Last updated: June 25, 2021
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of this Disclaimer:
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Disclaimer) refers to Netbox Solutions cc, 21 Sterling Grove Crescent, Buh-Rein, 7570, Cape Town.
- Service refers to the Website.
- You means the individual accessing the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
- Website refers to Netbox Solutions , accessible from www.netbox.co.za
The information contained on the Service is for general information purposes only.
The Company assumes no responsibility for errors or omissions in the contents of the Service.
In no event shall the Company be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice. This Disclaimer has been created with the help of the Disclaimer Generator.
The Company does not warrant that the Service is free of viruses or other harmful components.
External Links Disclaimer
The Service may contain links to external websites that are not provided or maintained by or in any way affiliated with the Company.
Please note that the Company does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.
Errors and Omissions Disclaimer
The information given by the Service is for general guidance on matters of interest only. Even if the Company takes every precaution to insure that the content of the Service is both current and accurate, errors can occur. Plus, given the changing nature of laws, rules and regulations, there may be delays, omissions or inaccuracies in the information contained on the Service.
The Company is not responsible for any errors or omissions, or for the results obtained from the use of this information.
Fair Use Disclaimer
The Company may use copyrighted material which has not always been specifically authorized by the copyright owner. The Company is making such material available for criticism, comment, news reporting, teaching, scholarship, or research.
The Company believes this constitutes a "fair use" of any such copyrighted material as provided for in section 107 of the United States Copyright law.
If You wish to use copyrighted material from the Service for your own purposes that go beyond fair use, You must obtain permission from the copyright owner.
Views Expressed Disclaimer
The Service may contain views and opinions which are those of the authors and do not necessarily reflect the official policy or position of any other author, agency, organization, employer or company, including the Company.
Comments published by users are their sole responsibility and the users will take full responsibility, liability and blame for any libel or litigation that results from something written in or as a direct result of something written in a comment. The Company is not liable for any comment published by users and reserve the right to delete any comment for any reason whatsoever.
No Responsibility Disclaimer
The information on the Service is provided with the understanding that the Company is not herein engaged in rendering legal, accounting, tax, or other professional advice and services. As such, it should not be used as a substitute for consultation with professional accounting, tax, legal or other competent advisers.
In no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever arising out of or in connection with your access or use or inability to access or use the Service.
"Use at Your Own Risk" Disclaimer
All information in the Service is provided "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.
The Company will not be liable to You or anyone else for any decision made or action taken in reliance on the information given by the Service or for any consequential, special or similar damages, even if advised of the possibility of such damages.
If you have any questions about this Disclaimer, You can contact Us:
- By email: email@example.com
Last updated: June 25, 2021
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
- Account means a unique account created for You to access our Service or parts of our Service.
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Netbox Solutions cc, 21 Sterling Grove Crescent, Buh-Rein, 7570, Cape Town.
- Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
- Country refers to: South Africa
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Personal Data is any information that relates to an identified or identifiable individual.
- Service refers to the Website.
- Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
- Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
- Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
- Website refers to Netbox Solutions, accessible from www.netbox.co.za
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Collecting and Using Your Personal Data
Types of Data Collected
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Address, State, Province, ZIP/Postal code, City
- Usage Data
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Information from Third-Party Social Media Services
The Company allows You to create an account and log in to use the Service through the following Third-party Social Media Services:
If You decide to register through or otherwise grant us access to a Third-Party Social Media Service, We may collect Personal data that is already associated with Your Third-Party Social Media Service's account, such as Your name, Your email address, Your activities or Your contact list associated with that account.
Tracking Technologies and Cookies
- Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete Flash Cookies, please read "Where can I change the settings for disabling, or deleting local shared objects?" available at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_shared_objects_
- Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. Learn more about cookies: What Are Cookies?.
We use both Session and Persistent Cookies for the purposes set out below:
- Necessary / Essential CookiesType: Session CookiesAdministered by: UsPurpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
- Functionality CookiesType: Persistent CookiesAdministered by: UsPurpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
- To provide and maintain our Service, including to monitor the usage of our Service.
- To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
- For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
- To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
- To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
- To manage Your requests: To attend and manage Your requests to Us.
- For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
- For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
- With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
- For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
- With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
- With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
- With Your consent: We may disclose Your personal information for any other purpose with Your consent.
Retention of Your Personal Data
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Disclosure of Your Personal Data
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.
Links to Other Websites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
- By email: firstname.lastname@example.org
Terms of Service
Last updated: June 25, 2021
These Terms of Service (together with the rest of our Agreement) govern our relationship with you.
