TERMS AND CONDITIONS

THIS AGREEMENT is made between Lenani IT (PTY) Ltd also known as Lenanihost and the "customer"/"client".

INTERPRETATION

In these terms and conditions:

a. "the Client means the party who subscribes to the services;

b. "the service" means the Internet service described herein provided by Lenani IT (PTY) Ltd to the Client in terms of the terms and conditions herein contained;

c. "LENANIHOST" means an internet division of Lenani IT (Pty) Ltd – Internet Division, Registration number 1996/003413/07,

1. SERVICES:
Lenani IT (PTY) Ltd agrees to provide website hosting and/or internet access and/or email and other Internet / SMS or Network services to which the customer has subscribed, subject to the following terms and conditions.

2. CONTENT AND INDEMNIFICATION:
Customer acknowledges that Lenani IT (PTY) Ltd does not regulate or take any responsibility for the content of the clients websites, email, sms messages or any other service rendered by Lenani IT (PTY) Ltd or for the security of customer's password.

Lenani IT (PTY) Ltd, with effect from the effective date, hereby grants to the subscriber the use and enjoyment of its computer network to gain entry to the Internet (“access”) or related hosting / network services on the terms and conditions set out herein.

a. The subscriber hereby acknowledges receipt of such services and agrees to be bound by these Terms & Conditions along with Lenani IT (PTY) Ltd's Acceptable Use Policy and all other Policies as posted on the Lenani IT (PTY) Ltd website.

b. The customer agrees that the use and security of his/her passwords is solely their responsibility.

c. Not to give or make available in any way his/her personal log-in ID and password to any person for such person's use ("unauthorized use") and undertakes to maintain the confidentiality of such log-in ID and password.

d. The customer agrees that if he/she believes the security of their account has been compromised in any way, that he/she will notify Lenani IT (PTY) Ltd immediately.

e. Static IP addresses are rented to the client by Lenani IT (PTY) Ltd on a monthly basis only and is not a standard service.

f. SMS messages sent via the Lenani IT (PTY) Ltd SMS Messaging System will be sent out via the Vodacom Network. Delays in message delivery due to network problems on either the Vodacom Network or any other cell phone providers network is beyond the control of Lenani IT (PTY) Ltd and Lenani IT (PTY) Ltd cannot be held responsible in any way by the client.

g. The customer warrants that he/she has all rights necessary to lawfully submit any information or materials that he/she is uploading transmitting to or via Lenani IT (PTY) Ltd, including all intellectual property rights.

h. The customer agrees to indemnify Lenani IT (PTY) Ltd against any action brought by a third party as a result of such material or information, or as a result of the customer's use in any way of the services provided by Lenani IT (PTY) Ltd.

i. The customer acknowledges that he/she has read the Lenani IT (PTY) Ltd Acceptable Use Policy and hereby agrees to abide by and conform to all points as set out in the Acceptable Use Policy.

3. TRADEMARKS & COPYRIGHTS:
The member warrants that he/she has the right to use any trademarks and service marks which the member may choose to use in it's domain name, on his website or any related product or service. Lenani IT (PTY) Ltd cannot be held responsible in the event of a client infringing on any intellectual or property copyright.

4. NO WARRANTIES:
Lenani IT (PTY) Ltd makes no warranties of any kind, whether express or implied, for the services to be provided hereunder.

a. The customer agrees that Lenani IT (PTY) Ltd shall not be liable for any losses or damages of any kind to the customer, 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.

b. Lenani IT (PTY) Ltd 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.

c. Use of the service is at the customer's sole risk. Lenani IT (PTY) Ltd is not responsible for files and data residing on a client's account.

d. 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 Lenani IT (PTY) Ltd network.

e. Under no circumstances will Lenani IT (PTY) Ltd be liable for any consequential damages or for any delictual liability of any nature whatsoever.

f. Lenani IT (PTY) Ltd may temporarily suspend its obligations in terms of this agreement in order to service, repair, maintain, upgrade, modify, alter, replace or improve any of Lenani IT (PTY) Ltd’ services. Where the circumstances permit, Lenani IT (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 Lenani IT (PTY) Ltd control.

