;
5. and storage, posting, display, transmission, advertising of or otherwise making available child pornography.
In leasing a web hosting account, all BAS Hosting (Pty) Ltd customers certify that they and/or the organization they represent in procuring services from BAS Hosting (Pty) Ltd are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a ‘suspected terrorist’ as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.
Usage of Allotted Resources
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes agreed to in the stipulated measurements outlined on the web site at the time of sign-up (or other measurements of services in the form of gigabytes, terabytes, etc.) per month for the services ordered by customer. BAS Hosting (Pty) Ltd will monitor customer’s bandwidth and disk usage. Customer agrees that bandwidth allowances represent the sum of the incoming and outgoing allowances. Once a plan reaches the bandwidth allowance, the plan will automatically be suspended until the next calendar month or until the plan’s bandwidth allowance is upgraded. Bandwidth calculations are updated daily and are not in real time. Therefore, customer agrees that the sum of incoming and outgoing bandwidth usage that exceeds the plan’s allowance shall be billed to customer’s account. Upon non-receipt of payment, all exceeded bandwidth shall be debited from the following month’s allocated bandwidth, and further so until all excess bandwidth has been accounted for. Further, if BAS Hosting (Pty) Ltd’ automated system fails to suspend a plan when reaching the plan’s bandwidth allowance, customer agrees be billed for each Gigabyte of bandwidth usage in excess of the plan’s bandwidth allowance. BAS Hosting (Pty) Ltd shall have the right to take corrective action if customer’s disk usage exceeds the agreed usage, including but not limited to deletion of all plan files, termination of this agreement or suspension of all services. Such actions may be taken in BAS Hosting (Pty) Ltd’ sole and absolute discretion.
Customers can configure their own email accounts through the cPanel Platform. BAS Hosting (Pty) Ltd. will configure email accounts should the customer not know how to create email accounts. Customers are required to respond to request from BAS Hosting (Pty) Ltd. Technical Support Team. It is the cusotmer’s responsibility to follow up with BAS Hosting (Pty) Ltd. Technical Support should they delay in responding to requests for technical assistance from BAS Hosting (Pty) Ltd. If the customer does not respond to requests then BAS Hosting (Pty) Ltd. will not be liable for any loss of income due to email account not being configured.
Customers are required to delete un-wanted emails and maintain their email boxes via third party software such as MS Outlook, etc. BAS Hosting (Pty) Ltd. reserves the right to suspend incomming emails should the customer choose to ignore self-maintenance. The customer’s Web Hosting Plan will require an upgrade should the account exceed the allocated quota. BAS Hosting (Pty) Ltd. require written concent from the customer before deleting any emails or email accounts. Charges related to email maintenance are stipulated in clauses 2 and 3 of our Service Level Guarantee.
Usage of Server Resources
In order to preserve the integrity of BAS Hosting (Pty) Ltd’ services and provide customers with BAS Hosting (Pty) Ltd’ 99.9% uptime guarantee, BAS Hosting (Pty) Ltd must be able to regulate its customers’ use of server resources.
