Law must be built through open societies that share information. When there is information, there is enlightenment. When there is debate, there are solutions. When there is no sharing of power, no rule of law, no accountability, there is abuse, corruption, subjugation and indignation.

terms and conditions

General

  1. This is an agreement between you and MyWebsiteDesign regarding your use of MyWebsiteDesign's products, services, computers, interactive information, communications and server management service. All such usage shall be subject to the terms and conditions contained in this agreement and the policies set out below as read with the product specific terms and conditions applicable to the relevant product or service(collectively, "the / this Agreement")
  2. This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Account Holder is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account.
  3. In circumstances of the Consumer Protection Act, 2008 ("the CPA") being applicable to this Agreement, the provisions of the CPA shall prevail in the event of a conflict between any provision of this Agreement and the provisions of the CPA
 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

Acceptable use policy

  1. By using our services, you agree to comply with our Policies and Procedures, including this Acceptable Use Policy (AUP).

General and Acceptable Use

  1. You are expected to use the Internet and other networks and services access through the services with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. We expect you to have a basic knowledge of how the Internet functions, the types of uses which are generally acceptable, and the types of uses which are to be avoided. Common sense is the best guide as to what is considered acceptable use.

Unacceptable Use

  1. Illegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted material, violation of export restrictions, harassment, fraud, trafficking in obscene material, child sexual abuse imagery, drug dealing, and other illegal activities.
  2. MyWebsiteDesign's services and servers may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes a legal threat, or violates export control laws. Examples of unacceptable content or links: "Pirated software", "Hackers programs or archives", "Warez Sites", "Irc Bots", "Illegal Mp3's" etc.
  3. Due to the nature of a shared web hosting environment, MyWebsiteDesign reserves the right to ask customers to upgrade or correct issues pertaining to upgrade their shared web hosting package, or to correct issues on their shared web hosting package, should it adversely affect the network or server performance for the majority of our hosting customers.
  4. The MyWebsiteDesign shared web hosting platform is intended for hosting a website with relevant content and function for a personal or small home business without the concern of traffic overages. The use of the service should not be indicative for large scale enterprises or applications where a dedicated server would be more suited.
  5. MyWebsiteDesign prohibits the use of the shared webhosting service disk space to be utilised for purposes other than its intended function: content hosting, personal and small enterprise email and relevant web files.
  6. The use of shared or dedicated hosting services for hosting torrent boxes and/or running proxies is strictly prohibited. Servers continuously running a risk of supporting these types of services will be disabled and cancelled from our network.
  7. Posting of defamatory, scandalous, violent or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
  8. Any unacceptable use of the services constitutes a material breach of these Terms and Conditions of Use and MyWebsiteDesign fully and strictly reserves its rights in this regard.

Interpretation

  1. The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. MyWebsiteDesign reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.

System and Network Security

  1. Violations of system or network security are 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 service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
  •    forging of any TCP-IP packet header or any part of the header information in an e- mail or a newsgroup posting; and
  •    employing posts or programs which consume excessive CPU time or storage space, permits the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for their own account; or resale of access to CGI scripts installed on our servers.

Spamming

  1. Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site or distributing, advertising or promoting products or software or services that have the primary purpose of encouraging or facilitating unsolicited commercial E-mail or spam.
  2. It is contrary to MyWebsiteDesign's policy for customers to use our servers to effect or participate in any of the following activities:
  • 1.   To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner- published FAQ or description of the group or list;
  • 2.   To send unsolicited mass e-mailings, if such unsolicited e-mailings provoke complaints from the recipients;
  • 3.   To engage in any of the foregoing activities using the service of another provider, but channelling such activities through a MyWebsiteDesign provided server, or using a MyWebsiteDesign provided server as a maildrop for responses;
  • 4.   To falsify user information provided to MyWebsiteDesign or to other users of the service in connection with use of a MyWebsiteDesign service.

Determination of a breach of this Policy

  1. MyWebsiteDesign will be the sole arbiters and have a sole and unfettered discretion in determining what constitutes a violation of this Policy.

Consequences of breach of this Policy

  1. When MyWebsiteDesign becomes aware of an alleged violation of its AUP (Acceptable Use Policy), MyWebsiteDesign will initiate an investigation (within 24-48 hours). During the investigation MyWebsiteDesign may restrict your access in order to prevent further possible unauthorized activity. If you are found in violation of our SPAM policy, MyWebsiteDesign may, at its sole discretion, restrict, suspend, or terminate your account and/or pursue other civil remedies. Also, MyWebsiteDesign reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. If such violation is a criminal offence, MyWebsiteDesign will notify the appropriate law enforcement department of such violation.
  2. MyWebsiteDesign does not issue service credits for any outages incurred through service disablement resulting from Policy violations.
  3. You shall be held liable for any and all costs incurred by MyWebsiteDesign as a result of your violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the clean-up of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations.
  4. First violations will result in a Cleanup Fee of R1500 and your account will be reviewed for possible immediate termination.
  5. A second violation will result in Cleanup Fee of R3500 and immediate termination of your account.
  6. The Customer who violates this policy agrees to also pay Investigation Fees of no more than R1500 per hour that MyWebsiteDesign personnel must spend to investigate any violations.