- the duration of our Agreement;
- fees to be paid to NETBOX Solutions;
- when NETBOX Solutions is authorised to monitor communications and content;
- the appropriate and reasonable measures NETBOX Solutions takes to protect the security of your data and our systems;
- when NETBOX Solutions is authorised to suspend or terminate your services; and the process followed when resolving disputes.
Summary of our Agreement
Commencement: The Agreement will start when NETBOX Solutions provides you with a username and password.
Acceptance of electronic invoicing: By placing an order through our website, you agree to accept electronic invoices from NETBOX Solutions for the purpose of claiming input tax.
Changing of service: We may change the features or functionality of any Service over time.
Acceptable Use Policy: You must read and comply with the Acceptable Use Policy that relates to your use of our Services.
Restriction of access to services: If you breach our Agreement, NETBOX Solutions may restrict your access to the Services.
Intellectual property rights: You accept that you will get no rights to our intellectual property on our systems.
Your Content: You will retain all your intellectual property rights to any of your content you host with us.
NETBOX Solutions’s liability to you is limited. This means that we will not be liable to you for any damages or loss that you may suffer as a result of the fulfilment of the obligations under our Agreement.
Governing law: South African law governs our Agreement.
Addresses for service: We will use the address you give us as the address to serve legal notices and documents to you.
Specific Terms: Our Specific Terms go into more detail and address specific issues around our products and are an extension of our Terms of Service. The Specific Terms will apply if there is any conflict of meaning with these Terms of Service. Read the full text of Our Specific Terms
Terms of Service
(Last updated: March 2021)
NETBOX Solutions is a leading South African web hosting service provider that provides a range of web hosting Services to its Customers. The Services are given subject to our Agreement.
We have given the meanings of some words to be consistent. These words usually begin with a capital letter. Singular words include the plural (and vice versa):
AFSA The Arbitration Foundation of Southern Africa (or any replacement).
Controller The person or organisation who determines the purpose and means of processing data.
Customer Is any person identified on the application form for Services or in any addendum;
Customer Data Any username, password or email address we give the Customer as part of the Services. This excludes Customer Domains we manage as part of the Services;
Data Protection Laws All data protection and privacy laws and regulations applicable to the
processing of Personal Data under our Agreement, including:
the Protection of Personal Information Act 2013 (POPIA) in South Africa (effective from 1 July 2021);
Regulation (EU) 2016/679 (‘General Data Protection Regulation’ or ’GDPR’);
while it remains in force, the Privacy and Electronic Communications Directive 2002/58/EC on Privacy and Electronic Communications (also known as the ePrivacy Directive or ePD);
any other applicable laws and regulations relating to the processing of Personal Data and privacy; and
if applicable, the guidance and codes of practice issued by any relevant data protection commissioner or supervisory authority.
Terms of Service These general terms of service governing us providing Services to you
Personal Data Any information about an identified or identifiable natural person (‘Data Subject’) which is processed in terms of any applicable Data Protection Law.
Process or processing Any operation which is performed on Personal Data including collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Processor A processor is a person or organisation who processes personal data on behalf of a Controller.
Specific Terms The terms and conditions which supplement the Terms of Service and govern the use of individual Services.
Sub-processor Any Processor we use to assist us in fulfilling our
obligations in providing the Services.
you or your The Customer, including a legal entity (such as a company), who enters into an Agreement with NETBOX Solutions.
3. Our Agreement
Our Agreement governs the contractual relationship between us.
Unless expressly provided to the contrary in our Agreement, if there is a conflict in meaning, the following precedence ranking will apply (from highest to lowest):
the Specific Terms;
these Terms of Service;
the Acceptable Use Policy;
other policies that may be introduced by us from time to time which we notify you of;
any documents incorporated by reference in our Agreement.
4. Amendment to our Agreement
NETBOX Solutions reserves the right to make changes to the Agreement at any time without notice. An updated version of the Agreement will be posted on the website.
It is your responsibility as a diligent user to check any amendment posted on the website.
If you object to any amendment, you may terminate your relationship with us under clause 14.
5. Customer Status
The Customer may be an incorporated entity (such as a company or close corporation), trust, partnership, or individual.
If a person enters into our Agreement:
in a representative capacity on behalf of a Customer who is an incorporated entity;
on behalf of an unincorporated entity; or
in any other representative capacity recognised in South African law, the person warrants that:- they are legally authorised to do so and indemnifies NETBOX Solutions against any loss or damage that we may sustain resulting from the person’s lack of authority; and- all the information supplied to NETBOX Solutions at any time relating to the entity, trust, partnership, association or other person who they represent is true, accurate, and complete.
