(If you do not understand any part of the Terms or need further clarity, please don't hesitate to contact us.)
By viewing this website or signing up for any of our services you agree to be bound by all the Terms hereinafter.
This website is operated from within the Republic of South Africa.
We make no representation that our website, products or services, are appropriate or available for use in other locations.
DIYweb4U (Pty) Ltd hereinafter referred to as 'DIYweb4U, us, our or we'.
DIYweb4U employees, agents, affiliates, representatives, licensors, suppliers, third party providers, advertisers, subcontractors, are hereinafter collectively referred to as 'affiliates'.
Resellers are hereinafter referred to as 'reseller, you, your, user'.
Reseller clients are hereinafter referred to as 'client, user'.
User also refers to any other person viewing this website, or using our products or services.
Our products and services shown on the Website Builder Packages page and the Reseller Plans page, but not limited to these, are hereinafter referred to as 'package', 'products' and/or 'services'.
Changes to Terms
The need to keep our products and services up-to-date with a wide range of factors such as, but not limited to, technology, coding practices and protocols, third party suppliers such as hosting, internet service providers, and others, and our agreements with third parties, and to present our resellers and clients with a modern and sustainable product, may, due to the nature of these changes, also necessitate a change in these Terms.
In such cases we will post a Notice in your Admin Panel regarding the changes.
You agree that if you have any queries regarding the changes, you will communicate this to us via email within 30 days of the notification being posted.
You fully understand the reasonable need for this clause and accept that if you continue using this website or services after this period, then you agree to be bound by the updated Terms.
You agree that no joint venture, partnership, affiliation, employment, agency relationship, or endorsement, exists between you and us as a result of this Agreement, or your use of this website or services; nor does the hosting of any client's website or services imply endorsement or sponsorship of, or association or affiliation with the client or the content and operation of the client's website, by us.
IF AT ANY TIME YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEBSITE, SERVICES OR TERMS, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE AND SERVICES.
In order to use the services, you must first complete the registration form.
Registration is restricted to individuals:
1) that are 18 years of age and above;
2) that may legally enter into a binding and enforceable agreement.
In registering you are required to provide personal information and you warrant that the information provided is complete, accurate and true.
We do not intentionally gather personal information about visitors who are under the age of 18.
If we discover that a registered user is underage, the account will be terminated immediately and all records of personal information deleted, without any communication entered into.
We reserve the right to refuse service to anyone, or to terminate any account that does not comply with these Terms, without giving any reason, with or without notice, and you agree that you may not claim any restitution or refund of any amount you have already paid, regardless of whether you have used the services or not.
Once terminated, your data will be deleted and no backups will be kept.
Reseller Account Activity
As a reseller, you will be solely and fully responsible for all activities that occur under your user account (including for any representations, warranties and undertakings made therein), whether or not specifically authorised by you.
Reseller Client Relationship
Your relationship with your client is strictly between you and your client.
We will not be a party to any agreement you have with your client.
Reseller Client Compliance
We reserve the right to close or suspend your client's account if we find that they are in contravention of our or any of our third party supplier terms.
You accept that white label privacy is in no way guaranteed and we cannot be held responsible for any failure of its privacy.
In the event your client contacts us, we will direct them to contact you.
If you fail to support your client and we receive communication from your client stating that you have not been responsive, we would attempt to contact you via email and phone. If you fail to respond, we reserve the right (but are not obligated) to communicate and deal with your client directly.
If a client thereafter wishes to continue using our services, they would need to register as a new client through our website registration form.
Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
Domain Name - Legal
It is the sole responsibility of the domain name owner to ensure that the domain name does not violate any laws, nor infringe on copyright, trademark or intellectual property rights.
The use of any domain name that is considered offensive, immoral, defamatory, libelous, or in violation of any local or international law is strictly prohibited.
Domain Names are also subject to the terms and policies specified by domains.co.za and ICANN (Internet Corporation for Assigned Names and Numbers).
We reserve the right to refuse to host or register any domain name at our sole discretion.
Representations and Warranties
If you are registering the domain for a third party, you hereby represent and warrant that you have
(a) provided notice to that third party of the disclosure and use of that party's information for this purpose, and
(b) that you have obtained that third party's express consent to the disclosure and use of that party's information.
You further represent that, to the best of your knowledge and belief, neither the registration of the domain nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. You further represent and warrant that all information provided by you in connection with the domain registration is accurate.
Domain Name - Expiration and Renewal
We automatically renew all domain names, under your account, annually before their expiry date, provided there are no outstanding payments owed to us by you, or any other reason which may prevent us from renewing a particular domain name.
If you close your account, or we close your account due to non payment or any other reason, then we will communicate with you regarding the domain name renewals under your account. If in the event you are non responsive, we reserve the right (but are not obligated) to contact your clients directly.
