Terms and Conditions

1. INTRODUCTION

1.1. By completing an online or physical registration form the subscriber will enter into an agreement with Imaginet. This agreement about the services that the subscriber will receive is governed by these Terms and Conditions.

1.2. Once the subscriber has paid the charges according to these Terms and Conditions, Imaginet will give the subscriber the relevant service.

1.3. These Terms and Conditions take precedence over any service provision agreement.

1.4. By agreeing to these Terms and Conditions, subscribers also agree to the Imaginet Acceptable Use Policy, Terms of Use and Privacy Policy (available on the Imaginet website).

2. DEFINITIONS

For this agreement:

2.1. "ADSL", also referred to as broadband, is a form of Internet that is always on and is faster than Dial-Up while still being affordable.

2.2. "Control Panel", also known as My[Dot], refers to the website located at http://my.imaginet.co.za.

2.3. "Charges" means the charges for any services that must be paid to Imaginet.

2.4. "Dial-Up" is the cheapest, most basic form of Internet. It can be used on any computer, but is slow and any phone calls used for Dial-Up Internet will be billed by Telkom.

2.5. "Domicilium", also referred to as domicilium citandi et executandi, is the address for service and delivery of documents. Documents delivered to this address will be considered received, even if they were never received by the subscriber.

2.6. "Domain name" means the name that a subscriber wants to give to his/her website. A subscriber can register almost any domain name as long as it hasn't already been registered by someone else.

2.7. "URL" refers to the website address. This starts with http://www and ends with an extension like .co.za, .com, .net, .info, .biz, and so on.

2.8. "Dusk2Dawn" is a service that Imaginet offers, where the subscriber's connection speed is shaped during the day (from 07:00 to 19:00) and unshaped at night (from 19:00 to 07:00).

2.9. "Hard-capped" means that when a subscriber's chosen bandwidth limit is reached, he/she will be cut off from using the Internet for the rest of the payment period.

2.10. “Home Uncapped” refers to an ADSL package which is not limited by bandwidth, but by connection speed. It differs from other Uncapped packages in that it becomes throttled at a lower threshold and is recommended for users with low bandwidth requirements.

2.11 "Hosting" is a service that Imaginet offers, where they set up virtual housing for a subscriber's website, somewhere to store all of the content that will be placed on it.

2.12. "Imaginet" means Alexandre Miller CC Trading as Imaginet.

2.13. "Imaginet website" refers to the website located at http://www.imaginet.co.za.

2.14. "Local Only" is a service that Imaginet offers, where the subscriber can only access pages that are hosted locally.

2.15. "Payment period" means the amount of time that a service has been used for and that the subscriber needs to pay for, or the duration of a contract.

2.16. "Per GB" is a form of ADSL that Imaginet offers, whereby the subscriber receives a bundle of GB with top-up bundles available.

2.17. "POP traffic" means incoming emails and email traffic to the subscriber.

2.18. "Registration" means completing the online registration process (available on the Imaginet website) or an offline application process to register for Imaginet services.

2.19. "Semi-shaped" means that a subscriber's Internet is shaped during certain hours and for certain things, and unshaped thereafter.

2.20. "Server" means the Imaginet hardware where information is stored.

2.21. "Service" means Internet access, web hosting, website design and/or other services that Imaginet offers to the subscriber and are described on the Imaginet website or during the registration process.

2.22. "Shaped" means that a subscriber's connection speed is going to be slow for most transactions with the exceptions of e-mail access, Internet banking and other simple transactions.

2.23. "Site Builder", also known as Tesla, is the basic site building service that Imaginet offers, where a subscriber can create a simplistic website without having any previous design experience.

2.24. "Site Creator", also referred to as Web Presence, is the site building service that Imaginet offers, where a subscriber can create a customisable website without having any previous design experience.

2.25. "Soft-capped" means that when the subscriber's chosen bandwidth is reached, he/she can continue to use the Internet but will be charged for any additional usage.

2.26. "SPAM", also referred to as Unsolicited Commercial E-mail (UCE) or junk-mail, is mail, often used for marketing purposes, that is not asked for, not wanted, and occasionally contains viruses, worms or Trojans.

2.27. "Subscriber" means the person or company that has registered with Imaginet for the service and includes any other person who makes use of the service with the subscriber’s permission.

