Terms and Conditions Revision 2.8 - 27th September 2009
1. Scope of Agreement
Blue Sun Web (hereafter referred to as BSW) hereby sells the service to the User on the terms and conditions contained herein. The User is deemed to have read and irrevocably accepted the terms and conditions. BSW reserves the right to modify the terms and conditions at any time, effective upon posting of the modified terms and conditions to this URL: (http://www.bluesunweb.co.za/). It is the User's responsibility to ensure their awareness of any such changes.
2. Interpretation
In these terms and conditions:
2.1 "The User" or “The Customer” means the party who has purchased the service and/or any person using the service.
2.2 "The service" means the service provided by BSW to the User in accordance with the terms and conditions contained herein.
2.3 “Calendar Months Notice” means your notice period will only start on 1st of the following month
2.4 “Copywriting” is the use of words to promote a person, business, opinion or idea.
3. Provision of Service
3.1 The User shall be solely responsible for provisioning, configuration and maintenance of all his/her equipment, including (but not limited to) computer hardware equipment, telecommunication equipment, modems and the like, utilized by the User to obtain and retain access to the required service(s).
3.2 The User shall be liable for all telephone call charges and other third party costs incidental thereto.
3.3 BSW offers various services to the User, theses services do carry terms and conditions separate to what is noted in this agreement. Refer to point 12 for service specific terms and conditions.
4. Network & Availability of Services
4.1 The BSW Network may be used to link into other networks worldwide and the User agrees to conform to the acceptable use policies of these networks.
4.2 The User may not circumvent user authentication or security of any host, network, or account (referred to as "cracking" or "hacking"), nor interfere with service to any user, host, or network (referred to as "denial of service attacks").
4.3 Without prejudice to the a foregoing, BSW considers that any application that overloads the BSW Network by whatever means will be considered as making profligate use of the BSW Network and is as such NOT allowed. Use of IP multicast other than by means provided and co-ordinated by BSW is likewise prohibited.
4.4 Users who violate systems or network security may incur criminal or civil liability. BSW will fully co-operate with investigations of suspected criminal violations, violation of systems or network security under the leadership of law enforcement or relevant authorities
4.5 BSW shall make every effort to make the service available at all times and shall use its utmost endeavors to strive for 100 % (one hundred percent) “best effort" uptime. BSW is, however, unable to, and does not guarantee 100 % (one hundred percent) uptime.
4.6 BSW shall strive at all times to provide Users with prior notice, where possible, of scheduled maintenance so as to avoid Users having to log-off for any period
4.7 BSW shall not be responsible for the performance of external communications networks to which the service is connected, and which networks include the networks of Internet Service Providers other than itself.
4.8 The User accordingly indemnifies BSW against all claims that may arise as a result of BSW being unable to make its service available to the User under the circumstances described in this clause.
4.9 BSW will provide the service strictly subject to the terms and conditions prescribed by ICASA.
4.10 BSW shall be entitled to suspend the Services if, during the User's use of the Services, the BSW network is or potentially may be jeopardized, harmed and/ or impeded. However, should BSW be able to notify the User and/ or assist the User prior to the said suspension, BSW undertakes to provide the same.
4.11 BSW provides a usage based ADSL service. Usage is calculated by Web Africa, SAIX Or Internet Solutions , and such usage is considered as being accurate. BSW shall not be held responsible for any bandwidth loss or theft, as it is the customer's responsibility to ensure proper management of their usage.
4.12 Payment of your account is due on the 1st of each month, paid in advance for the following month's access. Accounts purchased within a month, will only last until the end of the month it was purchased in.
