Terms & Conditions of Use
THE SERVICE
PNet t/a Home Directory own and manage Home Directory on which Personalized Website and Server Hosting services are performed.
It is recorded that the Customer wishes Home Directory to provide it per their individual contract with a personalized industry website, banner and or button on The Home Directory website.
In return for payment of the monthly fee which is inclusive of V.A.T. and on the terms and conditions contained in this agreement, The Home Directory undertakes to provide the Customer on the following basis:
The customer shall have exposure of its website, banner and/or button on The Home Directory website, for a period as stated per the contract.
The first payment per the contract shall be made once the website is live on The Home Directory website. Where applicable, a pro-rota payment for the first month shall apply.
The customer is at all times liable to ensure that the Host is informed of any changes in company information as well as the address and/or telephone numbers.
The host does not accept any liability whatsoever for the preservation of, and/or integrity of, any text and/or any other form of data within its system. The Customer accordingly indemnifies the Host against all claims arising from the loss of such text and/or other form of data
The host does not accept any liability whatsoever for the preservations and/or integrity of any form of text or data once such data has left the system. The Customer accordingly indemnifies the Host against all claims arising from the loss of such text and/or form of data.
The customer website content will remain the property of the Customer, whether the contract is concluded or breached.
Home Directory Website and contents will remain the property of Pnet and the Customer rents the utilization of The Home Directory’s modular technology and upgrades only. The intellectual technology, modules and engine vest within Pnet.
PLEASE NOTE: If you are an individual or a company, CC, partnership, trust or other association of persons which has an annual turnover or asset value below R2 million, you have the rights set out in the Consumer Protection Act, 2008 and certain provisions of this agreement may not be enforceable against you, including:
- clauses Either party may cancel this agreement by giving the other party 30 days prior written notice of cancellation, provided that you may not give The Home Directory notice of cancellation during the first 6 months following the Commencement Date. and You may renew this agreement for a further period of 12 months ("Renewal Period") by giving The Home Directory a written notice to that effect at least 60 days prior to the Expiry Date. This agreement will be renewed on the same terms and conditions except for the Licence Fee which will apply during the Renewal Period. relating to cancelling the agreement;
- clause The Home Directory shall at your request, refund you 5% of your Fee (excluding VAT) paid in respect of a calendar month, on each occasion during that calendar month when Website Downtime continues for at least 24 consecutive hours longer than the Maximum Downtime, up to a maximum amount of 100% of your Fee. regarding Licence Fee refunds.
Certain provisions of this agreement have been printed in bold and placed in text boxes to bring them to your attention. Please read these provisions carefully and make sure that you understand and agree to them.
DURATION, CANCELLATION AND RENEWAL
This agreement commences on the date specified ("the Commencement Date") and subject to its other provisions, continues until the expiry date ("the Expiry Date") specified in the agreement.
Either party may cancel this agreement by giving the other party 30 days prior written notice of cancellation, provided that you may not give The Home Directory notice of cancellation during the first 6 months following the Commencement Date.
If you cancel this agreement before the Expiry Date, you must pay The Home Directory an early cancellation fee equal to 25% of the total Fees which you would have paid to The Home Directory for the remainder of the agreement, if the agreement had not been cancelled.
From the date on which this agreement is cancelled for any reason, the service will lapse, your Personalized Website and Server Hosting services will be removed from the Website.
You may renew this agreement for a further period of 12 months ("Renewal Period") by giving The Home Directory a written notice to that effect at least 60 days prior to the Expiry Date. This agreement will be renewed on the same terms and conditions except for the Licence Fee which will apply during the Renewal Period.
Before the Expiry Date, the parties must agree in writing if the contract is to be renewed and the Fee which will apply during the Renewal Period. If the parties are unable to agree a new Fee, this agreement will terminate on the Expiry Date.
FEES AND PAYMENT
With effect from the Commencement Date and for the duration of this agreement, The Home Directory will provide you with an original tax invoice ("your Monthly Invoice") setting out the Fees which you must pay to The Home Directory in return for the service provided.
You must pay the full amount of the Fees set out in your Monthly Invoice to The Home Directory in advance, on or before the .......day of each calendar month, by debit order into The Home Directory's bank account, the details of which are:
| Bank name | ........................................................ |
| Account name | ........................................................ |
| Account number | ........................................................ |
| Account type | ........................................................ |
| Branch code | ........................................................ |
RECONNECTION PENALTY
If you fail to pay the full amount of the Fees by the due date for payment, The Home Directory may deactivate your service, preventing 3rd parties from accessing your information on the Website until such time The Home Directory receives full payment of the applicable Fees.
The Home Directory will not reactivate your service until you pay The Home Directory a reconnection penalty of R1 250.00 (plus VAT).
WEBSITE DOWNTIME
If you are unable to access and/or use the Website or any part of them, you must notify The Home Directory thereof by logging a complaint at support@homedirectory.co.za.