2.28. "SMTP traffic" means outgoing e-mails and mail traffic from the subscriber.

2.29. "Tesla", also known as Site Builder, is the basic site building service that Imaginet offers, where a subscriber can create a simplistic website without having any previous design experience.

2.30. "Throttling" means the gradual shaping of an unshaped account because of high or excessive usage of bandwidth on that account

2.31. "Trojan", also referred to as a Trojan horse, means a program that contains something that harms your computer like a virus or a worm.

2.32. "Uncapped" means ADSL that is not limited by bandwidth, but by connection speed.

2.33. "Unshaped" means that a subscriber's connection is going to be fast for all transactions that the subscriber makes.

2.34. "Usage" means an unpredictable and changeable part of a service (like web hosting disk space, web hosting data traffic, ADSL data traffic).

2.35. “VDSL” stands for Very high bitrate Digital Subscriber Line and can refer to either the ADSL line itself or the ADSL package attached to the line depending on the context in which it is being used.

2.36. "Virus" means a harmful piece of software that, once opened or accessed by a program, duplicates itself and harms your computer. Once it has been opened, a virus is spread to other computers when it is accessed by those computers or when it is sent to another computer via e-mail.

2.37. "Web Presence," also referred to as Site Creator, is the site building service that Imaginet offers, where a subscriber can create a customisable website without having any previous design experience.

2.38. "Worm" means a harmful piece of software, similar to a virus, that can be spread quickly over networks without being opened or accessed by any programs.

3. BILLING AND SUBSCRIPTION FEES

3.1. Once the registration is complete, Imaginet will activate the subscriber’s account and let him/her use the service according to these Terms and Conditions.

3.2. The subscriber will pay Imaginet all amounts due in the way explained in this agreement.

3.3. The subscriber must pay Imaginet all charges on time.

3.4. Payments can be made by debit order, credit card or any other method approved by Imaginet.

3.5. The subscriber can add to, or change (upgrade, downgrade or switch) their services, keeping to this agreement and relevant Imaginet policies, through the Control Panel, by sending a written request to the Imaginet Accounts Department by email to accounts@imaginet.co.za or by faxing a request to 0800 001 1101.

3.6. Before Imaginet can activate an account, they need to have the subscriber's valid Visa or MasterCard details, or details of a current cheque or savings bank account, for debit order purposes.

3.7. Unless otherwise explained, when the payment period ends, if Imaginet has not been given 20 (twenty) business days' written notice of termination by the subscriber, he/she will need to pay for another full payment period, as long as Imaginet still offers those services.

3.8. On the first day of each month, Imaginet will run an automated billing system to recover all amounts due, using the payment details that the subscriber provided. Though Imaginet can try to let the subscriber know about upcoming charges when they are asked, it is the subscriber's responsibility to make sure that the amount due is in the provided bank account whether he/she was told about the charge in advance or not.

3.9. The subscriber understands that it is his/her responsibility to ensure that invoices are received and that all items listed in such invoices are correct.

3.10. A subscriber can contest a non-contract charge from his/her invoice up to twenty-four (24) hours after the invoice has been sent by Imaginet. Thereafter, no charges can be reversed or refunded.

3.11. A subscriber can contest a contract charge from his/her invoice within one (1) calendar month of such an invoice being received. Thereafter such charged will be assumed to be correct and cannot be reversed or refunded.

3.12. For contracts that are longer than one month, Imaginet will let the subscriber know that the contract is expiring 40-80 business days before it expires.

3.13. Charges cannot be refunded unless this agreement is properly ended by the subscriber, because of a fault on Imaginet's part, or where section 9.3. applies.

3.14. Unless otherwise discussed, should a charge be refunded because of a fault on Imaginet’s part, such a refund will not be provided in cash, but will be added as a credit onto the subscriber’s account.

3.15. Services that have fixed-rate or unchanging charges will be billed in advance.

3.16. Services that are charged for usage are billed monthly, after the payment period has ended.

3.17. If a subscriber doesn't pay a charge, Imaginet can suspend all of the services, or part of them, from the date when the payment was due.

3.18. The subscriber will not be able to get any discount, refund or other form of credit for any suspension, interruption or delay of services that happens, or if he/she has used less than the minimum bandwidth than the service requires.