Therefore, Customer agrees that customer shall not use excessive amounts of server resources (such as, but not limited to, CPU & Memory usage) on any of BAS Hosting (Pty) Ltd’ servers. BAS Hosting (Pty) Ltd shall define “excessive amounts of server resources” as using any form of server resource in a manner which noticeably hinders the quality of any service. Customer agrees to be held under strict liability for assuring reasonable server resource usage. Any violation of this policy will result in immediate account termination and imposition of an administrative fee proportional to damages caused. BAS Hosting (Pty) Ltd shall not refund to customer any fees paid in advance of such cancellation and customer shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; further, customer shall be obligated to pay 100% of all charges for all services for each month remaining in the Term. BAS Hosting (Pty) Ltd reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
Mass Emailing Policy
Each hosting plan is limited to sending no more than 200 emails in any 60 minute period. This policy is necessary to protect the quality of BAS Hosting (Pty) Ltd’ hosting service, as mass emailing can consume excessive amounts of server resources, which negatively impacts the quality of hosting service other clients receive. First violations of this policy will result in an administrative fee proportional to damages caused, and immediate account suspension. To be re-activated, the client must provide a written and signed statement stating “I have read, understood, and agree to BAS Hosting (Pty) Ltd’ Mass Emailing Policy”. Any second violation of this policy will result in immediate account cancellation and imposition of a further administrative fee proportional to damages caused. BAS Hosting (Pty) Ltd shall not refund to customer any fees paid in advance of such cancellation and customer shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; further, customer shall be obligated to pay 100% of all charges for all services for each month remaining in the Term. BAS Hosting (Pty) Ltd reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
E-mail Spamming Prohibited
“Spamming” includes the sending of unsolicited bulk and/or commercial messages over the Internet using BAS Hosting (Pty) Ltd’ services or through another ISP or IPP with a reference to BAS Hosting (Pty) Ltd or a website hosted by BAS Hosting (Pty) Ltd, maintenance of an open SMTP policy, and selling or distributing software (on a Web site residing on a BAS Hosting (Pty) Ltd server) that facilitates the foregoing. Spamming is prohibited. Violators will be assessed a fine and may have their plan(s) terminated or suspended. BAS Hosting (Pty) Ltd reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
System and Network Abuse
Violation of system or network security is prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following:
1. unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network;
2. interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
3. forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting;
4. distributing or hosting destructive or harmful content including, without limitation, viruses, Trojan Horses, worms, time bombs, cancel bots or any computer programming routines that may damage or interfere with any system, program, data or personal information;
5. any form of hacking or unauthorized access, which includes, without limitation, use probing, or scanning of systems security or authentication measures, data or traffic;
6. interference with service to any user, host, or network including any form of attempts to overload a system, any form of system attacks, or forgery which can come from any kind of program/script/command or messages of any kind designed to interfere with a user’s terminal session, via any means, locally or by Internet;
7. any form of interception which includes, without limitation, unauthorized monitoring of data or traffic on any network, server or system without express authorization from the owner;
8. any form of avoidance of system restriction; and
9. any form of failure to safeguard accounts which includes, without limitation, failure to prevent unauthorized access by giving away passwords. The password strength must be verified by BAS Hosting (Pty) Ltd. in order to ensure information is secure.
Offering or distributing any fraudulent goods, services, schemes or promotions (e.g. – make money fast schemes, chain-letters, pyramid schemes), or submitting false data on any sign-up form, contract or online application through registration, or any fraudulent use of information obtained through the use of the plans, including, without limitation, use of credit card numbers, phone numbers, e-mail addresses, or home addresses is strictly prohibited.
Violation of this Agreement
If BAS Hosting (Pty) Ltd becomes aware of any violation or threatened violation of this agreement, BAS Hosting (Pty) Ltd may pursue any remedies and take any action against you or your customers to stop or correct such violation, including, but not limited to, denying access to BAS Hosting (Pty) Ltd’ services and equipment or to the Internet, removal of all or a portion of the information stored on BAS Hosting (Pty) Ltd’ servers, suspension of any and/or all services, or termination of this agreement. In the event BAS Hosting (Pty) Ltd is required to suspend services or terminate this agreement, BAS Hosting (Pty) Ltd shall not refund any of the fees paid in advance of such corrective action. In addition, BAS Hosting (Pty) Ltd may charge you for any costs or expenses it incurs as a result of the threatened or actual violation of this agreement. You agree that BAS Hosting (Pty) Ltd shall have no liability to you or any of your customers as a result of any corrective action BAS Hosting (Pty) Ltd may take (including, without limitation, termination of services). You are expected to cooperate with BAS Hosting (Pty) Ltd in any corrective or preventive action that BAS Hosting (Pty) Ltd deems necessary.
Service Level Guarantee
1. BAS Hosting (Pty) Ltd guarantees a 99.9% up time service level. If you are unable to obtain 99.9% access to your website, BAS Hosting (Pty) Ltd will, on an as-requested basis, issue a pro rated credit to you for future services conditional upon your submission of proof that 99.9% up time was not achieved as documented by an industry recognized and reputable third party monitoring service such as that of Alertra.com service. This guarantee shall not apply in the event of Force Majeur (as described below), scheduled maintenance periods, inability to access applications or scripts running on the server or if customer’s account is not in good standing at the time of the outage.
