Service Terms and Conditions

1. GENERAL

Customers using our services are subject to compliance with the terms and conditions set forth below. Under the terms of this agreement, your placement of information with Why Web is an acknowledgement that you have read and understood this agreement, and that you agree to be bound by the terms and conditions thereof.

2. PROVISION OF THE SERVICES

Subject to this Agreement, Why Web shall activate the Domain and maintain the availability of the Services to the Customer throughout the duration of this Agreement.

3. DURATION

3.1. This Agreement will commence on the Activation Date and, subject to the terms of this agreement shall continue for 24 (twenty four) months ("the Initial Period") and thereafter until terminated by either party on not less than 1 (one) calendar month's written notice.
3.2. This Agreement may be terminated by either party on not less than 1 (one) calendar month's notice except that no notice may be given so as to require termination -
3.2.1. prior to the expiry of the Initial Period; and/or
3.2.2. where an upgrade has been affected by the Customer, prior to the expiry of the Renewal Period.

4. CHARGES AND PAYMENT

4.1. The first month's Hosting Fee may be due and payable by the Customer to Why Web in full on the Activation Date and the balance of the Hosting Fees shall be due and payable to Why Web by the Customer as specified on Why Web's invoice therefore but in any event by no later than the last working day of each and every subsequent month until expiry of the Initial Period and/or Renewal Period, as the case may be.
4.2. The Customer will also pay to Why Web all other charges relating to any other service, incurred in respect of the Services and/or any Website or other work for hire purchased by the Customer from Why Web within 14 (fourteen) days of date of Why Web's invoice.
4.3. Prior to the activation of the Customer's Website on the Internet, Why Web shall be entitled to require the Customer to pay to it a deposit in an amount which Why Web in its discretion deems fit. Such deposit shall be paid by the Customer and shall be retained by Why Web as security and may be appropriated either wholly or in part towards payment of any amount that may be due by the Customer to Why Web. The deposit or any balance thereof, as the case may be shall be refunded, free of interest, to the Customer after all his obligations hereunder have been fully discharged.
4.4. Any amount due by the Customer to Why Web that is not paid on due date therefore shall bear interest at a rate equal to the maximum rate allowable in terms of the Usury Act, 1968, calculated from the due date to the date of actual payment, In addition, should any payment instrument tendered by the Customer or amount drawn by Why Web in terms of a debit order authority not be met by the Customer's bankers, Why Web reserves the right, in its sole discretion, to levy a fee in regard thereto.
4.5. In the event of the termination of this agreement prior to the expiry of the Initial Period as specified in clause 3 above, or the Renewal Period, as the case may be, Why Web shall have the right to claim immediate payment of all and any outstanding charges owing to Why Web and the Customer shall be obliged to effect payment of the amount so claimed and the provisions of clause 13.2 shall apply.
4.6. The charges levied by Why Web, may vary from time to time and the Customer shall be bound to pay such varied charges with effect from the date of publication thereof by Why Web.
4.7. The hosting charges levied by Why Web shall not exceed the quoted amount for the Initial Period.
4.8. All fees, charges and prices set out in this Agreement and/or any pricelist from time to time are exclusive of Value Added Tax which shall additionally be borne and paid for by the Customer at the prevailing rate from time to time unless otherwise stated.

