FAQ Terms and Conditions
1. DISCLAIMER FOR LIABILITY
1.1 The client shall have no claim against Frequently Asked Questions (Pty) Ltd and the client hereby indemnifies and holds Frequently Asked Questions (Pty) Ltd free from liability in respect of any loss or damage:
1.1.1 caused by or arising from any fact or circumstances beyond the reasonable control of Frequently Asked Questions (Pty) Ltd ; or
1.1.2 if such loss or damage is consequential or incidental loss or damage; or
1.1.3 any downtime, outage, interruption in or unavailability of the server or the Frequently Asked Questions (Pty) Ltd network as a result of or attributable to any of the following causes:
188.8.131.52 software service, repairs, maintenance, upgrades, modification, alterations or replacement;
184.108.40.206. system downtime for any reason (including, but not limited to, service, repairs, routine maintenance, agreed maintenance, environmental maintenance, upgrades, modifications, alterations, replacement or a relocation of premises);
220.127.116.11. any breakdown of whatever nature and howsoever arising in any of the services provided by Telkom (including, but not limited to, line failure) or in any international services or remote mail servers;
18.104.22.168. the non-performance or unavailability, of whatever nature and howsoever arising, of external communications networks to which the server or the Frequently Asked Questions (Pty) Ltd network is connected;
22.214.171.124. any infringement of the client's rights of privacy and/or any other like rights (including those of any other person or entity), by any person whomsoever arising from the hosting of the client's web site in terms of this agreement;
126.96.36.199. any breach of security by any third party or any breach of confidentiality by a third party or otherwise arising from any access howsoever obtained by a third party to the clients information, data or content;
188.8.131.52. the damage, contamination or corruption of any kind of the server or any of the clients data, material, information and / or content howsoever occasioned;
184.108.40.206. the service, repairs, maintenance, upgrades, modification, alterations or replacement of hardware forming part of the server or any faults or defects of whatever nature in the hardware;
220.127.116.11. any service, repairs, maintenance, upgrades, modification, alterations, replacement or work of any nature done on the server by any third party;
18.104.22.168 any inaccuracies in the impression statistics given to the client or in the page counter on the clients web site;
1.1.4. without limiting the foregoing, as a result of any fact, cause or circumstances whatsoever and howsoever arising if Frequently Asked Questions (Pty) Ltd has substantially performed its obligations under this agreement.
1.2. Frequently Asked Questions (Pty) Ltd reserves the right to take whatever action it deems necessary at any time to preserve the security and reliable operation of the Frequently Asked Questions (Pty) Ltd network and the client undertakes that it will not do or permit anything to be done which will compromise the security of the Frequently Asked Questions (Pty) Ltd network.
1.3. Although Frequently Asked Questions (Pty) Ltd shall use reasonable endeavors to provide disaster recovery, Frequently Asked Questions (Pty) Ltd does not specify any recovery time, nor shall Frequently Asked Questions (Pty) Ltd be liable for any loss or damage of whatever nature incurred or suffered by the client from any cause whatsoever as a result of Frequently Asked Questions (Pty) Ltd failure to provide, or delay in providing, or providing only partial, disaster recovery. The client is accordingly advised to make back-ups of its data. Nothing contained in this paragraph should be construed as a representation that any back-ups of data implemented by client will be successful or in any way will avoid disaster.
2.1. Frequently Asked Questions (Pty) Ltd shall invoice the client at the end of every month in respect of the work completed in the month and the total invoice shall be payable by the client to Frequently Asked Questions (Pty) Ltd within 14 days of date of invoice. Monthly retainers will be invoiced on or before the 20th of each month for all websites hosted on the account and total invoice shall be payable by the client to Frequently Asked Questions (Pty) Ltd within 14 days of date of invoice. In those cases where the relevant contract indicates otherwise payment shall be made in terms of the contract.
2.2. No set-up fees paid by the client to Frequently Asked Questions (Pty) Ltd in terms of this agreement shall be refundable.
2.3. No annual invoicing for hosting paid by the client to Frequently Asked Questions (Pty) Ltd and terminated before the period expires will be refundable.
2.4. During the first month of the agreement, the client shall be charged on a pro rata basis for services provided during that month.
2.5. Frequently Asked Questions (Pty) Ltd shall be entitled to increase any charges payable by the client on thirty days notice, which may include e-mail notification.
2.6. The client shall not be entitled to any setoff, discount, refund or other credit in respect of any suspension or interruption of or delay in service, or where in any month the client has utilised less than any minimum services specified.