2. Technical Support will be provided by BAS Hosting (Pty) Ltd and a Call out fee of R450.00 will be charged to the client’s account.The call out fee is applicable to Pretoria and Johannesburg only. The call out fee for surrounding areas will be billed per kilometer.
3. Consultation and or Technical Support will be billed at an Hourly rate of R450.00 per hour. The first 30 minutes of Technical Support will be free of charge.
4. Prices are indicated in our Website Design Packages and are subject to change at the descetion of Managment or the Director(s) of BAS Hosting (Pty) Ltd. Any addtional Pages to your Website Design and Development will be billed at R450.00 per page.
5. Full payment for services rendered must be made within 3 days upon receipt of invoice(s).
6. BAS Hosting (Pty) Ltd reserves the right to suspend your services or terminate your account should full payment not be received within the stipulated period.
7. BAS Hosting (Pty) Ltd reserves the right to change prices of its Products, Call Out Fees, Consultation and Technical Support charges without prior notice verbal or in writting.
8. All our Web Hosting Packages are due within 30 Days of the sign up date or account creation and are billed accordingly. Invoices are raised 15 days prior to the invoice due date. Invoice Payment reminders are sent periodically to remind the client of the due date and the amount due. If payment is not received by the 1st of every month, an invoice will be raised for the extra days overdue. All clients are required to inform the Accounts Department of BAS Hosting (Pty) Ltd in writing of any requests to change the above billing date. Correspondence must be submitted to firstname.lastname@example.org. A Prorate invoice will be raised for days leading up to the new dew date. We are committed to keeping our Web Hosting fees as low as possible and will ensure that there are no hidden charges.
9. As of the 1st of August 2016, a late payment penalty of R15.00 per day will be charged on all our Web Hosting Packages.
10. To ensure that we allocate payments correctly to your account, please use your invoice number as payment reference.
30-Day Money Back Guarantee
If you are not completely satisfied for any reason within the first 30 days of purchasing a hosting account, you will be given a full refund of the fees paid in advance upon plan cancellation. The 30-Day Money Back Guarantee is only available to new customers and cannot be invoked by anyone who has ever previously been a customer of BAS Hosting (Pty) Ltd or has been a customer of BAS Hosting (Pty) Ltd for over 30 days. The following services are not covered by the 30-Day Money Back Guarantee and are non-refundable for any reason: additional items and services; domain name registration; plan renewals; plan upgrades; plan term extensions; SSL certificates; and overage fees. To invoke the 30-Day Money Back Guarantee, you must cancel your plan exactly as outlined in the “Termination by Customer” section of this agreement within 30 days of purchase. THERE ARE ABSOLUTELY NO REFUNDS OFFERED, PROMISED OR AVAILABLE AFTER 30 DAYS OF PURCHASE.
Refunds are only available in accordance with the 30-Day Money Back Guarantee. Refunds will be processed 15 days after written cancellation. THERE ARE ABSOLUTELY NO REFUNDS OFFERED, PROMISED, OR AVAILABLE OUTSIDE BAS Hosting (Pty) Ltd’s 30-DAY MONEY BACK GUARANTEE.
The term of this agreement shall be of the same time span as the longest hosting plan which customer, unless otherwise terminated under this Agreement. The Term shall begin upon commencement of the services to customer. After the Initial Term, this Agreement shall automatically renew for successive like periods unless terminated in accordance with this Agreement. The Initial Term and all successive renewal periods shall be referred to, collectively, as the “Term”.
Termination by Customer
All plans automatically renew until terminated. In order to terminate or cancel your plan, you will be required to submit all details of your account to BAS Hosting (Pty) Ltd. at email@example.com from the e-mail address you used to register your account. Attempts to cancel by phone, live chat, or any other method will be rejected and billing will continue until these instructions have been followed. Please be aware that there are absolutely no refunds available outside the 30-day money back guarantee. Termination requests must be received a minimum of SEVEN (7) days prior to the end of your plan’s term to prevent automatic renewal. If your e-mail address has changed and you have neglected to update us with the new address, we will not be able to notify you but an account termination will still possible under any circumstances. If a plan has already been renewed, there are absolutely no refunds available for any reason. BAS Hosting (Pty) Ltd is unable to cancel your account effective for a future date. Once the account termination request has been submitted, your request will be placed in our service cancellations queue and you will receive a confirmation email as soon as the request has been processed. If you do not receive an email within 24 working hours, your request was not received! The confirmation email will contain a Ticket ID, which is your proof of submission and can be used to track the status of your termination request.
