APD Electronic Systems Policy's |
Terms and Conditions
Hosting & Reseller Agreement
Marzi Investments 127 – Hosting Solutions cc, trading as APD Electronic Systems (hereafter referred to as "APD"), is a privately owned close corporation of South Africa.
By using our web hosting services, you agree to comply with our policies. You are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. We expect you to have a basic knowledge of how the Internet functions, the types of uses which are generally acceptable, and the types of uses which are to be avoided. Common sense is the best guide as to what is considered acceptable use. The following are unacceptable uses:
Illegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted software, violation of export restrictions, harassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities.
Interpretation
The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. APD Electronic Systems reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.
Illegal Use
Our servers may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes a legal threat, or violates export control laws. Examples of unacceptable content or links: "Pirated software", "Hackers programs or archives", "Warez Sites", "Irc Bots", "Mp3" etc.
There is also a limit of 100MB of image files that a normal hosting package can have. Individual file size cannot be more 1MB unless it a software that is written by your company and are selling on your site. But remember even for this you must first confirm with support@apdcentral.com. For special requirements please contact us. We will be the sole arbiters as to what constitutes a violation of this provision.
Policy on Unlimited Hosting packages
Total combined sized of all media files cannot be more than 500MB. Flash intros and websites done in flash are allowed. You cannot offer free disk space, bandwidth or free email or resell it on your website or in any other way distributed as part of any other service to users as these are business servers and we allow you to use our resources and to not abuse it. Database sizes are 500MB max. You can only host one business website on one hosting account. No bulk download/upload websites can be hosted on these packages. There is also a limit of 2000MB of image files that a normal hosting package can have. Individual file size cannot be more then 10MB unless it's software that is developed by your company (i.e. you own the source code of the software) and you are selling it on your site. But remember even for this you must first confirm with support@apdcentral.com. For special requirements please contact us. Please remember there are no exceptions.
The reasons behind these strict policies are to maintain high quality bandwidth and other resources so all our customers can enjoy equal quality of our services.
Policy on Cell Providers In South Africa
There is a no refund policy on any sim card or services for the cell providers in South Africa, with no exception as per Cell Provider Policy
Cell C
MTN
Telkom
Vodacom
Policy on Unlimited Hosting packages - (for orders placed up to 11th April 2007)
We do not allow any media files of any extension at all on our servers. Although Flash intros and websites done in flash are allowed. You cannot offer free disk space, bandwidth or free email or resell it on your website or in any other way distributed as part of any other service to users as these are business servers and we allow you to use our resources and to not abuse it. Database sizes are 250MB max. You can only host one business website on one hosting account. No bulk download/upload websites can be hosted on these packages. There is also a limit of 250MB of image files that a normal hosting package can have. Individual file size cannot be more then 5MB unless it's software that is developed by your company (i.e. you own the source code of the software) and you are selling it on your site. But remember even for this you must first confirm with support@apdcentral.com. For special requirements please contact us. Please remember there are no exceptions.
The reasons behind these strict policies are to maintain high quality bandwidth and other resources so all our customers can enjoy equal quality of our services.
Reselling of resource, System and Network Security
You are not allowed to resell any part of the resources allocated to your hosting account (i.e. disk space, email etc) nor re-distribute them in anyway without our consent. Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
It is a violation for anyone who, including but not limited to, employs posts or programs which consume excessive CPU time or storage space, permits the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for their own account; or resale of access to CGI scripts installed on our servers.
Tortuous Conduct
No one shall post defamatory, scandalous, violent or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
Spamming
Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site or distributing, advertising or promoting software or services that have the primary purpose of encouraging or facilitating unsolicited commercial E-mail or spam. It is contrary to APD Electronic Systems policy for customers to use our servers to effect or participate in any of the following activities:
· To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list;
· To send unsolicited mass e-mailings, if such unsolicited e-mailings provoke complaints from the recipients;
· To engage in any of the foregoing activities using the service of another provider, but channeling such activities through a APD Electronic Systems provided server, or using a APD Electronic Systems provided server as a maildrop for responses;
· To falsify user information provided to APD Electronic Systems or to other users of the service in connection with use of APD Electronic Systems service.
When APD Electronic Systems becomes aware of an alleged violation of its AUP (Acceptable Use Policy), APD Electronic Systems will initiate an investigation (within 24-48 hours). During the investigation APD Electronic Systems may restrict the customer's access in order to prevent further possible unauthorized activity. If the customer is found in violation of our SPAM policy APD Electronic Systems may, at its sole discretion, restrict, suspend, or terminate customer's account and/or pursue other civil remedies. Also, APD Electronic Systems reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. If such violation is a criminal offence, APD Electronic Systems will notify the appropriate law enforcement department of such violation.
APD Electronic Systems does not issue service credits for any outages incurred through service disablement resulting from Policy violations.
The customer shall be held liable for any and all costs incurred by APD Electronic Systems as a result of the customer's violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. First violations will result in a Cleanup Fee of R1500 and the customer’s account will be reviewed for possible immediate termination. A second violation will result in Cleanup Fee of R3500 and immediate termination of the customer’s account. The Customer who violates this policy agrees to also pay Investigation Fees of no more than R1500 per hour that APD Electronic Systems personnel must spend to investigate any violations. In addition to above if our audit personnel pick up any spam being sent from your email, you will be charged R2/Email per 1MB(or less then 1MB) in size. Charges are per MB of mail size. This charge will be added to Customer's account. If penalty amount is not paid within 72 hours of the incident then APD Electronic Systems reserve the right to suspend customer's service.
Modification
APD Electronic Systems reserves the right to add, delete, or modify any provision of this Policy at any time without notice.
CUSTOMER SERVICE AGREEMENT
This is an agreement between you and Marzi Investments 127 - Hosting Solutions cc, trading as APD Electronic Systems (hereafter referred to as "APD Electronic Systems "), regarding your use of APD Electronic Systems ’ computers, interactive information, communication and server management service. This Agreement governs the terms and conditions under which APD Electronic Systems makes the services offered by APD Electronic Systems available to individual consumers through a personal computer or similar access, or to individual consumers or small businesses in connection with the "APD Electronic Systems” web hosting or similar services. Under this Agreement, you must comply with APD Electronic Systems ’ then current "Acceptable Use Policy," as updated from time to time by APD Electronic Systems .
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
1. APD Electronic Systems will host an account for you, the purchaser (hereafter referred to as the “customer”), for the customer’s chosen domain name, for the period of time (the Term) corresponding with the payment plan chosen by the customer. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated. We require notification of non-renewal with at least 30 days notice but not more than 60 days prior to the renewal date. You must have all account information to cancel and send your notification via email to accounts@apdcentral.com, upon receipt of the email we will provide you with an online cancellation form which must be completed to confirm cancellation. If you do not provide this notice and also complete the online cancellation form, you will be charged for the next terms rate. There are no refunds on a la carte services.
2. The customer agrees to an online, paperless subscription and acknowledges that all the information that is submitted online is true and correct to the best of their knowledge. The customer agrees that the act of submitting the order form online is in lieu of their signature.
3. Initial Set-up fees are non-refundable. Domain Name Registration fees constitute a once-off payment subject to certain renewal charges. Domain names are initially registered under APD Electronic Systems ’ name and are only transferred to the customer’s name after 120 continuous days of subscription to APD Electronic Systems ’ service. Free domain name registration is only applicable for the 1st year of hosting and the customer will be charged a domain name renewal fee once the initial year’s registration lapses. If a notice of cancellation is received within 120 days of signing up then the customer will be liable to pay the domain registration fees or the domain name will not be transferred to the customer’s name.
4. The Account Holder acknowledges that APD Electronic Systems will not be liable for any loss of use, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, delict, or otherwise which may be suffered as a result of or which may be attributable, directly or indirectly, to the use and/or registration of the selected domain name and accordingly indemnifies APD Electronic Systems against any loss whatsoever arising from any dispute or claim occasioned by the registration, domain name expiry and/or domain name hijacking of the selected domain name whether occasioned by any act or omission of APD Electronic Systems , its representatives, agents or employees or otherwise.
5. APD Electronic Systems ’ services are provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. APD Electronic Systems expressly disclaims any representation or warranty that the APD Electronic Systems services will be error-free, secure or uninterrupted. No oral advice or written information given by APD Electronic Systems, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice. The terms of this Section will survive any termination of this Agreement.
6. The Virtual Web Server Internet account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. Further, the Account Holder agrees not to store, transmit, link to, advertise or make available any images containing pornography. Violations of these or any other provisions of this Agreement may result in termination of the services provided by APD Electronic Systems , with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of APD Electronic Systems based upon the severity of the violation.
APD Electronic Systems reserves the right to refuse service if any of the content within, or any links from, the Account Holder's website is deemed illegal, misleading, or obscene, or is otherwise in breach of APD Electronic Systems ’ then current Acceptable Use Policy, in the sole and absolute opinion of APD Electronic Systems . Notwithstanding anything in this Agreement, the content of the Account Holder's website is the sole responsibility of the Account Holder. The Account Holder agrees to indemnify and hold harmless APD Electronic Systems from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney's fees, costs, and other expenses incurred APD Electronic Systems , (collectively, Claims) related to or in connection with the content of the Account Holder's website. The terms of this Section will survive any termination of this Agreement.
7. Any domain orders/renewal are not guaranteed by APD Electronic Systems in any condition even if the payment has been made by the client.
8. Account Holder acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Account Holder. Account Holder is aware that APD Electronic Systems reserves the right to change the specified rates and charges from time to time.
9. The Account Holder agrees to follow generally accepted rules of "Netiquette" when sending e-mail messages or posting to newsgroups. Account Holder is responsible for security of its password. APD Electronic Systems will not change passwords to any account without proof of identification, which is satisfactory to APD Electronic Systems, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes Account Holder, Account Holder understands that APD Electronic Systems will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will APD Electronic Systems be liable for any losses incurred by Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless APD Electronic Systems from any and all Claims arising from such ownership disputes. The terms of this Section will survive any termination of this Agreement.
10. The Account Holder agrees not to harm APD Electronic Systems , its reputation, computer systems, programming and/or other persons using APD Electronic Systems ’ services. APD Electronic Systems reserves the right to select the server for Account Holder's website for best performance. The Account Holder understands that the services provided by APD Electronic Systems are provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If the Account Holder's website overwhelms the server and causes complaints from other users, the Account Holder has outgrown the realm of shared servers, and will need to relocate its website. APD Electronic Systems will refund any unused portion of prepaid services (If account is terminated by APD Electronic Systems). Setup, service and Domains renew fees are non-refundable,
The prepaid account holder must give 60 day prior notice for cancellation of services. Any discount for pre paid service will be deducted from any refunds due. On discretion, a penalty of 90 days will be levied for account holders not complying with the 60 days notice of renew term period. Any refund due for Pre paid account holders will paid 60 days after cancellation month end, to accumulate for any fees due prior. Once services commence more that 30 days after new term, no refunds will be done for prepaid services.
If the Account Holder does not comply with this Section, then APD Electronic Systems has the right to terminate the services provided to the Account Holder without any refunds of the unused portion prepaid by the Account Holder. Any refund will be done on the discretion of APD Electronic Systems management approval.
11. The Account Holder's rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of APD Electronic Systems.
12. If the Account Holder sells or resells advertising or web space to a third party then the Account Holder will be responsible for the contents of that advertising and the actions of that third party. APD Electronic Systems has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current APD Electronic Systems Acceptable Use Policy. The e-mail distribution by the Account Holder of "SPAM", "JUNK MAIL", or "UNSOLICITED COMMERCIAL E-MAIL", is expressly prohibited. If the Account Holder refuses to remove any advertising or other third party content deemed objectionable by APD Electronic Systems, APD Electronic Systems may terminate the services being provided to the Account Holder.
13. APD Electronic Systems will use its best efforts to maintain a full time Internet presence for the Account Holder. The Account Holder hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall APD Electronic Systems be liable to the Account Holder for any damages resulting from or related to any failure or delay of APD Electronic Systems in providing access to the Internet under this Agreement. In no event shall APD Electronic Systems be liable to the Account Holder for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of APD Electronic Systems under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive any termination of this Agreement.