Modification

  1. MyWebsiteDesign may, at times with reasonable notice to Customers, revise or amend its current Shared and Dedicated Hosting offerings relating to price, features, traffic allocations and disk sizes.
  2. MyWebsiteDesign reserves the right to add, delete, or modify any provision of this Policy at any time without notice.

Disclaimers and Limitation of Liability

  1. You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services.
  2. We disclaim any and all loss or liability resulting from, but not limited to:
    • loss or liability resulting from access delays or access interruptions;
    • loss or liability resulting from data non-delivery or data mis-delivery;
    • loss or liability resulting from acts of God;
    • loss or liability resulting from the unauthorized use or misuse of your account identifier or password;
    • loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement;
    • loss or liability resulting from the interruption of your Service.
  3. You agree that we will not be liable for any loss of registration and use of your domain name, or for 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, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
  4. Subject always to the provisions of the CPA, to the extent that it is applicable, MyWebsiteDesign's services are provided on an as is, as available, basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. MyWebsiteDesign expressly disclaims any representation or warranty that the MyWebsiteDesign services will be error-free, secure or uninterrupted.
  5. No oral advice or written information given by MyWebsiteDesign, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice as if it were a warranty. The terms of this section will survive any termination of this Agreement.
  6. MyWebsiteDesign will use its best efforts to maintain a full time Internet presence for the Account Holder. You hereby acknowledge that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error.
  7. The terms of this Section will survive any termination of this Agreement.

Responsibility for content and Account Holder indemnities

  1. You agree to indemnify and hold MyWebsiteDesign harmless from any and all Claims resulting from or connected with any activities conducted by you. You and MyWebsiteDesign will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement.
  2. You agree not to store, transmit, link to, advertise or make available any images containing pornography through the Virtual Web Hosting service. MyWebsiteDesign reserves the right to refuse service if any of the content within, or any links from, your website is deemed illegal, misleading, or obscene, or is otherwise in breach of these terms or MyWebsiteDesign's then current Acceptable Use Policy, in the sole and absolute opinion of MyWebsiteDesign.
  3. MyWebsiteDesign will not change passwords to any account without proof of identification, which is satisfactory to MyWebsiteDesign, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes you, you understand that MyWebsiteDesign will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will MyWebsiteDesign be liable for any losses incurred by you during this time of determination of ownership, or otherwise. You agree to indemnify and hold harmless MyWebsiteDesign from any and all Claims arising from such ownership disputes.
  4. You agree to indemnify and hold harmless MyWebsiteDesign and any other Account Holder from any and all Claims resulting from your use of the services provided by MyWebsiteDesign. The terms of this Section will survive any termination of this Agreement.
  5. You agree not to harm MyWebsiteDesign, its reputation, computer systems, programming and/or other persons using MyWebsiteDesign's services.
  6. The terms of this Section will survive any termination of this Agreement.

Variation of services

  1. You agree that MyWebsiteDesign may establish limits concerning use of any MyWebsiteDesign service offered on any MyWebsiteDesign web site, including without limitation the maximum number of days that e-mail messages will be retained by any MyWebsiteDesign service, the maximum number of e-mail messages that may be sent from or received by an account on any MyWebsiteDesign service, the maximum size of an e-mail message that may be sent from or received by an account on any MyWebsiteDesign service, the maximum disk space that will be allotted on MyWebsiteDesign's servers on your behalf either cumulatively or for any particular service. You agree that MyWebsiteDesign has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any MyWebsiteDesign service. You acknowledge that the features, parameters (for example, the amount of storage available to users) or existence of any MyWebsiteDesign service may change at any time.
  2. MyWebsiteDesign reserves the right to select the server for your website for best performance. You understand that the services provided by MyWebsiteDesign are provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If yours website overwhelms the server and causes complaints from other users, you have outgrown the realm of shared servers, and will need to relocate your website. If you refuse to comply with this Section, then MyWebsiteDesign has the right to terminate the services provided to you without any refunds of the unused portion prepaid by you.

Non-transferability of services

  1. Your rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of MyWebsiteDesign.

Passwords

  1. You are responsible for maintaining the confidentiality of your password. In the event of a breach of security through your account, you will be liable for any unauthorized use of MyWebsiteDesign services, including any damages resulting there from, until you notify MyWebsiteDesign's customer service.
  2. The responsibility of all passwords and other related sensitive information is assumed by you, should any additional fee's arise from resource consumption due to poor credentials (such as, but not limited to blank passwords or "test" accounts) no fault shall be levied on MyWebsiteDesign

