1. Important Notice

Phishing scams and other malicious attacks are common. To maintain account security and prevent unuauthorised account access, the account owner (the client) is solely responsible to ensure that all passwords are securely stored and that only authorised persons have access to the accounts. Afriweb highly recommends that all passwords are updated by the account owner (the client) on a regular basis as a security precaution.

The account owner hereby indemnifies and holds Afriweb, their service providers, agents and employees harmless of any losses or damages that may result from unauthorised access to the accounts.

2. Contents

All services provided by Afriweb may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any South African (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless Afriweb from any claims resulting from the use of the service which damages the subscriber or any other party.

3. Examples of Non-Acceptable Contents or Links

• Pirated software
• Hacking programs or archives
• Warez Sites
• Illegal MP3 or related audio files
• Spamming Software
• Vip Poster
• High Yeald Investment Program (HYIP) sites
• Proxys (including links to proxy websites)
• Search Engines
• Crawlers
• Scrapers

4. Background Running Programs

Afriweb does not allow background-running programs. This includes any IRC related software such as bouncers and bots. In certain cases we may allow programs to run continually in the background, these are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

5. Banned Scripts

You are free to use any scripts you wish provided they do not affect the normal operations of the server and they are not mentioned specifically above. Scripts that are commonly known for causing server disruption include large cgi-based message forums, chat programs, auctions, spiders, search engines and banner exchanges. In the event a script affects normal server and/or administrative operations, Afriweb reserves the right to disable/uspend the account pending client cooperation and resolution.

6. Violation of indecency and obscenity laws may result in criminal prosecution

7. Intellectual Property Rights

Material accessible to you through Afriweb's Services may be subject to protection under the South African (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the Afriweb Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Afriweb Network.

If you use a domain name in connection with the Afriweb Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

8. Defamation

Defamatory speech distributed over the Internet can result in civil liability for the defamer.

9. Refusal of Service

Afriweb reserves the right at its sole discretion to refuse or cancel service. Violation of any of Afriweb's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Free domains which have been granted for customers paying annually are released to the customer at the end of their hosting period.

10. Spam or Unsolicited E-Mail

You may not use the Afriweb Network, Afriweb equipment or any Afriweb hosted email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the Afriweb Network, Afriweb equipment or any email address hosted by Afriweb. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.

If you are found to have spammed, Afriweb reserves the right to disable your domain without warning. In addition, Afriweb may impose a R400 penalty for each spam policy violation. Afriweb solely reserves the right to refuse or cancel service to known spammers. Lastly, Afriweb reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

11. Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

Afriweb reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

Afriweb reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of Afriweb.

12. Abuse

Any attempts to undermine, slander, libel, threaten, or cause harm to a Afriweb server, customer, employee, representative or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.

13. Indemnification

Customer agrees that it shall defend, indemnify, save and hold Afriweb (or it's employee's/owners/representatives) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Afriweb, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns.

Customer agrees to defend, indemnify and hold harmless Afriweb against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Afriweb server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of Afriweb to the amount paid for service.

14. Refund and Cancellation Policy

For payment, Afriweb accepts Direct Bank Transfer (EFT), Visa / Mastercard (via Payfast) or debit order. Afriweb invoices exclusively via e-mail. Afriweb does not send out invoices via postal services.

You may cancel your account at any time and receive a full refund (excluding any setup fees, whmcs licenses or domain name registrations fees incurred) if cancelled within our thirty (30) day money-back guarantee period. To receive this refund, you may not be on a custom package of any sort. You must be on one of the pre-created packages by Afriweb that is listed on our site. You may cancel for any reason. Refunds are not available if the account has violated any terms on this page.

If after thirty (30) days you wish to cancel your hosting account, you will receive no refund of any monies already paid to Afriweb.

However, if customer cancels fifteen (15) days before recurring monthly billing date customer will not be billed for the next month and all payments thereafter will be cancelled with immediate effect. No refunds are available on SSL Certificates, Domain registrations, transfers, Dedicated server, WHMCS licenses and Reseller payments.

15. Late Payment and Bounced Debit Orders

Any account whose payment status is not current as of the start of the next billing period is deemed late. Generally, customers are given a 7 day grace period after which the account is put on suspension.

