Service Agreement
This Service Agreement (the 'Agreement') governs the terms of the use
by the Client of services offered by Milcheff Computers and Electronics
(Pty.) LTD Trading as "Milcheff.com" ('Provider').
The Client agrees to the following terms and conditions:
Payment for Services
The price of hosting and designing services is determined by many factors
and may vary from client to client. The price agreed upon by the Provider
and the Client, will appear on the Hosting/Designing Contract and in the case
of any changes a new contract will be issued.
Provider will issue invoices by electronic mail. Client residing in South
Africa will pay Value Added Tax which is included in published prices.
If residing in South Africa, Client will pay for services provided under this
Agreement by direct deposit or electronic transfer of funds. If residing outside
of South Africa, Client will pay for services provided under this Agreement
by electronic transfer of funds.
When initiating service, Client will be invoiced the published setup fee agreed
upon in the contract. The invoice must be settled within 7 days of the date
the invoice was issued.
Term
This Agreement may be terminated by Client or Provider at any time. If Client
is in default under this Agreement (including non-payment), then the Provider
may immediately terminate the Agreement without prior notice to the Client.
Compliance with Law
Client will use the services offered by Provider in a manner consistent with
all applicable local, state and international laws and regulations.
Prohibition of Publication of Certain Material
Client shall not knowingly or unknowingly submit to Provider for publication
any of the following material (including pictures, links, or any other content):
(a) any material which violates or infringes any copyright, trademark, trade
secret, patent, statutory, common law or other proprietary rights of others;
(b) any material that is libelous or slanderous;
(c) any material which is or contains anything obscene or pornographic; or
(d) distribution lists to be used via unsolicited electronic mail or other
mass electronic mailings including but not limited to: mass-newsgroup postings,
SPAM and unsolicited e-mail sent from your server, or any other service on
the Internet, which contains your domain name or any other domain name on
our network
DISCLAIMER OF WARRANTIES PROVIDER'S SERVICE IS PROVIDED ON
AN 'AS IS, AS AVAILABLE' BASIS. PROVIDER SPECIFICALLY DISCLAIMS ANY OTHER
WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PROVIDER BE LIABLE FOR
ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF PROVIDER
HAS BEEN ADVISED BY CLIENT OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE.
IF PROVIDER'S SERVICE TO CLIENT IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON,
PROVIDER SHALL NOT BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF
SERVICE, BEYOND THE FEES PAID BY CLIENT TO PROVIDER FOR SERVICES, DURING THE
PERIOD OF DISRUPTION OF MALFUNCTION.
Limitation/Disclaimer of Liability
Provider is not liable for protection or privacy of electronic mail or other
information transferred through the Internet or any other network provider
or its customers may utilise.
Provider does not represent or warrant to Client that Client will receive
continual and uninterrupted service during the term of this Agreement. In
no event shall Provider be liable to Client for any damages resulting from
or related to any failure or delay of Provider to provide service under this
Agreement if such delays or failures are due to strikes, riots, fire, inclement
weather, acts of God, theft or vandalism or other causes beyond Provider's
control, as defined by standard practices in the industry. Such failure or
delay shall not constitute a default under this Agreement.
Indemnity
Client agrees to defend, indemnify and hold Provider harmless from and against
any and all claims, losses, liabilities and expenses (including attorneys'
fees) related to or arising out of the services provided by Provider to Client
under this Agreement, including without limitation claims made by third parties
(including customers of Client) related to any false advertising claims, liability
claims for products or services sold by Client, claims for patent, copyright
or trademark infringement, claims due to disruption or malfunction of services
provided hereunder, or for any content submitted by Client for publication
by Provider, but excluding those related to the negligence of Provider.
Relationship of the Parties
The parties intend that an independent contractor relationship will be created
by this contract, and that no partnership, joint venture or employee/employer
relationship is intended.
Waiver
Any party's failure to insist on compliance or enforcement of any provision
of this Agreement shall not affect its validity or enforceability or constitute
a waiver of future enforcement of that provision or of any other provision
of this Agreement.
Cancellation
Client should notify Provider about cancellation 72 hours in advance.
Payments must be made up to and until the cancellation date. In order
to stop service, Client must contact Milcheff.com by telephone and email.
|