2.7. The provision and costs of development, including HTML coding, design and maintenance are not included in the prices set out in this agreement unless otherwise specified.
2.8. Should the client fail to pay any amount owing to Frequently Asked Questions (Pty) Ltd on due date, Frequently Asked Questions (Pty) Ltd shall be entitled, in its discretion and without prejudice to any other rights which it may have, to cancel this agreement without notice to the client, or to suspend performance of its obligations pending full payment by the client or by replacing web contents with a Suspended Page (http://suspend.faqnetwork.net) notification. Should the client’s account be 30 days in arrears, the account will automatically be handed over our collection agency, JJ Harmse & Associates, 157 Ontdekkers Rd, Roodepoort for collection. The client will be liable for collection fees on an attorney - client scale.
2.9. In the event that the client's payment is stopped, unmet by its bank or returned unpaid, Frequently Asked Questions (Pty) Ltd shall be entitled to charge the client a processing fee of R150,00 per failed payment.
2.10. In addition to the foregoing, Frequently Asked Questions (Pty) Ltd shall be entitled to charge interest on the outstanding balance owed by the client at a rate of 2% per month above the prime bank rate of interest quoted by the ABSA.
3. COMMENCEMENT, DURATION AND TERMINATION
3.1 This agreement shall commence upon acceptance of the application by Frequently Asked Questions (Pty) Ltd . The contract is effective for three months, termination effective with one calendar month written notification. In those cases where the relevant agreement indicates otherwise termination shall be made in terms of the contract.
4. CESSION, DELEGATION OR ASSIGNMENT
4.1. The client shall not cede, assign or delegate or in manner whatever transfer (including but not limited to the subletting or re-sale of any disk space, server capacity or web hosting) of any of its rights or obligations under this agreement without the prior written consent of Frequently Asked Questions (Pty) Ltd. In the event of any change in controlling interest in the client, Frequently Asked Questions (Pty) Ltd shall be entitled to terminate this agreement on notice to the client. The client shall notify Frequently Asked Questions (Pty) Ltd of any change in its controlling interest within fourteen days of such change.
4.2. Frequently Asked Questions (Pty) Ltd shall be entitled to cede, assign, transfer or delegate all or any of its rights or obligations under this agreement to an affiliate of Frequently Asked Questions (Pty) Ltd or, subject to the consent of the client (which consent shall not be unreasonably withheld), to any third party.
5.1. The parties choose domicilium citandi et exectandi ("domicilium") for the purposes of giving any notice, the payment of any sum, the service of any process and for any other purpose arising from the agreement at the addresses specified in the application form.
5.2. Each of the parties shall be entitled from time to time by written notice to the other to vary his domicilium to any other address within South Africa, which is not a post office box or poste restante.
5.3. Any notice required or permitted to be given in terms of this agreement shall be valid and effective only if in writing.
5.4. Any notice given and any payment made by one party to the other ("the addressee") which :-
5.4.1. is delivered by hand during the normal business hours of the addressee at the addressee's domicilium for the time being shall be presumed, unfit the contrary is proved, to have been received by the addressee at the time of delivery;
5.4.2. is posted by prepaid registered post from an address within South Africa to the addressee at the addressee's domicilium for the time being, shall be presumed, until the contrary is proved, to have been received by the addressee on the 7th (seventh) day after the date of posting;
5.4.3. is transmitted by fax or e-mall shall be deemed (in the absence of proof to the contrary) to have been received within 1 (one) hour of transmission where it is transmitted during normal business hours and within 2 (two) hours of the commencement of the following business day where it is transmitted outside those business hours.
6. MONITORING AND TERMINATION RIGHTS
6.1. The client acknowledges that Frequently Asked Questions (Pty) Ltd has no knowledge of, nor interest in, nor in any way contributes to, nor approves the creation of the client's content as hosted by Frequently Asked Questions (Pty) Ltd and published by the client on the clients web and that hosting or publication of certain kinds of content may be offensive, unlawful, in breach of codes of conduct binding on Frequently Asked Questions (Pty) Ltd, violations of legislation (including regulations), violations of the common law generally, and violations of the requirements and rules of any regulatory authority and that hosting and publication of certain kinds of content may cause harm to the name, goodwill and reputation of Frequently Asked Questions (Pty) Ltd, its affiliates, and its business partners.
