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
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
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.