General provisions

  1. This Agreement constitutes the entire agreement between you and MyWebsiteDesign with respect to the MyWebsiteDesign services and supersedes all prior agreements between you and MyWebsiteDesign. MyWebsiteDesign reserves the right to amend this Agreement from time to time. Any new version of the Agreement will be displayed on our Website together with the date on which it will become effective, which will never be less than 30 (thirty) days after the date on which it is first published. It is your obligation to visit our web site on a regular basis in order to determine whether any amendments have been made. Any use by you of the MyWebsiteDesign services after the effective date of any such amendment, shall be deemed to constitute acceptance by you of such amendment.
  2. MyWebsiteDesign's failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.
  3. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.
  4. Save where otherwise provided for in this Agreement, if you:
  • 1 fail to pay any amount payable under this Agreement within ten days after receipt of written demand requiring such payment; or
  • 2 commit a breach of any provision (other than a payment obligation) of this Agreement and, if such breach is capable of remedy, fail to remedy such breach within thirty days after receipt of written demand requiring you to do so;
  • 3 are placed under liquidation, judicial management, business rescue proceedings or any similar disability, whether provisionally or finally and whether voluntarily or compulsorily;
  • 4 commit any act which if committed by a natural person would constitute an act of insolvency;
  • 5 become insolvent;
  • 6 compromise or attempt to compromise generally with any of your creditors;
  • 7 have a final judgment taken against you which is not satisfied within 30 days after the granting of such judgment,

then MyWebsiteDesign shall be entitled, without prejudice to any of its other rights under this Agreement and/or in law and by giving written notice, to immediately cancel this Agreement or to claim immediate specific performance of all of your obligations whether or not due for performance, in either event without prejudice to MyWebsiteDesign’s right to claim damages.

  1. The interpretation and enforcement of this Agreement shall be governed according the laws of the Republic of South Africa (excluding its choice of law rules).
  2. You consent to the jurisdiction of the South Africa courts.
  1. Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery, fax or by email. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested, with all postage and charges prepaid, and shall be deemed to have been received on the 5th Business day after posting. Emails and faxes shall be deemed to be received on the Business Day they are sent if sent before 16h00 on that day or on the next Business Day thereafter is sent after 16h00 on a Business Day or if sent on a non-Business Day.

MyWebsiteDesign billing terms General

  1. MyWebsiteDesign will provide you with an itemised bill or invoice on request or where this is specified as part of the services provided to you.
  2. Accounts are due on invoice presentation date ("Due Date") shown on all invoices received from MyWebsiteDesign, unless agreed otherwise. MyWebsiteDesign retains the right to impose, subject to a notice period of 7 business days, a credit limit on any of it's customers as and when it sees fit. (Amended 6 May 2015)
  3. MyWebsiteDesign products and services are not pro-rated with the exception of Adsl lines, Adsl complete and Hosting packages (including Dedicated servers).
  4. MyWebsiteDesign will provide a service to the you, as chosen by you, for the period of time ("the Term") corresponding with the payment plan specific to you or as otherwise specific in the product terms and conditions relating to the particular product or service supplied by MyWebsiteDesign. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated.

Effect of non payment

  1. In the event of non-payment of an invoice by the stipulated Due Date, without prejudice to any other rights that MyWebsiteDesign has in terms of this Agreement or in law, MyWebsiteDesign reserves the right to hold you liable for the total amount due pursuant to such invoice.
  2. Interest of 2% per month may be charged on all overdue accounts.
  3. MyWebsiteDesign may stop the supply of new services to you and/or terminate current services held by you if payment of any invoice is not made by the Due Date, or if an application for business rescue proceedings or liquidation is filed by or against the customer, or if the customer goes out of business or announces intention to do so.
  4. If the supply of new services is stopped or the existing services are terminated in accordance with section 6, the full outstanding balance becomes due and payable immediately.
  5. If you pay the amount due in full, you may have their existing services re-activated and also purchase new services.
  6. If you neglect to pay the amount due in full, MyWebsiteDesign will submit the full delinquent amount for Collections. In the event of the account being handed over to an outside collection agency, any costs incurred as such will be for your account.
  7. If you neglect to pay the amount due in full, MyWebsiteDesign will submit the full delinquent amount for Collections. In the event of the account being handed over to an outside collection agency, any costs incurred as such will be for your account.
  8. In the event of suspension due to non-payment, MyWebsiteDesign reserves the right to place a "non-payment" page on your domain. Furthermore, the DNS of your domain will remain unchanged until full payment for the outstanding balance on your account has been received.
  9. If the preferred method of payment used by you is EFT, it will be your sole responsibility to ensure your payments are made using the correct beneficiary reference as indicated on all invoicing. Failure to comply may result in an incorrect allocation of your payment which may cause service disruption as a result of the account being suspended due to non-payment.
  10. DSL lines that have been suspended for non-payment will be cancelled with Telkom after 30 days, and you shall be notified thereof beforehand.

Payment methods and fees

  1. MyWebsiteDesign only accepts payments via EFT.

Cancellations

  1. Please note that by default we require one full calendar month's notification of non-renewal. If you do not provide this notice, you will be charged the rate stipulated on the relevant product page for the next renewal term. To illustrate, for non-renewal to be effected at the end of May, notice of non-renewal must be received on or before the last day of April. There are no refunds on a la carte services.
  2. Domains are eligible to automatically renew for an additional one year term upon expiry. Renewal notifications will be sent out prior to the renewal, and cancellations may be done before the renewal date.