5. BILLING:
Lenani IT (PTY) Ltd shall bill the Client in advance for the period 25th of the month to the 24th of the following month.

Lenani IT (PTY) Ltd will only issue invoices on request by the Client.

The Client pays to Lenani IT (PTY) Ltd such charges as levied by Lenani IT (PTY) Ltd from time to time as follows:

a. Monthly Subscriptions

i. The charge for a subscription to the Service on a monthly basis is a monthly fee, payable monthly in advance by the Client to Lenani IT (PTY) Ltd , including a pro-rata charge for the first month’s billing.

ii. Payment is rendered without deduction, free of exchange or set-off by way of debit order, or in such manner as determined by Lenani IT (PTY) Ltd .

iii. It is a condition of activation that details of a valid, unexpired Visa, Master or American Express card, or a current bank account be provided for debit order purposes. All amounts due to Lenani IT (PTY) Ltd will be recovered from the banking source given.

iv. This amount is non-refundable.

b. Bi-annual Subscriptions

i. The charge for a subscription to the Service on a bi-annual basis is payable in full in advance by the Client to Lenani IT (PTY) Ltd .

ii. It is a condition of activation that details of a valid, unexpired Visa, Master or American Express card, or a current bank account be provided for debit order purposes. All amounts due to Lenani IT (PTY) Ltd will be recovered from the banking source given.

iii. Bi-annual subscriptions will be renewed automatically. All amounts due to Lenani IT (PTY) Ltd will be recovered from the banking source given.

iv. This amount is non-refundable.

c. Annual Subscriptions

i. The charge for a subscription to the Service on an annual basis is payable in full in advance by the Client to Lenani IT (PTY) Ltd .

ii. It is a condition of activation that details of a valid, unexpired Visa, Master or American Express card, or a current bank account be provided for debit order purposes. All amounts due to Lenani IT (PTY) Ltd will be recovered from the banking source given.

iii. Annual subscriptions will be renewed automatically. All amounts due to Lenani IT (PTY) Ltd will be recovered from the banking source given.

iv. This amount is non-refundable.

d. Usage fees, if applicable, will be billed in arrears. Lenani IT (PTY) Ltd reserves the right to withhold access for overdue accounts, while the Client shall continue to be liable for the service until the conditions of notice of termination are fulfilled.

e. Without prejudice to rights granted to Lenani IT (PTY) Ltd in terms hereof, any amount due by the Client to Lenani IT (PTY) Ltd not paid on due date thereof:

i. shall bear interest at a rate equal to the maximum allowable in terms of the Usury Act, 1968, calculated daily

in advance from date payment was due until date of actual payment thereof; and

ii. Should the Client fail to pay any amount owing to Lenani IT (PTY) Ltd on due date, Lenani IT (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.

f. In the instances where this agreement, in respect of any products applied for, specifies a minimum period of one year’s duration and a Client cancels or purports to cancel this agreement in respect of such products, prior to expiration of such year, the remainder of all monthly payments payable during the year shall immediately become due and payable to Lenani IT (PTY) Ltd .

g. Lenani IT (PTY) Ltd shall be entitled to take all such steps, without notice to the Client, as may be necessary to recover such outstanding amount. The Client shall be liable to pay all costs incurred in respect of the recovery of such outstanding amount.

h. Lenani IT (PTY) Ltd reserves the right to levy a charge for handling fees at an amount determined by Lenani IT (PTY) Ltd for monies due in the event of a Client’s payment being returned or rejected by the Client’s bankers.

i. Lenani IT (PTY) Ltd furthermore reserves the right to blacklist with any or all credit bureau agencies within the Republic of South Africa, any such Client who fails to comply with the payment agreement for subscription to the Service.