6.2. Accordingly the client agrees, if Frequently Asked Questions (Pty) Ltd in the exercise of its sole discretion is of the opinion that the client's content is offensive, unlawful, or harmful, as set out above, that Frequently Asked Questions (Pty) Ltd without derogating from any of its other rights in terms of this agreement may:
6.2.1. request the client forthwith to remove the offensive, unlawful, or harmful content, as the case may be; or
6.2.2. request the client forthwith to amend or modify the content; or
6.2.3. without notice delete the client's web site from the server, or
6.2.4. Without notice terminate access to the client's web site.
6.2.5. Without notice remove the client from FAQ Web Servers.
6.3. The client agrees that nothing that Frequently Asked Questions (Pty) Ltd does in the performance of is obligations in terms of this agreement or in the carrying on of its business generally shall be construed as an assumption of responsibility or liability by Frequently Asked Questions (Pty) Ltd for the content of the client's web site and the publication thereof, whether or not Frequently Asked Questions (Pty) Ltd had knowledge of such content and the client hereby indemnifies Frequently Asked Questions (Pty) Ltd and holds it harmless against any liability and any claims of whatever nature made by any person for any loss or damage suffered arising directly or indirectly from the hosting and/or publication of the clients content as well as any other data on the clients web site.
6.4. Frequently Asked Questions (Pty) Ltd shall use its best endeavors to notify the client of any action taken in terms of clause 6.2 above, but does not warrant that notice shall be given to the client prior to such action being taken.
7. MAINTENANCE AND REPAIR
7.1 Frequently Asked Questions (Pty) Ltd may temporarily suspend is obligations in terms of this agreement in order to service, repair, maintain, upgrade, modify, after, replace or improve any of Frequently Asked Questions (Pty) Ltd's services. Where the circumstances permit, Frequently Asked Questions (Pty) Ltd shall use its best endeavors to provide prior notice of any such suspension to the client. The client shall not be entitled to any setoff, discount, refund or other credit in respect of any such suspension of service nor in respect of any suspension which is beyond Frequently Asked Questions (Pty) Ltd's control.
7.2 All maintenance requests by clients needs to be logged as new tasks at firstname.lastname@example.org of http://support.faq.co.za. In the event of a scope change on active tasks, the active task will be completed or closed and a new task will be created for the updated task.
7.3 Any maintenance task logged, where the time required to complete the task, is less than an hour, will be completed without quoting or prior approval. Any task logged that will take more than an hour will be quoted on and the task will only be be started once the quote is accepted.
7.4 The minimum time allocated to any task is 20 min.
8.1. This document constitutes the sole record of the agreement between the parties and no addition, variation or agreed cancellation of this agreement shall be of any force or effect unless in writing and signed by or on behalf of the parties;
8.2. No party shall be bound by any express or implied term, representation, warranty or the like which is not recorded in this agreement;
8.3. No extension of time or indulgence which one party (the grantor) may grant to the other (the grantee) shall constitute a waiver of any of the rights of the grantor who shall not be precluded from exercising any past or future rights against the grantee.
8.4. The graphic http://www.faq.co.za/images/faq_b.png or http://www.faq.co.za/images/faq_w.png , link to http://faq.co.za and alternative text "Internet marketing by FAQ.co.za" will be added to bottom right of every page of every site hosted, designed or maintained by Frequently Asked Questions (Pty) Ltd.
8.5. Clients making use of cozaNET and cozaLIST Services retain ownership of their contact database. cozaNET and cozaLIST is not an e-mail list rental service. cozaNET and cozaLIST does not rent or sell any e-mail addresses or other contact information that is collected of its clients. A copy of the clients contact list can be provided to the client on receival of a written request on a client letterhead authorised by the client. Frequently Asked Questions (Pty) Ltd will in no way be layble for actions taken by client once a contact list is provided to the client.
8.6 The Webifi ™ CMS & Webifi ™ HQ systems are provided on a Software as a Service (SaaS) basis. FAQ owns, maintains, manages and hosts the code. If the client wish to own or move a copy of the Webifi ™ CMS or Webifi ™ HQ code to a non-FAQ server, a once-off license fee will be charged at R8500,00 (Excl VAT) for Webifi ™ CMS and R24 995,00 (Excl VAT) for Webifi ™ HQ. ONLY the modules used on Webifi ™ CMS and the Webifi ™ HQ (Core) files plus any additional files developed for and paid by the client will be provided for transfer and no ongoing updates, support or installation services will be provided to the code once removed for FAQ servers.
9.1 If either Frequently Asked Questions (Pty) Ltd or the client breaches any term of this agreement and fails to remedy such breach within seven days of written notice requiring it to do so, then the party not in breach shall be entitled, but not obliged, without prejudice to any rights or remedies which it may have, to cancel this agreement or to claim immediate performance and/or payment by the party in breach.