VonDesign agrees to provide the services stated for the price agreed at any given time. VonDesign reserves the right to add, amend or terminate products and services if it is in the best interest of the company.
All customers are responsible for monitoring their storage space and bandwidth transfer each month. Customers who go over the limit of their account will be sent an email with the option to either upgrade their account or reduce store and or storage. If customers continue to go over we will do everything possible to fix the problem. We do hold the right to ban accounts for continuous problems. If customers sign up for an account and cancel it within the first month they will still be charged for the full first month.
Regular basis to ensure their security and orderliness
Renewal notices are emailed five (5) days before the actual renew date in your account. If you use a credit card you do not need to concern about manual payments, settling your service fee once will create a recurring subscription. All accounts are set up on a pre-pay basis. If payment is not received within 7 days a 10 % fee will be added. VonDesign reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of email notice or exceeding this time frame in any way is subject to suspension. YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notify VonDesign to request for termination of services. We are based in Durban, South Africa and our primary website currency is ZAR. YOUR particular billing cycle corresponds to the contract length that was initially chosen at setup. YOUR account will automatically renew at this length unless cancelled 30 days prior to the end of your billing cycle. There is no fee for cancelled accounts that have been paid for yearly. If you cancel an account on the monthly billing cycle VonDesign cannot refund any payments made before.
Credits on your account cannot be refunded.
Annual payments cannot be refunded. We can only refund annual payments if you submit a cancellation request within 30 days of signing up for a new service.
SSL Certificates, Domain Registration, Domain Transfer and Domain Renewal Fees are non-refundable. Transaction fees on payments are non-refundable. The only time your annual plan will end is if your account does not comply with our terms of service/acceptable usage policy. Both monthly and annual payments are non-refundable if your account does not follow our terms of service/acceptable usage policy. Positive credit balances can only be applied towards outstanding service orders generated on our system. If you signed up for a service which is no longer offered OR in the event of a service fee / service specification misprint you will be refunded in full. Accounts not settled within 30 days after they are due will be removed from the system.
All Registrants and Resellers must comply with the Published Policies and Procedures of the ZA Central Registry
Failure to comply with the Central Registry's Policies and Procedures can lead to the termination of your account.
WHOIS contact information must at all times reflect the correct owner's information, not the ISP's information.
YOU agree to pay VonDesign prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the VonDesign price schedule for the initial registration of the domain name and, should YOU choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if YOUR domain name registration is suspended, cancelled or transferred prior to the end of YOUR then current registration term. VonDesign reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from VonDesign to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by VonDesign) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to VonDesign as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. VonDesign will reinstate YOUR domain name registration solely at VonDesign discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
VonDesign cannot guarantee that any domain name registration will be successful as different Registries may impose restrictions on your selected name, for instance in the case of Premium Domain Names. Your payment will be refunded in full in such a case.
YOU agree to pay VonDesign prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the VonDesign price schedule for the initial transfer request of the domain name. YOU agree and acknowledge that the domain name transfer will fail, and all fees are non-refundable, for the following reasons, but not limited to:
- No response from the Registered Name Holder or Administrative Contact
- Domain name in Registrar Lock Status
- Any outstanding invoice/s towards your domain registration / renewal that have not yet been settled.
- Domain name registration period time expires or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
VonDesign reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from VonDesign to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by VonDesign) in connection with the payments of the registration fee for YOUR domain name registration, YOU agree and acknowledge that the domain name registration shall be transferred to VonDesign as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. VonDesign will reinstate YOUR domain name registration solely at VonDesign discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
VonDesign reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:
- No response from the Registered Name Holder or Administrative Contact
- Domain name in Registrar Lock Status and there is no request from Registered Name Holder or Administrative Contact for the status change
- Transferring your domain name away from VonDesign to a new Registrar will NOT cancel your Hosting Service linked to your domain name. Please submit a Hosting Cancellation Request via My Account on our website.
- Domain name registration period time will be expiring in less than 60 days or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
YOU agree and acknowledge that the failure or success of a domain name transfer will be his/her sole responsibility, and VonDesign will not be held liable for the failure of a domain name transfer for any reason.
Domain registrations are non-refundable. Please do not purchase the domain name until you are certain that it is exactly what you would like to buy.
Any attempt to undermine or cause harm to a server or customer of VonDesign is strictly prohibited.
VonDesign will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password theft, security hole scanning, etc.
Any unauthorised use of accounts or computers by YOU, whether or not the attacked account or computer belongs to VonDesign, will result in action against YOU. Possible actions include warnings, account suspension or cancelation, as well as civil or criminal legal action, depending on the seriousness of the attack.
IMPORTANT NOTE - VonDesign has the right to discontinue service or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.
YOU may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, upload scripts (Rappidleach), pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by VonDesign to be unacceptable use of our services including abuse of server resources.
WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS - All web applications that are out-of-date and actively being exploited will be shut down immediately without prior notice. YOU are responsible for and should evaluate YOUR web-based applications and scripts on a regular basis to ensure their security and that they make use of the latest software versions as stipulated by the vendor.
Shared hosting accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
VonDesign will be the sole arbiter as to what constitutes a violation of this provision. You are responsible for monitoring your disk space usage. If you need extra disk space contact one of our staff and they will be happy to assist. You can also upgrade your hosting plan from inside your VonDesign client account.