Knowledge and Expertise
Use of the Plan(s) requires a certain amount of knowledge of Internet programming Languages, protocols and software, and other technological information. By establishing a Plan, you or your webmaster represent that you have the knowledge necessary to maintain your web site. BAS Hosting (Pty) Ltd will not advise, teach, supply or provide any such knowledge or customer support outside of the scope of the Plan(s).
BAS Hosting (Pty) Ltd/Customer Communications
Customer shall direct all communications through our ticket system, forum, telephone, live support, or e-mail. All relevant details are provided on our main site.
Ownership of Website
You have granted BAS Hosting (Pty) Ltd the right to create and or develop and or edit your website only on your request or have previously developed, planned and created source and object code for purposes of creating an operational Web site (collectively, the “Website”). The Website is owned exclusively by you or your agents. In the event a dispute arises over ownership of your web sites and/or the Plan established with BAS Hosting (Pty) Ltd, you agree to fully comply with any and all of BAS Hosting (Pty) Ltd’ security measures.
Shared Internet Protocol (IP) Address Ownership
During the Term of this Agreement, BAS Hosting (Pty) Ltd will provide you with a restricted license to use a shared Internet Protocol (“IP”) address. You may use the IP address only as provided by BAS Hosting (Pty) Ltd. BAS Hosting (Pty) Ltd shall maintain and control ownership of all IP numbers and addresses that may be assigned to the customer by BAS Hosting (Pty) Ltd, and BAS Hosting (Pty) Ltd reserves the right to change or remove any and all such IP numbers and addresses, in its sole and absolute discretion. You agree that BAS Hosting (Pty) Ltd will not be held liable for any downtime of third party hosted services such as e-mail hosted exchanges.
Advertising & Marketing
You agree that during the term of this Agreement BAS Hosting (Pty) Ltd may publicly refer to you on all social media platforms, orally and in writing, as a customer of BAS Hosting (Pty) Ltd. Any other public reference requires your written consent.
Warranties and Representations
You warrant and represent to BAS Hosting (Pty) Ltd that you are (1) at least eighteen 18 years of age; (2) you possess the legal right and ability to enter this Agreement; (3) you will use the Plan(s) only for lawful purposes and in accordance with this Agreement and all policies and guidelines that may apply; (4) you will be financially responsible for your Plan(s); (5) you have acquired, or will acquire all necessary arrangements for hypertext links to a third party Web sites or other content; (6) you have verified or will verify the accuracy of materials distributed or made available through use of the Plan(s), including, without limitation, your content, claims, warranties, guarantees, nature of business, and address where business is conducted, and (7) your content does not infringe or violate any right of any third party (including intellectual property rights) or violate any applicable law, regulation or ordinance.
Disclaimers and Limitations
You expressly agree that the use of Services or any information provided by BAS Hosting (Pty) Ltd is at your sole risk. Neither BAS Hosting (Pty) Ltd, nor its affiliates, nor any of its officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this site or the Services provided will be uninterrupted or error-free; nor does BAS Hosting (Pty) Ltd make any warranty as to the results that may be obtained from the use of the Services.
THE SERVICES, WEB SITES AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH THEM ARE PROVIDED ON AN “AS IS,” “WHERE AVAILABLE” BASIS. BAS Hosting (Pty) Ltd AND ITS PROVIDERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICES, WEB SITES AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. USE OF THE WEB SITES IS AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liabilities
YOU AGREE THAT NEITHER BAS Hosting (Pty) Ltd NOR ITS PROVIDERS SHALL BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR USE OF THE SERVICES, MATERIALS, CONTENT, OR INFORMATION ON ITS SITES REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING WITHOUT LIMITATION A NEGLIGENT ACT, SHALL BAS Hosting (Pty) Ltd OR ANY OF ITS PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES, MATERIALS, CONTENT OR INFORMATION PROVIDED BY BAS Hosting (Pty) Ltd OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON BAS Hosting (Pty) Ltd’S SITES, YOUR USE OF, OR INABILITY TO USE BAS Hosting (Pty) Ltd’S SERVICES GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER BAS Hosting (Pty) Ltd OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Notwithstanding anything to the contrary in this Agreement, BAS Hosting (Pty) Ltd’ maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi- contract, statutory or otherwise) shall not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose. The terms of this section shall survive any termination of this Agreement.
