Terms
description of goods and services
SOOPA Websites is a business in the Website & Design and Information Technology industry providing domain and hosted web solutions.
delivery policy
SOOPA Websites shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569.
payments
When purchasing a website design package and hosting plan from the SOOPA Websites store clients can make payment via credit card, debit card, by EFT bank transfer, SnapScan or any other payment service provided by PayFast into SOOPA Websites bank account.
Once the client has completed the initial website design and hosting plan payment they will enter into a subscription payment relationship with SOOPA Websites for the continued hosting of their website until cancelled.
For clients who choose the monthly hosting subscription plan SOOPA Websites will send the client a monthly recurring subscription payment request via PayFast. The initial payment request will be for the first month subscription fee plus one (1) additional month hosting fee which constitutes the last month of the hosting subscription plan being paid upfront in lieu of when the client decides in the future to cancel the hosting subscription plan with one (1) month’s written notice. Once the client has accepted the hosting subscription request and initiated the first payment SOOPA Websites will commence with the website design project. PayFast subscription payments are facilitated via credit and cheque/debit cards.
Clients who choose the annual hosting plan will receive twelve (12) month’s hosting for the price of eleven (11) months receiving one (1) month free. The annual hosting plan is an upfront payment. SOOPA Websites will send a PayFast payment request to the client for the annual hosting plan subscription after the client has completed payment for their website design order through the website. Annual hosting subscription client’s will receive a renewal request during the tenth (10th) month of the current hosting plan to confirm renewal or cancellation of their hosting subscription which must be received and confirmed by SOOPA Websites one (1) month before the expiry of the current annual hosting subscription.
Should the client choose to add the online store option to their website the setup and design fee is payable upfront to SOOPA Websites. SOOPA Websites e-commerce partner is ECWID who offer up to ten (10) products free with the online store option. The free ECWID online store option has basic store features and functions. Should the client require more than ten (10) products and more advanced store functions then the client will initiate their own subscription payments directly with ECWID according to the subscription plans offered by ECWID. The full details of all ECWID e-commerce subscription plans can be seen here.
Should any of the SOOPA Websites subscriptions alter or need to be amended for whatever reason we will notify you as such. All accounts are set up on a pre-pay basis. SOOPA Websites reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not renewed or brought current within the requested time stated via email notice or exceeding the time frame in any way is subject to suspension without notice. The client is responsible for all fees owed on the account from the time it was established to the time that the client notifies SOOPA Websites in writing to request termination of services. We are based in Jeffreys Bay, South Africa and our primary website currency is ZAR. The client’s particular billing cycle corresponds to the contract length that was initially chosen at setup. The client’s 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 notified within the prescribed notice period of one (1) month. SOOPA Websites does not refund any subscription payments.
card acquiring and security
Card transactions will be acquired securely for SOOPA Websites Ltd via PayFast (Pty) Ltd who are an approved payment gateway for all South African Acquiring Banks. PayFast uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on our website. Users may go to www.payfast.co.za to view their security certificate and security policy.
customer details separate from card details
Customer details will be stored by SOOPA Websites separately from card details which are entered by the client on PayFast’s secure site. For more detail on PayFast refer to www.payfast.co.za.
merchant outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
communications from the site
When we receive email, we use return email addresses to reply with the information requested. Such addresses are not used for any other purpose and are not shared with outside parties. When supplying contact information to Soopa Websites you can indicate your preference if you would like to be contacted to receive information and updates about our services by contacting us from our contact form on the Soopa Websites homepage and inform us that you choose not to receive any further notification emails from us or other information pertaining to Soopa Websites. Information you submit to us will not be used for this purpose unless you indicate this as your preference. When supplying contact information to Soopa Websites you can inform us of your preference regarding participating in the Soopa Websites newsletter. You will receive a confirmation email from us when placing an order on our site or paying through PayPal.
responsibility
SOOPA Websites takes responsibility for the sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods. Any issues experienced regarding the processing of your payment are referred to the payment processor PayFast (Pty) Ltd.
country of domicile
This website is governed by the laws of South Africa and SOOPA Websites chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, South Africa.
refund policy
The provision of services by SOOPA Websites is subject to availability. In cases of unavailability, SOOPA Websites will refund the client in full within 30 days.
Cash Deposits cannot be refunded and will be added as credit to your account. If you make a Cash Deposit error, consult directly with the bank where you made the Cash Deposit for a reversal.
Credits on your account cannot be refunded.
Any fees that are incurred for SSL Certificates, Domain Registration, Domain Transfer and Domain Renewal Fees are non-refundable. Transaction fees on payments are non-refundable. Your subscription plan will end if your account does not comply with our terms of service/acceptable usage policy. Website design and monthly and annual hosting fee payments are non-refundable. 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 the requested time that they are due will be removed from the system.
cancellation and early termination
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.
If you have a service which is no longer wanted or used, you are required to cancel it prior to the renewal of the next service, by means of notifying SOOPA Websites in writing at least one (1) month in advance before your next renewal date. The cancellation of the service will be deemed final when you receive a confirmation email reply from SOOPA Websites notifying you that your request has been received, processed and actioned accordingly within the time frame required.