14. This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Account Holder is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A APD Electronic Systems account may not be transferred without prior written approval APD Electronic Systems. The Account Holder is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Account Holder's account, the Account Holder will be liable for any unauthorized use of APD Electronic Systems ’ services, including any damages resulting there from, until the Account Holder notifies APD Electronic Systems customer service.
15. If APD Electronic Systems assigns the Account Holder an Internet Protocol address in connection with the Account Holder's use of the APD Electronic Systems services, the right to use that Internet Protocol address will remain with and belong only to APD Electronic Systems, and the Account Holder will have no right to use that Internet Protocol address except as allowed by APD Electronic Systems in its sole and absolute discretion.
16. This Agreement constitutes the entire agreement between the Account Holder and APD Electronic Systems with respect to the APD Electronic Systems services and supersedes all prior agreements between the Account Holder and APD Electronic Systems. This Agreement supersedes all representations made to the customer, all amendments effected by the customer to any application form or other similar document submitted by him and all communications between APD Electronic Systems and the customer relating to the subject matter hereof. APD Electronic Systems’ failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.
17. The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mindset, without formal proceedings. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in South Africa. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.
18. The Account Holder agrees to indemnify and hold APD Electronic Systems harmless from any and all Claims resulting from or connected with any activities conducted by the Account Holder. The Account Holder and APD Electronic Systems will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph will survive any termination of this Agreement.
19. APD Electronic Systems may include the Account Holder's name and contact information in directories of APD Electronic Systems ’ service subscribers for the purpose promoting the use of the services by additional potential clients. However, APD Electronic Systems is not authorized to print the Account Holder's name, trademarks or other identifying information in any other advertising or promotional materials without the prior written consent of the Account Holder.
20. The interpretation and enforcement of this Agreement shall be governed according the laws of the Republic of South Africa (excluding its choice of law rules). The Account Holder hereby consents to personal jurisdiction in the federal and provincial courts of South Africa for any action arising out of or relating to the Account Holder's use of the APD Electronic Systems services. The federal and provincial courts of South Africa will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. The terms of this Section will survive any termination of this Agreement.
21. Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery or by mail. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested; with all postage and charges prepaid. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, or as specified by subsequent written notice delivered by the party whose address has changed.
22. Because the Internet is a global communication tool, and we have clients from nearly every country in the world it is difficult to dictate what is considered "adult material." However, it is not our function to discriminate against those who choose to utilize adult content or adult related material. This being said, there are still several reasons why APD Electronic Systems has been forced to create it’s no adult sites policy for its virtual server users.
23. Virtual account holders can receive a refund if account is cancelled within the initial 30 days after sign up. Reseller account holders can receive a refund if account is cancelled within the initial 7 days after sign up. If the account holder cancels after the time period specified, there will be no refund given. Refunds are only applicable to hosting services.
24. APD Electronic Systems may temporarily deny service or terminate this Agreement upon the failure of Account Holder to pay charges when they become due. Such termination or denial will not relieve the Account Holder of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
25. If an account holder's account becomes overdue, the account will be suspended. Interest will accrue on the overdue account at a rate of 5% per month until the outstanding balance is paid in full.
26. If an account holder charges back for services rendered, a R400 charge back fee will be added to the amount charged back by the customer.
27. In the event of 30 days of non-payment, you agree to APD Electronic Systems’ right to place a "non-payment" page on your domain. Furthermore you agree that DNS of your domain will remain unchanged until full payment for the outstanding balance on your account has been received by APD Electronic Systems.
28. In the event of suspension of account due to non-payment, a re-activation fee of R150 will be charged if the client wants to re-activate his/her account.
29. If an account holder's account is overdue for 90 days, the account will be handed over to an outside collection agency. At that time the account holder will incur a minimum collection fee of R400 or 25% of the balance due, the amount to be determined by APD Electronic Systems at its sole discretion.
30. Credit card service accounts on cancellations will receive their final transaction payout 6 months after cancellation date. This is due to the fact that banks can have charge backs from the credit card owner for up to 6 months.
31. Minimum transaction amount when using our Credit Cards Services is R20 in a single transaction. Maximum transaction amount is R2000k unless approved by APD Electronic Systems or Payment24 previously.
32. Final transaction amount needs to be approximately 50% of the total amount of last 10 transactions or 50% of the total transactions received in last 6 months. This is the amount that will be held for 6 months after cancellation. This is due to the reason mentioned in point:30 above.
33. Credit card service accounts are setup on Payment24.Co.Za systems, and customers will have to abide by the terms, policy and conditions mentioned FAQ's section on payment24.co.za along with the terms mentioned in this document.
34. If you had received a discount on any service on signup then in case of cancellation of a related service within 120 days will void that discount and you will be charged full fees according to the normal price of that service at the time of signup.
35. Domain registrations are only valid with hosting if hosting is continued for 120 consecutive days. In the event of cancellation before 120 days of hosting is achieved, you will be required to pay the full domain registration according to the normal price of that service at the time of signup. We also require valid Land line numbers for all services including domains, hosting, credit card services, dedicated servers, internet connectivity.
36. All accounts are subject to verification.
37. You agree that APD Electronic Systems may establish limits concerning use of any APD Electronic Systems service offered on any APD Electronic Systems web site, including without limitation the maximum number of days that e-mail messages will be retained by any APD Electronic Systems service, the maximum number of e-mail messages that may be sent from or received by an account on any APD Electronic Systems service, the maximum size of an e-mail message that may be sent from or received by an account on any APD Electronic Systems service, the maximum disk space that will be allotted on APD Electronic Systems ’ servers on your behalf either cumulatively or for any particular service. You agree that APD Electronic Systems has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any APD Electronic Systems service. You acknowledge that the features, parameters (for example, the amount of storage available to users) or existence of any APD Electronic Systems service may change at any time.
38. First DNS change ticket submitted by APD Electronic Systems for co.za/org.za/za.net domain is free for Domain Registration orders. There after every ticket submitted by APD Electronic Systems to change DNS to any 3rd Party servers will be charged at R89 per Ticket Submitted. We do not take responsibility that ticket will be successful due to many points of failures.
39. DNS Change tickets to any 3rd party which were not Domain Registration orders are charged at R99/ticket submitted. We do not take responsibility that ticket will be successful due to many points of failures.
40. If a customer has signed and completed a Debit Form and his/her debit order fails for whatever reason they will be charged Administration fee. 1st Debit Order Failure is charged at R50. 2nd Debit Order Failure is Charged at R75. After 2nd consecutive debit order failure APD Electronic Systems will not run debit order again on customers account. We reserve the right to decline any debit order forms.
41. If customer's debit order has failed, customer must settle the outstanding amount within 3 days of debit order failure.
42. Debit orders can run any day between 25th to 7th of next month depending on the available dates by our provider of this service.
43. Credit Card Charge backs will be charged at 8% ex Vat + R25 Administration Fee.
44. If a account is suspended/terminated then re-activation Fee per Account is R150 (not per domain), this does not include any file/email restoration.
45. Restoration of databases is charged R380/Hour with a minimum charge of R300.
46. Restoration of Email accounts are charged R380/Hour with a minimum charge of R300.
47. Restoration of Website Files are charged R380/Hour with a minimum charge of R300.
Some special policies for all of our Credit Card Verification services
1. Credit Card Charge backs will be charged at 8% ex Vat + R55 Administration Fee.
2. Charge back enquiries by Banks and Vendor's customers are handled at R55 per action from our side. Therefore it’s important for a Vendor that they use proper wording and inform their clients about the transaction details. All transactions display Payment24 and WAPPOINT in bank statement.
3. Three Charge backs within 1 calendar month will result in increase of Transaction Rate by 1% for Vendors future transactions.
4. If a Vendor gets more than 3 Charge backs within a month, it will result in suspension of account.
5. Transaction amount limit is initially set to R2000, after 6 months it’s increased to R5000 on Vendor's request and review by APD Electronic Systems Management.
6. 1st Payout occurs at least 16 days after the new Vendor does first transaction on their account.
7. For turnover of more than R20k per month consistently for past 3 months at least, transaction fee for Vendor's future transactions could be dropped by 1% per transaction on Vendor's request and review by APD Electronic Systems Management.
8. Special Payouts are charge at R150 per payout excluding any other fees as per Service agreement.
9. Our technology is provided by Payment24 and Wappoint.
10. Please visit Payment24 FAQ for more information: http://www.payment24.co.za/server/company/faq_list.asp. But above points are most up to date
11. APD Electronic Systems reserves the right to refuse any Vendor Transaction.
12. APD Electronic Systems reserves the right to reverse any Vendor Transaction if a transaction does not comply with our internal security checks. Transaction reversals are charged at R25.
13. All Customers with credit terms , please note Laptops and Phone are excluded from any Net payment conditions.
Electronic Communications
When you visit all APD Electronic Systems Websites or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Cancellation details for all of our Credit Card Verification services
1. Cancellation period is 1 month Calendar notice.
2. On cancellation confirmation last month’s unpaid transactions are held back for 6 months as credit card transactions can be reversed for up to 6 months.
3. If in last month no transactions occurred, Vendor must pay additional funds to cover last 5 transactions total sum amount. All this amount is re-paid out to client after 6 months. No monthly Service cancellation can be processed without this.
4. If Vendor did not receive any transactions in last 6 months then Step.3(above) is not required.
What does APD Electronic Systems consider "Adult Material?"
Any site whose revenue is gained in part or whole from its adult content.
Photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes.
Photos or videos showing graphic violence or death.
Revenue-generating hyperlinks to sites that violate policy #1.
Why does APD Electronic Systems have this policy?
A virtual server is a shared environment where many websites & domains reside on each particular server. This being said, consider that an average "adult site" gets more hits than 100 standard websites. Some of the smaller adult sites get around 5 GB of transfer per day. With these types of resources being utilized, our servers would be severely slowed if we allowed these high traffic sites to also reside on our servers. On top of that, we would be forced to raise our prices to pay for the additional bandwidth. We strive to keep our service offering fast and inexpensive, and our bandwidth clear; therefore, adult sites are not an option.
APD Electronic Systems reserves the right to decide what it considers "adult content", "adult material", "sexually explicit", or "sexually related". Let us know if you are unsure of the approval of your site before placing an order.
User Internet Access Service Agreement
1. This Internet Access Services Agreement (hereinafter referred to as the "Agreement") is a legally binding contract concluded between Marzi Investments 127, T/A APD Electronic Systems, Registration No. CK2005/024873/23 with its principal place of business at 5 Hercules Street , Impala Park, Boksburg (hereinafter referred to as "APD") and any individual, close corporation, association, agency, company, or other Legal entity (hereinafter referred to as the "USER") who accesses and I or uses the facilities, systems, or services of APD Electronic Systems.
2. The USER agrees to be bound by the terms of this Agreement as a prerequisite to and in consideration for receiving and using the Internet Access Services provided by APD. The Internet Access Services shall include but not be limited to any and lor all services, information, materials and systems, etc., accessed or used though or by means of any APD’S facilities, systems or services. In the event of a breach of this Agreement by the USER, all the USER'S Internet Access Services provided by APD shall be immediately terminated and upon any such termination all USER fees paid, shall be forfeited to APD as liquidated damages. The aforesaid right of termination shall be exercised in APD’S sole discretion, and knowledge of and I or acquiescence by APD in similar or prior breaches by the USER shall not preclude APD’S subsequent exercise of this right of termination.
3. The USER with his I her signature hereof, certifies that any materials supplied to APD for publication by electronic or other media and I or are published by the USER himself through the use of APD’S Internet Access Services are not copyrighted. Where copyright exists on such materials, the USER warrants that authority has been obtained from such copyright holder to publish such materials. The USER herewith indemnifies APD and agrees to carry all costs, including legal costs on an Attorney and Client scale, should a copyright dispute arise as a result of materials supplied by the USER.
4. Internet Access Services provided by APD may only be used for lawful purposes and in accordance with all applicable laws, statutes, rules and I or regulations of the Republic of South Africa. The use of APD’S facilities for any unlawful activity in violation of any law of South Africa, or international governing law, statute, rule, regulation or ordinance is strictly prohibited and constitutes a breach of this agreement.
5. The prohibition of unlawful uses and activities by the USER includes, but are not limited to the sending of unsolicited email (SPAM), transmission, promulgation, theft, procurement, communication, alteration, publication, storage, or use of any information, material, property, images, code, or data in violation of any laws relating to intellectual property, copyright, patents, trade mark, trade secret, privacy, indecency, obscenity, or harassment.