5. CHARGES AND PAYMENT

5.1. The first month's Hosting Fee may be due and payable by the Customer to Why Web in full on the Activation Date and the balance of the Hosting Fees shall be due and payable to Why Web by the Customer as specified on Why Web's invoice therefore but in any event by no later than the last working day of each and every subsequent month until expiry of the Initial Period and/or Renewal Period, as the case may be.
5.2. The Customer will also pay to Why Web all other charges relating to any other service, incurred in respect of the Services and/or any Website or other work for hire purchased by the Customer from Why Web within 14 (fourteen) days of date of Why Web's invoice.
5.3. Prior to the activation of the Customer's Website on the Internet, Why Web shall be entitled to require the Customer to pay to it a deposit in an amount which Why Web in its discretion deems fit. Such deposit shall be paid by the Customer and shall be retained by Why Web as security and may be appropriated either wholly or in part towards payment of any amount that may be due by the Customer to Why Web. The deposit or any balance thereof, as the case may be shall be refunded, free of interest, to the Customer after all his obligations hereunder have been fully discharged.
5.4. Any amount due by the Customer to Why Web that is not paid on due date therefore shall bear interest at a rate equal to the maximum rate allowable in terms of the Usury Act, 1968, calculated from the due date to the date of actual payment, In addition, should any payment instrument tendered by the Customer or amount drawn by Why Web in terms of a debit order authority not be met by the Customer's bankers, Why Web reserves the right, in its sole discretion, to levy a fee in regard thereto.
5.5. In the event of the termination of this agreement prior to the expiry of the Initial Period as specified in clause 3 above, or the Renewal Period, as the case may be, Why Web shall have the right to claim immediate payment of all and any outstanding charges owing to Why Web and the Customer shall be obliged to effect payment of the amount so claimed and the provisions of clause 13.2 shall apply.
5.6. The charges levied by Why Web, may vary from time to time and the Customer shall be bound to pay such varied charges with effect from the date of publication thereof by Why Web.
5.7. The hosting charges levied by Why Web shall not exceed the quoted amount for the Initial Period.
5.8. All fees, charges and prices set out in this Agreement and/or any pricelist from time to time are exclusive of Value Added Tax which shall additionally be borne and paid for by the Customer at the prevailing rate from time to time unless otherwise stated.
5.9. The charges levied by Why Web, may vary from time to time and the Customer shall be bound to pay such varied charges with effect from the date of publication thereof by Why Web.
5.10. The hosting charges levied by Why Web shall not exceed the quoted amount for the Initial Period.
5.11. All fees, charges and prices set out in this Agreement and/or any pricelist from time to time are exclusive of Value Added Tax which shall additionally be borne and paid for by the Customer at the prevailing rate from time to time unless otherwise stated.

6. VALUE-ADDED SERVICES

The Customer acknowledges and agrees that -
6.1. should he subscribe to any additional service(s) provided by Why Web ("value-added service(s)"), the provision of such value-added service(s) by Why Web will be subject to Why Web's standard terms and conditions applicable thereto from time to time with which the Customer undertakes to acquaint himself.

7. LISTING OF WEBSITES

Should the Customer default in any of his/her payment obligations during the Initial Period / the Renewal Period, as the case may be then Why Web shall be entitled to prevent the further use of the Customer's Website/Email and the Customer indemnifies Why Web in respect of any claim whatsoever arising from Why Web exercising its right in terms hereof.

8. DISCLOSURE OF INFORMATION

8.1. Why Web may to the extent permitted by law, receive or disclose the Customer's personal information, documents, credit profile information and/or any other credit information from or to -
8.1.1. any credit providers, bureau or reporting agencies;
8.1.2. any law enforcement agencies that require the information for the prevention or investigation of criminal activities;
8.1.3. any of Why Web's shareholders, related entities, suppliers, agents or professional advisors for reporting, accounting, product supply and service, marketing and/or auditing purposes;
8.1.4. Why Web or any subsidiary holding company of Why Web for any purpose connected with the Services or the hosting or for marketing or incentive scheme purposes.

9. CUSTOMER ACKNOWLEDGEMENT

The Customer acknowledges and agrees that -
9.1. Service quality and connection available to the Customer shall be limited to that provided by the Internet and the Services may, from time to time, be adversely affected by atmospheric conditions and other causes of interference; &
9.2. He/she shall not hold Why Web liable for any non-availability of the Services.

10. LIABILITY

10.1. The Customer indemnifies and holds Why Web harmless against any expense, loss, claim, harm or damage brought against, suffered of sustained by either Why Web which arises directly or indirectly out of a breach of the terms of this agreements either by Why Web or the Customer or by the use by the Customer of the Services and/or the Website, irrespective of the cause thereof. 10.2. Why Web shall not be liable to the Customer for any loss from any cause whatsoever and the Customer shall not be entitled to bring any claim or action against Why Web caused by any action or omission of Why Web. 10.3. Without affecting the generality of 10.1 above, Why Web shall not be liable to the Customer for any breach of this Agreement or failure on Why Web's part to perform any obligations as a result of technical problems relating to the Service, termination of any license to operate or use the Service, act of God, government control, restrictions or prohibitions or other government act or omission, whether local or national act of default of any supplier, agent or sub-contractor, industrial disputes or any other cause beyond the control of Why Web.

