30 Day Money Back Guarantee

Please note that our 30 Day Money Back Guarantee excludes costs involved on plans offering Free Domain Name Registration. We will refund any amount paid, less relevant Domain Registration Fees. We do not offer a money back guarantee on Dial-up or ADSL Accounts. We would appreciate the courtesy of a reason from you when requesting a refund, in order for us to improve on our service or products, and we reserve the right to refuse a refund should such reason not be stated. We reserve the right to withhold any refund if we have reasonable grounds to believe that a user has used our services for the purposes of spamming or any other unlawful activity or for the purpose of obtaining free services. The purpose of our Money Back Guarantee is to accommodate legitimate users with the intent of using our services or products, but have found that it is not suitable for their requirements. It is not meant for spammers to have free access to our mail servers or for free internet access. We further reserve the right to withhold any refund and to uphold our rights in terms of the required notice period as mentioned in paragraph 4 below if we have reasonable grounds to believe that any abuse of our servers or services or any contravention of our Terms of Service or Acceptable Use Policy has occurred.

Free Domain Name

Free Domain Name Registration is available on all Hosting and Reseller Plans which include this offer and is subject to the plan being hosted for a minimum period of three months from the date of registration, or three months from date of domain renewal or transfer.

Free Domains are restricted to domain extensions specified by WebFirms EZServe interNet. In the event of cancellations before the end of any three month period, the free domain name offer is no longer valid and the client or reseller will be billed for the domain registration, transfer or renewal at the rate of no less than R99.95 per (free) domain registered or transferred on behalf of the client or reseller.  All free domains are registered in our name and remains the property of WebFirms EZServe interNet until paid for in full. Should you wish to have your domain registered in your own name, you need to purchase the domain from us at the normal rate of R99.95, and you will also be responsible for the annual renewal fees at R99.95pa - i.e. the domain is no longer free, but is your property.

Ordering and Order Form

Completion of our Online Order Form or requesting any product or service by e-mail, phone, fax, sms or letter constitutes a legal request from you to proceed with the setting up of an account and your agreement to fulfill your payment commitments according to the service requested. Any waiver or concession from WebFirms regarding our Confirmation or Ordering Procedure will in no way infringe on our rights to collect any expenses incurred on behalf of a client.

Account Set-Up Fees

WebFirms interNet waives all set-up fees on certain plans where Free Set-up is indicated, on condition that the Hosting or Reseller Plan for which the fee is waived is hosted for a minimum period of twelve months and that the account is not in arrears. In the event of cancellations before the end of any twelve month period, or when an account is handed over for collection due to non-payment or arrears, the waiver is no longer valid and WebFirms interNet reserves the right at its own discretion to bill the client for the account set-up fee equivalent to one months hosting fee applicable to that hosting or reseller plan, over and above any domain registration, transfer or admin fees, IP assignment and set-up fees and any other extras or additional services, and any interest or legal charges resulting from arrear or handed over accounts. We further reserve the right, at our own discretion, to charge "Clean-up" Fees as a result of negligent or malicious use of any of our services, or where the use of our services by any client causes disruption or damage, whether intended or not, directly or indirectly, to our servers or our services to other clients, or to our control panel or other software. Such Clean-up Fees will range from the equivalent of one month's hosting fees or more, depending on the nature of the damage. 

ITC Credit Check

WebFirms interNet reserves the right to perform ITC credit checks on any new or existing client and further to report any payment performance to ITC. In layman's terms, by clicking on the Submit button on the Online Order Form, you agree to a credit check being performed on you by WebFirms / EZserve interNet at any time, present or future.

Terminations & Suspensions

Cancellations and account terminations are subject to no less than 30 Days Notice, and must be e-mailed to accounts@webfirms.net. Please ensure that you receive confirmation from our accounts department, as the notice period will begin upon our receipt of such notice. New clients or "Free Trial" Clients will have their services suspended at our discretion if no payment is received or suitable alternative arrangements have not been made within 48 hours of account set-up. Any client utilising our services for more than 72 hours without requesting termination by e-mail will be considered a bone fide user with the intention of continuing the utilisation of our services and will be liable for fees in accordance with the hosting or reseller plan ordered, and as such will be liable for the 30 day notice period as above. WebFirms reserves the right to deny domain transfers until such time as any outstanding amounts due are settled in full, or appropriate arrangements have been made. This includes transfers of domains on resold accounts. Suspended accounts are still liable for all hosting fees even during the suspension period, as your domain and/or web site still utilizes space and resources on our servers. WebFirms reserves the right to list your details with all South African Credit Bureaus in the event of any judgments or adverse findings being obtained by our attorneys as a result of handing over your account for collection due to your payment performance. 