6. The USER is solely responsible to obtain the required knowledge of and I or adherence to any and all applicable laws, statutes, rules and regulations pertaining to the USER'S use of any of APD’S facilities, systems, or services, and to the communications means by which the USER connects its terminal or PC to APD’S facilities, systems, or services or any other service provided by APD.
7. APD reserves the right, but does not accept any liability, to read, examine, delete, evaluate or inspect any information contained in a USER'S files, electronic mail messages, newsgroup postings or other communications to the extent deemed necessary, in APD’S sole discretion in order to protect APD, its facilities, systems, or other users from or damage or legal liability from whatsoever nature, and for proper administration and maintenance of the system. APD will not release or disclose any of the USER'S information to any other party unless required or directed to do so by an applicable legal authority and I or Court Order. Unless legally prohibited from doing so, APD shall make all reasonable efforts to notify the USER of any
disclosure of the USER'S information to third parties. Notwithstanding the aforesaid APD reserves the right to disclose USER information in order to prohibit or prevent any unlawful activity by the USER and I or in the event of any legal action or proceedings instituted against APD by the USER and I or any other party as a result of any activity or action by the USER.
8. With signing hereof contract the agreement shall be binding for a minimum period of 365 calendar days, thereafter Cancellation of this internet access services agreement can be done by either party giving the other written notice of not less than 60 (sixty) days at the other party's chosen domicilium citandi et executandi. APD reserves and will have the right to delete all data, files and I or other information that is stored or held in the USER'S account, if the USER'S account with APD is terminated, for any reason, by either APD or the USER.
9. The resale of APD services by USER is strictly prohibited. Not more than one login session may be active at any given time for any specific USER account.
10 The USER acknowledges that access to the world wide Internet is dependent upon various factors, technologies and systems, which are beyond APD’S authority and control and that routine maintenance and periodic system repairs, upgrades, and reconfigurations may result in temporary impairment or interruption of service to the USER. In lieu of the aforesaid APD does not guarantee continuous or uninterrupted service, and reserves the right, from time to time, to temporarily reduce and / or suspend its service to the USER without notice. APD will as far as reasonable possible, but cannot guarantee such efforts, notify the USER'S in advance of any such service reduction or interruption and schedule any such service reduction or interruption during off-peak periods and for as brief duration as possible.
11 APD shall not be liable to the USER for any consequential loss or damage sustained by the USER in connection with the agreement or for any claims made by any other legal entity whatsoever. The USER hereby indemnifies and hold harmless APD, its officers, directors, shareholders, agents, employees and other users, from any and all claims, costs, expenses, judgments, causes of actions, attorneys fees, litigation, or court costs resulting from the USER'S use of APD’S facilities, systems, or services in any manner, whether directly, indirectly, or by any act or omission.
12 It is expressly recorded that APD does not warrant or guarantee, without limitation thereof, the availability, accuracy or content of information, products or services provided through and / or in connection with the facilities, systems, or services of APD or the merchantability or fitness thereof for a particular purpose.
13 APD does not accept any liability, including without limitation, for damages caused by any failure of performance, error, omission, interruption, electrical surge/damage/interference, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction of or unauthorized access to, alteration of, or use of records whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
14.The Rules, Policies and System Use Guidelines of APD can be found at http://www.apdcentral.com/Legal.htm and are incorporated herewith of this Agreement. Violation of any of APD Rules and Regulations shall constitute breach of this Agreement. APD reserves the right to amend APD Rules and Regulations from time to time and any such amendments shall become effective upon promulgation thereof to the USER.
15.The USER nominates the street address, as aforesaid, as the domicilium citandi et executandi for the service of all notices and legal process pursuant to the terms and conditions of this agreement.
16.The USER shall be responsible and liable for all and / or any legal costs on an Attorney and Own Client scale, incurred by APD to recover any monies due by the USER and / or occasioned by a breach of any of the terms and conditions contained herein by the USER, which legal costs shall include tracing costs, collection commission and any related cost or expenses.
17. The parties hereby agree that this agreement is subject to the Law of South Africa and consent to the jurisdiction of the Magistrate's Court should any claim arising out of the terms and conditions of this Agreement be beyond the jurisdiction of the Magistrate's Court. Notwithstanding the aforesaid, APD shall have the right to take legal action against the USER in any other Court of competent jurisdiction.
18. This Agreement and any written extensions thereof represents the whole agreement between the parties and supersedes all prior written or oral negotiations, representations, guaranties, warranties, promises, orders, statements, or agreements between the parties or any statement or representation made or furnished by any other person representing or purporting to represent either party. No variation hereof shall be binding and have effect, unless agreed to by the USER and APD in writing.
19. 1/ We the Directors, Members, Partners / Proprietors for and on behalf of the USER hereby undertakes to personally honor any indebtedness of the USER towards APD and I / We hereby bind myself / ourselves as surety(ies) and co-principal debtor(s) to and in favor of APD for all and the debts of the USER hereinafter incurred pursuant to the Agreement.
Additional detail can be obtained by writing to legal@apdcentral.co.za
ACCEPTABLE INTERNET USE POLICY
General Notice
Thank you for reading DSLSHop’s Acceptable Use Policy (AUP). By accessing this website, or by contracting with us for service, you agree, without limitation or qualification, to be bound by this policy and the terms and conditions it contains, as well as any other additional terms, conditions, rules or policies which are displayed to you in connection with this service/website.
The purpose of this AUP is to comply with the relevant laws of the Republic; to specify to customers and users of our service/website what activities and online behaviour are considered an unacceptable use of the service/website; to protect the integrity of our network and to specify the consequences that may flow from undertaking such prohibited activities.
All Broadband Accounts shall be for minimum period of 90 days , Cancellation will be 30 days prior to the cancellation of the service, If you fail to cancel your service in writing , you will be billed for 30 days, and be liable for all cost.
This document contains a number of legal obligations which you are presumed to be familiar with. As such, we encourage you to read this document thoroughly and direct any queries to our customer services/legal department at 087 808 8678.
DSLSHop respects the rights of our customers and users of our services to freedom of speech and expression; access to information; privacy; human dignity; religion, belief and opinion in accordance with our constitution. We undertake not to interfere with any of those rights unless required to do so by law; unless those rights are exercised for unlawful purposes; or unless the exercise of those rights threatens to cause harm to another person or affect the integrity of our network.
ISPA membership and Code of Conduct
DSLSHop confirms that in compliance with section 72 of the Electronic Communications and Transactions Act 25 of 2002, DSLSHop is a member of the Internet Service Providers‘ Association (ISPA) and has adopted and implemented the association‘s official Code of Conduct, which can be viewed at www.ispa.org.za/code.
Unlawful Use
DSLSHop’s services/website may only be used for lawful purposes and activities. We prohibit any use of our website/network including the transmission, storage and distribution of any material or content using our network that violates any law or regulation of the Republic. This includes:
1. Any violation of local and international laws prohibiting child pornography; obscenity; discrimination (including racial, gender or religious slurs) and hate speech; or speech designed to incite violence or hatred, or threats to cause bodily harm.
2. Any activity designed to defame, abuse, stalk, harass or physically threaten any individual in the Republic or beyond its borders; including any attempt to link to, post, transmit or otherwise distribute any inappropriate or defamatory material.
3. Any violation of Intellectual Property laws including materials protected by local and international copyright, trademarks and trade secrets. Moreover DSLSHop cannot be held liable if you make any unlawful use of any multimedia content accessed through the search facility provided by DSLSHop’s network, or otherwise available through access to our network, whether for commercial or noncommercial purposes.
4. Any violation of the individual‘s right to privacy, including any effort to collect personal data of third parties without their consent.
5. Any fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; the impersonation of another subscriber without their consent; or any attempt to enter into a transaction with DSLSHop on behalf of another subscriber without their consent.
6. Any violation of the exchange control laws of the Republic.
7. Any activity that results in the sale, transmission or distribution of pirated or illegal software.
8. Failing to respond to a request by a recipient of unsolicited mail to be removed from any mailing or direct marketing list and continuing to send unsolicited mail following such a request for removal. Where any user resides outside of the Republic, permanently or temporarily, such user will be subject to the laws of the country in which s/he is currently resident and which apply. On presentation of a legal order to do so, or under obligation through an order for mutual foreign legal assistance, DSLSHop will assist foreign law enforcement agencies (LEA) in the investigation and prosecution of a crime committed using DSLSHop’s resources, including the provisioning of all personal identifiable data.
Prohibited Activities
The following sections outline activities that are considered an unacceptable use of Company's services/network/website and also detail the guidelines for acceptable use of certain facilities/services, as the case may be.
Threats to Network Security
Any activity which threatens the functioning, security and/or integrity of DSLSHop’s network is unacceptable. This includes:
· Any efforts to attempt to gain unlawful and unauthorised access to the network or circumvent any of the security measures established by DSLSHop for this goal;
· Any effort to use DSLSHop’s equipment to circumvent the user authentication or security of any host, network or account ("cracking" or "hacking");
· Forging of any TCP-IP packet header (spoofing) or any part of the header information in an email or a newsgroup posting;
· Any effort to breach or attempt to breach the security of another user or attempt to gain access to any other person's computer, software, or data without the knowledge and consent of such person;
· Any activity which threatens to disrupt the service offered by DSLSHop through "denial of service attacks", flooding of a network, or overloading a service or any unauthorised probes ("scanning" or "nuking") of others' networks;
· Any activity which in any way threatens the security of the network by knowingly posting, transmitting, linking to or otherwise distributing any information or software which contains a virus; Trojan horse; worm, lock, mail bomb, cancelbot or other harmful, destructive or disruptive component.
· Any unauthorised monitoring of data or traffic on the network without DSLSHop’s explicit, written consent.
· Any unsolicited mass mailing activity including direct marketing; spam and chain letters for commercial or other purposes, without the consent of the recipients of those mails.
Public Space and Third Party Content and sites
In reading this AUP or in signing a service contract with DSLSHop, you acknowledge that DSLSHop has no power to control the content of the information passing over the Internet and its applications, including e-mail; chatrooms; news groups; or other similar fora, and that DSLSHop cannot be held responsible or liable, directly or indirectly, for any of the abovementioned content, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such content.
Our services also offer access to numerous third party webpages. You acknowledge that we exercise absolutely no control over such third party content, or sites and in such cases, our network is merely a conduit or means of access and transmission. This includes, but is not limited to, third party content contained on or accessible through the DSLSHop network websites and web pages or sites displayed as search results or contained within a directory of links on the DSLSHop network. It remains your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you.
Access to public Internet spaces, such as bulletin boards, Usenet groups, chat rooms and moderated forums is entirely voluntary and at your own risk.
DSLSHop employees do not moderate any of these services, or your communications, transmissions or use of these services. We do not undertake any responsibility for any content contained therein, or for any breaches of your right to privacy that you may experience as a result of accessing such spaces.
Usenet Newsgroups
The customer is responsible for determining and familiarizing himself or herself with the written policies of a given newsgroup before posting to it.
The customer must comply with these guidelines at all times which can be obtained from other users of the newsgroup upon request, or from the group's administrators/moderators.
The following are prohibited practices with regard to Usenet newsgroups and DSLSHop reserves the right to delete and/or cancel posts which violate the following conditions:
1. Excessive cross-posting of the same article to multiple newsgroups.
2. Posting of irrelevant or off-topic material to newsgroups (also known as USENET spam).
3. Posting binaries to a non-binary newsgroup.
4. Posting adverts, solicitations, or any other commercial messages unless the guidelines of the newsgroup in question explicitly permit them.