4.13 By logging in to your account, you automatically agree to these terms of service.
5. User Etiquette & Illegal Use
5.1 The User acknowledges and agrees that users are expected to abide by generally accepted Netiquette.
5.2 The User acknowledges that BSW is unable to exercise control over the content of the information passing over the BSW Network. Therefore, BSW is not responsible for the content. The BSW network may only be used for lawful purposes. The User shall accordingly not use the service in any manner which:
5.2.1 constitutes a violation of any law, regulation or tariff that may be in force in South Africa or elsewhere;
5.2.2 constitutes an act or omission that is generally unacceptable or offensive to Internet users in general, to the public at large or as same may be determined from time to time by BSW in its sole discretion, specifically including (but not limited to) the hosting of pornographic or other obscene material, spamming, hacking, unsolicited mailing or the use of material that violates export control laws;
5.2.3 is defamatory, fraudulent or deceptive;
5.2.4 is intended to threaten, harass or intimidate;
5.2.5 tends to damage the name or reputation of BSW;
5.2.6 interferes with the use and enjoyment of Internet related services of Users of BSW;
5.2.7 forwards or propagates chain letters or malicious e-mail; and/or
5.2.8 solicits mail for any other address other than that of the User, except with full consent of the owner of the referred address.
5.3 The User undertakes to abide by all laws applicable to copyright, re-distribution or re-sale of any data and/or information retrieved from the service and/or the Internet. Use, transmission, distribution or storage of any material protected by copyright, trademark, trade secret or other intellectual property right without proper authorization, is prohibited.
5.4 The User shall not, without the express written permission of BSW , resell or make available to any third party such services as they might receive from BSW.
5.5 The User acknowledges that third party product and service providers advertise their products and services on the BSW web site. Open ISP CC 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 the User. However, the User acknowledges and agrees that at no time is BSW making any representation or warranty regarding any third party's products or services, nor will BSW be liable to the User or any third party for any claims arising from or in connection with such third party products and services.
5.6 The User shall indemnify and keep BSW indemnified from any claim howsoever arising (lawful or otherwise), brought by any third party resulting from the User use of the BSW network and/or the telecommunication line and/or the Service. The User will pay all costs, damages, awards, fees (legal fees on an attorney and own client scale whether incurred prior to or during the institution of legal proceedings or if judgment has been granted, in connection with the satisfaction of such judgment) and judgments finally awarded against BSW arising from such claims, and will provide BSW with notice of such claims, full authority to defend, compromise or settle such claims and all reasonable assistance necessary to defend such claims, at the User's sole expense. BSW agrees that any actions taken by BSW in respect of such claims will be taken in consultation with the User, subject to BSW being entitled to run all legal proceedings.
6. Payment for Services
6.1 The User shall pay to BSW a monthly subscription as set out in the tariff guide appearing at http://www.bluesunweb.co.za/ or as noted on the service related contract or quotation.
6.2 Subscriptions are payable monthly or annually in advance by the User to BSW. Payment is to be rendered without deduction or demand by way of debit order, or electronic transfer. This amount is non-refundable.
6.3 Should the aforesaid payment not be paid by the end of the month preceding the month of usage, the service will be terminated forthwith. This is an automatic process; automated notification will be given to the User in advance the impending suspension of services.
6.4 In the event of a defaulting User wanting to make use of the service at any stage after being terminated, a reconnection charge can/will be levied.
6.5 Adhoc and monthly service fees can/may be paid via BSW's merchant facilities where agreed upon in advance in accordance with BSW's discretion.
6.6 All payments for services shall be made payable to BSW in South African Rands (ZAR).
6.7 All a bounced debit order incurs a fee of R50
6.8 All Credit Card charge back incurs a fee of R 200
7. Suspension / Disconnection of Services
7.1 BSW may at its sole discretion from time to time and without notice, suspend or disconnect a User from the Service in any of the following circumstances:
7.1.1 During any technical failure, modification or maintenance of the Service, provided that BSW will use its reasonable endeavors to resume the Service as soon as possible;
7.1.2 Should the User fail to comply with any of the Terms and Conditions of this agreement.
7.2 BSW reserves the right to levy a re-connection charge, an amount determined and calculated at the discretion of BSW, payable by the User on invoice, for any request to be re-connected to the Service, and irrespective of how the Service was suspended or disconnected.