You will receive payment reminders from the start of your payment due date. If after 30 days payment has not been received or we have not been contacted regarding payment, your account will be terminated without any further notice. Reactivation of closed accounts due to delinquency incurs a R200 reactivation fee as well as payment of the balance due in full. For late payments or bounced debit orders please email billing@afriweb.co.za to arrange payment.

Should a debit order be returned as unpaid, an invoice of R50 will be issued to cover the costs of the unpaid debit order. The client is liable to pay the outstanding amount as well as the R50 fee for the unpaid debit order. Should the outstanding payment not be received within 7 days, the service will be suspended until such time that payment is received after which the service shall be reactivated.

Should an invoice be overdue by more than 30 days, your hosting account may be terminated without further notice. You hereby indemnify Afriweb of any loss of data and you accept that it is your sole responsibility to keep neccessary backups of said data.

16. Cancellation

You may cancel the service at any time by providing 30 days notice. Please email the cancellation request to cancel@afriweb.co.za
On receipt, your account will be pending cancellation within 24 hours. Please include your Name, domain name, username, password and your reason for canceling. You may also cancel the service from your client area or you may submit a ticket.

17. Disclaimer

Afriweb will not be responsible for any damages your business may suffer. Afriweb makes no warranties of any kind, expressed or implied for services we provide. Afriweb disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data/domains/hosting/transfers and all other services we offer on the Afriweb.co.za website resulting from delays, non-deliveries, wrong delivery and late registration where clients don't get the domains they ordered and any and all service interruptions caused by Afriweb and its employees.

Afriweb keeps daily backups of their servers. Afriweb can accept no responsibility for any loss of data or consequences arising from this. Afriweb always advises clients to back up their site data regularly for its own protection. It is the clients responsibility to create his/her own addon domains unless we receive a ticket with a reference number requesting that. We do not accept any direct emails to Afriweb Employees without a ticket reference number and will not be seen as a valid contact! Should communication directly result in delays or non performance - the subscriber/client agrees to indemnify and hold harmless Afriweb from any claims resulting from the use of the service which damages the subscriber or any other party.

Afriweb furthermore expects that its customers fully comply with all applicable laws concerning the privacy of online communications and any other policy of Afriweb. A customer's failure to comply with those laws will violate this policy.

Finally, Afriweb wishes to emphasize that in accepting services, customers indemnify Afriweb for the violation of any law or Afriweb policy, that results in loss to Afriweb or the bringing of any claim against Afriweb. This means that if Afriweb is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Afriweb, plus costs and reasonable legal fees.

Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation or termination of service.

18. IP limits

Seo ip limit - Accounts can only use the alloted amount of ip's that come with a package to use toward seo. If your package does not come with an ip you will be allowed only 1 ip address for seo. Ip's used for ssl's and valid uses will never beturned down. If found, frauding ip's for seo past these limits, the account(s) will be up for suspension and or termination. Domains with a dedicated IP must be pointed to our servers else risk the dedicated IP being removed from the account.

Ip class's - Afriweb can not promise that we will be able to provide different ip classes on a single server. If we so happen to get more then one class this can be done. This all depends on what is available from our datacenter.

Due to a shortage of IP addresses around the world each dedicated IP must be requested via the dedicated IP request form and will only be given if the requester has a complete and valid reason.

19. IP addresses

You will have no right, title or interest in any internet protocol address ("IP address") allocated to you, and any IP address allocated to you is allocated as part of the Hosting Service you purchased and is not portable or otherwise transferable by you in any manner whatsoever.

If an IP address is re-numbered or re-allocated by us, we shall use our reasonable endeavours to avoid any disruption to you.

You agree that you shall have no right, title or interest to any IP address upon expiry or termination of the Services, and that the acquisition by you of a new IP address following expiry or termination of the Services shall be solely your responsibility.

20. Account Setup / Email on file

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times.

Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

21. Transfers

Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.

The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

Should you transfer away from Afriweb we have the right to remove all data, backups, domain parking accounts or any other related services from our database or servers that same day. We will not offer free services to old account holders when they transfer away from Afriweb. All domains will be removed, you will not qualify for any free services when you move your hosting account to another provider.

22. Backups and Data Loss

Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. Afriweb is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Afriweb servers. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by Afriweb.

23. Backup Storage

Afriweb intends to offer services to host web sites and email related content, not store data. Using an account primarily as an online storage space for archiving electronic files is prohibited.