Unsolicited, Spam and Junk mail
Spam and unsolicited bulk mail are highly problematic practices. They affect the use and enjoyment of services by others and often compromise network security. DSLSHop will take swift and firm action against any user engaging in any of the following unacceptable practices:
1. Sending unsolicited bulk mail for marketing or any other purposes (political, religious or commercial) to people who have not consented to receiving such mail;
2. Operating or maintaining mailing lists without the express permission of all recipients listed;
3. Failing to promptly remove from lists invalid or undeliverable addresses or addresses of unwilling recipients;
4. Using DSLSHop’s service to collect responses from unsolicited e-mail sent from accounts on other Internet hosts or e-mail services, that violate this AUP or the AUP of any other Internet service provider;
5. Including DSLSHop’s name in the header or by listing an IP address that belongs to DSLSHop in any unsolicited email sent through DSLSHop’snetwork or not;
6. Failure to secure a customer‘s mail server against public relay as a protection to themselves and the broader Internet community. Public relay occurs when a mail server is accessed by a third party from another domain and utilised to deliver mails, without the authority or consent of the owner of the mail-server. Mail servers that are unsecured against public relay often become abused by unscrupulous operators for spam delivery and upon detection such delivery must be disallowed. DSLSHop reserves the right to examine users' mail servers to confirm that no mails are being sent from the mail server through public relay and the results of such checks can be made available to the user. DSLSHop also reserves the right to examine the mail servers of any users using DSLSHop’s mail servers for "smarthosting" (when the user relays its mail via a DSLSHop mail server to a mail server of its own) or similar services at any time to ensure that the servers are properly secured against public relay. All relay checks will be done in strict accordance with DSLSHop’s privacy policy.
Spam/Virus Filtering
DSLSHop provides a spam and virus filtering system to protect customers from unsolicited mail and viruses. The customer acknowledges that this system might incorrectly identify a valid message as spam or as a virus and consequently this message might not be delivered to the customer. The customer acknowledges and agrees that DSLSHop shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.
Webmail
Webmail and other web based email services made available by DSLSHop are provided on an "as is" basis without representations, warranties or conditions of any kind, and the customer acknowledges and agrees that DSLSHop shall have no responsibility for, or liability in respect of, any aspect of the Webmail services, including without limitation for any lost or damaged data or any acts or omissions of DSLSHop. As webmail storage space is limited, some Webmail messages may not be processed due to space constraints or message limitations.
Webmail is provided to individuals and for personal use only. Any unauthorised commercial use of the Webmail service, or resale of the Webmail service is expressly prohibited.
Protection of Minors
DSLSHop prohibits customers from using DSLSHop’s service to harm or attempt to harm a minor, including, but not limited to, by hosting, possessing, disseminating, distributing or transmitting material that is unlawful, including child pornography.
Privacy and Confidentiality
DSLSHop respects the privacy and confidentiality of our customers and users of our service. Please review our privacy policy which details how we collect and use personal information gathered in the course of operating this service.
User Responsibilities
Customers are responsible for any misuse of Company‘s services that occurs through the customer‘s account. It is the customer‘s responsibility to ensure that unauthorised persons do not gain access to or misuse DSLSHop’s service.
DSLSHop urges customers not to reply to unsolicited mail or "spam", not to click on any suggested links provided in the unsolicited mail. Doing so remains the sole responsibility of the customer and DSLSHop cannot be held liable for the Customer being placed on any bulk mailing lists as a result.
Where the customer has authorised a minor to use any of the DSLSHop’s services or access its websites, you accept that as the parent/legal guardian of that minor, you are fully responsible for: the online conduct of such minor; controlling the minor's access to and use of any services or websites; and the consequences of any misuse by the minor, including but not limited to transactions entered into by the minor using such access.
DSLSHop cannot be held liable for any business dealings you have with any third parties on the Internet, including any vendors, or advertisers found on, or through, the DSLSHop network. Further, DSLSHop assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable customs and exchange control laws in connection with any such transactions shall be the customer‘s.
Notice and Take-down Procedures
DSLSHop confirms that it has a procedure in place for the notice and take-down of illegal material. In compliance with section 77 of the Electronic Communications and Transactions Act (No. 25 of 2002) DSLSHop’s designated agent for this process can be reached at (087) 808 8678 or at: takedown@ispa.org.za. The notice and take-down procedure can be viewed at www.ispa.org.za/code.
Customers are also notified of the content and procedures of the ISPA Code of Conduct (www.ispa.org.za/code) which may be used against any Internet service provider who fails to comply with the code of conduct. We urge you to familiarise yourselves with this code.
Complaints and procedures
It is the customer‘s responsibility to familiarise himself or herself with the procedure set out below and report any cases of violation of this AUP to DSLSHop’s designated complaints handling agent.
Please note that DSLSHop cannot handle complaints concerning networks or users that do not have service contracts with us or our affiliates, or are outside of our control.
In order for DSLSHop to thoroughly investigate the complaint and take appropriate action, all complaints must be in writing, via fax or e-mail and contain as much information as possible, including, but not limited to:
· the origin of abuse or offence, including the website, full mail headers, relevant logfile extracts etc;
· any contact details for the source of the complaint;
· A brief explanation why the incident is considered to be an offence.
DSLSHop discourages anonymous complaints being made via this service, and urges complainants to supply their name and contact details to us. Such information will not be released, except where required by law enforcement. Anonymous complaints will however be acted upon as long as sufficient detail as outlined above is supplied.
Action following breach of the AUP
Upon receipt of a complaint, or having become aware of an incident, DSLSHop may take any of the following steps:
· In the case of a network, inform the user's network administrator of the incident and request the network administrator or network owner to deal address the incident in terms of this AUP and the ISPA Code of Conduct;
· In severe cases suspend access of the user's entire network until abuse can be prevented by appropriate means;
· In the case of individual users, warn the user; suspend the user's account and/or revoke or cancel the user's network access privileges completely;
· In all cases, charge the offending parties for administrative costs as well as for machine and human time lost due to the incident;
· Assist other networks or website administrators in investigating credible suspicions of any activity listed in this AUP;
· Institute civil or criminal proceedings;
· Share information concerning the incident with other Internet access providers, or publish the information, and/or make available the users' details to law enforcement agencies
Reservation and Non Waiver of Rights
DSLSHop reserves the right to amend or alter this policy at any time, and without notice to you.
DSLSHop reserves the right to take action against any individuals, companies or organizations that violate any of the prohibited activities set out herein, or engage in any illegal or unlawful activity while accessing our services, to the fullest extent of the law.
DSLSHop reserves the right, at its sole discretion, to act against other types of abuse not listed in this document and to investigate or prevent illegal activities being committed over our network.
DSLSHop reserves the right to monitor user and network traffic for site security purposes and prevent any unauthorised attempts to tamper with our site or cause damage to our property.
DSLSHop reserves the right to suspend, revoke or cancel DSLSHop’s services to the customer/user if the safety and integrity of DSLSHop’s resources are placed at risk in continuing to provide service to the subscriber/user.
DSLSHop reserves the right to remove any information or materials in whole or in part, that, in DSLSHop’ssole discretion, is deemed to be offensive, indecent, or otherwise objectionable.
DSLSHop does not undertake to guarantee the security of any data passing through its networks. Although DSLSHop will provide a "best effort" service, including regular updates on computer viruses and other threats to security of data, it is the responsibility of the communicating parties to safeguard their data, and DSLSHop cannot be held liable for any loss or damage arising as result of the failure to do so.
DSLSHop does not waive its right to enforcement of this AUP at any time, or prejudice its right to take subsequent action, should DSLSHop fail, neglect or elect not to enforce a breach of the AUP at any time.
Additional detail can be obtained by writing to legal@apdcentral.co.za
PROTECTION OF MINORS
A collection of links dedicated to the safety of your children while on the internet:
1. CyberAngels - World's oldest and largest Internet safety organisation.
2. GetNetWise - Educating parents and children about how to use the Internet safely.
3. KidShield - Tools and information to create a safety net for your children online.
4. ProtectKids - Protecting children in cyberspace.
5. SafeKids - Making your family's online experience fun and productive.
6. WiredKids - Online safety for kids and teens.
NOTIFICATIONOF INFRINGEMENTS
General Notice
In terms of section 75 of the Electronic Communications and Transactions Act ("the Act"), DHLShop has designated the Internet Service Providers' Association as an agent to receive notifications of infringements as defined in Section 77 of the Act.
For further details contact the Internet Service Providers Association:
Postal address: PO Box 3423, Parklands, 2121
Physical address: 11 Coetzee Street, Minnebron, Brakpan
Voice: +27 11 314 7751
Fax: +27 11 678 2097
E-mail: takedown@ispa.org.za
Website: www.ispa.org.za
SITE TERMS & CONDITIONS
You may only use this site to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. 'Deep-linking', 'embedding' or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.
Disclaimer of Warranty
The contents of this site are provided "as is" without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement.
The owner of this site, the authors of these contents and in general anybody connected to this site in any way, from now on collectively called "Providers", assume no responsibility for errors or omissions in these contents.
The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility.
The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.
Our Rights
We reserve the right to:
1. Modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
2. Change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
3. We will use our reasonable endeavors to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
Privacy Policy
We are committed to protecting your privacy. This privacy policy applies to all the web pages related to this website.
All the information gathered in the online forms on the website is used to personally identify users that subscribe to this service. The information will not be used for anything other that which is stated in the Terms & Conditions of use for this service. None of the information will be sold or made available to anyone.
The Site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Web site from which you linked directly to our site. This information is used to help improve the Site, analyze trends, and administer the Site.
We may need to change this policy from time to time in order to address new issues and reflect changes on our site. We will post those changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone. Please refer back to this policy regularly. If you have any questions or concerns about our privacy policy, please send us an E-mail.
By using this website, you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use our site. Your continued use of the website following the posting of changes to these terms will mean that you accept those changes.
Cookie/Tracking Technology
The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
Third Party Links
In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
Delivery Policy
When you click to make a purchase with us legal obligations arise and your right to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our terms & conditions. You must not make any purchase through this site unless you understand and agree all our terms and conditions. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such purchase. If you have any queries please contact us before making any purchase for any service through this website. Our 24 hour, 7 day a week support number is 087 808 8678.
Click on this link to view more details
Should you for any reason wish to cancel your credit card purchase you will be liable for a 15% handling fee. You must advise us in writing of your cancellation and any such cancellation must be signed by the person who made the original purchase. This form needs to be faxed to our accounts department on 0861 300 901 during normal office hours.
Payment Options
All transactions will be processed in South African Rands (ZAR). We accept credit card payments via the website and on request will supply our banking details should you wish to make payment via EFT or Direct Deposit.
Our banking details
Click on this link to view more details
Security Policy
Virtual Card Services process all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The company registration documents and the site's registered domain name are checked and verified by Thawte, ensuring the cardholder and merchant that nobody can impersonate VCS to obtain confidential information.
Virtual Card Services is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Virtual Card Services Internet servers are protected by firewalls and intrusion detection systems.
The Merchant does not have access to credit details.
Virtual Card Services continually reviews and enhances its security in line with technological changes.
Monitoring
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
Law
The Conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
Debit Orders
Debit orders will be processed on the first working day of every month. All failed debit orders will carry a penalty of R20.00 which will be levied against your account.
If your debit order fails, your service(s) will be disabled immediately and you will be required to pay your arrears plus the R60.00 debit order penalty.
Your debit order is on an automated process and can not be stopped after the 25th of each month. Please note that if you are canceling your service(s) with DHLSHop, we need to have received your cancellation form during office hours before the 25th of the month. Failure to do so will result in the monthly subscription being debited from your account. Any refund will attract normal banking charges.
If your payment method is Debit Order and it is past the 25th of the month (Debit order run has taken place), cancellation of the service will be auctioned but the payment from your account will still take place. You will receive a refund but it will be less bank fees of around R60.00.
Contact Details
Click on this link to view more details
I accept and understand that:
a. The service will be subject to:
Provisions of the Telecommunications Act 103 of 1996. Telkom's Public Switched Telecommunications Service License Conditions and Telkom's, SAIX & UUNet's Conditions of Service as amended from time to time, (A copy of these conditions is available from Telkom SAIX & UUNet).
b. I will rent the service for the contract term as indicated in this order. One month’s written notice of discontinuance is required.
c. Should I/we fail to pay my/our account I/we shall be liable for any resultant collection, tracing and/or legal fees.
d. DHLSHop will be entitled to verify the information contained on the customer’s order form and generally make enquiries it deems necessary. DHLSHop will also be entitled to furnish any information regarding the customer’s account with DHLSHop and his compliance with these conditions to any credit bureau / Bank.
e. I/we hereby indemnify DHLSHop against any damage, loss, claims or cost that may result from the work being done in connection with the connection and / or removal of the service.
f. The ADSL service is sold as a best effort service and does not provide any guaranteed throughput to the world wide web.