Dispute Resolution

General Dispute Resolution

  1. The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mind set, without formal proceedings and in accordance with the various dispute resolution procedures provided.
  2. In the event of the dispute not being resolved, please follow the general complaint procedure as stipulated by ICASA for all complaints excepts Billing disputes:

You are required to direct a general complaint to info@MyWebsiteDesign.co.za. The complaint is required to be accompanied by the following;

  • 1.   Your full particulars and contact details;
  • 2.   Your relationship with MyWebsiteDesign and any customer reference which may be applicable;
  • 3.   A statement of the reasons for the complaint with enough detail to allow us to assess these; and
  • 4.   Any relevant evidence or documentation you wish to submit in support of your complaint.
  • 5.   Under the ICASA Code of Conduct Regulations MyWebsiteDesign is required to:
    • 5.1   Acknowledge receipt of your complaint within three working days; and
    • 5.2   Determine an outcome for the complaint and communicate this to you within fourteen (14) working days.

Billing Dispute resolution

Purpose of this Procedure

  1. This Procedure sets out the obligations of MyWebsiteDesign and the Customer in resolving a Billing Dispute, including the manner in which Billing Disputes should be lodged and how they will be handled thereafter.
  2. MyWebsiteDesign's Billing Dispute Handling Procedure is intended to service both the Customer and MyWebsiteDesign's interests by setting out clear rules and procedures to be used where Billing Disputes Occur.
  1. Definitions

"Billing Dispute" means an instance where a Customer states in good faith that their bill contains incorrect charges, payments or adjustments.

"Billing Dispute Notice" means a notice submitted by the Customer in terms of this Procedure.

"Billing Disputes Procedure" and "this Procedure" mean this Billing Dispute Procedure for the initiation and resolution of Billing Disputes.

"Billing Enquiry"means the situation where the Customer seeks information or clarification relating to an Invoice including without limitation seeking clarification of charges or sources of usage. For the avoidance of doubt, this is not a Billing Dispute.

"Business Day" means any day other than a Saturday or Sunday or a public holiday observed as such in the Republic of South Africa;

"Complaint" means an expression of dissatisfaction or grievance made by a Customer, but does not include a request for information. A Complaint is not a Billing Dispute.

General

  1. Any charge recorded on an Invoice (the subject of a Billing Dispute) which is not submitted in accordance with this Procedure is payable in full to MyWebsiteDesign by the Due Date of the Invoice.
  2. For the avoidance of doubt the parties acknowledge and agree that:
  • 1.   An amount that is not in dispute ("Undisputed Amount") cannot be withheld for any reason (including without limitation when that amount is on an invoice together with a Disputed Amount).
  • 2.   Only Billing Disputes can trigger the Billing Dispute Handling Procedure (and the potential right to withhold payment of Disputed Amounts from MyWebsiteDesign as set out below).
  • 3.   Billing Inquiries and Complaints are not Billing Disputes and do not trigger the Billing Dispute Procedure. Billing Inquiries should be directed to billing@MyWebsiteDesign.co.za -- while Complaints are dealt with under the MyWebsiteDesign Complaints Handling Procedure.
  1. Please note that MyWebsiteDesign will not entertain any Billing Dispute based on unauthorized use of the services or on unauthorized use of the services by a third party, it being your responsibility to safeguard access to the services which you receive and to use them in the manner set out in the terms and conditions applicable thereto.

Customer's obligations to first use this Procedure

  1. As a current or prior Customer of MyWebsiteDesign, you agree to allow MyWebsiteDesign to attempt settlement of any Billing Dispute for 14 Business Days before raising a dispute with any third party, credit card company or bank. MyWebsiteDesign requires and you agree that it be the first option in Billing Disputes. Should MyWebsiteDesign receive a chargeback or other reversed charge from a third party, Credit Card Company or bank on your behalf before MyWebsiteDesign has been given a chance to resolve the issue, MyWebsiteDesign has the right to collect on the rendered services and any fees associated with those disputes.
  2. Not all Billing Disputes may be settled to a customer's satisfaction. Once this Procedure has been exhausted, a Customer may use any third party, Credit Card Company or bank in an attempt to settle the dispute. However, MyWebsiteDesign still retains the right to collect on any rendered services or fees that are due. Should MyWebsiteDesign be unable to reverse any disputed amounts with a third party, Credit Card Company or bank, MyWebsiteDesign will submit the full delinquent amount for Collections.

Time period within which Billing Disputes can be initiated

  1. A Billing Dispute Notice may be lodged in the required manner until the passing of 60 days from the date of the relevant invoice.

Circumstances under which payment of a Disputed Amount may be withheld

  1. You may only withhold payment of a Disputed Amount where MyWebsiteDesign receives a valid Billing Dispute Notice relating to such Disputed Amount at least 5 Business Days prior to the Due Date recorded on the relevant invoice.

Billing Dispute Notice

  1. A Billing Dispute can only be validly initiated through the submission of a valid Billing Dispute Notice using the Customer Zone.
  2. The Billing Dispute Notice should clearly set out:
  • 1.   Invoice number and date;
  • 2.   The amount in dispute ("the Disputed Amount");
  • 3.   The amount not in dispute ("the Undisputed Amount");
  • 4.   The full details of the dispute; and
  • 5.   Any relevant evidence or documentation you wish to submit in support of your complaint.