24. Uptime Guarantee

If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of Afriweb dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please accounts@afriweb.co.za with justification.

All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

25. DNS / POINTING A RECORDS and General Management

Afriweb will not point any records to other providers unless you pay for a domain pointing account. We will support world class programs like Google Apps and will provide support with MX Records and CNAMES. Other DNS and Management services will only apply to services/packages we offer.

All offers including domain name registrations are strictly only available to hosting clients / unless Afriweb decide to offer you the service ordered.

26. Dedicated Servers

Afriweb reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our data centre. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. Afriweb reserves the right to audit servers as needed and to perform administrative actions at the request of our data centre. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the most simple solution. Please contact sales@afriweb.co.za if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.

27. Coupons

Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not re-sign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account.

28. Disclosure to law enforcement

Afriweb may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

29. Unlimited Hosting Package Terms

The use of the any unlimited disk space or bandwdith package is subject to the following terms

1. All accounts must have valid, working websites, and not violate any subscribed terms

2. Accounts are not for use of mass storage of backups, files, audio, video, zip files, or similar (Streaming Media Sites)

3. Accounts are not for the use of mass distributing of files such as torrents, mirrors (P2P) Mass Storage Scripts for distribution of illegal content.

4. Not to be used for Web Development for other clients and hosted on your account

5. Unlimited Hosting can only be used by the account holder for his/her owned domain names.

6.Unlimited Hosting packages can not be used to offer free website hosting to the public.

7. You may not resell hosting with Unlimited Hosting packages.

8. Any accounts found to violate these terms may be suspended without notice until the account holder agrees to resolve the issue.

30. Server Limits

25% cpu and or memory for 3 minutes.
Combined 5% CPU & RAM over 24 hours.
250 email limit per domain per hour.
50 concurrent database connections at one time.
Apache threads to be open no longer then 999 seconds.
60 Send Receive Connections within one hour.
Php upload limit of 15 mb / could be more on some Afriweb servers.
Max php session time of 300 seconds or less.
Limits are subject to change at anytime.

Contact info@afriweb.co.za should you need more information.

31. Your status

By placing an order through our website, you warrant that:

you are legally capable of entering into binding contracts; and you are at least 18 years old.

If you are acting on behalf of a company or other business, you further warrant that you personally have the authority to bind that company or business on whose behalf you are placing an order.

32. The order process

You can only place an order for the Services once you have successfully registered an account with us. Information that you provide while registering an account with us must be complete and accurate. You agree that we may suspend or terminate access to your account and the services we supply if we reasonably believe that the information you have supplied is inaccurate. You must keep your user name and password secret at all times and not allow anyone else to use it. You must contact us immediately if you believe your user name and password has become known to someone else.

Before you submit an order you will be shown your order on screen including details of the Services you wish to order and the price payable. You will then have an opportunity to identify and correct any input errors in your order for the Services.

After placing an order for the Services we will give you details of the Services you have ordered. We will send the same details to you in an email, together with an invoice, to the email address you provided when you registered your account with us.

You can view your account history by logging into your client area.

33. How the contract is formed between you and us

After placing an order, you will receive an e-mail from us accepting your order and, if appropriate, letting you know that the Hosting Service or other services you have purchased has been activated. Your order constitutes an offer to us to buy our Services and all orders are subject to acceptance by us. The contract between us will only be formed when we send you the Confirmation. We may also decline your order for the Services for any reason, in which case we will tell you so.

The order will relate only to those Services we have confirmed in the confirmation email. We will not be obliged to supply any other Services which may have been part of your order until such Services have been confirmed.

34. Our Status

We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products or services you purchase from companies to whose website we have provided a link on our website will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.

35. Price and payment

The price of any Services will be as quoted on our website from time to time, except in cases of obvious error.

The total cost of your order of the Services will be set out clearly in your Shopping Basket before you submit your order for the Services.

Prices are liable to change at any time. We will notify you of a change in our prices at least thirty (30) days before the price increase comes into force. Any such price increase will not be effective until the Minimum Term expires. If you do not agree to such price changes, please cancel your Services. If you do not cancel you will be deemed to have accepted the new prices, and they will be charged to the credit card, debit card or other payment method registered to your account.

