Terms and Condition of Service

Before you agree to our services, please read the following Terms and Conditions. This contract is a legal agreement between Nick Ridout & Associates NRANET and you, our Client.

This agreement is made between Nick Ridout & Associates NRANET, hereafter referred to as Nick Ridout & Associates NRANET, and the "Client". The agreement is dated by the receipt by Nick Ridout & Associates NRANET of the Client's bank debit order authority during the application process or by the acceptance by Nick Ridout & Associates NRANET of a verbal or a signed hosting or ADSL or any other proposal, or quote or order form. It being understood that a client would not knowingly request a service, answer the various emails that such request would bring about, use the service, without conceding to the fact that he has placed an order.Client is then deemed to be a signatory.

1. OUR SERVICES

Nick Ridout & Associates NRANET is an Internet related service company. Clients using our services are subject to compliance with the terms and conditions set forth below. Under the terms of this agreement, your use of any of our services (web-hosting, e-mail, ADSL, support, Web Design, Saas range of add in products) is an acknowledgement that you have read and understood this agreement, and that you agree to be bound by the terms and conditions below. If you do not wish to be bound by these terms and conditions, you should not proceed to place any information of any kind with Nick Ridout & Associates NRANET.

2. CONTENT AND INDEMNIFICATION

Client acknowledges that Nick Ridout & Associates NRANET does not regulate, nor will it take any responsibility for the content of the clients' website pages and e-mail or for the security of Client's password. The Client agrees that the security of his/her passwords is solely thier responsibility.

1. The Client agrees that if he/she believes that the security of there account has been compromised in any way, that he/she will notify Nick Ridout & Associates NRANET immediately.
2. The Client warrants that he/she has all the rights necessary to lawfully submit any information or materials that he/she is uploading or transmitting to Nick Ridout & Associates NRANET, including all intellectual property rights.
3. The Client agrees to indemnify Nick Ridout & Associates NRANET against any action brought by a third party as a result of use of such material or information, or as a result of the Client's use in any way of the services provided by Nick Ridout & Associates NRANET.
4. Any use of the Nick Ridout & Associates NRANET network to engage in software piracy or any other violations of law will result in immediate account suspension.
5. Form time to time Nick Ridout & Associates NRANET gives away free vouchers of products for advertiseing purposes. These are not redeemable for cash and must be used within one month from date of issue.
6. Nick Ridout & Associates has a thrity day money back policy. This policy extends to all products except registration of web sites, as this is done by the particular registering concern. Setup fees represent work done, and is also not covered by the policy. It only applies to accounts that are fully paid up. A bankers cheque is mailed to the last known address of the client.

3. TRADEMARKS & COPYRIGHTS

The client warrants that he/she has the right to use any trademarks and service marks which the client may chose to use in its domain name, on his website or any related product or service. Nick Ridout & Associates NRANET cannot be held responsible in the event of a client infringing on any intellectual or property copyright.

4. INTERNET ETIQUETTE

The member agrees to observe the following:

1. Sending e-mail to unsolicited addresses is forbidden. SPAM e-mail.
2. Multiple Cross Posting on News Groups, or Bul Emails, where a Nick Ridout & Associates NRANET hosted website is being promoted or a Nick Ridout & Associates NRANET hosted mail address or SMTP server is being used.
3. Anyone who practices such tactics will have their account suspended pending an investigation. Should the client be found guilty of any of the above offences, the client’s account will be terminated with immediate effect.
4. The Nick Ridout & Associates NRANET network or any of its resources may not be used to impersonate another person or misrepresent authorisation to act on behalf of others or Nick Ridout & Associates NRANET. All messages transmitted via Nick Ridout & Associates NRANET must correctly identify the sender.

5. NO WARRANTIES

Nick Ridout & Associates NRANET makes no warranties of any kind, whether express or implied, for the services to be provided hereunder.

1. The Client agrees that Nick Ridout & Associates NRANET shall not be liable for any losses or damages of any kind to the Client, including but not limited to, loss that may result from service interruption, delays in account activation, delays in general, non-deliveries, or misdeliveries no matter what the cause might be.
2. Nick Ridout & Associates NRANET makes no warranties regarding its ability to recover any lost file or information, regardless of how or why the file / information was lost or deleted.
3. Use of the service is at the Clients sole risk. Nick Ridout & Associates NRANET is not responsible for files and data residing on a Clients account.
4. The Client agrees to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on the Nick Ridout & Associates NRANET network.
5. Under no circumstances will Nick Ridout & Associates NRANET be liable for any consequential damages or for any delictual liability of any nature whatsoever.

6. BILLING POLICY

1. Service invoices will be sent to the Client via electronic mail in advance of services being rendered. The Client agrees to submit payment for all invoices upon receipt.
2. Accounts not paid by within 7 days of such invoices are subject to immediate suspension.
3. Returned Debit Orders will be subject to a R50.00 administration processing fee per returned Debit Order.
4. Suspension means the cutting off of services, the system will automatically raise a reconnection fee of R120.00 per account held by the client.
5. Nick Ridout & Associates NRANET will not be held responsible for any damages, losses, or claims as a result of a clients Internet service being suspended for non-payment.
6. Accounts 30 days past due are subject to cancellation which will result in the deletion of all of the Client's files, including but not limited to web pages, email and databases.
7. The Client agrees that submission of Banking Details to Nick Ridout & Associates NRANET constitutes authorisation by the Client for Nick Ridout & Associates NRANET to bill the specified Bank Account for all fees owed by the Client to Nick Ridout & Associates NRANET.
8. The Client agrees that all set-up fees are non-refundable once set-up is completed.
9. The Client agrees that unless he/she notifies Nick Ridout & Associates NRANET of his/her desire to cancel any or all services received, those services will be billed on a recurring basis. One full months cancelation notice is required, clients will automatically be charged for the next month if cancelation occurs during a month.
10. The Signatory hereby binds himself/herself in his/her personal capacity as co-debtor in solidum for the full amount due to Nick Ridout & Associates NRANET and agrees that the Standard Conditions will apply mutatis mutandis to him/her and he/she renounces the benefits of excursion and division.

