Copy of ID   &   Proof of Residence Address are required per the RICA act.

 


1            All prices include VAT and will change from time to time – refer to http://www.agora.co.za/AgoraOnlineServicesPriceList.htm  for current pricing.

2            Pricing is per domain name.

3            Payment Options:  Monthly by Direct Debit or Yearly in advance

4            Cancellations require one month’s written notice.

5            Interest at 2.5% per month will be charged on overdue accounts.

6            Transfer / Traffic and Disk space limits

6.1.1         Web space and Email accounts include a monthly traffic allocation as indicated from time to time on our price list. The traffic is accumulated monthly across all protocols both sending & receiving (SMTP & POP3 & Http-Webmail) for mailboxes and the web site (HTTP, HTTPS & FTP).

6.1.2         Should traffic for the account exceed the monthly allocation, Additional traffic will be charged and debited at the per megabyte rate indicated on the pricelist.

6.1.3         Disk usage over specified limits will be charged similarly.

7            The Web space provides a hosting space on to which HTML files can be loaded to create a Web site and is sufficient for a substantially elaborate site. You will be provided with an FTP login for this purpose.  Web design & technical assistance with publishing your site is not included in the hosting fee. If you don’t have the design skills available or require a more sophisticated site, please ask us for a quote.

8            Email “attachments” are a very inefficient way to transmit large files.  For this reason our Email accounts limit the size of attachments to 10 Mb per email. Should you need to regularly send larger files, an Internet service called FTP (File Transfer Protocol) will handle those transfers more effectively and efficiently than email. (If interested, please inquire about our FTP service).

9            Technical support is available during office hours, Monday to Friday;  weekends and public holidays are excluded.  Support does not include assistance with HTML design or coding; such assistance is available at our usual hourly rates.

10         Use of Agora’s Internet related services is subject to our Acceptable Use Policy as amended from time to time, which can be found at http://www.agora.co.za/usepolicy.htm

10.1        The customer agrees that they will not knowingly create, store or disseminate any illegal content;

10.2        The customer agrees to lawful conduct in the use of the services, including compliance with copyright and intellectual property rights; and

10.3        The customer undertakes not to send or promote the sending of spam.

10.4        Agora reserves the right to remove any content hosted by that member which it considers illegal or for which it has received a take-down notice.

10.5        Agora reserves the right to suspend or terminate the service of any customer that does not comply with the terms and conditions, Acceptable Use Policy or any other contractual obligations.

11         You are responsible for managing your data.  We do not guarantee backups of your data.

12         Agora makes no warranties or representations of any kind, whether express or implied as to the service it is providing. Agora also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the Applicant, including loss of data resulting from delays, non-deliveries or service interruptions or from any cause whatsoever, or errors or omissions on the part of the Applicant. Use of any information obtained through Agora is at the Applicant's own risk, and Agora specifically denies any responsibility for the accuracy or quality of information obtained through its services. Any reference to Connection speed represents the speed of a connection to, and does not represent guarantees of available end to end bandwidth.

13         Agora International CC 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, even if Agora International CC has been advised of the possibility of such damages.  In particular Agora will not be liable should the registering authority refuse or fail to register or maintain the registration of the domain for any reason.  Agora expressly limits its damages to the Applicant for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.

14         The Applicant consents to the jurisdiction of any competent South African Magistrate's court for the adjudication of any legal dispute between Agora International CC. and the Applicant and these terms and conditions will be construed and interpreted in accordance with the law of the Republic of South Africa.

15         In the event that any of the terms of this contract are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable

16         Internet Domain Registration

16.1        Registration covers a .co.za domain name;
we can also register most other domains - .com, .net etc.  Additional fees may apply.

16.2        Agora International CC (Agora) acts as agent in applying for and maintaining Internet Domain Registrations.  The person or organisation which requests Agora to set up an Internet Domain (“the Applicant”) is the principal in the relationship with the relevant registering authority and authorises Agora to act on its behalf in this regard.

16.3        The Applicant represents, warrants and agrees as follows:

16.3.1      That the Applicant's statements in the application are true and that the Applicant has the right to use the Domain Name as requested in the Application;

16.3.2      That the use or registration of the Domain Name 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;

16.3.3      That the Applicant is not seeking to use the Domain Name for any unlawful purpose, including, without limitation, delictual interference with contract or prospective business advantage, unfair competition, injuring the reputation of another, nor for the purpose of confusing or misleading a person, whether natural or incorporated.

16.3.4      That the Applicant will be bound by the standard terms and conditions of the relevant registering authority as published and amended from time to time.

16.3.5      The Applicant is responsible for its selection of the Domain Name. Consequently, the Applicant shall defend, indemnify and hold harmless Agora International CC, its officers, employees and agents, for any loss, damage, expense or liability resulting from any claim, action or demand arising out of or related to the use or registration of the Domain Name, including reasonable attorney’s fees.  Such claims shall include, without limitation, those based upon trade name infringement, copyright infringement, dilution, delictual interference with contract or prospective business advantage, unfair competition, defamation or injury to business reputation.  Agora agrees to give the Applicant written notice of any such claim, action or demand within a reasonable time.  The Applicant agrees that Agora International CC shall be defended by attorneys of Agora International CC's choice at the Applicant's expense, and that the Applicant shall advance the costs of such litigation, in a reasonable fashion, from time to time.

16.4        Agora International CC will create or amend any additional DNS entries requested on the application within 7 day’s of the application free of charge.   Any additions or amendments after that time will incur a charge.  Agora will charge an initial setup fee and a yearly maintenance fee.  Agora’s charges are specified in Agora’s price list as amended from time to time.

16.4.1      Where additions, amendments or renewals require a change to the information lodged with the relevant registering authority, the registering authority may levy a fee which will be for the account of the applicant.

16.5        Should I/we fail to pay my/our account Agora will be entitled to retain the domain name or to transfer it to Agora’s own name or that of another party.