In addition, Lenani IT (PTY) Ltd will not be held responsible or be required to assist with the removing or rescinding of any such information, which may be recorded by a credit bureau agency.

j. Lenani IT (PTY) Ltd reserves the right to amend Service subscription charges at its sole discretion. Lenani IT (PTY) Ltd shall give the Client 30 (thirty) days notice of any such amendment and the Client shall be bound to such adjustments.

k. 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 bandwidth specified.

l. 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

6. DEFINITION OF UNLIMITED BANDWIDTH:
The term "Unlimited" is often used within the Internet Services community to describe services of which no hard limits are imposed, but which are nonetheless governed by limitations of each hosting package, often at the discretion of the service provider. This means that we will not charge you extra for any bandwidth your account uses, nor will we impose any hard limits on the amount of bandwidth that you can use as long as the usage is within the range of the bandwidth allocated to that hosting package. The said use is what Lenani IT (PTY) Ltd in its sole discretion deems to be reasonable as asigned to the hosting package that you ordered.

If at any time Lenani IT (PTY) Ltd 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, Lenani IT (PTY) Ltd 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.

7. DOMAIN NAMES AND DOMAIN NAMES DISPUTES:
a. Lenani IT (PTY) Ltd will not be held liable for any disputes arising out of domain name registrations or domain name hosting on behalf of the client.

b. Lenani IT (PTY) Ltd 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.

c. Lenani IT (PTY) Ltd 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.

d. Lenani IT (PTY) Ltd 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.

e. Lenani IT (PTY) Ltd requires 24 hours written notification via fax prior to releasing any domain name. Where the client has not notified Lenani IT (PTY) Ltd of his intention to transfer or move a domain name, all transfer requests will be declined.

f. Lenani IT (PTY) Ltd 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.

8.MONITORING AND TERMINATION RIGHTS
a. The Client acknowledges that Lenani IT (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 Lenani IT (PTY) Ltd and published by the Client on the Client’s web site and that hosting or publication of certain kinds of content may be offensive, unlawful, in breach of codes of conduct binding on Lenani IT (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 Lenani IT (PTY) Ltd , its affiliates, and its business partners.

b. Accordingly the Client agrees, if Lenani IT (PTY) Ltd in the exercise of its sole discretion is of the opinion that the Client’s content is offensive, unlawful, illegal or harmful, as set out above, or the Client has uploaded and utilized illegal or harmful software or licenses, that Lenani IT (PTY) Ltd without derogating from any of its other rights in terms of this agreement, may:

i. request the Client forthwith to remove the offensive, unlawful, illegal or harmful content, as the case may be; or

ii. request the Client forthwith to amend or modify the content; or

iii. without notice delete the Client’s web site from the server; or

iv. without notice terminate access to the Client’s web site; or

c. The Client agrees that nothing that Lenani IT (PTY) Ltd does in the performance of its 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 Lenani IT (PTY) Ltd for the content of the Client’s web site or the illegal use of software or licenses and the publication thereof, whether or not Lenani IT (PTY) Ltd had knowledge of such content and the Client hereby indemnifies Lenani IT (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 Client’s content or software as well as any other data or software on the Client’s web site.

d. Lenani IT (PTY) Ltd shall use its best endeavors to notify the Client of any action taken in terms of clause 8b above, but does not warrant that notice shall be given to the Client prior to such action being taken.

E.Lenani IT (PTY) Ltd does not host any materials which are deemed to be offensive or illegal. This includes pirated software, adult / sex-related sites, pornography and sex-related merchandising, violations of copyrights, 419 Scams, Hacker programs or archives, Warez sites, IRC servers, IRC bots and Hate propaganda. we do not torelate spamming with any of our servers, spamming might result in account termination.

9. LEGAL AGE/AUTHORISATION:
a. Member certifies that he/she is of legal age in the country of his/her residence to enter into this agreement.

b. Where acting on behalf of a Partnership, Close Corporation, PTY (Ltd), LTD 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.