3.19. The subscriber must pay any unpaid amounts at the end of his/her contract, and the subscriber agrees that:

3.19.1. transfers, DNS pointing and/or name server updates on domains connected to the subcriber’s account will not be permitted until such a time as payment has been received by Imaginet;

3.19.2. he/she will not have access to any hardware or software that is provided by Imaginet on a rent-to-own basis or that is rightfully the property of Imaginet until such a time as payment has been received by Imaginet; and

3.19.3. the only exception to the above is if this agreement was properly ended by the subscriber, or because of a fault on Imaginet's part.

3.20. If the subscriber chooses to pay for his/her services in advance, a credit will be added to his/her account. The subscriber will continue to receive invoices indicating the payment due and the credit remaining, and such payments will then be deducted from any credit on the subscriber’s account.

3.21. Imaginet can change the charge for any service or for a part of any service by giving at least 20 business days' notice and by drawing attention to those changes on the Imaginet website. Notice will be given by email sent to the My[Dot] email address that the subscriber receives after registration. If the subscriber does not agree with the changes, he/she can cancel this agreement at the end of the payment period after giving Imaginet 20 business days' written notice. Imaginet will not place any responsibility on the subscriber or any third party should the termination of this agreement occur because of this clause.

3.22. If an account becomes suspended for reasons which include, but are not limited to, payments not being received or fraudulent activity, a reconnection fee of R100.00 (one hundred Rand), including VAT, will be incurred on accounts which require reinstatement. Such fees will be included in the invoice which follows the reconnection of the account.

3.23. Imaginet can cancel a subscriber's service without notice if he/she hasn't paid for the service within a reasonable amount of time.

3.24. If a subscriber doesn't follow the payment guidelines explained in this agreement, Imaginet can:

3.24.1. refer the subscriber to a collection agency; or

3.24.2. blacklist the subscriber with any or all credit bureau agencies within South Africa. If this happens, Imaginet will not be responsible for, or required to help with, removing or cancelling any information that a credit bureau records.

3.25. The subscriber will receive an invoice via email at the beginning of each month. Invoice(s) will be sent to the subscriber’s domicilium.

3.26. In some cases, when a subscriber completes the registration late into the month, a percentage of the normal amount will be charged for the first payment period. For details about the Initiating Service Charges Policy, contact Imaginet's Accounts Department by phone on 0800 111 1101 or by e-mail to accounts@imaginet.co.za.

4. SERVICE AVAILABILITY

4.1. Imaginet will give the subscriber Internet access and access to email, domain services, and/or web hosting according to the choices that the subscriber makes during registration.

4.2. Other services might occasionally be added to the subscriber's services at no additional cost, and if this happens, Imaginet will inform the subscriber about those additional services.

5. INDEMNITY

5.1. The subscriber understands that Imaginet doesn't know about, has no control over and doesn’t check the content that the subscriber publishes on a website that is hosted by Imaginet. The subscriber understands that hosting or publishing of certain kinds of content could be offensive, unlawful and in breach of Imaginet's codes of conduct, South African legislation (including regulations), common law and the requirements and rules of any regulatory authority. The subscriber also understands that the hosting and publication of certain kinds of content could cause harm to Imaginet's name, goodwill and reputation, as well as that of it's affiliates and business partners.

5.2. The subscriber agrees that, if Imaginet thinks his/her content is offensive, unlawful or harmful (as explained in section 5.3.) or the subscriber has uploaded and used illegal or harmful software or licences, they can (without taking away from any of their other rights in terms of this agreement):

5.2.1. ask the subscriber to immediately remove the offensive, unlawful or harmful content;

5.2.2. ask the subscriber to immediately change the content;

5.2.3. delete the subscriber's website from the server without notice; or

5.2.4. remove the subscriber's access to the website without notice.

5.3. The subscriber agrees that nothing that Imaginet does when seeing out any obligations set out in this agreement or in the carrying on of its business in general will be understood as Imaginet taking on responsibility for the content of the subscriber's website or the illegal use of software or licences and their publication, whether Imaginet knows that such content is being published or not. The subscriber also indemnifies Imaginet and holds it harmless against any liability and any claims by any person for any loss or damage that is suffered because of the hosting or publication of content or software by the subscriber or any other data that is on the subscriber's website.