Domain Name and Website - Transfer
DIYweb4U services are offered only to, and solely for use by, client websites and email services that are hosted on our server, and client domain names that are registered within our domain registration management platform.
Your client's website and/or online shop may not be transferred away from DIYweb4U. If you transfer their domain name away from DIYweb4U, or point their domain to another server, they will no longer have a website and will need to setup a complete new website on their new hosting server.
If you request to have a domain pointed to another server, then an annual renewal cost will apply.
Please note: In accordance with ICANN rules:
You are solely responsible for ensuring the confidentiality of all passwords under your account.
If you suspect that a password has been compromised you should immediately advise us of this fact by email.
We cannot be held liable for misuse of passwords, whether caused by your or your clients' negligence, or password hacking.
You acknowledge and agree that any activity under your account, that is made using these passwords, shall be attributed to you.
You may cancel your DIYweb4U account at any time. Any fees paid to DIYweb4U, pro rata or otherwise, are non-refundable.
When you visit diyweb4u.co.za or send emails to us, you are communicating with us electronically.
You consent to receive communications from us electronically.
We will communicate with you either directly by email, or by posting notices on the diyweb4u.co.za website.
Email communication will be sent to the email address which you used when signing up.
You agree to monitor this email address regularly and to respond promptly, if required.
In the event that you do not respond to our email communication, we reserve the right to send emails to your client's domain email addresses.
YOU EXPRESSLY AGREE THAT ALL AGREEMENTS, NOTICES, DISCLOSURES AND OTHER COMMUNICATIONS THAT WE PROVIDE TO YOU ELECTRONICALLY WILL SATISFY ANY LEGAL REQUIREMENTS THAT SUCH COMMUNICATIONS BE IN WRITING.
Email Address Change
Any communication from you must be sent from the email address that you used when registering on our website.
Please notify us timeously of any change in this contact email address.
Should it be discovered that a user is performing bulk mail runs, that user's account will be deactivated.
Unsolicited Email - Spam
Examples of Unsolicited Communication:
Mailing list operators should maintain meaningful records of recipient requests and their consent to receive said email communications.
There should also be an option for the recipient to unsubscribe from receiving further email communications.
If we receive a spam complaint regarding any user under your account, in order to establish if the communication was unsolicited, we may ask you to verify whether the recipient agreed to receive those communications and if so, when and where was the recipient's email address recorded.
We reserve the right to suspend or terminate the account of any user who sends out unsolicited email, otherwise known as spam, with or without notice.
Should a user infringe this policy, the user of that account will be held liable for any costs incurred by us or our hosting provider, both monetary and in reputation.
Client Hosting and Billing
Billing for your client starts from the moment their hosting package is created.
Each client has their own domain name, website hosting, and email account.
You may not host more than one client per account - no shared accounts or sub domains allowed, eg: client.domainname.co.za
You are billed directly, and are responsible for all client payments under your reseller account.
All payments are made monthly in advance.
The price you charge your clients for the Package, or your own personal services, is entirely up to you.
Changes to Fees
We don't impose price increases, however, certain circumstances such as an increase in the cost of our suppliers' services or inflation, may necessitate a slight increase. If such change occurs, we will post the new pricing on our website, and notify you via email. You will be billed, at the revised price, thirty days after the next billing cycle.
Billing and Payment:
You are invoiced in advance before the end of the month and payment is expected on/before the 1st of the following month.
If payment is not reflected in our account by the 7th, you will be emailed a reminder invoice and given a further 7 day extension to make payment.
If payment is not received, or an arrangement made, your account may be suspended.
Once your account has been suspended, all client accounts (including website, email and other access), under your account, will be non-functional.
We will accept no responsibility for any loss or damages caused, including loss of data or transactions during this period.
The accounts will be reactivated within 24 hours of receipt of payment plus a R100 reactivation fee per client account.
If payment is not received within 30 days after account suspension, your account may be terminated.
Please note: Once a user account is terminated/closed (by either us or you), all files, data and mail, are deleted and no backups are kept.
For this reason, we reserve the right (but are not obligated), to contact your clients independently, before deleting their accounts.
Users may only use content which they own, have created or which they have clear permission to use. Users fully understand and agree that they are solely responsible for all content that they apply, or generate, through the use of our services.
By using this website and services, you acknowledge and accept that:
You agree that you are solely and legally responsible for:
We will not be held responsible for your inability to use DIYweb4U services, due to your lack of the requisite knowledge and skills.
You may not enable or allow others to access or use the service, software, or content, or your account information.
Client disc space may only be used for:
We do not allow the server to be used for storage of any sort; this includes but is not limited to any of the following:
We are not obliged to review, nor are we responsible for any content on a client website, however, we reserve the right to:
You acknowledge that you have no objections whatsoever, and expressly consent to such monitoring and actions taken by us.