Customer shall defend, indemnify and hold harmless BAS Hosting (Pty) Ltd, its affiliates and their respective present, former and future officers, directors, employees and agents, and their respective heirs, legal representatives, successors and assigns (collectively the “Indemnitees”), from and against any and all losses, damages, costs, liabilities and expenses (including, without limitation, amounts paid in settlement and reasonable attorneys’ fees) which any of the Indemnitees may suffer, incur or sustain resulting from or arising out of (i) Customer’s breach of any representation, warranty, covenant or agreement contained this Agreement or any other agreement incorporated by reference, (ii) Customer’s information stored on BAS Hosting (Pty) Ltd’ servers, the Customer’s web site or an end user’s use of the such information or the Customer’s web site, (iii) violation by Customer or any of its officers, directors, employees or agents of any applicable law, rule, regulation or order, (iv) claims or actions of third parties alleging misappropriation of trade secrets or infringement of patents, copyrights, trademarks or other intellectual property rights arising from the use, display or publication of the Customer’s information or the use in connection with services, software or information not provided by BAS Hosting (Pty) Ltd, (v) claims or actions by third parties relating to or arising out of Customer’s use of the Services, and (vi) any failure of Customer’s information or any aspect of the Customer web site to be compatible with the hardware or software used by BAS Hosting (Pty) Ltd to provide the Services, including any damage to BAS Hosting (Pty) Ltd’ servers or other hardware caused thereby. The terms of this section shall survive any termination of this Agreement.
BAS Hosting (Pty) Ltd may reveal any information it deems necessary or appropriate, including, without limitation, user profile (e.g. name, e-mail address, etc.), usage history or other material contained on BAS Hosting (Pty) Ltd’ system in order to abide by any applicable laws, lawful governmental requests, to protect BAS Hosting (Pty) Ltd’ systems and customers, or to provide and protect the quality, functionality, and integrity of BAS Hosting (Pty) Ltd’ business and equipment.
Compliance with Law
You agree that when using our Services you shall comply with all applicable laws and regulations. You shall not use the Plan(s) or the Services in any way that violates South African or your resident country’s export laws, including without limitation, uses related to the distribution of weapons of mass destruction, prohibited chemical, biological, or nuclear weapons or missile use. You agree that you are not located in, under control of, or a national or resident of any country restricted as a destination by South African law or on the South African Treasury Department’s list of Specially Designated Nationals or the South African Department of Commerce’s Table of Denial Orders.
In the event that any provision of this Agreement shall be held by any court of competent jurisdiction to be illegal or unenforceable, such provision shall be deemed severable and severed from this Agreement and the remaining provisions hereof shall remain in full force and effect between the parties.
Copyright or Trademark Infringement
The Digital Millennium Copyright Act (“DMCA”) sets forth the law regarding the use of copyrighted materials on the Internet. All BAS Hosting (Pty) Ltd customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a BAS Hosting (Pty) Ltd customer (per the DMCA) to BAS Hosting (Pty) Ltd must follow the below procedures. Copyright infringement notifications submitted to BAS Hosting (Pty) Ltd according to these procedures will be processed within 21 days of receipt. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at BAS Hosting (Pty) Ltd’ sole discretion.
DMCA Copyright Infringement Notification Requirements
1. Signature of the copyright owner or a person authorized to act on the copyright owner’s behalf (the “Claimant”).
2. Identification of the copyrighted work(s) claimed to have been infringed.
3. Identification of the material claimed to infringe the copyright(s), and enough information for BAS Hosting (Pty) Ltd to locate it including URLs and specific descriptions of the infringing material at each URL.