Our website contains the details of a large number of Services and it is always possible that, despite our best efforts, some of the Services listed on our website may be incorrectly priced. Where a Service's correct price is less than our stated price, we will charge the lower amount when accepting your order. If a Service's correct price is higher than the price stated on our website, we will normally, at our discretion, either contact you for instructions before accepting your order, or reject your order and notify you of such rejection.

We are under no obligation to provide the Services to you at the incorrect (lower) price, even after we have sent you a confirmation email, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

You must register a payment method for the Services you have ordered before submitting your order. You may pay by credit or debit card or, alternatively, you may set up a direct debit against your account. Debit Orders are processed by Imagin8 and are processed on or around the 1st day of each month. We will take payment from the payment method you have registered against your account immediately upon sending you the confirmation. If we subsequently reject your order, we will refund the payment you have made to the credit card, debit card or other account you used to make the payment.

Please note that when purchasing a Service, you are obliged to pay for that Service for the whole of the Minimum Term that applies to it (unless you have cancelled the Service) even though you may pay by monthly direct debit payments. Consequently, you must not cancel your direct debit payments without first cancelling your Services. If you do so, we will seek to recover any outstanding payments due to us by other means, including by taking appropriate legal action.

No payment shall be deemed to have been received until we have received cleared funds. If your chosen method of payment is not authorised by your credit card provider or bank, you hereby authorise us to seek payment from any other credit card, debit card or direct debit registered against your account. Further, if your payment is still not authorised we may, at our discretion, suspend or terminate any Services we provide to you from time to time, even if payment in respect of such Services is not outstanding.

36. Changes to the Terms of Service

You are responsible for making all arrangements necessary for you to have access to our Hosting Services. You are also responsible for ensuring that all persons who access our Services through your Internet connection are aware of these terms and conditions and that they comply with them.

37. Hosting Service service levels

We will use our reasonable endeavours to make our servers available to you as part of the Hosting Service you purchase for ninety-nine point nine (99.9) per cent of each calendar month. We do not warrant access to our servers will be uninterrupted or error free but we shall use reasonable endeavours to keep downtime to a minimum. We shall make all commercially reasonable efforts to provide you with advanced notification of all scheduled and emergency outages.

Service credits are not given for any form of downtime or service unavailability. The client will not qualify for any refund due to server/hardware/software or any other reason that might caused the service to fail.

38. Intellectual property rights

You, or your licensor, retain all intellectual property rights in your Material, and you grant to us a worldwide, non-exclusive, royalty free licence to use, store and maintain your Material on our servers and publish your Material on the Internet for the purpose of providing the Hosting Service to you. You warrant that your Material does not infringe the intellectual property rights of any third party and you have the authority to grant the licence to us. We may make such copies as may be necessary to perform our obligations, including making back-up copies of your Material.

You will defend, indemnify and hold Afriweb harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of the Services or of any claim or action that your Material infringes, or allegedly infringes, the intellectual property rights of a third party.

If you download software we own from our website, we grant you a non-exclusive, non-transferable royalty free licence to use that software for the purpose set out on our website in relation to that software. Such licence will automatically terminate when we stop providing the Hosting Services to you.

Any third party software that you download from our website shall be licensed to you on the standard software licence terms of the owner of the intellectual property rights in that third party software as those licence terms are notified to you at the time you download such software.

We retain all intellectual property rights in the Hosting Services (other than in your Material) , you must not decompile, disassemble or reverse engineer the Hosting Services or our software.

We will defend you against any claim that the Hosting Services (but not materials stored or maintained on our servers by third parties) infringe any South African intellectual property rights of a third party, and shall indemnify you for any amounts awarded against you in judgment or settlement of such claims, provided that:

1. you give prompt notice of any such claim;

2. you make no admissions or settlements without our prior written consent;

3. you provide reasonable co-operation to us in the defence and settlement of such claim, at your expense;

4, and we are given sole authority to defend or settle the claim.

In the defence or settlement of the claim, we may obtain for you the right to continue using the Hosting Services, replace or modify the Hosting Services so that they become non-infringing or, if such remedies are not reasonably available, terminate the Contract with you without liability to you. We will have no liability to defend or indemnify you if the alleged infringement is based on:

1. a modification of the Hosting Services by anyone other than us;

2. your use of the Hosting Services in a manner contrary to our instructions or our acceptable use policy or

3. your use of the Hosting Services after notice of the alleged or actual infringement from us or any appropriate authority.