7.3 Notwithstanding any suspension of the Service in terms hereof, the User shall remain liable for all charges due throughout the period of suspension unless BSW in its sole discretion determines otherwise in writing.
8. Termination and Cancellation of Service
8.1 BSW can terminate services with immediate effect without any written notice, consent and reason to the User
8.2 The User must give One Calendar months Written Notice by fax if they wish to cancel a service unless amended in a specific agreement.
9. Regulatory Compliance
The User undertakes to comply with all regulatory obligations that may now or in the future be imposed by the body under whose authority the service falls. The User furthermore acknowledges that the imposition of regulatory obligations by such body may necessitate amendments to be effected to these terms and conditions and hereby consents to BSW effecting such amendments without prior notice.
10. Indemnity
The User hereby indemnifies and holds BSW, its employees, agents, dealers and/or distributors harmless against any and all losses, injury, damage, penalties and/or claims of whatsoever nature and howsoever arising from or in connection with the service.
11. General
11.1 The User acknowledges and agrees that these terms and conditions govern the Users use of the service and that there are no other agreements, guarantees or representations, either verbal or in writing, in regard thereto.
11.2 The User shall not, without the express written permission of BSW, resell or make available to any third party such services as they might receive from BSW.
11.3 These terms and conditions may change from time to time. The User may view such terms and conditions at http://www.bluesunweb.co.za/ and unless otherwise notified, BSW shall deem that the User has acknowledged and agreed there to within 14 (fourteen) days of such changes being effected.
12. BSW Service Specific Terms and Conditions
12.1 Content Management System (CMS) and Web Development
The CMS website will be developed and hosted by BSW
Should the website subsequently be hosted elsewhere, certain functionalities that are driven by the CMS may cease to function properly. The User (here after referred to as ‘I’) can insert content not available at the commencement of development at a later stage. I understand that the development can’t wait for content. The CMS caters for easy uploading and changing of data. I understand that BSW has copywriting and photography services available which are available at additional costs.
12.2 Domain Registration
12.2.1 BSW will not be held liable for any disputes arising out of domain name registration and renewals.
12.2.2 BSW will not be held liable for any losses or damages the customer may suffer due to a domain name being reallocated, transferred or deleted by any Domain Name Authority or NIC.
12.2.3 BSW will not issue any credits for domain names where the customer has requested the wrong domain name to be registered.
12.2.4 BSW will retain the ownership of the domain name in the event of the customer's cancels its services with us.
12.2.5 BSW will release domains to customers subject to R 350 domain cancellation/release fee.
12.2.6 It is assumed that BSW will maintain control of any newly registered domains on your behalf. Should the DNS records need to point elsewhere, kindly advise us in advance.
12.2.7 BSW subscribes to the Terms and Conditions set out by the Registrar / their governing bodies. Please click here http://www.icann.org/dndr/udrp/policy.htm to keep up to date with these policies.
12.3 Development Process
12.3.1 I understand that that my website will be developed by a team of people in a production line. I will be allotted time-slots within the Production Room to develop my website. My input is required during the development process to ensure that allotted times are fully utilized.
12.3.2 Artwork, content and website approvals, feedback and changes need to happen within 48 hours.
12.3.3 Subsequent changes to the brief and approved artwork may incur additional fees.
12.4 Fees & Payment
12.4.1 Payment for development fees for orders above R 6000 are based on a 60% deposit and the balance payable on completion of the development of the website before website goes live. Upfront payment is required for all development orders less than or equal to R 6000. Hosting fees are payable monthly in advance.
12.4.2 Web Hosting Charges commence immediately on date of order.
12.4.3 Support charges will commence once the development of the website has been completed
12.4.4 Websites are activated once the development fees are paid in full.
12.4.5 All deposits are strictly non refundable.
12.4.6 Fees for services may increase / decrease from time to time. All clients will be notified of such accordingly when we invoice them.
