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Terms and Conditions

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.

 
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