Response to Billing Dispute Notice

  1. Under the ICASA Code of Conduct Regulations MyWebsiteDesign is required to acknowledge receipt of your complaint within 3 Business Days.
  2. MyWebsiteDesign shall provide a response to the Billing Dispute Notice within 14 Business Days, which response shall take one of the following forms:
  • 1   A rejection of the Billing Dispute Notice on the basis that:
  • 2   The Billing Dispute Notice was not received by MyWebsiteDesign within 60 days from the date of the relevant invoice;
  • 3   The Billing Dispute Notice does not contain all of the information set out in clause 11 of this Billing Dispute Procedure or was not submitted in accordance with section 10.
  • 4   The Customer has not made payment in accordance with (and does not have A right to withhold payment) in terms of sections 61, 62.1 and 67 of this Procedure;
  • 5   MyWebsiteDesign has confirmation from the Customer that the dispute which is the subject of the Billing Dispute Notice has been resolved;
  • 6   The Customer is disputing the charges on the basis that the Customer did not authorize the particular use of the services by another person; or
  • 7   MyWebsiteDesign reasonably believes that the Customer does not have a bona fide dispute in relation to the charges.
  • 8   A request for information or documentation from the Customer lodging the Billing Dispute Notice which is reasonably required to assist MyWebsiteDesign in making a determination in the matter. The Customer shall provide such information or documentation as soon as possible and the running of the 14 Business Day period referred to below shall be suspended until such time as it has been received by MyWebsiteDesign
  • 9   A determination of the Billing Dispute and the reasons for such determination.

Referral to Senior Management

  1. If you are not satisfied with MyWebsiteDesign's response under section 84 of the Billing Dispute Procedure then you must notify ("SM Request") MyWebsiteDesign within 3 Business Days of receiving MyWebsiteDesign's response that you want the matter referred to Senior Management ("SM"). Subject to you complying with this clause 72 of the Billing Dispute Procedure, both parties agree:
  • 1   To ensure that SM meet to resolve the dispute within 7 Business Days of MyWebsiteDesign receiving the SM Request but in any event not later than 14 Business Days after the lodging of the Billing Dispute Notice.
  • 2   Any decision of SM will be final and binding on both parties.
  • 3   Both parties acknowledge and agree that if MyWebsiteDesign does not receive a Notification from you in accordance with this clause 72 then the Billing Dispute will be deemed to have been resolved in accordance with the response provided under section 72 and MyWebsiteDesign will have no further obligations in relation to the Billing Dispute.

Resolution, Agreement or Determination

  1. If stipulated under MyWebsiteDesign's response under section 84 or where SM agree on a resolution or reach a decision under section 85 that you must make payment of a Disputed Amount, you must within 5 Business Days of the date of the determination pay the Disputed Amount.
  2. If stipulated under MyWebsiteDesign’s response under section 85 or where SM agree on a resolution or reach a decision under section 85 that MyWebsiteDesign must withdraw the disputed charge or refund a disputed charge previously paid, MyWebsiteDesign must as soon as practicable:
  • 1   If stipulated under MyWebsiteDesign's response under section 84 or where SM agree on a resolution or reach a decision under section 85 that MyWebsiteDesign must withdraw the disputed charge or refund a disputed charge previously paid, MyWebsiteDesign must as soon as practicable:
  • 2   Credit any Disputed Amount already paid by you.
  1. Where a resolution or determination is made in accordance with clauses 74.1 or 74.2 then, subject to either party meeting the payment obligations specified in such resolution or determination, the Billing Dispute will be deemed to be resolved and MyWebsiteDesign will have no further obligations in relation to the Billing Dispute.

Effect of this Procedure on continued service provision

  1. MyWebsiteDesign will not disconnect a service provided to you which is the subject of a Billing Dispute or take adverse collection procedures or impose late payment penalties or charges while attempting to resolve a Billing Dispute lodged in terms of this Procedure and until such time as MyWebsiteDesign has reached a determination and communicated this to you.
  2. We reserve the right, however, to take such measures immediately:
  • 1   Where a determination of the Billing Dispute has been made and communicated to you; or
  • 2   Where you have indicated that you are unable to pay your invoice or bill or have filed or are the subject of any application to court for sequestration or liquidation or otherwise seek to reach a formal arrangement with your creditors.
  1. Subject only to the above, the rights and obligations of each party under the Billing Dispute Procedure continue pending resolution of a Billing Dispute invoked under this Billing Dispute Procedure. For the avoidance of doubt this includes that MyWebsiteDesign shall continue to have the right to terminate or suspend the service in accordance with MyWebsiteDesign’s rights under the agreement that you have with MyWebsiteDesign.

Confidentiality

  1. Neither party shall use any information obtained from the other party during the course of any process invoked under this Procedure for any purpose other than the resolution of the particular Billing Dispute.

Overage Disputes

  1. Should you wish to dispute an overage charge you may do so by following the Billing Dispute Procedure and requesting an overage investigation.
  2. Should, however, the overages be accurate (within a 5% margin) a once off charge of R150.00 per domain/server will be applied to your account.

Realm Disputes

  1. Should you wish to dispute realm charges you may do so by following the Billing Dispute Procedure and requesting a realm investigation.
  2. Should, however, the realm charges be accurate (within a 5% margin) a once off charge of R150.00 per realm will be applied to your account.