We reserve the right to treat all misrepresentations by you or the person representing you as fraud. The person representing you indemnifies us against any loss or damage that we may sustain resulting from the person’s lack of authority.
If we discover that you have fraudulently contracted to receive Services or that your representative has contracted without contractual capacity to do so, we may end our Agreement or Services immediately without any further notice to you and you may not claim any restitution or refund of any amount you have already paid, regardless of whether you have used the Services or not.
When requested, you must give us sufficient proof of the authority of the person who takes any action or executes documents on your behalf for our Agreement. This includes providing proof that the authorised signatory of your bank account has permission to debit your account.
If there is a dispute between individuals or entities you are involved with (including partners, shareholders, trustees, employees), we may act on the representation of a person claiming to be duly authorised to represent you, without having to independently verify the authority.
You indemnify us from any action or inaction based on the representation in 5.6. If however we ask you to give NETBOX Solutions independent verification of the authority of any individual, you must provide it to us in a format we find reasonably acceptable.
6. Commencement and Duration
Your application is an offer by you to accept Services from NETBOX Solutions. The terms relating to the acceptance of the offer are as follows:- Although the website is configured to confirm receipt of any offer (“Confirmation”), technical or other problems may delay or prevent the Confirmation.
We will only have accepted your offer once you have received confirmation.
Although the website is configured to confirm receipt of any offer (“Confirmation”), technical or other problems may delay or prevent the Confirmation.
You must contact us if you do not receive Confirmation from us within a reasonable time period.
Confirmation will not mean that a transaction has been concluded. It merely confirms that we have received the application.
You can accept that we have sent confirmation to you as soon as this is reflected in our log files.
We will conclude the agreement in Durbanville, Western Cape, South Africa.
7. Service fees
You must pay all service fees, as soon as they become due.
You must pay the service fees, according to the frequency of payment you select, as described on the website.
Where applicable, we will give you a VAT invoice in electronic format. You agree that by submitting an application form to us when making application for Services, that the application is seen as your confirmation to accept electronic invoices for claiming input tax.
If you pay your service fees by debit order, you authorise us to make the necessary transfers from your designated bank account at the beginning of the month as per your preferred frequency of payment for the duration of our Agreement. You must put the debit order in place within seven days of the Commencement Date. A rejected debit order will accrue a handling fee, per rejection.
We reserve the right to amend or vary the service fees and any amendment or variation of the service fees will be seen as an amendment of our Agreement. If we amend the service fees, NETBOX Solutions will give you at least 30 days prior notice. If you object to any amended service fees, you may terminate your relationship with us under clause 14.
You will not withhold any payment of any amount you owe us for any reason, (except for an actual breach by NETBOX Solutions of our Agreement). In addition, you may not demand any discount, refund (other than under clause 7.8), or reduction in respect of any service fees you owe us.
The service fee includes Value Added Tax. You agree to pay any increase in Value Added Tax.
You may terminate the Service within:
seven days after the Commencement Date if you decide not to continue subscribing to the Service; or
within 30 days after the Commencement Date if we fail to meet the service levels for hosting services and email services as specified in the Specific Terms, provided that you exercise your right to end the agreement by giving us notice by email to billing@NETBOX Solutions.com.
If you terminate the Service for one of the above reasons, NETBOX Solutions will refund you any service fees. However you are still liable for any third party costs incurred during this period e.g. domain registration costs (please refer to clause 5 of the Specific Terms).
We monitor our hosting facilities, but not your specific activities. Where we have to intercept communications in accordance with the Regulation of Interception and Provision of Communication-Related Act, 70 of 2003 (“the Monitoring Act”), we will do this according to the requirements of the Monitoring Act.
With specific regard to the monitoring of content that is found on a website that belongs to you and which is hosted by NETBOX Solutions, we have no knowledge of, nor interest in, Customer content hosted by us on your behalf using the Services and further we do not in any way contribute to or approve the content.
If however we determine that any content is in violation of any law (including the Films and Publications Act 65 of 1996) or of the Acceptable Use Policy, or if we receive a takedown notice from ISPA, as contemplated in section 77 of the Electronic Communications and Transactions Act 25 of 2002, we may
ask you to remove, amend, or modify the content;
terminate access to any Services or suspend or terminate any Services without notice;
delete the offending content without notice;
notify the relevant authorities of the existence of any content, make any back-up, archive, or other copies of any content; or
take any further steps as required or requested by any authorities without notice.