We are not responsible for client files, content or data.
Users are expected to, and are solely responsible for maintaining an independent, off site, backup of all user inserted content, and user uploaded files and images, stored on DIYweb4U servers to, for example their own local computer or external disc.
As a courtesy, a backup service is maintained in which files are kept for a maximum of two weeks before being replaced with the latest incremental version.
We do not guarantee backups because:
This website and services contain links to third party websites.
We make no warranties, claims or endorsements, for any third party services.
Please note: When a user clicks on any of these links, the user is entering another website for which we have no responsibility or control.
Users agree that we shall not be responsible for any loss or damage of any sort incurred as a result of the user's use of any third party sites or services, whether or not the user was linked to, or directed to a third party site or service through our website or services.
Users further acknowledge that they are solely responsible for complying with any third party terms of service.
This website and services makes use of stock images supplied by third party websites.
Although care has been taken not to contravene third party property rights, users agree that if they make use of these images, they do so at their own risk.
Users agree that we shall not be responsible for any loss or damage of any sort incurred as a result of their use of any of these images.
Our Intellectual Property
All rights, titles, interests, trademarks, trade names, logos, slogans, software, scripts, programs, images, electronic data, media, online tools, tutorials, Website Builder, page editor, admin panels, coding, templates (excluding user inserted content), is and shall remain our exclusive property, whether registered or not, or that of third party proprietors.
All moral rights reserved.
You acknowledge and agree that we do not grant you, or any user, nor do you, or any user, acquire any ownership rights to DIYweb4U intellectual property (or any part thereof), by using this website or services, and that these Terms do not convey any right or interest in or to DIYweb4U's intellectual property (or any part thereof), except only for the limited license expressly granted below.
DIYweb4U services and intellectual property are not offered for sale or unbridled use, and may not be transferred away from DIYweb4U or to another web host or internet service provider.
Users, may not use the name DIYweb4U on any website, or any of the foregoing in any advertising, publicity or in any other commercial manner without our prior written consent.
You will not imply or state, directly or indirectly, that you are affiliated with or endorsed by DIYweb4U.
The hosting of any user site by us does not imply endorsement, sponsorship, association or affiliation with the user, business, content or operation of the user's website, by us.
Nothing in these Terms constitutes an assignment or waiver of our intellectual property rights under any law.
User Intellectual Property
User's domain name and all intellectual property pertaining to their user inserted content, ie: the text which they inserted, and the logos, images, audio and video files, and documents, which they uploaded, remain theirs if they transfer their domain away.
users are granted a limited, non-exclusive, non-transferable, non-sub licensable licence to access and use this website and services, solely in connection with the creation of a website hosted on our Server.
Users may not:
All rights not expressly granted in these Terms are reserved by us and no licenses are granted by implication or estoppel.
We explicitly do not allow any of the following content or links to such content, on any website hosted by us, which could be categorised as:
The designation and interpretation of the above content is left entirely to our sole discretion, and no communication will be entered into regarding this.
You may not access or use this website or services for analysis purposes or for any reason other than to build a legitimate website.
You will comply with all applicable laws, rules and regulations regarding your website and content.
Any activity or conduct that is in breach of any applicable law, code or regulation may make you liable to a fine or imprisonment.
Failure to adhere to the rules, guidelines or agreements applicable to search engines, subscription web services, chat areas, bulletin boards, web pages, applications, or other services that are accessed via a link from your website is a violation of these terms.
You may not attempt to gain unauthorised access to, or otherwise violate the security of our hosting servers, network, data, or other systems.
You may not upload, post, email, transmit, make available or initiate any content that contains viruses, spyware, malware, worms, time bombs, cancel bots, root kits, Trojan horses, or any other similar file, code, software or program.
We may suspend or terminate your or your client's account without any warning and without refunding any payments, and/or notify the authorities of the existence of such activity.
To the fullest extent permitted by law, neither us nor our affiliates are liable to reseller, client, or any other person for damages of any kind, including without limitation, any punitive, exemplary, consequential, incidental, direct, indirect or special damages (including, without limitation any personal injury, suffering or emotional distress; lost revenue, income, profits or anticipated savings; loss or interruption of business, goodwill, services, licences; loss of programs or other data on reseller, user, client or any other person's computer, or otherwise) arising from or related to the use of this website or services, or any third party content available on or through this website or services, whether under a theory of breach of contract, strict liability, negligence, malpractice or otherwise, whether foreseeable or not, even if we and/or our affiliates have been advised of the possibility of such damages. You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for our services to you, and such limitations will apply even if we have been advised of the possibility of such liabilities.