4. The Claimant’s name, address, and telephone number(s).
5. A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
6. A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
You may not assign or transfer this Agreement or any of its rights or obligations hereunder, without the prior written consent of BAS Hosting (Pty) Ltd. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. BAS Hosting (Pty) Ltd may assign its rights and obligations under this Agreement, and may engage subcontractors or agents to perform its duties and exercise its rights hereunder, without the consent of Customer. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
No Third-Party Beneficiaries
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights, legal or equitable, in any Person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, Customer acknowledges and agrees that Microsoft, and any supplier of third-party supplier that is identified as a third-party beneficiary in the Service Description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against Customer as if it were a party to this Agreement.
Minimum Age Requirement
BAS Hosting (Pty) Ltd customers must be at least 18 years of age. Any individual under the age of 18 years (“Minor”) must have a parent or guardian accept this Agreement in order for the Minor to become a BAS Hosting (Pty) Ltd customer. A parent or guardian who accepts this Agreement on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with this Agreement, including the timely and full payment of the charges for BAS Hosting (Pty) Ltd services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains BAS Hosting (Pty) Ltd’ express written consent to the contrary.
BAS Hosting (Pty) Ltd will not be liable for delays in its performance of this Agreement or provision of Services which are caused by circumstances beyond BAS Hosting (Pty) Ltd’ reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively “Force Majeure”). BAS Hosting (Pty) Ltd will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between BAS Hosting (Pty) Ltd and its customers. Each of BAS Hosting (Pty) Ltd and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
- These terms and conditions, read together with the SEO agreement collectively form the “Contract”) in terms of which BAS Hosting (Pty) Ltd. (the “Service Provider”) shall provide the “Client” with Search Engine Optimisation Services (the “SEO Services”) as provided in this Contract. The Service Provider will make use of specific keywords and/or phrases to improve the organic search engine ranking and/or position the contents of the Client’s websites highly on search engines, namely (but not limited to) Google, Yahoo, and Bing.
- The Client will be listed on Google, Yahoo, Bing search engines as well as certain other directory websites as determined by the Service Provider specified above, and the Client hereby appoints the Service Provider as its sole Service Provider. Should the Client seek to appoint another service provider or entity providing or purporting to provide the same or similar services during the Contract duration, such appointment shall constitute a material breach of this contract and the Client will be liable to the Service Provider for up to 85% of the Contract value and any other remedies that may be available to the Service Provider in addition to the 85% in this regard.
- The Service Provider will optimise the Client’s websites with the objective of achieving front page listing on Google, Yahoo and Bing search engines. However such placement cannot be guaranteed and results may vary from time to time based on the different search engines raking algorithm (Such as Google’s search script/API, user search criteria and/or other factors which are out of the Service Provider’s control). The Service Provider does not accept responsibility for any loss (including indirect or consequential loss), damage and/or liability whatsoever should the SEO Services not generate front page results within 12 months.
- Whilst every care is taken in including the Client’s key website information on search engines as supplied by the Client, the Service Provider shall not be liable for any loss (including indirect or consequential loss), damage, loss of contract, loss of profit that the Client and/or any third party may suffer as a result of any omission, failure to include, inclusion of wrong information or ranking, or any other mistake or error on the part of the Service Provider and/or its SEO partners (except in the event of wilful or grossly negligent conduct on the part of the Service Provider and/or its SEO partners), and the Client indemnifies the Service Provider and SEO partners against any claim that may be brought against the Service Provider and/or SEO partners by any third party as a result of any such omission, failure to include, inclusion of wrong information or positioning, or any such other mistake or error.
- The Client will provide the Service Provider with administrative/backend access to the websites as well as provide additional website content for SEO optimisation purposes.
- The Client shall not be exempted from any contractual obligations and still remains liable in terms of the Contract irrespective of whether or not the Client has provided required information (this includes circumstances where the required information is provided late). In the event that the required information is not provided or provided late, the minimum period will only commence from the date when the required information is received irrespective of the Contract start date.
- All rates / prices exclude VAT. Accounts are strictly payable via debit order or in exceptional circumstances and with the express consent of the Service Provider paid via EFT immediately, unless the client has given not less than 30 days written notice to the Service Provider to terminate the subscription upon the expiry of the 3-month period, the subscription shall automatically be renewed for successive periods of 3 months each (“renewal period”). The provisions of this clause shall apply to each renewal period.