Request for Reconciliation or Historical Information/Reporting

  1. Should you want a reconciliation done on your account, you may request one by following the Billing Dispute Procedure.
  2. Should however the reconciliation prove the account to be accurate (within a 5% margin), a once off charge of R150.00 per reconciliation will be applied to your account. Should you request historical information that is made available to you on a monthly basis via the Customer Zone, DSL console, your Hosting control panel or any of the management interfaces provided to you, a once off administration charge of R150.00 per request will be applied to your account.

Use of Account Holder information for promotional purposes

MyWebsiteDesign may include the your name and contact information in directories of MyWebsiteDesign's service subscribers for the purpose promoting the use of the services by additional potential customers. However, MyWebsiteDesign is not authorized to print yours name, trademarks or other identifying information in any other advertising or promotional materials without your prior written consent.

Terms and Conditions for Use of Website

  1. Use of this website constitutes acceptance of these Terms and Conditions which thereafter constitute a binding agreement (“Agreement”) between MyWebsiteDesign and the user.
  2. Use of this website is strictly at the sole risk of the user.
  3. MyWebsiteDesign may, in its sole discretion, amend these Terms and Conditions from time to time at which time these will be brought to the attention of users and become binding on such users where they continue to use the website after such amendments have been brought to their attention.

Amendments to content and information

  1. The website owner expressly reserves the right in its sole discretion to affect any amendment or alteration to the content and information, including pricing and rates, set out in this website.
  2. Users acknowledge that it is their responsibility to familiarise themselves with any amendment or alteration affected.

Owner information & required disclosures under section 43 of the ECT Act

Website owner: BlackMoon (Pty) Ltd

E-mail: info@MyWebsiteDesign.co.za

Web site: www.MyWebsiteDesign.co.za

No offer

  1. Users should regard nothing contained in this web site as an offer but rather as an invitation to do business.

Disclaimers

    1. THIS ENTIRE WEBSITE, INCLUDING TEXT, IMAGES, LINKS, DOWNLOADS AND CODING, IS PROVIDED "AS IS" AND "AS AVAILABLE". MyWebsiteDesign MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AS TO THE CORRECTNESS OR SUITABILITY OF EITHER THE WEBSITE OR THE INFORMATION CONTAINED IN IT.
    2. Subject to Chapter 7 of the ECT Act, MyWebsiteDesign, its officers, employees, suppliers, resellers, partners, affiliates and agents, shall not be liable for any damage, loss or liability, howsoever arising, incurred by users or any other persons and resulting from the use or inability to use this website.
    3. Subject to Chapter 7 of the ECT Act and to the fullest extent possible under the applicable law, MyWebsiteDesign disclaims all responsibility or liability for any damages, including but not limited to direct, economic, consequential loss or loss of profits, resulting from the use of this site in any manner.
  • MyWebsiteDesign has no control over third party content and features which may be accessed through the use of this website and does not examine or edit such content and features or act as an agent for third parties accessible through this website. As such and to the fullest possible extent permissible under law the website owner disclaims any liability whatsoever for any loss or damage arising from the use of third party websites contents and features.

MyWebsiteDesign Code of Conduct and Service Charter

Introduction

  1. In order to provide electronic communications services to its subscribers, MyWebsiteDesign Networks (Pty) Ltd ("MyWebsiteDesign") holds licences issued by the Independent Communications Authority of South Africa (ICASA). ICASA requires that all licence-holders comply with, inter alia, the:
    1. ICASA Code of Conduct Regulations 2008, which sets out minimum standards of conduct when providing services to subscribers or dealing with potential subscribers; and
    2. ICASA End-user and Subscriber Service Charter Regulations 2009, which sets out minimum quality of service standards applicable to services provided by MyWebsiteDesign to subscribers and potential subscribers.
  2. MyWebsiteDesign has developed its own Code of Conduct and Service Charter in line with these Regulations and will strive to follow this in its interactions with you.

Key Commitments

  1. MyWebsiteDesign makes the following key commitments and will endeavour to:
    1. Otherwise authorised or required by law or order of Court;
    2. In possession of written authorisation from you to do so; and/or
    3. Required to release such information for the purpose of briefing our auditors or professional advisors or an accredited debt collection agency.
    1. Act in a fair, reasonable and responsible manner in all dealings with Customers;
    2. Ensure that all its services and products meet the specifications as contained in MyWebsiteDesign’s licences and all the relevant laws and regulations;
    3. Not unfairly discriminate against or between Customers on the basis of race, gender, sex, age, religion, belief, disability, ethnic background or sexual orientation;
    4. Display utmost courtesy and care when dealing with Customers;
    5. Provide Customers with information regarding services and pricing;
    6. Where requested to do so provide Customers with guidance with regard to their service needs; and
    7. Keep the personal information of Customers confidential unless we are:
  2. Subscribers and potential subscribers have the right to refer Complaints to ICASA as more fully set out below.

