General terms and conditions:
Phetla IT Solutions (hereafter referred to as “PITS”) undertake to register with a Registrar accredited by the Internet Corporation for Assigned Names and Numbers (ICANN) in accordance with prescribed legislature, Domain name/s and Host Websites and corresponding material on its server/s to any party specified as Applicant on the Application Form (hereafter referred to as the “Applicant”) These terms and conditions apply to the use and registration of Domain names and the Web Hosting services offered by Pits.
Non conformity by an Applicant to Pits constituting terms and conditions reserves Pits the right, at its sole discretion to reject access to its services or refuse service to any person in default. These terms and conditions together with the Application Form of the Applicant constitutes:
The entire agreement between Pits and the Applicant and that no alteration or addition to this Agreement may be effected unless agreed by both parties, reduced in writing and signed by the Applicant and a Representative of Pits;
This Agreement will govern all future contractual relationship between the parties concerned;
This Agreement is applicable to all debts incurred by the Applicant;
This Agreement is final and binding and is not subject to any suspensive or dissolution condition.
Pits reserves the right to move a Domain/website between different servers without prior notice. Suspension of services may occur due to maintenance and upgrading of facilities. Information regarding scheduled downtime is available on the Pits Support Website as are any other interruptions.
In compliance with this Agreement, Pits reserves the right to inspect the contents of all data that the Applicant transmits, receives, or stores on its server/s and to disclose such contents to any law enforcement authorities should the need arise.
If the Applicant uses Pits server/s to transmit any unsolicited email or Spam, such a service will be suspended without notification and the necessary punitive action will be procedurally undertaken.
Pits server/s will not be used for any form of bulk emailing without prior consent in writing from its appointed representative.
Individual mail sent to the Applicant’s Pop3 box or forwarded to the Applicant’s existing email address may be limited to 3000k in size each.
If a website of a particular Applicant is maximized to the optimum on the available resources Pits reserves the right to suspend that site immediately. Such an Applicant will be presented with various other options at an additional charge.
Scripting language uploads is limited to a maximum of 4MB per file: including PHP, ASP, and ASP.NET.
This Agreemen shall endure for a period of 24 months from the date of registration. If the Applicant intends to cancel this contract the Applicant is still liable for the full payment of the balance for the period of the contract. A cancellation request in respect of any of the services must be completed via the web form www.phetla.com/cancellations.htm one calendar month (30 days) before the date of ceasing the service.
Initial set-up fees are non-refundable. Domain Name Registration fees constitute a once-off payment payable in advance for the registration of each new Domain Name/s and subject to certain renewal charges.
Applicant acknowledges that the prices provided herein are subject to escalation and Pits shall be entitled at its sole discretion to increase the fees in respect of registration of domains and website hosting. Furthermore, Pits shall be entitled to charge interest on ay overdue amounts at the publicly quoted overdraft rate charged by First National Bank Limited from time to time plus 2% from the due date for payment until the date of payment.
Any dispute arising from outstanding amount of charges to which Pits is entitled, such dispute/s shall be determined by Pits auditors from a financial point of view and not as an arbitrator. The cost of the determination shall be paid by on demand by the party against which the determination is made, or as determined by the said auditors.
Pits may record and transmit details of the culture of obligation and payments performed and undertaken by the Applicant to a Credit Bureau.
Pits reserves the right to withdraw certain web hosting packages if it deems it necessary however, it will determine at its sole discretion to provide the service for the remainder of the contractual period that has been paid for or refund the amount that has been already paid for that specific package.
All accounts are set up on a prepay basis. Payment is due every 30 or 365 days, on the 25th of each month.
No bills or invoices will be sent by regular mail. All invoices will be sent directly to clients via email shortly after the online payment has been made. At this point the customers account will be charged automatically.
A valid credit/debit/bank account and email address must be registered to your account at all times, failure to do so may result in suspension of your account.
The following payment options may be used by the Applicant:
Credit/Debit cards, MasterCard, Visa, Visa electron Switch/Maestro.
Debit Order: South African banks only
EFT/Bank Transfers
Cheque payments: This option is only available to clients who pay annually. A credit/debit card number will still be required if clients require the facility to purchase domains of host websites and other services on-line. Pits cannot guarantee that a service will be provided until after any received cheques have been cleared.
In the event that a debit order amount is recalled due to incorrect information supplied by the Applicant or due to insufficient funds in the Applicant’s account the hosting of the website will be immediately suspended.
In the case of a website being suspended due to non-payment a reconnection fee of R250.00 will be payable before the website is reinstated.
If payment for a Domain Name/s and web hosting has not been made within 30 days of a successful Applicant or renewal thereof, Pits reserves the right, without any notice to the Applicant to remove the services and make it available for re-registration.
In addition to what is set out in the above clause, Pits shall be entitled in its sole discretion to suspend the relevant services if there has been failure to make payment of the necessary fees in respect of Domain Name/s registration and web hosting. Pits shall be entitled to retain a lien on the Domain Name/s and web sites in respect of any outstanding debts owing to Pits in terms of any other services supplied to the Applicant by Pits.
The use or registration of the Domain Name/s or website hosting by the Applicant does not interfere with nor infringe the right of any third party in any jurisdiction with respect to trademark, service mark, trade name, company name, close corporation name, copyright nor any other intellectual property right.
Applicant shall not use the assigned Domain Name/s in contravention of any laws or statutory enactments, and that the Domain Name/s shall be used in accordance with the guidelines by ICANN (at www.icann.org). Applicant acknowledges that Pits has no obligation to assist Applicant in regard to familiarizing and keeping Applicant appraised of all relevant South African law in force from time to time which has any bearing on the Domain Name/s and or its use.
If the application for the Domain Name/s is made by a proxy agent on behalf of the Applicant, including but not limited to an Internet Service Provider (ISP), the Applicant is nonetheless bound as a Principal for all the obligations in terms of all terms and conditions contained herein.
Pits does not make any representations nor does it give any warranty or guarantee of any nature whatsoever in respect of the Domain Name/s registered or to be registered, or its suitability for any purpose, whether that purpose is notified to Pits or not and all common law warranties are expressly excluded.
The Applicant will not use Pits server/s for any material which are deemed to be offensive, illegal or unlawful including adult/child sex related sites/ merchandising, pornography, pirated software, violation of copyrights, 419 scams, hacker programs/archives, Warez sites, IRC servers, IRC bot, Hate propaganda, unfair competition, ‘cybersquatting, injuring the reputation of another, delictual interference with contract or prospective business advantage, nor for the purpose of confusing or misleading any person whether natural or incorporated.
Exclusion of liability: Pits will not be liable for any loss of use, interruption of business, or any indirect, special incidental, or consequential damages of any kind(including loss of 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 registration of the Applicant’s selected Domain Name/s.
Pits makes no warranties of any kind, expressed or implied for services that it pro vides. Pits does not back up your data/website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure Pits cannot guarantee to be able to replace lost data. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Pits and its employees.
Pits reserves the right to review its terms and conditions policy documents at regular intervals.
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