The intention of VonDesign is to provide a large bandwidth to transfer web documents, and not an offsite storage area for electronic files. If YOU violate this condition, YOU will be notified and given 48 hours to remedy the problem. Failure to do so will result in YOU being billed for the overages.
Traffic will go unmonitored until YOU reach the amount of quota allocated to YOUR specific PLAN. VonDesign will be the sole arbiter as to what constitutes a violation of this provision.
Customers agree to use our services under the Acceptable Usage Policy which is here by incorporated with this agreement. Customers agree that VonDesign hold the right to change their AUP at any time to meet web hosting standards and laws. Amendments to the AUP are effective as soon as VonDesign has sent a notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with VonDesign reasonable investigation of any suspected violation of the AUP. In the event of a dispute between VonDesign and Customer regarding the interpretation of the AUP, VonDesign commercially reasonable interpretation of the AUP shall govern.
Customer represents and warrants to VonDesign that the information he, she or it has provided and will provide to VonDesign for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to VonDesign that he/she is at least 18 years of age. VonDesign may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customers account until Customer has provided a written notice changing the Primary Customer Contract
Unsolicited commercial advertisements ("SPAM") are not allowed in email, and will likely result in account cancellation. VonDesign takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, YOUR account may be deleted.
The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers - any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing"); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most email mailing lists. Inappropriate posting may result in account cancellation. See the newsgroup or mailing lists charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving email, YOU must not send that person any further messages.
NOTE - If YOU use the services of another provider to promote a website hosted by or through VonDesign ("spamvertising"), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.
VonDesign does not warrant or represent that the services will be uninterrupted, error free, or completely secure. To the extent permitted by applicable law VonDesign disclaims any and all warranties including the implied warranties or merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law all services are provided on an "As Is" basis.
Neither party shall be liable to the other for any lost profits or any indirect, special incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.
Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of VonDesign and any of its employees, agents or affiliates, under any theory of the law (including breach of contract, tort, strict liability and infringement) shall be a payment of money not to exceed the amount payable by customer for the three months service.
Customer agrees that VonDesign may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer's customers or end users that VonDesign believes violate the applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
Customer agrees to maintain a current copy of all content hosted by VonDesign not withstanding any agreement by VonDesign to provide back-up services.
Clients can restore their Active Hosting Services using our backup restore tools located in cPanel. This service is provided free of charge and limited to only the restore dates available on the system.
Upgrades and other changes in VonDesign's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer's hosted content and/or applications. VonDesign reserves the right to change its network in its commercially reasonable discretion, and VonDesign shall not be liable for any resulting harm to Customer.
Notices to VonDesign under the Agreement shall be given via electronic mail to the email address posted for customer support. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.
VonDesign shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond VonDesign's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
The Agreement shall be governed by the laws of the Republic of South Africa, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods.
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trade mark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer's purchase order or other business forms are not binding on VonDesign unless they are expressly incorporated into a formal written agreement signed by both parties. A party's failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party's rights with respect to that provision or any other provision of the Agreement. A party's waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without VonDesign's prior written consent. VonDesign's approval for assignment is contingent on the assignee meeting VonDesign's credit approval criteria. VonDesign may assign the Agreement in whole or in part. This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.
Customers must acknowledge that the amount of the services bought is based on customer's agreement to pay the fee for the initial term or renewal term and is nonrefundable on cancellation.
If you have a service which is no longer used, it is required to cancel it prior to the generating of the next service invoice, using our online cancellation form, 14 days (2 weeks) in advance.
Services cancelled after the automatic renewal are not eligible for refunds or credits. Please be aware, we do not accept cancellations by Email or Telephone. Cancellations must be submitted via our website for security purposes.
VonDesign reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by VonDesign if we institute our right of cancellation. Any violation of policies which results in extra costs billed to YOU.
Customer agrees that VonDesign may suspend services to Customer without notice and without liability if: (i) VonDesign reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) VonDesign reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay VonDesign reasonable reinstatement fee if the service was suspended under this subsection.
The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if VonDesign fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail. The Agreement may be terminated by VonDesign prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon five (5) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from VonDesign describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer's Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) day’s notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
If you break our terms of service/acceptable usage policy we hold the right to cancel any services. We will never cancel any services without trying our best to resolve the problem with you. However in extreme cases such as an account containing child pornography we hold the right to cancel services without any prior warning. We do not refund any accounts breaking our terms of service/acceptable usage policy. For example if we cancel your hosting account during your first month for breaching copyright, we will not refund you for the first month. This is to prevent people signing up for our services with the intention of breaching our terms.
Material accessible to you through VonDesign's services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use VonDesign or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the VonDesign network. If YOU use a domain name in connection with VonDesign or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Customers may not use the VonDesign network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for YOU, logging into a server or account YOU are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. VonDesign will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
VonDesign shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by VonDesign. VonDesign reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
VonDesign reserves the right to refuse service to anyone. YOU may only use VonDesign server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the Republic of South Africa, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: "Pirated Warez", OGG, AVI, MPEG, ISO, "Hacker programs or archives", "Copyrighted Digital Movie Copies (DIVX)" and "Unlicensed MP3". The designation of any materials as such described above is left entirely to the discretion of VonDesign management.
If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that VonDesign may disclose any and all YOUR information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification.
Regardless of the place of signing this agreement, YOU agree that for purposes of venue this contract is entered in Cape Town, South Africa, and any dispute will be litigated or arbitrated in Durban, South Africa. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Durban courts.
VonDesign follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.