Terms and Conditions

This document describes the service that is offered, charges for the services and actions that are prohibited.

The Provider

Googology Website design, marketing and hosting is operated by Fox Digital, South African registered (PTY) Ltd and will herein be referred to as “the Provider”.

 

Fox Digital (PTY) Ltd

36 Gouws Avenue
Raslouw, 0149
Pretoria
South Africa

Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

 

Acceptable Use Policy

The Customer shall not use the services or the servers provided by the Provider to:

  • Send unsolicited commercial or bulk email to any party for any reason which may or may not result in a complaint.
  • Access or attempt to access a computer or network resource that you are not authorized to access.
  • Distribute or make available in any way to any party illegal copyright or illegal intellectual property.
  • Store, transmit, create, or examine any pictures, realistic or not, of humans, or images suggesting humans that are under the age of 18 years in an either implied or actual pornographic picture.
  • Forge email headers or TCP/IP packet headers or engage in spoofing.
  • Distribute worms, viruses, or Trojans.
  • Violate export controls on any software or intellectual property.
  • IRC access is forbidden.
  • Store and/or transmit video and audio except for personal video and personal or free audio.
  • Commit or attempt to commit any denial of service attack against any computer, network, or individual.
  • War bots/X-DCC are not allowed.
  • Shell hosting companies cannot be run from our service.
  • Use any peer to peer programs.
  • If you are (D)DOSsed the Provider reserve the right to suspend your account to limit the attack. If you are found to have caused the (D)DOS your account may be suspended or cancelled.
  • Abuse towards the Provider’s staff in the form of verbal abuse or anything else that we deem to be offensive may result in cancellation of your account.
  • No free hosting companies are allowed on our service due to the high risk of abuse by end clients.
  • Game servers such as Half Life 2 or CounterStrike and similar are not allowed due to the amount of CPU resources they take.
  • Proxies are tolerated but should they cause issue the supplier has the right to suspend them and inform the client they need to upgrade or move the proxy.

The Provider does not monitor, and will have no liability for the contents of, any communications transmitted by virtue of the services. Notwithstanding the aforesaid the Provider reserves the right to withdraw the service without compensation to the Customer in the event of a breach of the Acceptable Use Policy and any such breach shall be treated as a fundamental breach of contract.  Any breach of contract could result in your account being cancelled or suspended during the course of the billing period.  The provider reserves the right not to award any refunds for any breach of contract.

 

Billing & Payment

Your contract with the Provider lasts and renews for the length of your billing period. For example if you pay every month then your contract is for one (1) month. If you pay every three (3) months, your contact lasts 3 months and so on. Should payment be late by greater than two (2) days we reserve the right to levy a late fee on your account of R10.00 or 5% whichever is higher. Beyond one (1) day late we will suspend your virtual server.  After four (4) days your virtual server will be terminated.  Charges for new accounts are prorated to accommodate the billing cycle.  Charges for terminating accounts are not prorated. Charges for usage by a customer beyond the base amount of usage contained in customer's service plan shall be billed the following month along with base charges for the coming month.

Volume discounts for bulk purchases of monthly connectivity services remain in effect for the total length of the term (otherwise, the full fees apply).

The Provider may terminate any account with no refund to the customer in the event of the customer's breach of any of the terms or conditions contained herein.

Should any part of your account be overdue the Provider reserves the right to suspend or cancel all services associated with your account.

All customers agree that should they in anyway breech this agreement or fail to pay any installment in full on due date, that the full balance owing on this account at the date of such breech or failure to pay, as the case may be, will become due and payable and that legal action may be instituted against them for the full balance owing.

Customers agree to pay all costs , including collection charges, tracing charges, attorney and client charges and any other charges howsoever incurred, as a result of their breach or failure to pay as described above.

The Provider reserves the right to display an account suspension page on any website suspended due to non-payment.

A Debit Order Payment facility may provided by the Provider at no charge to the client. However, bank charges levied by the client’s bank will still form part of the client’s account. Debit orders will be accepted on receipt and acceptance of the Debit Order Authority Document and a valid copy of the client’s ID document. Debit order dates are strictly set between the 1st and 5th of any month and the client remains fully responsible for any and all payments to the Provider as detailed on the Debit Order Authority Document.

The Provider will charge the Client a minimum of R10.00 for any failed or rejected Debit Order.

 

Cancellation of Service

Cancellation requests must be received in writing via fax, email or postal service to the Provider on a company letter head with a seperate signed copy of the account holder’s ID, and will be acknowledged by the Provider via email.  If account cancellations are given in the middle of the billing period, the client will still be billed for a full billing period.

The Customer may terminate the service at any time with at least two working days notice.  The Procider generally does not issue refunds, unless the Provider considers that there are appropriate grounds for the refund request.  If applicable refunds will only be issued for the previous one month of service and exclude any control panel licensing fees.

The Provider reserves the right to terminate your account, and any future business relation with you, for any suitable reason at any time via email notification.

 

Force Majeure

The Provider will not be liable for delays in its performance of the Terms and Conditions or the Provider services caused by circumstances beyond the Provider’s reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively “Force Majeure”). The Provider will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due. Any waiver, modification, or amendment of any provision of the Terms and Conditions or other agreement for the Provider services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of the Provider.

 

Governing Law and Severability

The Terms and Conditions, and any other agreement for the Provider services, will be governed by and construed in accordance with the laws of South Africa without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and the Provider will take place in South Africa, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the Terms and Conditions or other the Provider agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the Terms and Conditions or the agreement will continue in full force and effect.

 

Exclusion of third party rights

The Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement (Terms and Conditions) and no person other than the parties to this agreement shall have any rights under it, nor shall it be enforceable under that Act by any person other than the parties.


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