We may disclose any content, material, or data (including any of your data) if:
required by law;
lawfully asked to do so by any authorities, including the South African Police Services pursuant to a subpoena under section 205 of the Criminal Procedure Act 51 of 1977; or
according to a judicial, administrative or governmental order. We do not have to give you notice.
You will have no recourse against us if we act under this clause and you accordingly waive your right to make any claim or demand, or to institute any legal proceedings against us.
All Customer Data allocated to you is personal to you and you will be liable for any loss or damage you or third parties have suffered because of your actions or the actions of a person to whom you have disclosed your Customer Data.
You authorise us to act on any instruction given by or purporting to originate from you even if it becomes clear that both parties have been defrauded by someone else, unless you have notified us under clause 9.4 before we acted on a fraudulent instruction.
If any security violations are reasonably believed to have occurred in connection with your account, we will investigate and, if necessary, change the relevant Customer Data, including access codes and passwords, and notify you immediately.
You must tell us immediately if any other person gains access to your Customer Data by following the procedures relating to reporting misuse https://NETBOX Solutions.co.za/legal/reporting-abuse/ and give us your full co-operation in any investigation we carry out.
You indemnify us (hold us harmless) against any claim arising from:
your disclosure of your Customer Data to a third person;
the use of the Customer Data by a third person; or
any resulting action by you or a third party.
We reserve the right to take any action we find necessary to preserve the security and reliable operation of our infrastructure. You may not do anything (or permit anything to be done) that will compromise our security.
We have systems in place to assist our critical technical infrastructure to recover from a natural or human induced disaster. However, we do not specify any recovery time and are not liable for any loss or damage you suffer as a result of a disaster. You must make backups of your data. Nothing contained in our Agreement will be seen as a representation that any back-ups of data we have implemented will be successful or in any way will assist with disaster recovery.
We warrant that NETBOX Solutions has the facilities, infrastructure, capacity, and capability to provide the Services.
Despite this warranty, the Services are provided “as is” and “as available”. No warranty of any kind is given, whether express or implied, including warranties of merchantability, title, or non-infringement, except where such a warranty is specifically required by law.
11. Intellectual Property Rights
You must comply with all laws that apply to any intellectual property.
You must get our prior written approval before using any of our marks.
You grant us non-exclusive licence to use your marks so that we may exercise our rights or fulfil our obligations under our Agreement.
Other than as specifically provided for in our Agreement, we retain all Intellectual Property Rights employed in or otherwise related to our network infrastructure, business and the provision of any of the Services under our Agreement.
12. Customer Indemnities
You indemnify (hold us harmless) from any liability arising from civil or criminal proceedings instituted against us or for any loss or damage you or a third party have suffered because of any interruption or unavailability of the Services.
You indemnify us and hold us harmless against all losses you have suffered or actions against us as a result of:
the use of the Services, or any downtime, outage, degradation of the network, interruption in or unavailability of the Services. This includes software or hardware service, repairs, maintenance, upgrades, modification, alterations, replacement or relocation of premises affecting the Services,
non-performance or unavailability of any of the services given by an electronic communications network or service provider, including, line failure, or in any international services or remote mail Servers,
non-performance or unavailability of external communications networks to which you or our network infrastructure is connected, and
repairs, maintenance, upgrades, modifications, alterations or replacement of any hardware forming part of the Services, or any faults or defects in the hardware.
If we are sued for something that you have indemnified us for, you will take our place in the lawsuit or be liable to pay us back for any costs, damages and expenses including attorneys’ fees on the attorney and own client scale (you will be liable to pay our attorney’s fees finally awarded against us by a court or agreed to in a written settlement agreement, provided that:
we notify you in writing as soon as we become aware of the indemnified claim so you can take steps to contest it;
you may assume sole control of the defence of the claim or related settlement negotiations; and
we will give you, at your expense, with the assistance, information, and authority necessary to enable you to perform your obligations under this clause.
You must pay us any amount due under clause 12.3 as soon as we demand payment. If you contest the amount, you must pay the amount into your attorney’s trust or give us security to cover the amount, until we have resolved the dispute.
You indemnify us against any claim, loss or damage that NETBOX Solutions may suffer because of your actions.
13. Suspension of the Services
NETBOX Solutions may temporarily suspend its Service to repair, maintain, upgrade, modify, replace or improve any of its Services. Where circumstances permit, NETBOX Solutions will provide prior notice of any service suspension to Customers. However, NETBOX Solutions will not be held liable for any resulting loss or damage suffered as a result of the service suspension.
NETBOX Solutions may terminate any Services on five days written notice to you.
