When using the Service provided by ClaJo, ......

Website Hosting Terms

General Terms

• Support is provided by e-mail or telephone during normal business hours.
• We do not allow Adult Content, Warez, illegal MP3 Sites or IRC Bots.
• Your virtual server is for your personal use only. You should not divulge the password to any other person, and you should take reasonable precautions to ensure that it is not discovered by other people.
• You may not run server processes (eg. talkers/IRC Bots) from your virtual server.
• We shall not be held liable for any loss or damages caused by the use or misuse, unavailability or removal of services.
• When your account is closed, all files (including web pages, etc.) will be deleted.
• We reserve the right to amend and update these terms and conditions at any time without notice.
• To protect your privacy we never distribute your name or e-mail address to any third parties.
• Users may not use ClaJo servers to participate in any form of un-solicited bulk e-mailing or spam.
• By logging into your account, or uploading files to it, you are indicating your acceptance of these Terms and Conditions.
• You may not resell email accounts, aliases or auto responders or bundle them with a service that is sold or offered to your customers or clients, without the express written permission of ClaJo.

Bandwidth

• Each virtual server includes a nominated amount of bandwidth, if you use more than this amount then you agree to pay for this bandwidth at a rate of £4.50 per 1 GB.

Web Pages

• Commercial use of web and ftp space is permitted.
• You will be responsible for the content of your pages, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate British law.
• You will be held responsible for and accept responsibility for any defamatory, confidential, secret or other proprietary material available via your page(s).
• We reserve the right to refuse to host material deemed inappropriate. ClaJo does not allow adult, warez or illegal MP3 web sites on their servers.

LEGAL TERMS AND CONDITIONS

• "Client" or "you" means the person, firm or company that has requested any Services;
• "Conditions" means the standard terms and conditions of sale set out herein;
• "ClaJo" or "we" means Johan van Zyl, trading as ClaJo;

Acceptance of Terms

• The conditions set out the only terms on which ClaJo is prepared to provide you with the Services. The conditions shall apply to all contracts and by clicking on accept and/or or by using the services you accept this. All other terms and conditions (other than those which are agreed in writing between us) are excluded to the fullest extent permitted by law. ClaJo reserves the right to review and revise these conditions from time to time without prior notice and, by using the services subsequent to any revision of these conditions, you agree to be bound by such changes. Please visit this page on a regular basis in order to remain informed of any changes to these terms and conditions.

Registration

• Where appropriate, you agree to provide such information about yourself as prompted by the service's registration form and ensure that it is at all times true, current, accurate and complete. If it is not or we reasonably suspect it is not true, current, accurate and complete then we shall be entitled to terminate the contract or suspend the services.

The Services

• The services shall be as described in this site and such other material as ClaJo provides to you from time to time. We reserve the right at any time and from time to time to amend, improve, correct, discontinue, temporarily or permanently, the services (or any part thereof) with or without notice and you agree that ClaJo shall not be liable to you or to any third party for any such modification, suspension or discontinuance.
• Unless otherwise agreed in writing by ClaJo, the service is provided on a month to month basis.
• ClaJo shall be entitled to restrict bandwidth made available to the client at any time in order to protect all and any Internet solutions provided by ClaJo.
• ClaJo shall use its reasonable endeavours to ensure that the servers and the data contained therein are safeguarded from damage, accident, fire, theft and unauthorised use.

Registration of Domain Names

The following shall apply where the Services include or consist of domain name registration services:

• i) The Client acknowledges that, whilst ClaJo shall use its reasonable endeavours to successfully register the requested domain name, ClaJo shall not be obliged to accept any request to register or continue to process any registration of a domain name.
• ii) The obligations of ClaJo in relation to domain name registration shall be limited to forwarding the application to the relevant naming authority, providing reasonable administration services in relation to the application and notifying the result of the application within a reasonable period after communication from the authority. ClaJo will use reasonable endeavours to notify you of any renewal dates however ClaJo accepts no liability for any use or retention of any domain name which is registered.
• iii) ClaJo makes no representations or warranties (expressed or implied) of any kind (and they are expressly disclaimed) with respect to availability or likelihood of successful registration of any domain name.
• iv) The client shall be responsible for ensuring that the correct domain name is requested, incorrect spelling of the domain name during the registration process will still incur the full registration cost.
• v) The client shall at all times comply with the terms and conditions (from time to time subsisting) for the registration of domain names published by the relevant naming authority and generally to the terms and conditions of any such authority having similar force and to which the client may become subject as a result of services provided by ClaJo.
• vi) ClaJo may from time to time change the registrar that a domain is held with. The client agrees to allow ClaJo to do so as it sees fit and without notice.
• vii) At this stage we only offer domain registrations to clients who are purchasing a hosting package or domain name parking.