10. AMENDMENTS:
Lenani IT (PTY) Ltd reserves the right to make amendments or changes to this agreement from time to time. Lenani IT (PTY) Ltd will notify all customers via e-mail when changes are made.

11. CESSION, DELEGATION OR ASSIGNMENT:
a. The Client shall not cede, assign or delegate or in manner whatever transfer (including but not limited to the sub-letting 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 Lenani IT (PTY) Ltd . In the event of any change in controlling interest in the Client, Lenani IT (PTY) Ltd shall be entitled to terminate this agreement on notice to the Client. The Client shall notify Lenani IT (PTY) Ltd of any change in its controlling interest within fourteen days of such change.

b. Lenani IT (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 Lenani IT (PTY) Ltd or to any third party.

12. DOMICILIUM:
a. The Client choose its domicilium citandi et executandi ("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 address specified in the order form.

b. 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.

c. Any notice required or permitted to be given in terms of this agreement shall be valid and effective only if in writing.

d. Any notice given and any payment made by one party to the other ("the addressee") which: -

i. is delivered by hand during the normal business hours of 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.

ii. is transmitted by telefax or e-mail 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 4 (four) hours of the commencement of the following business day where it is transmitted outside those business hours.

iii. delivery 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 14th (fourteenth) day after the date of posting;

13. 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 Johannesburg, South Africa.

The Customer shall be liable to Lenani IT (PTY) Ltd for all legal expenses on the Attorney Client scale of an Attorney and Counsel incurred by Lenani IT (PTY) Ltd in the event of (a) any default by the Customer or (b) any litigation in regard to the validity and enforceability of this agreement. The Customer will also be liable for any collection or valuation fees incurred. The Customer agrees that Lenani IT (PTY) Ltd 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 Customer hereby consents to the jurisdiction of the Magistrates Court. The Customer chooses Domicilium citandi et executandi for services of all documents and processes the address entered in on the hosting application form.

14. WEB SITE HOSTING TERMS AND CONDITIONS

Lenani IT (PTY) Ltd shall, in accordance with the Client’s choices as indicated on this order form:

a. host the Client's Web site on the server;

b. permit users of the Internet access to the Web site, limited to a maximum monthly data traffic allowance of bandwidth measured in megabytes as set out in the order form and subject to such additional charges as set out in the order form;

c. provide such platform as set out in the order form;

d. allocate the Client disk space on Lenani IT (PTY) Ltd server as indicated on the order form;

e. take such steps as Lenani IT (PTY) Ltd regards as reasonable to secure the Client's Web site from unauthorised access;

f. provide the Client with statistics, at an additional charge, available via Live Stats for information purposes only.

g. shall not be liable for any illegal software or licenses.

15. E-MAIL TERMS AND CONDITIONS

a. Lenani IT (PTY) Ltd shall provide the Client with e-mail services in accordance with the Client’s choices as set out in the application/ order form.

b. Lenani IT (PTY) Ltd assumes no responsibility for the failure of any e-mail delivery or the loss of any e-mail due to delays, virus or hackers.

The Client is responsible for ensuring that the Client mail site is protected against viruses.

16. MAILING LIST TERMS AND CONDITIONS

Lenani IT (PTY) Ltd shall:

a. provide the Client with a list service in accordance with the Client’s choices as set out in the order form

b. assume no responsibility for the failure of any e-mail delivery or the loss of any e-mail

will immediately terminate any List Owner account that it believes in it’s sole discretion, is transmitting or is otherwise connected with any junk mail, spam, chain letters, or other unsolicited bulk e-mail, commercial, or otherwise.

17. ENTIRE AGREEMENT AND SEVERABILITY:
This represents the complete agreement and understanding between Lenani IT (PTY) Ltd and Customer 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.

18. ACCEPTANCE OF TERMS:
Use of Lenani IT (PTY) Ltd services constitutes acceptance of the terms and conditions contained in this agreement and any amendments thereto as well as acceptance to Lenani IT (PTY) Ltd’s Acceptable Use Policy.