You may terminate any Services on 30 days written notice to NETBOX Solutions in one of these ways:
via the konsoleH control panel,
via email to billing@NETBOX Solutions.com from an authorised email address. We will confirm your request for termination via return email.
If you give NETBOX Solutions notice of termination in any manner other than as specified above you may find that the notice was invalidly given and will not have any effect.
Breach: If you breach our Agreement, we may, without prejudice to any other rights that NETBOX Solutions may have and without notice to you:
claim immediate payment of all outstanding charges due to us,
terminate or suspend your use of the Services, (which may include the deletion of your data)
terminate our relationship with you; or
list you with any credit bureau, Internet service provider list, or the South African Fraud Prevention Service.
By agreeing to our Terms of Service, you expressly consent to this.
In all instances, we may retain all Services Fees you have already paid and recover all of our costs associated, including legal costs on an attorney and own client scale (you will be liable to pay our attorneys fees) with your breach.
Return of hardware or software: Where you have in your possession any of NETBOX Solutions’s hardware or software as a result of using the Service and the related Service ends, you must immediately return the hardware or software to us.
15. Force Majeure
We will not be responsible for any breach of our Agreement caused by circumstances beyond our control, including fire, earthquake, flood, civil strike, compliance with government orders, failure of any supplier of electricity as well as no electronic communication service etc.
16. Resolving disputes
Any dispute concerning our Agreement (including interpretation and application) exists once a party notifies the other in writing, detailing the nature of the dispute and requesting that it be resolved as per this clause. The parties will first try to resolve the dispute informally by email, phone or other methods.
If informal dispute resolution negotiation fails, we may refer the dispute to conciliation (talks in which an agreed neutral third party tries to help the parties agree on how to end the dispute), failing which we may refer the dispute to arbitration (a hearing after which a neutral third party makes a binding decision about the dispute) (including any appeal against the arbitrator’s decision) under AFSA’s latest rules for expedited arbitrations and you must participate. You cannot make us arbitrate. The arbitration will be held in Cape Town and conducted in English. The parties will agree and appoint one arbitrator. If the parties cannot agree on the arbitrator within 10 business days after the referral, the Secretariat of AFSA will appoint the arbitrator.
Either party may only bring a claim against the other in their individual capacity and not as a member of any class.
17. Exclusion and Limitation of Liability
NETBOX Solutions will not be responsible for any indirect, incidental, special, or consequential damages or losses arising from our Agreement. This includes loss of profits, revenue, anticipated savings, business transactions, goodwill or other contracts. It is irrelevant if this is due to negligence (carelessness) or breach of contract.
Our total liability to you is for direct damages up to a maximum amount of:
three months of your base hosting fee; or
R2,500; whichever is less.
Our liability for direct damages under clause 17.2 will be excluded where we are held liable because of your use of any third party services or products which you accessed together with the Services, but which we did not provide to you.
This clause will apply even if you advised NETBOX Solutions of the possibility of loss of damage prior to its occurrence.
You must send all notices to NETBOX Solutions, whether for court process, notices or other documents or communications, at Belvedere Office Park, Unit F, Bella Rosa Street, Durbanville, 7550, South Africa, 0861-0861-09 (fax).
We may give all notices to you by email to the email address you provided to us on the application form when you first subscribed for the Services.
Any notice or communication required or permitted to be given under our Agreement will be valid and effective only if in writing.
All notices you sent to us which are:
sent by prepaid registered post will be deemed to have been received 14 days after date of postage,
delivered by hand and delivered during ordinary business hours at the physical address will be deemed to have been received on the day of delivery.
19. Data Processing
Roles of the parties under Data Protection Law
Depending on the particular activity, we act as both a Processor and a Controller.
We act as the Processor and you are the Controller of the Personal Data that we process on your behalf when we provide Services to you in terms of the Agreement. You are solely responsible for determining the purpose for which, and the manner in which Personal Data is processed. Please refer to our Data Processing Agreement for more information.
Entire agreement: The Agreement constitutes the entire agreement between the parties.
No Variation: No changes to our Agreement made by you are effective unless in writing and signed by the authorised signatories of both parties.
Waiver (giving up rights): Any favour we may allow you will not affect (or substitute) any of our rights against you.
Severability: If any term is void (invalid), unenforceable, or illegal, the term may be severed (removed) from and will not affect the rest of our Agreement if it does not change its purpose.
Applicable Law: South African law governs our Agreement.
Survival: Despite termination of our Agreement, any clause, which, from the context, contemplates on-going rights and obligations of the parties, will survive the termination and continue to be of full force and effect.