(If you need further clarity or wish to discuss any of these terms, please don't hesitate to contact us)
By viewing this Website (Site) or signing up for any of our services you agree to be bound by all the Terms hereinafter.
This Site is operated from within the Republic of South Africa.
We make no representation that this Site is appropriate or available for use in other locations.
DIYweb4U.co.za owners are hereinafter referred to as 'DIYweb4U, us, our or we'.
Any visitor to the Site is hereinafter referred to as 'client, you, your or user'.
DIYweb4U partners, employees, agents, affiliates, representatives, licensors, suppliers, advertisers and subcontractors, are hereinafter collectively referred to as 'affiliates'.
The Packages shown on the Pricing page are hereinafter referred to as 'Services'.
Changes to Terms
These Terms may be revised at any time and it's the user's responsibility to review them regularly.
If you continue using this Site or Services after the changes, then you agree to be bound by the Terms.
You agree that no joint venture, partnership, employment, or agency relationship, exists between you and us as a result of this agreement, or use of this Site or Services.
IF AT ANY TIME YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, SERVICES OR TERMS, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE AND SERVICES.
In order to use the Services, a user 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 correct.
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, user's data will be deleted and no backups will be kept.
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 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.
Domain Name - Expiration
If you close your account, or we close your account due to non payment or any other reason, then you are solely responsible for the domain renewal and costs thereafter. If you do not renew the domain name it will become available for registration.
You cannot return or exchange a domain name.
See also: Client Site and Intellectual Property
Domain Name - Registration, Transfer and Cost
See FAQ Domain name
You must change your password immediately upon your first login, and must change it frequently thereafter.
Passwords should consist of at least 11 mixed numeric and alpha characters with case variations (numbers, upper case and lower case letters).
You should not use names or common words and should change the password regularly.
You are solely responsible for ensuring the confidentiality of your password.
If you suspect that your password has been compromised you should immediately advise us of this fact by email.
We cannot be held liable for misuse of your password, whether caused by your negligence, or password hacking.
You acknowledge and agree that any activity on your account, that is made using your password, shall be attributed to you.
We take a proactive approach to protect the privacy of our users when submitting personal information through forms on this website.
By providing personal information to diyweb4u.co.za you consent to us storing and processing the information.
We are the sole owners of the information collected on this Site, and retain all rights to non-personal statistical information.
We do not sell, rent, trade or share your Personal Information with third parties, unless required to do so by law.
Any feedback, comments, questions, answers, or the like, which you send to us, is treated as non-confidential and non-proprietary.
Like many websites today, diyweb4u.co.za makes use of Google Analytics for statistical purposes.
Google Analytics stores cookies, on the viewer's computer, which are used for web browser and tracking purposes.
No personal information is collected.
You can control and/or delete cookies as you wish – for more information see: AboutCookies.org
Third Party Links
diyweb4u.co.za contains links to external sites.
Please be aware that we are not responsible for the content, security or privacy practices of such other sites.
Users click on external links solely at their own risk.
This website is protected by SSL (Secure Sockets Layer).
All information sent via the website forms is encrypted to prevent snooping by a 3rd party.
SSL is the standard security technology for establishing an encrypted link between a web server and a browser.
This link ensures that all data passed between the web server and browsers remains private and integral.
SSL is an industry standard and is used by millions of websites in the protection of their online transactions with their customers.
We take commercially reasonable care to safeguard the information provided by you to diyweb4u.co.za from unauthorised access or disclosure, whilst it is expressly recorded that we do not infer or guarantee that the safeguards will provide absolute protection.
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 directly by email, or by posting notices on the diyweb4u.co.za website.
Email communication will be sent to your domain's primary email address.
You agree to monitor this email address regularly and to respond promptly, if required.
Any communication from you must be sent from the same primary email address.
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.
Registered Clients will be provided with a Webmail link whereby they can:
Please note: You must notify us timeously of any change in your email address.
Should we discover that you are performing bulk mail runs, we will deactivate your account.
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, in order to establish if the communication was unsolicited, we may ask you to verify whether the recipient agreed to receive communications from you and if so, when and where you recorded their email address.
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.
As a DIYweb4U client, should you infringe this policy, you will be held liable for any costs incurred by us, both monetary and in reputation.
You are invoiced in advance before the end of the month and payment is expected on/before the 1st of the following month.
Payments are made via Payfast Secure Online Payment Processing
Cheque payments are not accepted.
Defaulting on Payment:
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, all your account services will be suspended.
Once your account has been suspended all web, email and other access to the account will be non-functional.
We will accept no responsibility for any loss of data or transactions during this period.
The account will be reactivated within 24 hours of receipt of payment plus a R100 reactivation fee.
If payment is not received within 30 days after account suspension, your account will be terminated.
Please note: Once an account is terminated/closed (by either us or the client), all files, data and mail, are deleted and no backups are kept.