A copy of the ECT (Electronic Communications and Transactions) Act is available at:
http://www.polity.org.za/page.php?rep_id=473
ISPA Code of Conduct | Acceptable Use Policy | Protection of Minors| Notification of Infringements |
Terms and Conditions | Privacy Policy | Disclaimer
Copyright © 2003 - 2011 APD Electronic Systems
Marzi Investments 127 – Hosting Solutions cc, trading as APD Electronic Systems (hereafter referred to as "APD"), is a privately owned close corporation of South Africa.
By using our web hosting services, you agree to comply with our policies. You are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. We expect you to have a basic knowledge of how the Internet functions, the types of uses which are generally acceptable, and the types of uses which are to be avoided. Common sense is the best guide as to what is considered acceptable use. The following are unacceptable uses:
Illegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted software, violation of export restrictions, harassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities.
Interpretation
The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. APD Electronic Systems reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.
Illegal Use
Our servers may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes a legal threat, or violates export control laws. Examples of unacceptable content or links: "Pirated software", "Hackers programs or archives", "Warez Sites", "Irc Bots", "Mp3" etc.
There is also a limit of 100MB of image files that a normal hosting package can have. Individual file size cannot be more 1MB unless it a software that is written by your company and are selling on your site. But remember even for this you must first confirm with support@apdcentral.com. For special requirements please contact us. We will be the sole arbiters as to what constitutes a violation of this provision.
Policy on Unlimited Hosting packages
Total combined sized of all media files cannot be more than 500MB. Flash intros and websites done in flash are allowed. You cannot offer free disk space, bandwidth or free email or resell it on your website or in any other way distributed as part of any other service to users as these are business servers and we allow you to use our resources and to not abuse it. Database sizes are 500MB max. You can only host one business website on one hosting account. No bulk download/upload websites can be hosted on these packages. There is also a limit of 2000MB of image files that a normal hosting package can have. Individual file size cannot be more then 10MB unless it's software that is developed by your company (i.e. you own the source code of the software) and you are selling it on your site. But remember even for this you must first confirm with support@apdcentral.com. For special requirements please contact us. Please remember there are no exceptions.
The reasons behind these strict policies are to maintain high quality bandwidth and other resources so all our customers can enjoy equal quality of our services.
Policy on Cell Providers In South Africa
There is a no refund policy on any sim card or services for the cell providers in South Africa, with no exception as per Cell Provider Policy
Cell C
MTN
Telkom
Vodacom
Policy on Unlimited Hosting packages - (for orders placed up to 11th April 2007)
We do not allow any media files of any extension at all on our servers. Although Flash intros and websites done in flash are allowed. You cannot offer free disk space, bandwidth or free email or resell it on your website or in any other way distributed as part of any other service to users as these are business servers and we allow you to use our resources and to not abuse it. Database sizes are 250MB max. You can only host one business website on one hosting account. No bulk download/upload websites can be hosted on these packages. There is also a limit of 250MB of image files that a normal hosting package can have. Individual file size cannot be more then 5MB unless it's software that is developed by your company (i.e. you own the source code of the software) and you are selling it on your site. But remember even for this you must first confirm with support@apdcentral.com. For special requirements please contact us. Please remember there are no exceptions.
The reasons behind these strict policies are to maintain high quality bandwidth and other resources so all our customers can enjoy equal quality of our services.
Reselling of resource, System and Network Security
You are not allowed to resell any part of the resources allocated to your hosting account (i.e. disk space, email etc) nor re-distribute them in anyway without our consent. Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
It is a violation for anyone who, including but not limited to, employs posts or programs which consume excessive CPU time or storage space, permits the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for their own account; or resale of access to CGI scripts installed on our servers.
Tortuous Conduct
No one shall post defamatory, scandalous, violent or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
Spamming
Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site or distributing, advertising or promoting software or services that have the primary purpose of encouraging or facilitating unsolicited commercial E-mail or spam. It is contrary to APD Electronic Systems policy for customers to use our servers to effect or participate in any of the following activities:
· To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list;
· To send unsolicited mass e-mailings, if such unsolicited e-mailings provoke complaints from the recipients;
· To engage in any of the foregoing activities using the service of another provider, but channeling such activities through a APD Electronic Systems provided server, or using a APD Electronic Systems provided server as a maildrop for responses;
· To falsify user information provided to APD Electronic Systems or to other users of the service in connection with use of APD Electronic Systems service.
When APD Electronic Systems becomes aware of an alleged violation of its AUP (Acceptable Use Policy), APD Electronic Systems will initiate an investigation (within 24-48 hours). During the investigation APD Electronic Systems may restrict the customer's access in order to prevent further possible unauthorized activity. If the customer is found in violation of our SPAM policy APD Electronic Systems may, at its sole discretion, restrict, suspend, or terminate customer's account and/or pursue other civil remedies. Also, APD Electronic Systems reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. If such violation is a criminal offence, APD Electronic Systems will notify the appropriate law enforcement department of such violation.
APD Electronic Systems does not issue service credits for any outages incurred through service disablement resulting from Policy violations.
The customer shall be held liable for any and all costs incurred by APD Electronic Systems as a result of the customer's violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. First violations will result in a Cleanup Fee of R1500 and the customer’s account will be reviewed for possible immediate termination. A second violation will result in Cleanup Fee of R3500 and immediate termination of the customer’s account. The Customer who violates this policy agrees to also pay Investigation Fees of no more than R1500 per hour that APD Electronic Systems personnel must spend to investigate any violations. In addition to above if our audit personnel pick up any spam being sent from your email, you will be charged R2/Email per 1MB(or less then 1MB) in size. Charges are per MB of mail size. This charge will be added to Customer's account. If penalty amount is not paid within 72 hours of the incident then APD Electronic Systems reserve the right to suspend customer's service.
Modification
APD Electronic Systems reserves the right to add, delete, or modify any provision of this Policy at any time without notice.
CUSTOMER SERVICE AGREEMENT
This is an agreement between you and Marzi Investments 127 - Hosting Solutions cc, trading as APD Electronic Systems (hereafter referred to as "APD Electronic Systems "), regarding your use of APD Electronic Systems ’ computers, interactive information, communication and server management service. This Agreement governs the terms and conditions under which APD Electronic Systems makes the services offered by APD Electronic Systems available to individual consumers through a personal computer or similar access, or to individual consumers or small businesses in connection with the "APD Electronic Systems” web hosting or similar services. Under this Agreement, you must comply with APD Electronic Systems ’ then current "Acceptable Use Policy," as updated from time to time by APD Electronic Systems .
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
1. APD Electronic Systems will host an account for you, the purchaser (hereafter referred to as the “customer”), for the customer’s chosen domain name, for the period of time (the Term) corresponding with the payment plan chosen by the customer. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated. We require notification of non-renewal with at least 30 days notice but not more than 60 days prior to the renewal date. You must have all account information to cancel and send your notification via email to accounts@apdcentral.com, upon receipt of the email we will provide you with an online cancellation form which must be completed to confirm cancellation. If you do not provide this notice and also complete the online cancellation form, you will be charged for the next terms rate. There are no refunds on a la carte services.
2. The customer agrees to an online, paperless subscription and acknowledges that all the information that is submitted online is true and correct to the best of their knowledge. The customer agrees that the act of submitting the order form online is in lieu of their signature.
3. Initial Set-up fees are non-refundable. Domain Name Registration fees constitute a once-off payment subject to certain renewal charges. Domain names are initially registered under APD Electronic Systems ’ name and are only transferred to the customer’s name after 120 continuous days of subscription to APD Electronic Systems ’ service. Free domain name registration is only applicable for the 1st year of hosting and the customer will be charged a domain name renewal fee once the initial year’s registration lapses. If a notice of cancellation is received within 120 days of signing up then the customer will be liable to pay the domain registration fees or the domain name will not be transferred to the customer’s name.
4. The Account Holder acknowledges that APD Electronic Systems will not be liable for any loss of use, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, delict, or otherwise which may be suffered as a result of or which may be attributable, directly or indirectly, to the use and/or registration of the selected domain name and accordingly indemnifies APD Electronic Systems against any loss whatsoever arising from any dispute or claim occasioned by the registration, domain name expiry and/or domain name hijacking of the selected domain name whether occasioned by any act or omission of APD Electronic Systems , its representatives, agents or employees or otherwise.
5. APD Electronic Systems ’ services are provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. APD Electronic Systems expressly disclaims any representation or warranty that the APD Electronic Systems services will be error-free, secure or uninterrupted. No oral advice or written information given by APD Electronic Systems, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice. The terms of this Section will survive any termination of this Agreement.
6. The Virtual Web Server Internet account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. Further, the Account Holder agrees not to store, transmit, link to, advertise or make available any images containing pornography. Violations of these or any other provisions of this Agreement may result in termination of the services provided by APD Electronic Systems , with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of APD Electronic Systems based upon the severity of the violation.
APD Electronic Systems reserves the right to refuse service if any of the content within, or any links from, the Account Holder's website is deemed illegal, misleading, or obscene, or is otherwise in breach of APD Electronic Systems ’ then current Acceptable Use Policy, in the sole and absolute opinion of APD Electronic Systems . Notwithstanding anything in this Agreement, the content of the Account Holder's website is the sole responsibility of the Account Holder. The Account Holder agrees to indemnify and hold harmless APD Electronic Systems from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney's fees, costs, and other expenses incurred APD Electronic Systems , (collectively, Claims) related to or in connection with the content of the Account Holder's website. The terms of this Section will survive any termination of this Agreement.
7. Any domain orders/renewal are not guaranteed by APD Electronic Systems in any condition even if the payment has been made by the client.
8. Account Holder acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Account Holder. Account Holder is aware that APD Electronic Systems reserves the right to change the specified rates and charges from time to time.
9. The Account Holder agrees to follow generally accepted rules of "Netiquette" when sending e-mail messages or posting to newsgroups. Account Holder is responsible for security of its password. APD Electronic Systems will not change passwords to any account without proof of identification, which is satisfactory to APD Electronic Systems, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes Account Holder, Account Holder understands that APD Electronic Systems will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will APD Electronic Systems be liable for any losses incurred by Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless APD Electronic Systems from any and all Claims arising from such ownership disputes. The terms of this Section will survive any termination of this Agreement.
10. The Account Holder agrees not to harm APD Electronic Systems , its reputation, computer systems, programming and/or other persons using APD Electronic Systems ’ services. APD Electronic Systems reserves the right to select the server for Account Holder's website for best performance. The Account Holder understands that the services provided by APD Electronic Systems are provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If the Account Holder's website overwhelms the server and causes complaints from other users, the Account Holder has outgrown the realm of shared servers, and will need to relocate its website. APD Electronic Systems will refund any unused portion of prepaid services (If account is terminated by APD Electronic Systems). Setup, service and Domains renew fees are non-refundable,
The prepaid account holder must give 60 day prior notice for cancellation of services. Any discount for pre paid service will be deducted from any refunds due. On discretion, a penalty of 90 days will be levied for account holders not complying with the 60 days notice of renew term period. Any refund due for Pre paid account holders will paid 60 days after cancellation month end, to accumulate for any fees due prior. Once services commence more that 30 days after new term, no refunds will be done for prepaid services.
If the Account Holder does not comply with this Section, then APD Electronic Systems has the right to terminate the services provided to the Account Holder without any refunds of the unused portion prepaid by the Account Holder. Any refund will be done on the discretion of APD Electronic Systems management approval.
11. The Account Holder's rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of APD Electronic Systems.
12. If the Account Holder sells or resells advertising or web space to a third party then the Account Holder will be responsible for the contents of that advertising and the actions of that third party. APD Electronic Systems has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current APD Electronic Systems Acceptable Use Policy. The e-mail distribution by the Account Holder of "SPAM", "JUNK MAIL", or "UNSOLICITED COMMERCIAL E-MAIL", is expressly prohibited. If the Account Holder refuses to remove any advertising or other third party content deemed objectionable by APD Electronic Systems, APD Electronic Systems may terminate the services being provided to the Account Holder.
13. APD Electronic Systems will use its best efforts to maintain a full time Internet presence for the Account Holder. The Account Holder hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall APD Electronic Systems be liable to the Account Holder for any damages resulting from or related to any failure or delay of APD Electronic Systems in providing access to the Internet under this Agreement. In no event shall APD Electronic Systems be liable to the Account Holder for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of APD Electronic Systems under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive any termination of this Agreement.