11. CUSTOMER UNDERTAKINGS

The Customer shall -
11.1. comply with all instructions issued by Why Web which concern the Customer's use of the services, the website or related matters; and
11.2. provide Why Web with all such necessary information as Why Web may, in its sole discretion, require; and
11.3. only use a Website which is approved for use in conjunction with the Services by Why Web.

12. SUSPENSION / DISCONNECTION

12.1. Why Web may from time to time and without notice to the Customer, suspend the Services, in any one of the following circumstances:
12.1.1. during technical failure, modification/maintenance of the Service; or
12.1.2. if the Customer fails to comply with any of the terms and conditions of this Agreement; or
12.1.3. if so directed by the Regulatory Authority; and in such event, the provisions of clause 12.2 and where applicable, clause 15.6 shall apply
12.2. Having regard to the circumstances at the time of suspension, disconnection or reconnection as the case may be, Why Web shall be entitled to levy a reasonable fee.

13. TERMINATION

13.1. In the event that the Customer breaches any term of this Agreement, then without prejudice to Why Web's other rights in terms of this Agreement or at law, Why Web may forthwith and without notice to the Customer, terminate this Agreement or call for specific performance of the Customer's obligations and immediate payment of all sums, owing by the Customer.
13.2. The Customer shall pay to Why Web all charges for access to the Service in respect of the un-expired portion of the contract period. The payment of such charges shall be accelerated and same shall become immediately due and payable upon termination of this Agreement.
13.3. Why Web may elect to charge a reasonable fee for disconnection of the Customer's Website from the Internet.
13.4. The Customer shall repay to Why Web on demand all costs which Why Web incurs as a result of the Customer's failure to comply with the terms and conditions of this Agreement or any cancellation hereof, which may include -
13.4.1. costs in connection with the tracing of the Customer and/or Domain; and
13.4.2. all legal costs on the attorney and own client scale; and
13.4.3. collection commission that may legally be recovered from the Customer by Why Web's attorneys of collection agents on amounts collected; and
13.4.4. the costs incurred in obtaining possession of the Website as well as the cost relating to the valuation, removal, transport, repair, maintenance and storage thereof; alternatively
13.4.5. the replacement cost of the Website.
13.5. It shall be in the sole discretion of Why Web as to whether it elects to levy the replacement cost of the Website or the charges referred to in clause 13.4.4 above.

14. POLICIES AN PROCEDURES

The Customer agrees to comply with and implement the policies and procedures of Why Web from time to time in relation to the Services, his/her Website, his/her Domain(s), the Internet and the use thereof.

15. LICENSE

Except where original material has been supplied by the Customer, layouts, designs, illustrations, artwork, photographs and code are the copyright of Why Web, and may not be reproduced in any form without the written permission from Why Web.

16. SET OFF

The Customer shall not be entitled to withhold any payment or set off or reduce any payment by reason of any claim which the Customer may have or aver to have against Why Web.

17. ASSIGNMENT

The Customer shall not cede, assign, transfer, encumber or delegate any of his/her rights or obligations in terms of this Agreement to any third party without the prior written consent of Why Web.

18. VARIATION

Why Web reserves the right, in its sole discretion, to vary the terms and conditions of this Agreement. Why Web may elect, in its sole discretion, to notify the Customer of such variation in writing or to publish such variation at its principal place of business, or on www.whyweb.co.za.

19. WHOLE AGREEMENT

This Agreement constitutes the whole agreement between the parties and no representations or warranties other than those set out herein shall be binding on the parties, save for any amendment effected in terms of clause 18 above.

20. NOTICES AND DOMICILIA

20.1. The Customer chooses as his/her domicilium citandi et executandi, the address set out in the application or order form or such other address of which the Customer may notify Why Web in writing provided such address is not a post office box or poste restante.
20.2. All notices given in terms of this agreement shall be in writing.

21. SEVERABILITY

In the event of any one or more of these terms and conditions being unenforceable, same will be deemed to be severable from the remainder of this Agreement which shall nevertheless be binding and enforceable.