- Should the Client wish to terminate the website and or SEO Services after the six-month minimum period, the Client shall be liable for 85% of the outstanding amount for the remaining duration of the Contract. This amount must be settled in full before the Service Provider can release the Client from any contractual obligations.
- The Service Provider shall be entitled to terminate the Client’s subscription on 30 days’ notice in writing to the Client, any refunds due for payments made by the Client will be paid to the Client within 30 days.
- Should the Client not see any improvements in website ranking on search engines after six months and wish to terminate the SEO Services, the Client will provide the Service Provider with one month’s notice. The Client cannot attempt to terminate the SEO Services within the first 3 months of either the Contract or the date from which the required information is received (as the case may be) due to the search engines ranking algorithm timeline.
- In the event that the client has paid for services upfront, a pro rata credit will be passed and refund paid to the client within 30 days after the end of the notice period applicable.
- A certificate signed by the authorised official of BAS Hosting (Pty) Ltd, shall be prima facie proof of the amount due by the Client at any time.
- All information on the website or SEO strategy shall be subject to approval by the Service Provider and or client.
- The Service Provider shall provide the Client with monthly reporting on its SEO Services performance and website performance via web or SEO analytics reports.
- The Client’s website activity will be loaded to the Google dashboard which will be created and maintained by the Service Provider. The Service Provider will retain access to the account and all intellectual property residing in the account.
- Changes to the Google algorithm may affect results displayed, the Service Provider cannot be held responsible for a drop in performance due to these changes. The Service Provider will however endeavour to adapt to these changes as quickly as possible to ensure continuity of display and results.
- In the event of Google, Yahoo or Bing changing from a free listing (organic rankings) to a paid listing service, the Service Provider will be obliged to advise the Client in writing on receipt of such notice in order for the Client to take appropriate action to ensure continuity of its listings. Said change will however have no bearing on the validity and currency of this Contract which will continue unaffected.
- The Service Provider uses proprietary techniques in the optimization of Client’s organic rankings on Google, Yahoo and Bing; these techniques remain the intellectual property of the Service Provider and SEO partners. As a result the Service Provider is under no obligation to share the techniques used in this process with the Client. Should the Service Provider choose to share certain techniques with the Client in confidence, the Client warrants that it will not to share this information without the express written permission of the Service Provider’s director.
Content Marketing services are provided as stated. The client can request BAS Hosting (Pty) Ltd. to write content for them but the content will remain the intelectual property of the client. The number of words provided per package is 500 and or 1000 words. The products will be delivered within 14 days of payment received.
Construction and Interpretation
Wherever in this Agreement the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of this Agreement into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of this Agreement. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of this Agreement.
This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby. In case of a conflict between this Agreement and any document, correspondence or other communication, of Customer or BAS Hosting (Pty) Ltd, the terms and conditions of this Agreement shall control unless otherwise set forth in this Agreement.
BAS Hosting (Pty) Ltd may change or modify any of the terms and conditions contained in this Agreement, including any policy or guideline incorporated by reference, at any time, and you agree to be bound by the revised terms of this Agreement. Any such modification will become effective upon the date they are first posted on this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. BAS Hosting (Pty) Ltd does not and will not assume any obligation to notify you of the changes to this Agreement. Your continued use of BAS Hosting (Pty) Ltd’ Plan(s) will be the reflection of your cooperation and acceptance of any changes or modifications.
If you believe that another customer has violated this Agreement, please send communication to BAS Hosting (Pty) Ltd via our helpdesk at firstname.lastname@example.org.
By clicking the following checkbox (also known as Acceptance Checkbox) you acknowledge that you have read this User Agreement and agree to be bound by the terms and conditions contained in this document as well as all policies and guidelines incorporated by reference. You further agree that the act of submitting your Order Form online is equivalent to your signature and agree that all the information you submit online is true and correct to the best of your knowledge.
If you have any questions about our Terms Of Service, the practices of this site or your dealings with this site, please contact us at:
BAS Hosting (Pty) Ltd.
555 33rd Avenue, Villieria, Pretoria,Gauteng, South Africa, 0186
Office: +27(0)12 534 3029
Mobile: +27(0)84 045 8137