Debit Orders

By clicking on the Submit Order or Proceed button on our Order Form you legally acknowledge that you request and authorise WebFirms interNet to draw against your bank account or credit card with the bank specified on the order form (or any other bank or branch to which you may transfer your account) the hosting or service fees or any variable amount pertaining to this agreement, on the first working day of each and every month. This being the amount necessary for the payment of the monthly payment or premium due to WebFirms in respect of your web hosting agreement. All such withdrawals from your bank account by WebFirms interNet shall be treated as though they had been signed by you personally. You further agree that you instruct and authorize WebFirms’ agent Netcash (Pty) Ltd, to draw against your account with the specified bank, and that you understand that the withdrawals authorized here will be processed by BankServ and you also understand that the details of each withdrawal will be printed on your bank statement. You agree to pay any bank charges relating to this debit order instruction, including charges for returned debits and related administrative fees. This authority may be cancelled by means of giving thirty days notice in writing, sent by prepaid registered post, but you understand that you shall not be entitled to any refund of amounts which have withdrawn whilst this authority was in force if such amounts were legally owing to WebFirms interNet. Assignment: You acknowledge that the party hereby authorized to effect the drawing(s) against your account may cede or assign any of its rights to Netcash (Pty) Ltd and that WebFirms inteNet may not delegate any of their obligations in terms of this contract/authority to any third party without prior written consent of the authorized party. You hereby confirm that you have read and agree with the above terms and conditions and that your electronic signature which is translated as the depression of the Submit Order or Proceed button on our online Order Form and the recording of your machine's IP address and time stamp, confirms your agreement to the terms and conditions.

Reseller Debit Order Collections

WebFirms / EZServe interNet offers Resellers the facility to debit their clients banking accounts or credit cards via Netcash (Pty) Ltd, subject to the conditions listed above, and conditions listed on the mandate / debit order authorisation form. Resellers clients will only be debited for internet or hosting products or services offered by WebFirms / EZServe interNet to Resellers which are then resold to the Resellers Clients. WebFirms / EZServe interNet will levy a charge for this collection service.

WebFirms / EZserve interNet will not debit Resellers Clients without express instruction from the Reseller on a monthly basis. Payout of debit orders to Resellers will normally be at the rate of 70% of the batch amount within 7 (seven) business days from the transaction date, and the 30% retainer within 30 (thirty) business days. WebFirms / EZServe interNet reserves the right to offset any amounts due to Resellers from such debit order collections against said Resellers invoices, current, arrears or future, at its own discretion. WebFirms / EZServe interNet will not be held liable for any inconvenience experienced as a result of delayed payment to Resellers, however WebFirms / EZServe interNet will attempt to pay out within the time periods stipulated above, however does not guarantee this time frame under any circumstances.

Acceptable Use

WebFirms interNet reserves the right to terminate any account without notice or refund in the event of a breach of the Acceptable Use and Internet Protocol Policy or Netiquette as laid out by the South African Internet Exchange and/or ICANN and/or the internet community at large and/or WebFirms Terms and Conditions at its own discretion. The onus is on the account holder be familiar with the general internet acceptable policy. Certain aspects of the general policy may be viewed at SAIX and ICANN respective websites, http://www.saix.co.za/cgi-bin/saix_use.pl and http://icann.org and any other governing body controlling internet domain names and numbers, including access service providers.

Undesirable Content

The following content is strictly prohibited on all WebFirms Servers: pornography or high-traffic adult entertainment, links to pornography or adult entertainment, material considered illegal by any South African or Unites States Federal legislation, unauthorized copyrighted material, pirated software, hackers programs, archives or related material, illegal MP3's, own CGI chatrooms, IRC or IRC bots, proxy servers, any unauthorised gaming server software, Ultimate BBS, Ikonboard, IRC Egg Drops, nph-proxy, the Anonymizer, any soap mailers, or any content deemed unsuitable by international internet standards or by WebFirms interNet in its sole discretion or any content or operation causing unfair consumption of bandwidth. No IRC servers under any circumstances. You may not run any modern graphical game server like halflife, quake[1,2,3], etc. Also no CPU heavy process like Seti or Folding@Home. Nothing such as Kazza or Edonkey may be used due to the high bandwidth requirements. You certainly may not distribute worms, trojans, or viruses, or commit or attempt to commit any denial of service attack against any computer, network, or individual. You may not access, or attempt to access a computer or network resource that you are not authorised to access. We will not tolerate any content relating to hate, abuse, racism, sexism, intolerance or any topic which may be considered offensive to our users or clients or society at large or to WebFirms interNet in its sole discretion.

Illegal or Fraudulent Content, Hackers, Phishing or any other illegal or fraudulent content or misleading information will be prosecuted to the full extent of the law.

Offenders will be terminated without notice or refund. WebFirms interNet will not be held liable for any material or content used by any account holder and will gladly hand over an offenders account details, personal records and server logs to the SAPS, FBI or InterPol for prosecution purposes if requested.