12.4.7 Additional work is done on a time and material basis at rates prevailing at that time.
12.5 My Website Builder
12.5.1 My Website Builder is an Online Site Builder software is provided without any warranty of any kind.
12.5.2 BSW reserves the right to disable My Website Builder feature at any time without notice.
12.5.3 It’s the customer responsibility to build their own website; if the customer wants BSW to build the customer will be billed on a time and materials basis.
12.5.5 Site Builder Support is billable at standard hourly rates prevailing at that time.
12.6 Website Content or Website Copywriting
12.6.1 A Website Copywriter specializes in creating content for the website, and responsible for grammar and punctuation checking of the content to go on the website. The customer understands that BSW web developers and designers cannot assume the role of Website Copywriters. BSW can offer Website Copywriting services to the customer at an additional cost otherwise customers will be responsible for their own Website Copywriting services.
12.6.2 In instances where the Customer is responsible for their own Website Copywriting and BSW is responsible only for adding the given information to the web, the customer must provide BSW with content (images and text) in digital format according to the structure of their proposed website (e.g. Home Page, About Us, Product and Services Information etc.) where BSW can extract the information by copying and pasting to a Microsoft Word Document, otherwise the customer will be billed on a time and materials basis for the effort to convert content to the required digital format.
12.6.3 The Customer furthermore understands that all images and Logo’s that are to be placed on the website must be provided in digital jpeg format at minimum 72 PPI/DPI resolutions.
12.7 Web Hosting
12.7.1 Illegal Activity
Blue Sun Web maintains a high-level of web hosting service , and a lot of customers that depend on our longevity. As such, we will not provide services to those that are using our services for:
12.7.1.1 Hacking, which includes penetrating or attempting to penetrate computer, or unauthorized networks. Port scans, stealth scans, and fraudulent credit card "phishing" techniques are additionally prohibited.
12.7.1.2 Hosting of pirated files, software and music for the use of distribution, or otherwise.
12.7.1.3 Spamming, or sending of bulk unsolicited email. BSW maintains a strict policy on spamming, and the sending of commercial messages by use of our services, or by maintaining an open SMTP connection. Blue Sun Web reserves the right to refuse service, and to suspend a website based on complaints submitted and verified by SpamCop, and other Spam organizations.
12.7.1.4 Violations of intellectual property rights, rights of publicity, and privacy is strictly prohibited.
12.7.1.5 Hate content, or content that allows for obscene, abusing, and what could be considered libelous and defamatory is strictly prohibited use of our services.
12.7.1.6 Child pornography, including the use of our services to post, display, and store child pornographic images is prohibited by law. If this information is found, and brought to our attention, the proper law enforcement agencies will be notified.
12.7.1.7 Adult pornography, including the use of our services to post, display, and store child pornographic images is prohibited by law. If this information is found, and brought to our attention, the proper law enforcement agencies will be notified.
12.7.1.8 Disruptive use of our services is additionally prohibited. While our shared services are a great match for the bulk of our customers, there simply becomes a time for some websites that they are best on a larger plan, which allows for more dedicated CPU and memory resources. A website that is poorly coded, or simply has a large number of simultaneous visitors may be unfit for a shared environment. As such, we reserve the right to make this decision at our sole discretion, based on a CPU and memory policy of 10%. This means, that if your website is found to be utilizing more than 10% of the CPU and memory of the service, we reserve the right to stop or correct the violation. Upon this, we will at the customer’s convenience provide alternative options, and a prorated refund. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, BSW will do its best in providing a warning prior to suspension, but Blue Sun Web holds no obligation in doing so.
12.7.2 Your monthly hosting fee includes ongoing web hosting support, bandwidth and hosting of your website but excludes support for web development, CMS and Site Builder Projects.
12.7.3 The Customer is responsible for backing up their own web hosting data using the backup facilities of their web hosting account control panel. BSW will not be responsible for loss of data for any reason what so ever.
13. Agreement Activation
This agreement becomes active once you submit your order with Blue Sun Web. If you are an existing customer, and you do not agree with the terms herein, please cancel your account. If you have any questions regarding them, feel free to call us for clarification.