Obligations of the Client

The Client agrees that it shall:

• i) immediately notify ClaJo if it becomes aware of any unauthorised use of all or any of the Services and/or Servers;
• ii) not use the Services and/or Servers for any unlawful purpose or for the publication, linking to, issue or display of any unlawful material (which shall include without limit any pirated software or any material which is obscene, pornographic, threatening, malicious, harmful, abusive, harmful, defamatory or which breaches the rights (including without limit IPRs) of any third party or which is or encourages criminal acts or contains any virus, worm, trojan horse or other harmful code) whether under British law or regulation, the laws or regulations of the Clients country or any other place where the results of such purpose or such material can be accessed;
• iii) not use the Services and/or Servers for the publication, linking to, issue or display of any material which in the absolute discretion of ClaJo may harm ClaJo or any of its clients or bring ClaJo into disrepute or may call into question any action taken by ClaJo on the Client's behalf;
• iv) not use the Services and/or Servers in breach of good Netiquette practices;
• v) ensure that it has all necessary consents, permissions and licences to make use of the Services including without limit registration under the Data Protection Act 1984 and 1998;
• vi) not provide any technical or other information obtained from ClaJo and/or relating to the Services or the Contract to any person, company, firm or government which the Client knows or ought reasonably be aware may directly or indirectly lead to a breach of any British law or regulation;
• vii) not, in breach of good Netiquette practices, use any service provided by any third party (including without limit an Internet web site and/or e-mail) for the publication, linking to, issue or display of any material which refers to an Internet web site hosted by ClaJo or any other services offered by ClaJo from time to time;
• viii) ensure that all material or data hosted by ClaJo on any web site operated by the Client from time to time or communicated through such site or using the Servers is checked for viruses and other harmful code;
• ix) keep back ups of all data hosted by ClaJo on any web site operated by the Client from time to time; and
• x) promptly notify ClaJo in writing of any change to its communication address and the Client acknowledges that ClaJo shall not be liable for any costs, damages or loss which the Client may suffer or incur as a result of failure to notify such changes to ClaJo.
• The Client acknowledges that in order to make proper use of the Services it should have a basic knowledge of how the Internet functions and what types of use are and are not acceptable. The Client acknowledges that ClaJo shall have no obligation to:
  a) manipulate any material which the Client wishes and/or does post on any web site it operates or any communication which it issues or sends in connection with any of the Services; or
  b) validate or vet such material for usability, legality, content or correctness.

Price

• The current price payable for the Services shall be published on the site from time to time and confirmed at the time you request us to provide any of the services. The price is non-refundable. ClaJo shall be entitled to vary its prices from time to time however we shall give you at least one month’s notice of such increase and if you are not satisfied with such increase then you will be entitled to terminate the Contract by giving us written notice within one month of the date of the variation notice failing which you shall be deemed to have agreed to the variation.
• The price covers permitted bandwidth (monthly transfer limit). If you exceed this limit then ClaJo reserves the right to make additional charges for usage above the limit at the prevailing charge rate as stated on the site. We will let you know if your bandwidth use exceeds the agreed level.
• All prices quoted to the client for the provision of services by ClaJo are inclusive of any value added tax.

Payment

• Payment is by credit card or debit order or paypal (currently Amex, Diners Club, Visa and Master Card are accepted, debit orders are with South African Banks). The client shall authorise ClaJo to debit their card on the last day of each month.
• Where the Services include or consist of registration of domain name services, ClaJo shall be entitled to deduct payment from the client and pay this over to the appropriate naming authority. Failure for any reason by the Client to make payment before the specified date will entitle ClaJo to release the Client's domain name without any liability for loss suffered by the Client howsoever arising.
• It is of the essence of the Contract that the Contract price and all other amounts due from the Client under the Contract are paid on time. You shall be responsible for any and all expenses incurred by ClaJo in recovering overdue amounts and shall pay interest at annual rate of 5% above the base lending rate of Standard Bank of South Africa calculated daily until payment is made in full.
• Failure to settle all amounts within 7 days of the due date will result in us withholding of further services and/or suspension of existing services.
• Where a site has been suspended, an administation fee of £20 shall be payable before the site will be reactivated.
• Unpaid debit orders will incur a £5 admin fee.