14. This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Account Holder is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A APD Electronic Systems account may not be transferred without prior written approval APD Electronic Systems. The Account Holder is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Account Holder's account, the Account Holder will be liable for any unauthorized use of APD Electronic Systems ’ services, including any damages resulting there from, until the Account Holder notifies APD Electronic Systems customer service.
15. If APD Electronic Systems assigns the Account Holder an Internet Protocol address in connection with the Account Holder's use of the APD Electronic Systems services, the right to use that Internet Protocol address will remain with and belong only to APD Electronic Systems, and the Account Holder will have no right to use that Internet Protocol address except as allowed by APD Electronic Systems in its sole and absolute discretion.
16. This Agreement constitutes the entire agreement between the Account Holder and APD Electronic Systems with respect to the APD Electronic Systems services and supersedes all prior agreements between the Account Holder and APD Electronic Systems. This Agreement supersedes all representations made to the customer, all amendments effected by the customer to any application form or other similar document submitted by him and all communications between APD Electronic Systems and the customer relating to the subject matter hereof. APD Electronic Systems’ failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.
17. The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mindset, without formal proceedings. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in South Africa. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.
18. The Account Holder agrees to indemnify and hold APD Electronic Systems harmless from any and all Claims resulting from or connected with any activities conducted by the Account Holder. The Account Holder and APD Electronic Systems will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph will survive any termination of this Agreement.
19. APD Electronic Systems may include the Account Holder's name and contact information in directories of APD Electronic Systems ’ service subscribers for the purpose promoting the use of the services by additional potential clients. However, APD Electronic Systems is not authorized to print the Account Holder's name, trademarks or other identifying information in any other advertising or promotional materials without the prior written consent of the Account Holder.
20. The interpretation and enforcement of this Agreement shall be governed according the laws of the Republic of South Africa (excluding its choice of law rules). The Account Holder hereby consents to personal jurisdiction in the federal and provincial courts of South Africa for any action arising out of or relating to the Account Holder's use of the APD Electronic Systems services. The federal and provincial courts of South Africa will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. The terms of this Section will survive any termination of this Agreement.
21. Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery or by mail. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested; with all postage and charges prepaid. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, or as specified by subsequent written notice delivered by the party whose address has changed.
22. Because the Internet is a global communication tool, and we have clients from nearly every country in the world it is difficult to dictate what is considered "adult material." However, it is not our function to discriminate against those who choose to utilize adult content or adult related material. This being said, there are still several reasons why APD Electronic Systems has been forced to create it’s no adult sites policy for its virtual server users.
23. Virtual account holders can receive a refund if account is cancelled within the initial 30 days after sign up. Reseller account holders can receive a refund if account is cancelled within the initial 7 days after sign up. If the account holder cancels after the time period specified, there will be no refund given. Refunds are only applicable to hosting services.
24. APD Electronic Systems may temporarily deny service or terminate this Agreement upon the failure of Account Holder to pay charges when they become due. Such termination or denial will not relieve the Account Holder of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
25. If an account holder's account becomes overdue, the account will be suspended. Interest will accrue on the overdue account at a rate of 5% per month until the outstanding balance is paid in full.
26. If an account holder charges back for services rendered, a R400 charge back fee will be added to the amount charged back by the customer.
27. In the event of 30 days of non-payment, you agree to APD Electronic Systems’ right to place a "non-payment" page on your domain. Furthermore you agree that DNS of your domain will remain unchanged until full payment for the outstanding balance on your account has been received by APD Electronic Systems.
28. In the event of suspension of account due to non-payment, a re-activation fee of R150 will be charged if the client wants to re-activate his/her account.
29. If an account holder's account is overdue for 90 days, the account will be handed over to an outside collection agency. At that time the account holder will incur a minimum collection fee of R400 or 25% of the balance due, the amount to be determined by APD Electronic Systems at its sole discretion.
30. Credit card service accounts on cancellations will receive their final transaction payout 6 months after cancellation date. This is due to the fact that banks can have charge backs from the credit card owner for up to 6 months.
31. Minimum transaction amount when using our Credit Cards Services is R20 in a single transaction. Maximum transaction amount is R2000k unless approved by APD Electronic Systems or Payment24 previously.
32. Final transaction amount needs to be approximately 50% of the total amount of last 10 transactions or 50% of the total transactions received in last 6 months. This is the amount that will be held for 6 months after cancellation. This is due to the reason mentioned in point:30 above.
33. Credit card service accounts are setup on Payment24.Co.Za systems, and customers will have to abide by the terms, policy and conditions mentioned FAQ's section on payment24.co.za along with the terms mentioned in this document.
34. If you had received a discount on any service on signup then in case of cancellation of a related service within 120 days will void that discount and you will be charged full fees according to the normal price of that service at the time of signup.
35. Domain registrations are only valid with hosting if hosting is continued for 120 consecutive days. In the event of cancellation before 120 days of hosting is achieved, you will be required to pay the full domain registration according to the normal price of that service at the time of signup. We also require valid Land line numbers for all services including domains, hosting, credit card services, dedicated servers, internet connectivity.
36. All accounts are subject to verification.
37. You agree that APD Electronic Systems may establish limits concerning use of any APD Electronic Systems service offered on any APD Electronic Systems web site, including without limitation the maximum number of days that e-mail messages will be retained by any APD Electronic Systems service, the maximum number of e-mail messages that may be sent from or received by an account on any APD Electronic Systems service, the maximum size of an e-mail message that may be sent from or received by an account on any APD Electronic Systems service, the maximum disk space that will be allotted on APD Electronic Systems ’ servers on your behalf either cumulatively or for any particular service. You agree that APD Electronic Systems has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any APD Electronic Systems service. You acknowledge that the features, parameters (for example, the amount of storage available to users) or existence of any APD Electronic Systems service may change at any time.
38. First DNS change ticket submitted by APD Electronic Systems for co.za/org.za/za.net domain is free for Domain Registration orders. There after every ticket submitted by APD Electronic Systems to change DNS to any 3rd Party servers will be charged at R89 per Ticket Submitted. We do not take responsibility that ticket will be successful due to many points of failures.
39. DNS Change tickets to any 3rd party which were not Domain Registration orders are charged at R99/ticket submitted. We do not take responsibility that ticket will be successful due to many points of failures.
40. If a customer has signed and completed a Debit Form and his/her debit order fails for whatever reason they will be charged Administration fee. 1st Debit Order Failure is charged at R50. 2nd Debit Order Failure is Charged at R75. After 2nd consecutive debit order failure APD Electronic Systems will not run debit order again on customers account. We reserve the right to decline any debit order forms.
41. If customer's debit order has failed, customer must settle the outstanding amount within 3 days of debit order failure.
42. Debit orders can run any day between 25th to 7th of next month depending on the available dates by our provider of this service.
43. Credit Card Charge backs will be charged at 8% ex Vat + R25 Administration Fee.
44. If a account is suspended/terminated then re-activation Fee per Account is R150 (not per domain), this does not include any file/email restoration.
45. Restoration of databases is charged R380/Hour with a minimum charge of R300.
46. Restoration of Email accounts are charged R380/Hour with a minimum charge of R300.
47. Restoration of Website Files are charged R380/Hour with a minimum charge of R300.
Some special policies for all of our Credit Card Verification services
1. Credit Card Charge backs will be charged at 8% ex Vat + R55 Administration Fee.
2. Charge back enquiries by Banks and Vendor's customers are handled at R55 per action from our side. Therefore it’s important for a Vendor that they use proper wording and inform their clients about the transaction details. All transactions display Payment24 and WAPPOINT in bank statement.
3. Three Charge backs within 1 calendar month will result in increase of Transaction Rate by 1% for Vendors future transactions.
4. If a Vendor gets more than 3 Charge backs within a month, it will result in suspension of account.
5. Transaction amount limit is initially set to R2000, after 6 months it’s increased to R5000 on Vendor's request and review by APD Electronic Systems Management.
6. 1st Payout occurs at least 16 days after the new Vendor does first transaction on their account.
7. For turnover of more than R20k per month consistently for past 3 months at least, transaction fee for Vendor's future transactions could be dropped by 1% per transaction on Vendor's request and review by APD Electronic Systems Management.
8. Special Payouts are charge at R150 per payout excluding any other fees as per Service agreement.
9. Our technology is provided by Payment24 and Wappoint.
10. Please visit Payment24 FAQ for more information: http://www.payment24.co.za/server/company/faq_list.asp. But above points are most up to date
11. APD Electronic Systems reserves the right to refuse any Vendor Transaction.
12. APD Electronic Systems reserves the right to reverse any Vendor Transaction if a transaction does not comply with our internal security checks. Transaction reversals are charged at R25.
13. All Customers with credit terms , please note Laptops and Phone are excluded from any Net payment conditions.
Electronic Communications
When you visit all APD Electronic Systems Websites or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Cancellation details for all of our Credit Card Verification services
1. Cancellation period is 1 month Calendar notice.
2. On cancellation confirmation last month’s unpaid transactions are held back for 6 months as credit card transactions can be reversed for up to 6 months.
3. If in last month no transactions occurred, Vendor must pay additional funds to cover last 5 transactions total sum amount. All this amount is re-paid out to client after 6 months. No monthly Service cancellation can be processed without this.
4. If Vendor did not receive any transactions in last 6 months then Step.3(above) is not required.
What does APD Electronic Systems consider "Adult Material?"
Any site whose revenue is gained in part or whole from its adult content.
Photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes.
Photos or videos showing graphic violence or death.
Revenue-generating hyperlinks to sites that violate policy #1.
Why does APD Electronic Systems have this policy?
A virtual server is a shared environment where many websites & domains reside on each particular server. This being said, consider that an average "adult site" gets more hits than 100 standard websites. Some of the smaller adult sites get around 5 GB of transfer per day. With these types of resources being utilized, our servers would be severely slowed if we allowed these high traffic sites to also reside on our servers. On top of that, we would be forced to raise our prices to pay for the additional bandwidth. We strive to keep our service offering fast and inexpensive, and our bandwidth clear; therefore, adult sites are not an option.
APD Electronic Systems reserves the right to decide what it considers "adult content", "adult material", "sexually explicit", or "sexually related". Let us know if you are unsure of the approval of your site before placing an order.
User Internet Access Service Agreement
1. This Internet Access Services Agreement (hereinafter referred to as the "Agreement") is a legally binding contract concluded between Marzi Investments 127, T/A APD Electronic Systems, Registration No. CK2005/024873/23 with its principal place of business at 5 Hercules Street , Impala Park, Boksburg (hereinafter referred to as "APD") and any individual, close corporation, association, agency, company, or other Legal entity (hereinafter referred to as the "USER") who accesses and I or uses the facilities, systems, or services of APD Electronic Systems.
2. The USER agrees to be bound by the terms of this Agreement as a prerequisite to and in consideration for receiving and using the Internet Access Services provided by APD. The Internet Access Services shall include but not be limited to any and lor all services, information, materials and systems, etc., accessed or used though or by means of any APD’S facilities, systems or services. In the event of a breach of this Agreement by the USER, all the USER'S Internet Access Services provided by APD shall be immediately terminated and upon any such termination all USER fees paid, shall be forfeited to APD as liquidated damages. The aforesaid right of termination shall be exercised in APD’S sole discretion, and knowledge of and I or acquiescence by APD in similar or prior breaches by the USER shall not preclude APD’S subsequent exercise of this right of termination.
3. The USER with his I her signature hereof, certifies that any materials supplied to APD for publication by electronic or other media and I or are published by the USER himself through the use of APD’S Internet Access Services are not copyrighted. Where copyright exists on such materials, the USER warrants that authority has been obtained from such copyright holder to publish such materials. The USER herewith indemnifies APD and agrees to carry all costs, including legal costs on an Attorney and Client scale, should a copyright dispute arise as a result of materials supplied by the USER.
4. Internet Access Services provided by APD may only be used for lawful purposes and in accordance with all applicable laws, statutes, rules and I or regulations of the Republic of South Africa. The use of APD’S facilities for any unlawful activity in violation of any law of South Africa, or international governing law, statute, rule, regulation or ordinance is strictly prohibited and constitutes a breach of this agreement.
5. The prohibition of unlawful uses and activities by the USER includes, but are not limited to the sending of unsolicited email (SPAM), transmission, promulgation, theft, procurement, communication, alteration, publication, storage, or use of any information, material, property, images, code, or data in violation of any laws relating to intellectual property, copyright, patents, trade mark, trade secret, privacy, indecency, obscenity, or harassment.