Your domain name and all intellectual property pertaining to your User inserted content, including any, text, logos, images, audio and video files, remain yours if you decide to host elsewhere.
Transferring away from DIYweb4U: Your website may not be tranferred away from DIYweb4U. If you transfer your domain away from DIYweb4U you will no longer have a website, you will need to setup a complete new website on your new Hosting Server. See also: DIYweb4U Intellectual Property
By using this Site 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.
The products and services supplied and/or sold by DIYweb4U are only for use by the client and may not be lent out, shared, transferred, resold or in any other way redistributed. Client will not enable or allow others to use the service, software, or content using client's account information.
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.
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 the client's 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's files, content or data.
Client is expected to, and is solely responsible for maintaining an independent, off site, backup of all content, files and images, stored on DIYweb4U servers.
Client is strongly advised to frequently backup data to, for example: client's 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 Site and Services contains links to other third party websites.
We make no warranties, claims or endorsements, for any third party services.
Please note that when you click on any of these links, you are entering another website for which we have no responsibility or control.
You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of your use of any Third Party Sites or Services, whether or not you were linked to, or directed to, a Third Party Site or Service through our Site or Services.
You acknowledge that you are solely responsible for complying with any Third Party terms of service.
This Site and Services offer stock images supplied by third party websites.
Although care has been taken not to contravene third party property rights, you agree that if you make use of these images, you do so at your own risk.
You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of your use of any of these images.
All rights, titles, interests, trademarks, trade names, logos, slogans, software, scripts, programs, images, electronic data, media, online tools, tutorials, website builder, page editor, admin panel, 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 nor do you acquire any ownership rights to DIYweb4U Intellectual Property by using this Site or Services.
(See also: Client Site regarding your intellectual property and domain name)
DIYweb4U Services are offered only to, and solely for use by, user sites that are hosted by DIYweb4U.
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.
You may not use the name DIYweb4U on your 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.
You are granted a limited, non-exclusive, non-transferable, non-sub licensable licence to access and use this Site and Services, solely in connection with the creation of a website hosted on our Server.
You may not:
All rights not expressly granted in these Terms are reserved by us and no licenses are granted by implication or estoppel.
You may only use content which you own, have created or which you have clear permission to use.
We explicitly do not allow any of the following content or links to such content, on any user's Site, 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.
Client will comply with all applicable laws, rules and regulations regarding the client's 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 unauthorized 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 client's account without any warning and without refunding any payments, and/or notify the authorities of the existence of such activity.
NEITHER US NOR OUR AFFILIATES ARE LIABLE TO USER, 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 USER, CLIENT OR ANY OTHER PERSON'S COMPUTER, OR OTHERWISE) ARISING FROM OR RELATED TO THE USE OF THIS SITE OR SERVICES, OR ANY THIRD PARTY CONTENT AVAILABLE ON OR THROUGH THIS SITE 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.
UNCONDITIONAL AND FULL GENERAL RELEASE
CLIENT 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 SITE OR SERVICES; YOUR CONTENT, COMMERCIAL PRODUCTS, OR ANY THIRD PARTY CONTENT AVAILABLE ON OR THROUGH THIS SITE.
CLIENT 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, BY CLIENTS PAYING ON A MONTHLY BASIS, IS ONE MONTHS HOSTING FEE OR R199, WHICHEVER IS LESS.
IF CLIENT PAID IN ADVANCE FOR A YEAR THEN:
OUR MAXIMUM LIABILITY TO CLIENT FOR ALL CLAIMS FOR DIRECT DAMAGES WILL BE A MAXIMUM OF R2388 (DEPENDING ON CLIENT'S PACKAGE), LESS THE TOTAL OF MONTHLY PAYMENTS OWED TO US FOR THAT YEAR.
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:
1) YOUR DOMAIN NAME
2) YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE SITE OR SERVICES;
3) YOUR CONTENT;
4) ANY COMMERCIAL PRODUCTS YOU OFFER ON OR THROUGH YOUR SITE.
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 SITE 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 THE SITE, OR SERVICES AVAILABLE ON OR THROUGH THIS SITE, 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 THE SITE OR SERVICES.
NEITHER US NOR OUR AFFILIATES, WARRANT THAT THIS SITE, ITS SERVERS OR SERVICES, OR ANY EMAIL SENT FROM THE SITE, 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 THE SITE, AND ALL CHARGES RELATED THERETO.
YOU EXPRESSLY AGREE THAT YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND SERVICES, AND YOUR RELIANCE THEREON.
NO OPINION, ADVICE OR STATEMENT BY PROVIDER OR ITS AFFILIATES, WHETHER MADE ON THE SITE, IN THE SOFTWARE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
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 Site 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.
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.
Client may not assign or transfer this Agreement, or any of its rights or obligations hereunder, without our prior written consent.
We may assign our rights and obligations under this Agreement without the consent of client.
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.