Intellectual Property

• All IPRs relating to the Services provided by ClaJo are and shall remain the property of ClaJo. All rights in the design and arrangement of the Site, text and graphics and all software compilations, underlying source code, and all other material on the Site are reserved to of ClaJo or its licensors. Except as expressly provided below, nothing contained in these term of use or on the Site shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other IPRs.
• ClaJo and all other names, images, pictures, logos and icons identifying ClaJo or its services are trade marks of ClaJo in England and other countries. Other product and company names mentioned on this Site may be trade marks of their respective owners.

Indemnity

• The Client agrees to fully indemnify and keep ClaJo, its subsidiaries, affiliates, officers, partners, employees and agents fully indemnified from and against all actions, demands, costs (on a fully indemnity basis), losses, penalties, damages, liability, claims and expenses (including but not limited to legal fees) whatsoever arising from your breach of the Contract, your use or misuse of the Services, any claims by third parties as to ownership or other rights to use a Domain Name where one has been registered by or transferred to ClaJo at your request or arising in any way by the Client infringing (whether innocently or knowingly) third party rights (including without limit intellectual property rights).

Disclaimer

• Nothing in the Contract or these Conditions shall exclude or limit the liability of ClaJo for death or personal injury resulting from its negligence or fraudulent misrepresentation nor affect the statutory rights of consumers.
• To the fullest extent permitted by law the Site and its contents is provided by ClaJo on an "as is" and "as available" basis and no representations or warranties (expressed or implied) of any kind are made (and they are expressly disclaimed) with respect to the Services, the Site or its contents including, without limit, warranties of merchantability and fitness for a particular purpose. Further, ClaJo does not represent or warrant that: (i) the Services will meet your requirements; (ii) the Services will be uninterrupted, timely, secure, or error-free; (iii) any results obtained from using the Services will be accurate, complete or current.
• You acknowledge that the allocation of risk in this contract reflects the price paid for the Services and that it is not within the control of ClaJo how or for what purposes the Services are used. If any exclusion in this license is held to be invalid and ClaJo becomes liable for loss or damage that may lawfully be limited then such liability shall be limited to the amount paid by you for the Services.
• ClaJo shall have no liability to the Client for any loss arising from any material, data or instructions supplied whether digitally or otherwise by the Client or on its behalf which is incomplete, inaccurate, illegible, out of sequence or in the wrong form or arising from late arrival or non-arrival or any other fault by the Client or on its behalf.
• ClaJo is not responsible for any delay, malfunction, non performance and/or other degradation of performance of any of the Services caused by or resulting from any alteration, modification and/or amendments due to changes and specifications requested or implemented by the Client whether or not beyond the Services already supplied. ClaJo reserves the right to raise additional charges for any work so arising.
• If any Services are or become unavailable then ClaJo will use reasonable endeavours to repair and reinstate the service as soon as possible after detection depending on the severity of the failure. If failure is caused by the Client or any agent of the Client to whom access to Servers was given then the Client shall pay all costs to reinstate and/or repair the Server. Where such unavailability is due to the negligent failure of ClaJo to deal with circumstances within its control and is for more than a total of 24 hours in any 30 day period or for any 6 consecutive hour period then ClaJo will at its discretion either pay to you compensation limited to a refund of the fee paid by you for the unavailable Services or provide you with a credit up to the same amount.
• Neither ClaJo nor anyone else who has been involved in the creation, production or supply of the Services shall be liable to the Client or any other person for any loss in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof by reason of or in connection with the Contract or the Services for any:
  (i) economic loss of any kind whatsoever, or
  (ii) loss of profit, business contracts, revenues or anticipated savings, or
  (iii) damage to the Client's reputation or goodwill, or
  (iv) loss resulting from any claim made by any third party, or
  (v) special, indirect or consequential loss or damage of any nature whatsoever, and the Client shall indemnify ClaJo from and against any claim which may be made against ClaJo in respect thereof. Some jurisdictions do not allow the exclusion or limitation of implied warranties or of liability for consequential or incidental damages and therefore the above may not apply to you.
• If ClaJo is prevented or delayed in or from performing any of its obligations under the Conditions or the Contract due to circumstances beyond its control such as but not limited to governmental acts, war, riots, strikes or trade disputes (including by and with our own employees), technical failure, general availability of the Internet, power failure, communications failure, weather, flood, fire or explosion, natural or local emergency ClaJo shall not be liable for this.