Adult Content

Acceptable, LEGAL adult content may be hosted on the separate Unix or Windows servers provided for these services, but may not link, point, forward or even have URL or e-mail redirection to or from any of our normal servers. If you are unsure of the term "acceptable" or "legal" feel free to contact us to have this clarified before uploading it. If you plan on hosting adult content, please ensure that we are informed in the "Additional Comments" Section when you complete your Order Form so that you are hosted on the correct server. Adult sites can consume extremely high volumes of bandwidth and your site will be automatically suspended if you are hosted on the wrong server. We do not monitor and will not be held responsible for content and copyright violations. Child pornography, bestiality or extreme fetish etc will not be tolerated and offenders will have their accounts terminated without notice or refund and will immediately be reported to the relevant police authorities if any such offences are brought to our attention. Bandwidth exceeders will also be billed for overage on unfair bandwidth consumption at the rate of R100.00 per 1GB or part thereof.

Spamming, Mailing and Bulk Advertising

The sending of SPAM, bulk mail or unsolicited mail from any e-mail address hosted or operated on a WebFirms server is prohibited. E-mail or usenet spam which points to any domain hosted on any WebFirms Server will result in immediate suspension without notice or refund. Accepting spam or junk mail in large quantities is also prohibited, even from our high traffic servers. Please report incidents to abuse@webfirms.net 

Indemnity
By agreeing to our Terms and Conditions you agree to indemnify and hold WebFirms interNet, SMD KZN (Self Managed Domains Kwa-Zulu Natal) and its affiliates, agents, representatives, employees and clients harmless from any claim or demand, including any attorney or legal fees, or any claim made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of our Terms and Conditions or SAIX Acceptable Use Policy, or any other internet protocol or policy, or your violation of any rights of another internet user or person or company or ISP, or any other action whatsoever.

Support

Although every effort is undertaken to ensure 99.5% uptime, WebFirms interNet accepts no responsibility whatsoever for any downtime or loss of data experienced by any client or resold account due the malfunctioning of third party control panel software or server management software, server hardware failure, power failure, connectivity failure or any other cause whatsoever. Daily, weekly and monthly back-ups are performed but is not a guarantee against the loss of data under any circumstances.

WebFirms Windows Servers are controlled by Helm™ and our Unix Servers by Cpanel™. We will provide unlimited free support regarding any Helm™ panel issues, but do not accept responsibility for delays due to issues which have to be tended to by the software supplier.

CPanel™: WebFirms will perform the initial installation and test of the CPanel™ software for any server or plan ordered with such. If a managed server or hosting or reseller plan or resold account includes CPanel™, WebFirms will support, free of charge, CPanel™ related problems and issues. This includes, but is not limited to, support of basic CPanel™ functions (ie: adding/removing accounts, dns functions, backup management, etc…) and limited support of CPanel™-installed 3rd party software (ie: proftpd, pureftpd, mailman, agora). WebFirms will not provide support regarding CPanel™, or any of its’ 3rd party software inclusions, regarding issues of software bugs or failure, and such issues will be brought to the attention of the software vendors directly for support, and WebFirms will have no option other than to wait for the developers to fix bugs or problems. All clients, resellers and resold accounts have the option to include CPanel™ software on their accounts or not. CPanel™ software comes standard with all WebFirms Unix plans.

WebFirms interNet will attempt to respond to all queries within a reasonable time frame, usually within an hour or two, but we do not guarantee a time frame for the resolution of any query due the reasons indicated above.

Limitation of Liability

You expressly understand and agree that WebFirms interNet shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if WebFirms interNet has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

WebFirms interNet is in no way responsible for down time either resulting from a users actions, or natural fluctuations in internet consistency. WebFirms interNet will however, do everything within it's power to assure that each and every client site is up as consistently as possible.

Warranties

WebFirms makes no warranties or representations of any kind, whether express or implied as to the service it is providing. WebFirms also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the Applicant, including loss of data resulting from delays, non-deliveries or service interruptions or from any cause whatsoever, or errors or omissions on the part of a Client, or any user of our services. Use of any information obtained through WebFirms is at the Client or users own risk, and WebFirms specifically denies any responsibility for the accuracy or quality of information obtained through its services. All Products and Services are provided as is with no warranties whatsoever. 

Domicilium

The client chooses as their domicilium citandi et executandi ("the domicilium") for the purposes of the giving of any notice, the service of any process or for any other purpose arising from this agreement, the address stipulated on the online order form. WebFirms interNet chooses domicilium at: Bella Vista, Tulbagh, 6820, Western Cape, Republic of South Africa.

Acknowledgement

By clicking on the Submit Order or Proceed button on our Order Form you legally acknowledge that you have read, understood and agree with the above terms and conditions and that your electronic signature which is translated as the depression of the Submit Order or Proceed button and the sending of your machine's IP address, confirms your agreement to the terms and conditions above.