Services cancelled before or after the automatic renewal are not eligible for refunds or credits. Please be aware, we do not accept cancellations by telephone or other forms of communication. Cancellations must be submitted via email to wow@soopawebsites.co.za. SOOPA Websites will reply via email to acknowledge and initiate cancellation of the client’s account, hosting subscription plan and deletion of the client’s website accordingly.
domain name registration
All Registrants and/or Resellers must comply with the Published Policies and Procedures of the ZA Central 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 SOOPA Websites prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the SOOPA Websites 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. SOOPA Websites 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 SOOPA Websites to the email address indicated in your order application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by SOOPA Websites) in connection with the payments of the registration fee for your domain name registration, which may also be included in various ‘all-in-one’ package plans offered by SOOPA Websites, you agree and acknowledge that the domain name registration shall be transferred to SOOPA Websites 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. SOOPA Websites will reinstate your domain name registration solely at SOOPA Websites discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
SOOPA Websites cannot guarantee that any domain name registration or renewal will be successful as different Registries may impose restrictions on your selected name, for instance in the case of premium domain names or domains not renewed in time.
Transfer domain registrar to SOOPA Websites
You agree to pay SOOPA Websites prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the SOOPA Websites 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
SOOPA Websites 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, or your subscription plan payment which includes the domain fee, and have confirmed your registration in an email from SOOPA Websites 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 SOOPA Websites) 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 SOOPA Websites 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. SOOPA Websites will reinstate your domain name registration solely at SOOPA Websites discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Transfer domain away from SOOPA Websites
SOOPA Websites 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 SOOPA Websites to a new Registrar will NOT cancel your website service plan linked to your domain name. Please submit a Cancellation Request as prescribed in the cancellation policy described in the terms on this page
– 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 SOOPA Websites 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.
server abuse
Any attempt to undermine or cause harm to a server or customer of SOOPA Websites is strictly prohibited.
SOOPA Websites will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorisation. 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 SOOPA Websites, 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 – SOOPA Websites 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 upon account termination 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 SOOPA Websites 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.
disk space abuse
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 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 and cancel after the first five (5) days they will still be charged for the full amount. SOOPA Websites 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 upgrade your hosting disk space by contacting SOOPA Websites to discuss.
bandwidth abuse
The intention of SOOPA Websites’ hosting provider 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. SOOPA Websites will be the sole arbiter as to what constitutes a violation of this provision.
aup
Customers agree to use our services under the Acceptable Usage Policy which is hereby incorporated with this agreement. Customers agree that SOOPA Websites’ hosting provider 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 SOOPA Websites’ hosting provider has sent a notice to SOOPA Websites 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 SOOPA Websites’ hosting provider’s reasonable investigation of any suspected violation of the AUP. In the event of a dispute between SOOPA Websites’ hosting provider’s and the customer regarding the interpretation of the AUP, SOOPA Websites’ hosting provider’s commercially reasonable interpretation of the AUP shall govern.
customer information
Customer represents and warrants to SOOPA Websites’ hosting provider that the information he, she or it has provided and will provide to SOOPA Websites for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to SOOPA Websites that he, she is at least 18 years of age. SOOPA Websites 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.
spam
Unsolicited commercial advertisements (“SPAM”) are not allowed in email, and will likely result in account cancelation. SOOPA Websites’ hosting provider 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 cancelation. 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 SOOPA Websites’ hosting provider (“spamvertising”), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.
annual average 99.9% uptime guarantee
- COVERAGE – This 99.9% annual average uptime guarantee applies to any Customer in good financial standing with SOOPA Websites at the time of a service outage.
- SERVICE LEVEL AGREEMENT (“SLA”) & SPECIFICATIONS – SOOPA Websites endeavours to have the content of your website available for http access by any party in the world 99.9% of the time. Network downtime (“unavailability”) is defined as 100% packet loss from SOOPA Websites to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via SOOPA Websites’ hosting provider’s online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the SOOPA Websites’ hosting provider’s NOC.
- SOOPA Websites’ hosting provider’s administrators will determine the end of the downtime by a trace route to your machine from outside the SOOPA Websites’ hosting provider’s network as well as reports from our monitoring agent (Pingdom.com)
- SHARED HOSTING CREDITS – In the event that your website is unavailable for less than 100%, SOOPA Websites’ hosting provider’s will credit the following month’s service fee as follows. Your credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 50% of the monthly service charge for the affected month.
- – 95% to 99.9% – Your account will be credited 10% of your monthly hosting fee
- – 90% to 94.9% – Your account will be credited 20% of your monthly hosting fee
- – 89.9% or below – Your account will be credited 50% of your monthly hosting fee
- Credit shall not be provided to you in the event that you have any outage resulting from:
- – scheduled maintenance as posted from time to time at SOOPA Websites’ hosting provider
- – your behaviour or the performance or failure of your equipment, facilities or applications
- – circumstances beyond SOOPA Websites’ hosting provider’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site.
- – You breaking any agreement policy in SOOPA Websites’ hosting provider’s “Terms & Conditions and AUP” causing a machine to fail as a result.
technical support boundaries
SOOPA Websites provides technical support for you that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and any other hosting and website design related issues within our ability.