"Website Downtime" will exist from the time that a subscriber advises The Home Directory that it cannot access and use the Websites until the time that the subscriber can again access the Websites to transmit and receive data.
The Home Directory may during a calendar month, prevent you from accessing and/or using the Websites for up to 30 hours ("Maximum Downtime") for the purposes of maintaining, updating and/or upgrading the Website.
The Home Directory shall at your request, refund you 5% of your Fee (excluding VAT) paid in respect of a calendar month, on each occasion during that calendar month when Website Downtime continues for at least 24 consecutive hours longer than the Maximum Downtime, up to a maximum amount of 100% of your Fee.
Subject to clause The Home Directory shall at your request, refund you 5% of your Fee (excluding VAT) paid in respect of a calendar month, on each occasion during that calendar month when Website Downtime continues for at least 24 consecutive hours longer than the Maximum Downtime, up to a maximum amount of 100% of your Fee., The Home Directory is not liable to you for any loss or damage, (including consequential loss) which you suffer or cost which you incur as a result of Website Downtime due to:
- routine or planned maintenance of the Websites;
- circumstances beyond The Home Directory's reasonable control, such as the failure of the hardware or software belonging to Telkom, internet service providers and other third parties;
- any other reason, as long as such Website Downtime does not exceed the Maximum Downtime.
The Home Directory's liability not excluded by the other provisions of this agreement is limited to the amount referred to in clause The Home Directory shall at your request, refund you 5% of your Fee (excluding VAT) paid in respect of a calendar month, on each occasion during that calendar month when Website Downtime continues for at least 24 consecutive hours longer than the Maximum Downtime, up to a maximum amount of 100% of your Fee.
BREACH
If you breach any of the provisions of this agreement and you do not remedy your breach within 7 days after receiving a written notice from The Home Directory requesting you to do so, The Home Directory may cancel this agreement and claim all amounts which you owe to The Home Directory up to the date of cancellation, plus damages.
DISCLOSURE OF YOUR INFORMATION
You agree that The Home Directory may:
- from time to time request copies of your credit record from any registered credit bureau to determine your creditworthiness; and
- advise any registered credit bureau of the existence of this agreement and your conduct in relation to this agreement.
NOTICES AND ADDRESSES FOR SERVICE
Unless otherwise specified any notice or communication in terms of this agreement:
- must be in writing to be effective;
- must be sent by hand, telefax, registered post or email to the addresses/telefax numbers set out on the first page of this agreement.
- A party may change its address/telefax number to any other address/telefax number within South Africa. Such change will only take effect upon receipt or deemed receipt of such notice by the other party.
- Any notice or communication shall:
- if delivered by hand during business hours to the person apparently in charge of the premises selected by the addressee for the delivery of notices, be deemed to have been received on the date of delivery;
- if sent by registered post to the selected address, be deemed to have been received 6 days after posting;
- if telefaxed to the selected telefax number, be deemed to have been received on the first business day following the date of transmission; and
- if sent by e-mail to the selected e-mail address of the addressee, be deemed to have been received on the first business day following the date on which it has been transmitted from the information system under the control of the sender.
Any written notice or communication which has actually been received by a party shall be regarded as sufficient notice even if it has not been sent in the manner or to the address/telefax number provided for above.
GENERAL PROVISIONS
This is the whole agreement between the parties containing all of the express provisions agreed on by the parties regarding the subject matter of the agreement.
No party may rely on any representation which allegedly induced that party to enter into this agreement, unless the representation is recorded in this agreement.
No agreement varying, adding to, deleting from or cancelling this agreement (including this clause) and no waiver of any right under this agreement shall be effective unless it is in writing and signed by or on behalf of the parties.
If at any time a party decides not to exercise any right in terms of this agreement, that party may still exercise that right thereafter, unless it has indicated in writing that it shall no longer exercise that right.
No party may cede, delegate, assign or sub-contract any of its rights or obligations under this agreement without the prior written consent of the other party.
This agreement shall be governed by and interpreted according to the law of South Africa.
If any provision is followed by the word "including" and specific examples, such examples will not limit the general meaning of the provision concerned.
If this agreement expires or is terminated, those provisions which are intended to apply after such expiry or termination shall continue to apply after such expiry or termination.
Headings of clauses are inserted for convenience only and must be ignored when interpreting this agreement.
Unless inconsistent with the context, words signifying any one gender will include the others, words signifying the singular will include the plural and vice versa and words signifying natural persons will include artificial persons and vice versa.
For the purposes of this agreement:
- "day" means a calendar day;
- "business day" means any day other than a Saturday, Sunday or South African Public Holiday;
- "month" means a month calculated from a particular day in one month to the day before the day numerically corresponding to it in the following month;
- "calendar month" means one of the 12 months of the year from the 1st to the last day of such month;
whenever any number of days is prescribed, it excludes the first and includes the last day unless the last day falls on a Saturday, Sunday or South African public holiday in which case the last day will be the next succeeding business day.