7. DEFINITION OF UNLIMITED BANDWIDTH

The term "Unlimited" is often used within the Internet Services community to describe services of which no hard limits or per unit pricing are imposed, but which are nonetheless governed by limitations of fair and reasonable use, often at the discretion of the service provider. Nick Ridout & Associates NRANET offers some services with "Unlimited" bandwidth, which bear no per unit charges, nor hard limits, but nonetheless are governed by reasonable and fair use. This means that we will not charge you for any bandwidth your account uses, nor will we impose any hard limits on the amount of bandwidth that you can use, provided said use is what Nick Ridout & Associates NRANET in its sole discretion deems to be reasonable. If at any time Nick Ridout & Associates NRANET deems your bandwidth usage to be abusive or unreasonable for the level of service you have purchased, or your bandwidth usage threatens to impair the quality of other users' service, Nick Ridout & Associates NRANET may, at its sole discretion take steps to limit the amount of bandwidth you consume, or request you to upgrade to a higher package. Special hosting packages can be designed for sites that require higher than normal bandwidth. Nick Ridout & Associates NRANET will at no time attempt to collect payment for bandwidth already used by a Client whose account grants them unlimited bandwidth, regardless of the amount. Nick Ridout & Associates NRANET does however reserve the right to charge the client for any additional bandwidth he/she might require.

8. DOMAIN NAMES AND DOMAIN NAMES DISPUTES

1. Nick Ridout & Associates NRANET will not be held liable for any disputes arising out of domain name registrations or domain name hosting on behalf of the client.
2. Nick Ridout & Associates NRANET will not be held liable for any losses or damages the client may suffer due to a domain name being reallocated, transferred or deleted by any Domain Name Authority or NIC.
3. Nick Ridout & Associates NRANET will not issue any credits for domain names where the client has requested the wrong domain name to be registered. By submitting a domain name registration form, the client confirms that he/she has completed the registration form correctly and that the domain name that he/she has entered is correct.
4. Nick Ridout & Associates NRANET reserves the right to take ownership of any domain name upon cancellation by the client should the client not specify any action to be taken in regards to ownership or transfer of the domain name.
5. Nick Ridout & Associates NRANET requires 24 hours written notification via fax prior to releasing any domain name. Where the client has not notified Nick Ridout & Associates NRANET of his intention to transfer or move a domain name, all transfer requests will be declined.
6. Nick Ridout & Associates NRANET will retain the ownership of the domain name in the event of the client's accounts not being settled in full on termination of the hosting agreement.

9. CONTRACT TERMINATION

1. In the event that Nick Ridout & Associates NRANET at any time reasonably believes that the Client is in breach of any of the terms and conditions contained in this agreement or is using Nick Ridout & Associates NRANET's services in an unacceptable manner, Nick Ridout & Associates NRANET may immediately terminate this agreement without liability.
2. Nick Ridout & Associates NRANET may terminate this contract with 30 days notice to the Client for any reason or for no reason.
3. The Client may terminate this contract at any time by giving Nick Ridout & Associates NRANET no less than 30 days written notification. Such written notification must be sent by either FAX or registered mail. E-mail notification will not be accepted.
4. At the time of cancellation notification, the Client shall be responsible for the entire amount of any outstanding fees due.
5. All goods and services supplied by Nick Ridout & Associates NRANET remain the property of Nick Ridout & Associates NRANET until such goods or services have been paid for in full. The Client is not entitled to sell or dispose of any goods unpaid for without the prior written consent of Nick Ridout & Associates NRANET.

10. LEGAL AGE/AUTHORISATION

1. Member certifies that he/she is of legal age in the country of his/her residence to enter into this agreement.
2. Where acting on behalf of a Partnership, Close Corporation, PTY (Ltd), LTD or Trust or NPO or NGO or any other form of company/legal entity, the member hereby confirms that he/she has the full permission/authority to act on behalf said legal entity and has the ability and the authority to tramsmit funds.

11. AMENDMENTS

Nick Ridout & Associates NRANET reserves the right to make amendments or changes to this agreement from time to time. Nick Ridout & Associates NRANET will notify all Clients via e-mail when changes are made.

12. LITIGATION AND ATTORNEY'S FEES

In the event of any dispute arising out of or relating to this agreement, such dispute shall be resolved in Cape Town, South Africa.

The Client shall be liable to Nick Ridout & Associates NRANET for all legal expenses on the Attorney Client scale of an Attorney and Counsel incurred by Nick Ridout & Associates NRANET in the event of (a) any default by the Client or (b) any litigation in regard to the validity and enforceability of this agreement. The Client will also be liable for any collection or valuation fees incurred. The Client agrees that Nick Ridout & Associates NRANET shall not be liable to make payment of security into Court in terms of section 62 of the Magistrate's Court Act, as amended. The Client hereby consents to the jurisdiction of the Magistrates Court. The Client chooses Domicilium citandi et executandi for services of all documents and processes the address entered in on the hosting application form.

13. ENTIRE AGREEMENT AND SEVERABILITY

This represents the complete agreement and understanding between Nick Ridout & Associates NRANET and Client with respect to the subject matter herein. In the event that any term or provision of this agreement is held by a court to be unenforceable, then the remaining provisions shall remain in full force and effect.

14. ACCEPTANCE OF TERMS

Use of any of Nick Ridout & Associates NRANET services constitutes acceptance of the terms and conditions contained in this agreement and any amendments thereto.