Consumer rights

  1. The ICASA Code of Conduct Regulations 2008 stipulate the following (non-exhaustive) list of consumer rights held by subscribers and potential subscribers:
    1. A right to be provided with the required service without unfair discrimination;
    2. A right to choose the service provider of your choice;
    3. A right to receive information in your preferred language (MyWebsiteDesign will do its best to meet this request where reasonable);
    4. A right to access and question records held by MyWebsiteDesign and which relate to your relationship with us;
    5. A right to the protection of your personal data, including the right not to have personal data sold to third parties without your permission;
    6. A right to port a number in terms of applicable regulations;
    7. A right to lodge a complaint; and
    8. A right to redress.

Availability of Information

  1. Information relating to:
    1. Our range of services / products on offer;
    2. Tariff rates applicable to each service offered;
    3. Terms and conditions applicable to such services / products;
    4. Payment terms;
    5. Billing, billing processes and our Billing Dispute Handling Procedure;
    6. Complaints Handling Procedure, and
    7. Relevant contact details

can be obtained from our website (www.MyWebsiteDesign.co.za) or by email request to info@mywebsitedesign.co.za (no charge payable) and is available for inspection at our offices during business hours.

Vetting of applications and use of credit registered credit bureaux’s

  1. Where applicable we reserve the right to subject any application for services and/or products, including variations to existing services and/or products, to credit referencing and analysis by registered credit bureaux's and you consent to the use of all information supplied for this purpose and for the purpose of compliance with the National Credit Act of 2005.

Written terms and conditions of service

  1. We will provide you with a copy of the written terms and conditions upon finalisation of a service agreement or as soon as is reasonably possible thereafter. Where an agreement is entered into telephonically a copy of the written terms and conditions thereof will be provided to you within seven (7) Business Days.
  2. Where we affect changes to the terms and conditions of our service to you we will inform of such changes within a fair and reasonable period.

Minimum standards for the services offered by MyWebsiteDesign

  1. Subject to events and conduct beyond its reasonable control. MyWebsiteDesign will
    1. provide a minimum of 95% network service availability measured over 6 months;
    2. provide a minimum of 95% service availability measured over 6 months;
    3. attain a 90% success rate in meeting requests for installation and activation of service for qualifying service applicants within 30 Business Days while meeting the balance of requests within 40 Business Days;
    4. provide full reasons to you where we are not able to meet your request for service within these time periods;
    5. attain a 90% success rate within 7 Business Days in meeting requests for activation of a service while meeting the balance of requests within 15 Business Days;
    6. provide full reasons to you where we are not able to meet your request for activation within these time periods;
    7. maintain an average of 90% fault clearance rate for all faults reported within three (3) days with the balance to be cleared within 6 Business Days of the reporting of the fault;
    8. respond within 3 (three) minutes (averaged over six months) to any call directed to the MyWebsiteDesign call centre;
    9. Monitor its network 24/7/365.
  2. Customers acknowledge that MyWebsiteDesign is directly dependent on network and other services provided by third parties in providing the services and meeting the standards set out above and that MyWebsiteDesign cannot be held liable in any manner whatsoever for any failure to meet such standards where this results from the acts and/or omissions of such third parties.
  3. Customers acknowledge that MyWebsiteDesign is directly dependent on network and other services provided by third parties in providing the services and meeting the standards set out above and that MyWebsiteDesign cannot be held liable in any manner whatsoever for any failure to meet such standards where this results from the acts and/or omissions of such third parties.

Miscellaneous

  1. Any queries relating to this Code of Conduct should be sent to info@mywebsitedesign.co.za.
  2. This Code of Conduct forms part of the Terms and Conditions applicable to the use of MyWebsiteDesign’s services and products and is incorporated therein.

Last updated: April 2017

Thank you for taking the time to read our disclaimer.

MyWebsiteDesign at its sole discretion, may choose to change the terms, conditions and operation of this Web site at anytime.

By using this service the user waives any rights or claims it may have against MyWebsiteDesign, regarding such changes. Without limiting the foregoing, MyWebsiteDesign shall not be liable to you or your business for any incidental, consequential, special, or punitive damages or lost or imputed profits or royalties arising out of this agreement or any goods or services provided, whether for breach of warranty or any obligation arising therefrom or otherwise, whether liability is asserted in contract or or not (including negligence and strict product liability) and irrespective of whether you have been advised of the possibility of any such loss or damage.

Each party hereby waives any claims that these exclusions deprive such party of an adequate remedy. You acknowledge that third party product and service providers advertise their products and services on the MyWebsiteDesign web site. MyWebsiteDesign forms partnerships or alliances with some of these vendors from time to time in order to facilitate the provision of these products and services to you. However, you acknowledge and agree that at no time is MyWebsiteDesign making any representation or warranty regarding any third party's products or services, nor will MyWebsiteDesign be liable to you or any third party for any claims arising from or in connection with such third party products and services. You hereby disclaim and waive any rights and claims you may have against MyWebsiteDesign with respect to third party products and services, to the maximum extent permitted by law.

MyWebsiteDesign Privacy Policy

Purpose

  1. This Policy sets out the manner in which MyWebsiteDesign Networks (Pty) Ltd ("MyWebsiteDesign") handles personal information submitted by or collected from you whilst visiting the MyWebsiteDesign website(s).