The foregoing states your sole and exclusive rights and remedies, and our entire obligations and liability, for the infringement of any third party's intellectual property rights by the Hosting Services.

39. Deletion of your data

If you cancel your Services, any data we hold or host in relation to the Services you have cancelled may be immediately and permanently deleted from our system. Accordingly, you are strongly advised to make appropriate copies of such data before you cancel your Services.

If you for any reason do not settle the account as stated in our terms of service or cancelled services on request, we may immediately and permanently delete those accounts (and all the data hosted in relation to them) from our system.

40. Notices

All notices given by you to us must be given through our support ticket system or forms related to the action. Afriweb requires support tickets for every query the client has.

41. Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control, such as, but not limited to:

1. misuse, alteration or interference by you or any third party of our servers or systems (including virus and hacker attacks);
2. strikes, lock-outs or other industrial action;
3. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
4. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
5. impossibility of the use of public or private telecommunications networks; and
6. the acts, decrees, legislation, regulations or restrictions of any government.

42. Agreement

These terms of service and any document expressly referred to in them represent the entire agreement between us both in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

We each acknowledge that, in entering into the Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms of service document.

Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms of service.

44. Domain Parking

Free Domain Parking is only available to Paid Hosting clients. Afriweb will not register any domain name under our domain parking packages unless you have a paid for a hosting account.

Should you need domain parking - please signup for a web hosting account or you may order domain parking plan at R39 per month. The Free Domain Parking offer only will apply to Paid Hosting Clients only. Afriweb will refuse domain orders or other services without the proper combination on checkout.

Contact our Sales Representatives at sales@afriweb.co.za if you are unsure.

45. E-Commerce Website Service @ R389 per month

Afriweb ("Provider") will design, configure & host the "Website" for the "Client" as a service for R3,000 once off and then R389,00 per month thereafter.

Client must register on the Afriweb.co.za website and accept the Terms and Conditions as stated herein.

Provider shall retain ownership of the Website and the Client agrees to have no claim to any part of the Website or content thereof should the service be cancelled by the Client or the Provider.

Client may cancel the service at any time, giving 30 calendar days notice to the Provider, at which time the service will be cancelled and the Website will be disabled.

Client agrees that should the service be cancelled for any reason whatsoever, that they will have no claim against the Provider for any losses or damages incurred whatsoever.

Client will be responsible for updating and managing the content of the website including products, images, prices, specials, promotions and any other information required to maintain the Website.

The Provider shall provide the Client with the knowledge to be able to successfully administer the Website content and shall provide basic support from time to time.

Should the client require changes or additions or amendments to the functionality or coding of the Website, and the Provider agrees that it is within the scope of their ability, then the Provider shall provide a quotation estimate which the Client must accept before such changes, additions or amendments are executed.

The Client agrees to hold the Provider, their agents, representatives, service providers harmless of any losses which may occur whether due to accident, negligence or circumstance within or beyond the control of the Provider.

The Client is solely responsible to ensure that their privacy policy and terms of use policy (conditions of use) as displayed on the clients e-commerce website, are compliant with all South African law. Afriweb provides a sample of the privacy and conditions of use policy, but the client is ultimately responsible to ensure that these policies are accurate, based on the cookies used and personal information collected. The Client agrees to absolve Afriweb of any losses or damage claims as a result of their privacy policy or terms of use policy (conditions of use) not being compliant.

The Client is solely responsible for the collection, storing and processing of their customers personal information obtained through the e-commerce website.

Free hosting provided with this service is provided on the Standard Hosting Plan. The Client can upgrade the Hosting Plan at any stage at the rate of difference for the new plan.

The Provider reserves the right to add to or amend these terms and conditions from time to time which the Client agrees to accept without prejudice.

"Provider" means Afriweb or Afriweb Internet providing e-commerce services to the client.

"Client" means the person or entity that has contracted the e-commerce services from Afriweb for the design and hosting of an e-commere website.

"Website" means the e-commerce website designed and hosted by Afriweb, but operated and managed by the client for them to use, but remains the property of Afriweb.

46. Changes to the Terms of Service

Afriweb reserves the right to change, edit, or update the policies contained in this document, along with the content on our website at any time for any reason without notice.