UNCONDITIONAL AND FULL GENERAL RELEASE
Reseller hereby releases us and our affiliates, and holds us and our affiliates harmless from any and all claims, demands, actions; causes of action; suits in equity; and damages of every kind and nature (including, without limitation, actual, special, incidental and consequential), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the use of this website or services; your content, commercial products, or any third party content available on or through our website and/or services.
Reseller hereby waives the provisions of any law limiting or prohibiting a general release.
DIRECT DAMAGES LIMITED
Our maximum liability for all claims for direct damages will be the equivalent of the reseller's setup fee of three hundred and eighty rand (R380).
No action may be brought by you for any breach of these terms, more than one (1) year after the accrual of such cause of action.
In no event shall our cumulative liability to you exceed amounts paid by you to us for the use of our services.
If you have not made any payments to us for a period of (2) two months or longer, for the use of our services, preceding the cause of such action, then we shall not have any liability towards you.
You agree and acknowledge that the use of our services, including reliance on our services, is entirely, to the maximum extent permitted by applicable law, at your own risk. We are not responsible for the acts or omissions of any user.
You agree to indemnify, hold harmless, and defend us and our affiliates (collectively "indemnified parties") from and against any and all liability, loss, claim, damages, expense, or costs, (including, but not limited to, attorney's fees), incurred by or made against the indemnified parties in connection with any claim arising from or related to your (or anyone using your accounts) use of this website or services;
This includes, but is not limited to, any breach or violation of this Agreement by you or anyone utilising your account.
You agree to fully cooperate at your expense as reasonably required by an indemnified party.
Each indemnified party may, at its election, assume the defence and control of any matter for which it is indemnified hereunder.
You shall not settle any matter involving an indemnified party without the consent of the applicable indemnified party.
This website and services are provided "as is," "as available," "with all faults," and without any warranty of any kind, express or implied.
To the fullest extent permissible under applicable law, we and our affiliates, disclaim all warranties of any kind, either express or implied, including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.
Without limiting the foregoing, neither us nor our affiliates warrant that access to our services, available on or through this website, will be uninterrupted or error-free, or that defects, if any, will be corrected; neither do we nor our affiliates make any representations about the accuracy, reliability, currency, interoperability, compatibility, quality, completeness, usefulness, performance, integrity, security, legality, or suitability of this website or services.
Neither us nor our affiliates, warrant that this website, its servers or our services, or any email sent from us, our affiliates or any third party providers, are free of viruses or other harmful components; nor do we or our affiliates warrant the privacy or integrity of, email, data, information or content, received, stored or transmitted via our system, the internet or any other network.
You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use our website and services, and all charges related thereto.
You expressly agree that you assume all responsibility and risk for your use of our website and services, and your reliance thereon.
No opinion, advice or statement by us or our affiliates, whether made on this website, in the software or otherwise, shall create any warranty.
Subject to any applicable law, all disputes between you and us shall only be resolved on an individual basis and you shall not have the right to bring any claim against us as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).
South African law governs this Agreement and you agree to submit to the exclusive jurisdiction of the Magistrates Court of South Africa, in the province and city determined solely by us, to resolve any legal matter arising from this Agreement, or related to your use of this website and/or services.
Any heading, caption or title in this Agreement is only for reference and in no way defines or explains any section hereof.
Changes to Website
We may change or stop publishing this website with 30 days notice and will not be responsible for any consequences.
In the event of any inconsistency or conflict between these Terms and any of our Third Party supplier Terms, DIYweb4U Terms shall take precedence.
If any provision of this Agreement is unenforceable, the balance of this Agreement remains in full force.
If we fail to enforce any of this Agreement, it will not be considered a waiver.
Any amendment to or waiver of this Agreement must be made in writing and signed by us.
Neither party is liable for any default or delay of its obligations under this Agreement (other than failure to make due payments) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including without limitation, fire, flood, acts of God, labour disputes, accidents, or the failure of any third party to supply the products or services required for such party to perform its obligations herein.
Breach of Agreement
Neither party is responsible for breach of this Agreement caused by circumstances beyond its control; either party may cancel the Agreement on written notice to the other if the circumstances persist for more than 60 calendar days.
We may occasionally send you notifications via email or sms, regarding promotions, updates or handy tips. If you do not want to receive these notices, please notify us at any time.
You may not assign or transfer this Agreement, or any of your rights or obligations hereunder, without our prior written consent.
We may assign our rights and obligations under this Agreement without your consent or prior notice to you.
You accept that we do not provide any legal advice or any recommendation with respect to any laws or legal requirements, or your compliance therewith.
YOU AGREE THAT THE ENTIRE TERMS OF THIS AGREEMENT ARE REASONABLE.
If you do not think they are reasonable, you must not use this website or services, or alternatively, let us know if you wish to negotiate a few of your terms.
Thank you for taking the time to read through the Terms.
We look forward to being of service to you.
If you have any questions or comments, concerning the Terms, you are welcome to