Definitions

"personal information" is as defined in the Promotion of Access to Information Act No 2 of 2000 ("PAIA")

"user" means any person accessing any part of the web site

Status

  1. This Privacy Policy forms part of the Terms and Conditions of Use of this website. Continued use of this website means you agree to the provisions of this Policy and are bound by them.

Collection of personal data

  1. We collect only what is necessary and use it only for the purpose for which it is required.
  2. We will neither sell your personal information to anyone nor otherwise dispose of it to a third party otherwise than as set out in the Policy. We will not attempt to obtain your permission to do so by deceptive means.
  3. If we do not need it anymore, we will delete any personal information held.
  4. We neither store nor retain any credit card information.

Email communications

  1. When you send us personally identifying information in an e-mail, we use the information you provide only to help us gather the information you might request. In an effort to respond to your request, information you submit may be viewed by various people within MyWebsiteDesign. Once received, the information to your e-mail is protected in accordance with this Policy.

Collection of anonymous data

  1. In order to provide the best possible and most relevant service, we may use standard technology to collect information about the use of this site. This technology is not able to identify individual users but simply allows this web site to collect statistics.
  2. In order to do this we use cookies. A cookie is a small file that is placed on your hard drive in order to keep a record of your interaction with this web site and will log:
    1. The Internet protocol (IP) address from which you access our website. An IP address is the unique number that is automatically assigned to the computer you are using whenever you are surfing the web.
    2. The type of browser (such as Internet Explorer or Mozilla) and operating system (such as Windows Vista or MacOS) used to access our site.
    3. The date and time when the website is accessed, for the purpose of traffic and statistical monitoring.
    4. The pages visited, for the purpose of improving the usefulness of our website by providing helpful links and removing pages that are not read.
  3. If you do not wish cookies to be employed it is possible to alter the manner in which your browser handles cookies. Please note that, if this is done, certain services on this web site may not be available.

Access to personal data

  1. If you believe that your personal data which we may have is outdated or incorrect please ask us to correct‐ please use our contact page. Please provide us with all the information we need to make the correction.
  2. You can also request access to any relevant personal data held by the web site owner as laid out in the Promotion of Access to Information Act 2 of 2000 ("PROATIA") and where such access is necessary for you to exercise and/or protect any of your rights. We think that it will probably be simpler for you to just send us an e-mail asking for the information you need.

Links to other web sites

  1. We have no control over and accept no responsibility for the privacy practices of any third party sites to which hyperlinks may have been provided and we strongly recommend that you review the privacy policy of any site you visit before using it further.

Security

  1. While reasonable measures are taken to ensure the security and integrity of information submitted to this site, we may not be held liable for any loss or other damage sustained by a user or users as a result of the intentional or accidental release of information by an employee of the web site owner or any third party.
  2. Users and/or subscribers are prohibited from releasing their username and/or password to any other person.

Children's privacy

  1. This is a child-friendly web site: MyWebsiteDesign takes into account the privacy and well-being of children when they are online.

Queries

  1. If you have any queries about this Privacy Policy please contact us.

Last updated: April 2017

Website Design Terms and Conditions

With the exception of any Third-Party Materials and Background Technology, the Customer is to be considered the owner of the Custom Website and Customer Content. "Customer Content" means all content or information (including, without limitation, any text, music, sound, photographs, video, graphics, data, or software), in any medium, provided by the Customer to MyWebsiteDesign Networks, "Third-Party Materials" means any content, software, or other computer programming material that is owned by an entity other than MyWebsiteDesign Networks, and licensed by MyWebsiteDesign Networks or generally available to the public, including the Customer, under published licensing terms, and that MyWebsiteDesign Networks will use in the development of or to display or run a Custom Website. This excludes, without limitation any copywriting, graphic, video, music, sound manipulation to images or video supplied by the Customer to MyWebsiteDesign.

The graphics utilized from MyWebsiteDesign Networks graphics library (If requested) are licensed from third-party suppliers OR obtained on a free to use basis. MyWebsiteDesign Networks will provide Customer a limited, personal, nonexclusive, nontransferable license to use the graphics during the term of this Agreement. Upon written request, MyWebsiteDesign Networks will deliver the Customer's source files and database script, if applicable, at a pre-determined price indicated upon request from the Customer for the source code. The Customer will be required to remit full payment of the fees prior to MyWebsiteDesign Networks providing the information via a method agreed up between MyWebsiteDesign Networks and the Customer. Further, MyWebsiteDesign will bill pro-rata from the time of signup.

MyWebsiteDesign Networks reserve the right to refuse any material that it deems offensive

Definitions:

Review

Is considered to be entered upon first presentation of the design to the customer. The Review timeframe lasts 5 days at which point after, the status of the website will then switch to Deployment. The automatic update of the review status will take place if MyWebsiteDesign do not hear back from the customer regarding any amendments or changes that the customer wishes to effect. Should we receive communication during this timeframe, MyWebsiteDesign will effect the changes and then present the customer with the modifications at which point the status of the Website will then move into a Deployment status. The customer will be able to make as many changes as they see fit during this 5 day period.

Deployment

Is considered to be a final status and deemed to be a live service. The customer accepts that with no communication from them to MyWebsiteDesign during a review process, MyWebsiteDesign will accept the customers silence as assent to deploy their website.