6. The USER is solely responsible to obtain the required knowledge of and I or adherence to any and all applicable laws, statutes, rules and regulations pertaining to the USER'S use of any of APD’S facilities, systems, or services, and to the communications means by which the USER connects its terminal or PC to APD’S facilities, systems, or services or any other service provided by APD.
7. APD reserves the right, but does not accept any liability, to read, examine, delete, evaluate or inspect any information contained in a USER'S files, electronic mail messages, newsgroup postings or other communications to the extent deemed necessary, in APD’S sole discretion in order to protect APD, its facilities, systems, or other users from or damage or legal liability from whatsoever nature, and for proper administration and maintenance of the system. APD will not release or disclose any of the USER'S information to any other party unless required or directed to do so by an applicable legal authority and I or Court Order. Unless legally prohibited from doing so, APD shall make all reasonable efforts to notify the USER of any
disclosure of the USER'S information to third parties. Notwithstanding the aforesaid APD reserves the right to disclose USER information in order to prohibit or prevent any unlawful activity by the USER and I or in the event of any legal action or proceedings instituted against APD by the USER and I or any other party as a result of any activity or action by the USER.
8. With signing hereof contract the agreement shall be binding for a minimum period of 365 calendar days, thereafter Cancellation of this internet access services agreement can be done by either party giving the other written notice of not less than 60 (sixty) days at the other party's chosen domicilium citandi et executandi. APD reserves and will have the right to delete all data, files and I or other information that is stored or held in the USER'S account, if the USER'S account with APD is terminated, for any reason, by either APD or the USER.
9. The resale of APD services by USER is strictly prohibited. Not more than one login session may be active at any given time for any specific USER account.
10 The USER acknowledges that access to the world wide Internet is dependent upon various factors, technologies and systems, which are beyond APD’S authority and control and that routine maintenance and periodic system repairs, upgrades, and reconfigurations may result in temporary impairment or interruption of service to the USER. In lieu of the aforesaid APD does not guarantee continuous or uninterrupted service, and reserves the right, from time to time, to temporarily reduce and / or suspend its service to the USER without notice. APD will as far as reasonable possible, but cannot guarantee such efforts, notify the USER'S in advance of any such service reduction or interruption and schedule any such service reduction or interruption during off-peak periods and for as brief duration as possible.
11 APD shall not be liable to the USER for any consequential loss or damage sustained by the USER in connection with the agreement or for any claims made by any other legal entity whatsoever. The USER hereby indemnifies and hold harmless APD, its officers, directors, shareholders, agents, employees and other users, from any and all claims, costs, expenses, judgments, causes of actions, attorneys fees, litigation, or court costs resulting from the USER'S use of APD’S facilities, systems, or services in any manner, whether directly, indirectly, or by any act or omission.
12 It is expressly recorded that APD does not warrant or guarantee, without limitation thereof, the availability, accuracy or content of information, products or services provided through and / or in connection with the facilities, systems, or services of APD or the merchantability or fitness thereof for a particular purpose.
13 APD does not accept any liability, including without limitation, for damages caused by any failure of performance, error, omission, interruption, electrical surge/damage/interference, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction of or unauthorized access to, alteration of, or use of records whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
14.The Rules, Policies and System Use Guidelines of APD can be found at http://www.apdcentral.com/Legal.htm and are incorporated herewith of this Agreement. Violation of any of APD Rules and Regulations shall constitute breach of this Agreement. APD reserves the right to amend APD Rules and Regulations from time to time and any such amendments shall become effective upon promulgation thereof to the USER.
15.The USER nominates the street address, as aforesaid, as the domicilium citandi et executandi for the service of all notices and legal process pursuant to the terms and conditions of this agreement.
16.The USER shall be responsible and liable for all and / or any legal costs on an Attorney and Own Client scale, incurred by APD to recover any monies due by the USER and / or occasioned by a breach of any of the terms and conditions contained herein by the USER, which legal costs shall include tracing costs, collection commission and any related cost or expenses.
17. The parties hereby agree that this agreement is subject to the Law of South Africa and consent to the jurisdiction of the Magistrate's Court should any claim arising out of the terms and conditions of this Agreement be beyond the jurisdiction of the Magistrate's Court. Notwithstanding the aforesaid, APD shall have the right to take legal action against the USER in any other Court of competent jurisdiction.
18. This Agreement and any written extensions thereof represents the whole agreement between the parties and supersedes all prior written or oral negotiations, representations, guaranties, warranties, promises, orders, statements, or agreements between the parties or any statement or representation made or furnished by any other person representing or purporting to represent either party. No variation hereof shall be binding and have effect, unless agreed to by the USER and APD in writing.
19. 1/ We the Directors, Members, Partners / Proprietors for and on behalf of the USER hereby undertakes to personally honor any indebtedness of the USER towards APD and I / We hereby bind myself / ourselves as surety(ies) and co-principal debtor(s) to and in favor of APD for all and the debts of the USER hereinafter incurred pursuant to the Agreement.
Additional detail can be obtained by writing to legal@apdcentral.co.za
ACCEPTABLE INTERNET USE POLICY
General Notice
Thank you for reading DSLSHop’s Acceptable Use Policy (AUP). By accessing this website, or by contracting with us for service, you agree, without limitation or qualification, to be bound by this policy and the terms and conditions it contains, as well as any other additional terms, conditions, rules or policies which are displayed to you in connection with this service/website.
The purpose of this AUP is to comply with the relevant laws of the Republic; to specify to customers and users of our service/website what activities and online behaviour are considered an unacceptable use of the service/website; to protect the integrity of our network and to specify the consequences that may flow from undertaking such prohibited activities.
All Broadband Accounts shall be for minimum period of 90 days , Cancellation will be 30 days prior to the cancellation of the service, If you fail to cancel your service in writing , you will be billed for 30 days, and be liable for all cost.
This document contains a number of legal obligations which you are presumed to be familiar with. As such, we encourage you to read this document thoroughly and direct any queries to our customer services/legal department at 087 808 8678.
DSLSHop respects the rights of our customers and users of our services to freedom of speech and expression; access to information; privacy; human dignity; religion, belief and opinion in accordance with our constitution. We undertake not to interfere with any of those rights unless required to do so by law; unless those rights are exercised for unlawful purposes; or unless the exercise of those rights threatens to cause harm to another person or affect the integrity of our network.
ISPA membership and Code of Conduct
DSLSHop confirms that in compliance with section 72 of the Electronic Communications and Transactions Act 25 of 2002, DSLSHop is a member of the Internet Service Providers‘ Association (ISPA) and has adopted and implemented the association‘s official Code of Conduct, which can be viewed at www.ispa.org.za/code.
Unlawful Use
DSLSHop’s services/website may only be used for lawful purposes and activities. We prohibit any use of our website/network including the transmission, storage and distribution of any material or content using our network that violates any law or regulation of the Republic. This includes:
1. Any violation of local and international laws prohibiting child pornography; obscenity; discrimination (including racial, gender or religious slurs) and hate speech; or speech designed to incite violence or hatred, or threats to cause bodily harm.
2. Any activity designed to defame, abuse, stalk, harass or physically threaten any individual in the Republic or beyond its borders; including any attempt to link to, post, transmit or otherwise distribute any inappropriate or defamatory material.
3. Any violation of Intellectual Property laws including materials protected by local and international copyright, trademarks and trade secrets. Moreover DSLSHop cannot be held liable if you make any unlawful use of any multimedia content accessed through the search facility provided by DSLSHop’s network, or otherwise available through access to our network, whether for commercial or noncommercial purposes.
4. Any violation of the individual‘s right to privacy, including any effort to collect personal data of third parties without their consent.
5. Any fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; the impersonation of another subscriber without their consent; or any attempt to enter into a transaction with DSLSHop on behalf of another subscriber without their consent.
6. Any violation of the exchange control laws of the Republic.
7. Any activity that results in the sale, transmission or distribution of pirated or illegal software.
8. Failing to respond to a request by a recipient of unsolicited mail to be removed from any mailing or direct marketing list and continuing to send unsolicited mail following such a request for removal. Where any user resides outside of the Republic, permanently or temporarily, such user will be subject to the laws of the country in which s/he is currently resident and which apply. On presentation of a legal order to do so, or under obligation through an order for mutual foreign legal assistance, DSLSHop will assist foreign law enforcement agencies (LEA) in the investigation and prosecution of a crime committed using DSLSHop’s resources, including the provisioning of all personal identifiable data.
Prohibited Activities
The following sections outline activities that are considered an unacceptable use of Company's services/network/website and also detail the guidelines for acceptable use of certain facilities/services, as the case may be.
Threats to Network Security
Any activity which threatens the functioning, security and/or integrity of DSLSHop’s network is unacceptable. This includes:
· Any efforts to attempt to gain unlawful and unauthorised access to the network or circumvent any of the security measures established by DSLSHop for this goal;
· Any effort to use DSLSHop’s equipment to circumvent the user authentication or security of any host, network or account ("cracking" or "hacking");
· Forging of any TCP-IP packet header (spoofing) or any part of the header information in an email or a newsgroup posting;
· Any effort to breach or attempt to breach the security of another user or attempt to gain access to any other person's computer, software, or data without the knowledge and consent of such person;
· Any activity which threatens to disrupt the service offered by DSLSHop through "denial of service attacks", flooding of a network, or overloading a service or any unauthorised probes ("scanning" or "nuking") of others' networks;
· Any activity which in any way threatens the security of the network by knowingly posting, transmitting, linking to or otherwise distributing any information or software which contains a virus; Trojan horse; worm, lock, mail bomb, cancelbot or other harmful, destructive or disruptive component.
· Any unauthorised monitoring of data or traffic on the network without DSLSHop’s explicit, written consent.
· Any unsolicited mass mailing activity including direct marketing; spam and chain letters for commercial or other purposes, without the consent of the recipients of those mails.
Public Space and Third Party Content and sites
In reading this AUP or in signing a service contract with DSLSHop, you acknowledge that DSLSHop has no power to control the content of the information passing over the Internet and its applications, including e-mail; chatrooms; news groups; or other similar fora, and that DSLSHop cannot be held responsible or liable, directly or indirectly, for any of the abovementioned content, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such content.
Our services also offer access to numerous third party webpages. You acknowledge that we exercise absolutely no control over such third party content, or sites and in such cases, our network is merely a conduit or means of access and transmission. This includes, but is not limited to, third party content contained on or accessible through the DSLSHop network websites and web pages or sites displayed as search results or contained within a directory of links on the DSLSHop network. It remains your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you.
Access to public Internet spaces, such as bulletin boards, Usenet groups, chat rooms and moderated forums is entirely voluntary and at your own risk.
DSLSHop employees do not moderate any of these services, or your communications, transmissions or use of these services. We do not undertake any responsibility for any content contained therein, or for any breaches of your right to privacy that you may experience as a result of accessing such spaces.
Usenet Newsgroups
The customer is responsible for determining and familiarizing himself or herself with the written policies of a given newsgroup before posting to it.
The customer must comply with these guidelines at all times which can be obtained from other users of the newsgroup upon request, or from the group's administrators/moderators.
The following are prohibited practices with regard to Usenet newsgroups and DSLSHop reserves the right to delete and/or cancel posts which violate the following conditions:
1. Excessive cross-posting of the same article to multiple newsgroups.
2. Posting of irrelevant or off-topic material to newsgroups (also known as USENET spam).
3. Posting binaries to a non-binary newsgroup.
4. Posting adverts, solicitations, or any other commercial messages unless the guidelines of the newsgroup in question explicitly permit them.