Unlike many hosting companies, we do our best to help with any issues that may arise. However, under no circumstances is SOOPA Websites obligated to help you in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by you previously.
indemnification
Customer agrees to indemnify and hold harmless SOOPA Websites, SOOPA Websites’ affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorney fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the AUP by Customer or any person using Customer’s log on information, regardless of whether such person has been authorised to use the services by Customer.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SOOPA Websites AGAINST LIABILITIES ARISING OF:
- ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH SOOPA Websites’ SERVER
- ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY COPYRIGHT INFRINGEMENT AND
- ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM SOOPA Websites’ SERVER.
disclaimer of warranties
SOOPA Websites does not warrant or represent that the services will be uninterrupted, error free, or completely secure. To the extent permitted by applicable law SOOPA Websites 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.
limitation of damages
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 SOOPA Websites 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 of R500.00 for any service.
suspension of services / termination
Customer agrees that SOOPA Websites may suspend services to Customer without notice and without liability if: (i) SOOPA Websites 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) SOOPA Websites 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 SOOPA Websites 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 SOOPA Websites 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 (14) days of Customer’s written notice describing the failure in reasonable detail. The Agreement may be terminated by SOOPA Websites 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 (14) days of a written notice from SOOPA Websites 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 questionable child images 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 term for breaching copyright, we will not refund you for the first term. This is to prevent people signing up for our services with the intention of breaching our terms.
request for customer information
Customer agrees that SOOPA Websites 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 SOOPA Websites 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.
back up copy
Customer agrees to maintain a current copy of all relevant content hosted by SOOPA Websites not withstanding any agreement by SOOPA Websites to provide back-up services.
changes to network
Upgrades and other changes in SOOPA Websites’ 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. SOOPA Websites reserves the right to change its network in its commercially reasonable discretion, and SOOPA Websites shall not be liable for any resulting harm to Customer.
notices
Notices to SOOPA Websites 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.
force majored
SOOPA Websites shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond SOOPA Websites’ 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 organised labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
miscellaneous
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 SOOPA Websites 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 SOOPA Websites’ prior written consent. SOOPA Websites’ approval for assignment is contingent on the assignee meeting SOOPA Websites’ credit approval criteria. SOOPA Websites 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.
copyright files
All files stored on SOOPA Websites’ servers must be legally-owned and be accompanied with a valid license and/or copyright. This include and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within your account, the files will be subjected to deletion.
cancellation of service
SOOPA Websites reserves the right to cancel a service at any time if we institute our right of cancelation for the reasons described. All fees paid in advance of cancellation are not refundable by SOOPA Websites. Any violation of policies which results in extra costs will be billed to you.
promotions
SOOPA Websites may offer subsequent promotional rates or special offers, the terms of which may or may not be more favourable than the terms and conditions for your Services. Any such promotions or modifications shall not affect your obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.
We have various special promotions that include a domain name. The cost of this domain name is usually covered by the promotion payment. As a result of this our promotions are not refundable and are not covered by any money back guarantee.
intellectual property rights
Material accessible to you through SOOPA Websites’ 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 SOOPA Websites 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 SOOPA Websites network. If you use a domain name in connection with SOOPA Websites or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
network security
Customers may not use the SOOPA Websites 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 authorised to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organisation’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. SOOPA Websites 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.
ecommerce
You will be solely responsible for the development, operation and maintenance of your online store and products along with all content and materials appearing online or on your products, including without limitation:
- the accuracy and appropriateness of content and materials appearing within the store or related to your products,
- ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and
- ensuring that the content and materials appearing within the store or related to your products are not libellous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.
You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your website. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.
static & dynamic content caching
YOU expressly
- grant to SOOPA Websites a license to cache the entirety of your website, including content supplied by third parties, hosted by SOOPA Websites under this Agreement and
- agree that such caching is not an infringement of any of your intellectual property rights or any third party’s intellectual property rights.
ip address ownership
SOOPA Websites shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by SOOPA Websites. SOOPA Websites reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses
lawful purposes
SOOPA Websites reserves the right to refuse service to anyone. You may only use SOOPA Websites 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 authorisation, 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 SOOPA Websites management.
If illegal content or usage is found, the account will be suspended and/or terminated. You agree that SOOPA Websites 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 Pretoria, South Africa, and any dispute will be litigated or arbitrated in Pretoria, South Africa. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Pretoria courts. IN NO EVENT SHALL SOOPA Websites’ MAXIMUM LIABILITY EXCEED ONE THOUSAND (R1000.00) RAND.
variation
SOOPA Websites may, in its sole discretion, change this agreement or any part thereof at any time without notice.
company information
This website is run by SOOPA Websites, a sole-trading entity based in South Africa trading as SOOPA Websites.
soopa websites contact details
Ocean Gardens, 68 Seetuin Road, Wavecrest, Jeffreys Bay, Eastern Cape, South Africa
Postnet Suite 15, Private Bag X10, Jeffreys Bay, Eastern Cape, 6330
+27 81 72 333 11
wow@soopawebsites.co.za