Unsolicited, Spam and Junk mail
Spam and unsolicited bulk mail are highly problematic practices. They affect the use and enjoyment of services by others and often compromise network security. DSLSHop will take swift and firm action against any user engaging in any of the following unacceptable practices:
1. Sending unsolicited bulk mail for marketing or any other purposes (political, religious or commercial) to people who have not consented to receiving such mail;
2. Operating or maintaining mailing lists without the express permission of all recipients listed;
3. Failing to promptly remove from lists invalid or undeliverable addresses or addresses of unwilling recipients;
4. Using DSLSHop’s service to collect responses from unsolicited e-mail sent from accounts on other Internet hosts or e-mail services, that violate this AUP or the AUP of any other Internet service provider;
5. Including DSLSHop’s name in the header or by listing an IP address that belongs to DSLSHop in any unsolicited email sent through DSLSHop’snetwork or not;
6. Failure to secure a customer‘s mail server against public relay as a protection to themselves and the broader Internet community. Public relay occurs when a mail server is accessed by a third party from another domain and utilised to deliver mails, without the authority or consent of the owner of the mail-server. Mail servers that are unsecured against public relay often become abused by unscrupulous operators for spam delivery and upon detection such delivery must be disallowed. DSLSHop reserves the right to examine users' mail servers to confirm that no mails are being sent from the mail server through public relay and the results of such checks can be made available to the user. DSLSHop also reserves the right to examine the mail servers of any users using DSLSHop’s mail servers for "smarthosting" (when the user relays its mail via a DSLSHop mail server to a mail server of its own) or similar services at any time to ensure that the servers are properly secured against public relay. All relay checks will be done in strict accordance with DSLSHop’s privacy policy.
Spam/Virus Filtering
DSLSHop provides a spam and virus filtering system to protect customers from unsolicited mail and viruses. The customer acknowledges that this system might incorrectly identify a valid message as spam or as a virus and consequently this message might not be delivered to the customer. The customer acknowledges and agrees that DSLSHop shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.
Webmail
Webmail and other web based email services made available by DSLSHop are provided on an "as is" basis without representations, warranties or conditions of any kind, and the customer acknowledges and agrees that DSLSHop shall have no responsibility for, or liability in respect of, any aspect of the Webmail services, including without limitation for any lost or damaged data or any acts or omissions of DSLSHop. As webmail storage space is limited, some Webmail messages may not be processed due to space constraints or message limitations.
Webmail is provided to individuals and for personal use only. Any unauthorised commercial use of the Webmail service, or resale of the Webmail service is expressly prohibited.
Protection of Minors
DSLSHop prohibits customers from using DSLSHop’s service to harm or attempt to harm a minor, including, but not limited to, by hosting, possessing, disseminating, distributing or transmitting material that is unlawful, including child pornography.
Privacy and Confidentiality
DSLSHop respects the privacy and confidentiality of our customers and users of our service. Please review our privacy policy which details how we collect and use personal information gathered in the course of operating this service.
User Responsibilities
Customers are responsible for any misuse of Company‘s services that occurs through the customer‘s account. It is the customer‘s responsibility to ensure that unauthorised persons do not gain access to or misuse DSLSHop’s service.
DSLSHop urges customers not to reply to unsolicited mail or "spam", not to click on any suggested links provided in the unsolicited mail. Doing so remains the sole responsibility of the customer and DSLSHop cannot be held liable for the Customer being placed on any bulk mailing lists as a result.
Where the customer has authorised a minor to use any of the DSLSHop’s services or access its websites, you accept that as the parent/legal guardian of that minor, you are fully responsible for: the online conduct of such minor; controlling the minor's access to and use of any services or websites; and the consequences of any misuse by the minor, including but not limited to transactions entered into by the minor using such access.
DSLSHop cannot be held liable for any business dealings you have with any third parties on the Internet, including any vendors, or advertisers found on, or through, the DSLSHop network. Further, DSLSHop assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable customs and exchange control laws in connection with any such transactions shall be the customer‘s.
Notice and Take-down Procedures
DSLSHop confirms that it has a procedure in place for the notice and take-down of illegal material. In compliance with section 77 of the Electronic Communications and Transactions Act (No. 25 of 2002) DSLSHop’s designated agent for this process can be reached at (087) 808 8678 or at: takedown@ispa.org.za. The notice and take-down procedure can be viewed at www.ispa.org.za/code.
Customers are also notified of the content and procedures of the ISPA Code of Conduct (www.ispa.org.za/code) which may be used against any Internet service provider who fails to comply with the code of conduct. We urge you to familiarise yourselves with this code.
Complaints and procedures
It is the customer‘s responsibility to familiarise himself or herself with the procedure set out below and report any cases of violation of this AUP to DSLSHop’s designated complaints handling agent.
Please note that DSLSHop cannot handle complaints concerning networks or users that do not have service contracts with us or our affiliates, or are outside of our control.
In order for DSLSHop to thoroughly investigate the complaint and take appropriate action, all complaints must be in writing, via fax or e-mail and contain as much information as possible, including, but not limited to:
· the origin of abuse or offence, including the website, full mail headers, relevant logfile extracts etc;
· any contact details for the source of the complaint;
· A brief explanation why the incident is considered to be an offence.
DSLSHop discourages anonymous complaints being made via this service, and urges complainants to supply their name and contact details to us. Such information will not be released, except where required by law enforcement. Anonymous complaints will however be acted upon as long as sufficient detail as outlined above is supplied.
Action following breach of the AUP
Upon receipt of a complaint, or having become aware of an incident, DSLSHop may take any of the following steps:
· In the case of a network, inform the user's network administrator of the incident and request the network administrator or network owner to deal address the incident in terms of this AUP and the ISPA Code of Conduct;
· In severe cases suspend access of the user's entire network until abuse can be prevented by appropriate means;
· In the case of individual users, warn the user; suspend the user's account and/or revoke or cancel the user's network access privileges completely;
· In all cases, charge the offending parties for administrative costs as well as for machine and human time lost due to the incident;
· Assist other networks or website administrators in investigating credible suspicions of any activity listed in this AUP;
· Institute civil or criminal proceedings;
· Share information concerning the incident with other Internet access providers, or publish the information, and/or make available the users' details to law enforcement agencies
Reservation and Non Waiver of Rights
DSLSHop reserves the right to amend or alter this policy at any time, and without notice to you.
DSLSHop reserves the right to take action against any individuals, companies or organizations that violate any of the prohibited activities set out herein, or engage in any illegal or unlawful activity while accessing our services, to the fullest extent of the law.
DSLSHop reserves the right, at its sole discretion, to act against other types of abuse not listed in this document and to investigate or prevent illegal activities being committed over our network.
DSLSHop reserves the right to monitor user and network traffic for site security purposes and prevent any unauthorised attempts to tamper with our site or cause damage to our property.
DSLSHop reserves the right to suspend, revoke or cancel DSLSHop’s services to the customer/user if the safety and integrity of DSLSHop’s resources are placed at risk in continuing to provide service to the subscriber/user.
DSLSHop reserves the right to remove any information or materials in whole or in part, that, in DSLSHop’ssole discretion, is deemed to be offensive, indecent, or otherwise objectionable.
DSLSHop does not undertake to guarantee the security of any data passing through its networks. Although DSLSHop will provide a "best effort" service, including regular updates on computer viruses and other threats to security of data, it is the responsibility of the communicating parties to safeguard their data, and DSLSHop cannot be held liable for any loss or damage arising as result of the failure to do so.
DSLSHop does not waive its right to enforcement of this AUP at any time, or prejudice its right to take subsequent action, should DSLSHop fail, neglect or elect not to enforce a breach of the AUP at any time.
Additional detail can be obtained by writing to legal@apdcentral.co.za
PROTECTION OF MINORS
A collection of links dedicated to the safety of your children while on the internet:
1. CyberAngels - World's oldest and largest Internet safety organisation.
2. GetNetWise - Educating parents and children about how to use the Internet safely.
3. KidShield - Tools and information to create a safety net for your children online.
4. ProtectKids - Protecting children in cyberspace.
5. SafeKids - Making your family's online experience fun and productive.
6. WiredKids - Online safety for kids and teens.
NOTIFICATIONOF INFRINGEMENTS
General Notice
In terms of section 75 of the Electronic Communications and Transactions Act ("the Act"), DHLShop has designated the Internet Service Providers' Association as an agent to receive notifications of infringements as defined in Section 77 of the Act.
For further details contact the Internet Service Providers Association:
Postal address: PO Box 3423, Parklands, 2121
Physical address: 11 Coetzee Street, Minnebron, Brakpan
Voice: +27 11 314 7751
Fax: +27 11 678 2097
E-mail: takedown@ispa.org.za
Website: www.ispa.org.za
SITE TERMS & CONDITIONS
You may only use this site to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. 'Deep-linking', 'embedding' or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.
Disclaimer of Warranty
The contents of this site are provided "as is" without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement.
The owner of this site, the authors of these contents and in general anybody connected to this site in any way, from now on collectively called "Providers", assume no responsibility for errors or omissions in these contents.
The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility.
The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.
Our Rights
We reserve the right to:
1. Modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
2. Change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
3. We will use our reasonable endeavors to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
Privacy Policy
We are committed to protecting your privacy. This privacy policy applies to all the web pages related to this website.
All the information gathered in the online forms on the website is used to personally identify users that subscribe to this service. The information will not be used for anything other that which is stated in the Terms & Conditions of use for this service. None of the information will be sold or made available to anyone.
The Site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Web site from which you linked directly to our site. This information is used to help improve the Site, analyze trends, and administer the Site.
We may need to change this policy from time to time in order to address new issues and reflect changes on our site. We will post those changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone. Please refer back to this policy regularly. If you have any questions or concerns about our privacy policy, please send us an E-mail.
By using this website, you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use our site. Your continued use of the website following the posting of changes to these terms will mean that you accept those changes.
Cookie/Tracking Technology
The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
Third Party Links
In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
Delivery Policy
When you click to make a purchase with us legal obligations arise and your right to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our terms & conditions. You must not make any purchase through this site unless you understand and agree all our terms and conditions. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such purchase. If you have any queries please contact us before making any purchase for any service through this website. Our 24 hour, 7 day a week support number is 087 808 8678.
Click on this link to view more details
Should you for any reason wish to cancel your credit card purchase you will be liable for a 15% handling fee. You must advise us in writing of your cancellation and any such cancellation must be signed by the person who made the original purchase. This form needs to be faxed to our accounts department on 0861 300 901 during normal office hours.
Payment Options
All transactions will be processed in South African Rands (ZAR). We accept credit card payments via the website and on request will supply our banking details should you wish to make payment via EFT or Direct Deposit.
Our banking details
Click on this link to view more details
Security Policy
Virtual Card Services process all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The company registration documents and the site's registered domain name are checked and verified by Thawte, ensuring the cardholder and merchant that nobody can impersonate VCS to obtain confidential information.
Virtual Card Services is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Virtual Card Services Internet servers are protected by firewalls and intrusion detection systems.
The Merchant does not have access to credit details.
Virtual Card Services continually reviews and enhances its security in line with technological changes.
Monitoring
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
Law
The Conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
Debit Orders
Debit orders will be processed on the first working day of every month. All failed debit orders will carry a penalty of R20.00 which will be levied against your account.
If your debit order fails, your service(s) will be disabled immediately and you will be required to pay your arrears plus the R60.00 debit order penalty.
Your debit order is on an automated process and can not be stopped after the 25th of each month. Please note that if you are canceling your service(s) with DHLSHop, we need to have received your cancellation form during office hours before the 25th of the month. Failure to do so will result in the monthly subscription being debited from your account. Any refund will attract normal banking charges.
If your payment method is Debit Order and it is past the 25th of the month (Debit order run has taken place), cancellation of the service will be auctioned but the payment from your account will still take place. You will receive a refund but it will be less bank fees of around R60.00.
Contact Details
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I accept and understand that:
a. The service will be subject to:
Provisions of the Telecommunications Act 103 of 1996. Telkom's Public Switched Telecommunications Service License Conditions and Telkom's, SAIX & UUNet's Conditions of Service as amended from time to time, (A copy of these conditions is available from Telkom SAIX & UUNet).
b. I will rent the service for the contract term as indicated in this order. One month’s written notice of discontinuance is required.
c. Should I/we fail to pay my/our account I/we shall be liable for any resultant collection, tracing and/or legal fees.
d. DHLSHop will be entitled to verify the information contained on the customer’s order form and generally make enquiries it deems necessary. DHLSHop will also be entitled to furnish any information regarding the customer’s account with DHLSHop and his compliance with these conditions to any credit bureau / Bank.
e. I/we hereby indemnify DHLSHop against any damage, loss, claims or cost that may result from the work being done in connection with the connection and / or removal of the service.
f. The ADSL service is sold as a best effort service and does not provide any guaranteed throughput to the world wide web.
A copy of the ECT (Electronic Communications and Transactions) Act is available at:
http://www.polity.org.za/page.php?rep_id=473
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