5.4. Imaginet will make every effort to notify the subscriber about any action taken regarding section 5.4., but does not guarantee that notice will be given to the subscriber before any action is taken.

5.5. Imaginet will make every effort to prevent the theft or fraudulent acquisition of any sensitive information in their possession, including subscriber's usernames, passwords and billing details.

5.6. The subscriber is entirely responsible for preventing the theft or fraudulent acquisition of sensitive information in their possession, including, but not limited to, usernames and passwords that are used to access Imaginet's services.

5.7. The subscriber is entirely liable for any and all charges that come from unauthorised use of the services on their property and/or for the theft or deceitful acquiring of sensitive information in their possession as explained in section 5.6..

6. CESSION, DELEGATION OR ASSIGNMENT

6.1. The subscriber will not give up, assign, delegate or in any other way transfer any of his/her rights and obligations set out in this agreement to another person without first receiving Imaginet's consent in writing.

6.2. Should there be any change in the subscriber's controlling interest, Imaginet will be entitled to terminate this agreement once the subscriber has been notified.

6.3. The subscriber will notify Imaginet of any change in his/her controlling interest within fourteen days of such a change taking place.

6.4. Imaginet will be entitled to give up, assign or delegate any of their rights or obligations set out in this agreement to an affiliate of Imaginet or any third party without the subscriber's consent.

7. DOMICILIUM

7.1. The subscriber chooses domicilium citandi et executandi ("domicilium") for giving any notice, servicing any process and for any other purpose discussed in this agreement at the address given during registration.

7.2. Regarding the delivery of notices to a subscriber’s domicilium:

7.2.1. Any notice sent to an email address or fax number that the subscriber has indicated as his/her domicilium will be considered received, unless proven otherwise, on the first (1st) business day after the notice was successfully sent.

7.2.2. Any notice to a party that is in a correctly addressed envelope and that is sent by prepaid registered post to the subscriber’s domicilium will be considered received, unless proven otherwise, on the seventh (7th) business day after posting.

7.2.3. Any notice to a party that is in a correctly addressed envelope and that is delivered by hand to a responsible person during ordinary business hours at the subscriber’s domicilium will be considered received, unless proven otherwise, on the day of delivery.

7.3. Regarding the changing of domicilium:

7.3.1. Either of the parties can, on occasion, change their domicilium to any other physical address in South Africa (not a post office box) by giving written notice, as long as the change occurs 14 calendar days after the notice has been received.

7.3.2. Either of the parties can, on occasion, change the email address that they have indicated as their domicilium by giving written notice at any time.

7.4. Notice or communication that is, according to this agreement, needed or allowed will only be valid and effective if it is in writing and delivered by hand, post, fax or e-mail.

7.5. The subscriber understands that it is his/her responsibility to ensure that the information that Imaginet retains as his/her domicilium is current and up to date. Imaginet will only remain responsible for sending notifications to the email address that they have listed as the primary contact address for any account.

8. BREACH OF AGREEMENT

8.1. With the exceptions of section 3.17., section 5.2.4. and section 9.2., if either of the parties involved in this agreement break any of these Terms and Conditions and do not remedy the situation 7 (seven) calendar days after receiving a written notice requiring the situation to be remedied, the party that is not at fault can, without giving up any of the rights it may have been given by this agreement or by the law, terminate this agreement as they see fit by giving written notice to the party at fault. If the situation cannot be remedied in 7 (seven) calendar days, the period for remedying the situation will be extended for a reasonable amount of time.

9. COMMENCEMENT, DURATION AND TERMINATION

9.1. This agreement will begin once the registration has been completed and

9.1.1. in the case of non-contract services, will continue indefinitely unless one of the parties terminates the agreement by giving notice in writing twenty (20) business days before the payment period expires, or

9.1.2. in the case of contract services, will automatically terminate after the initial period unless the subscriber provides sufficient written notice of intention to renew to Imaginet. Details of the notice that is required will be discussed in such a contract.

9.2. If the subscriber does not pay Imaginet the subscription charges that are due, Imaginet can terminate or suspend this agreement as they see fit.

9.3. Imaginet can terminate this agreement at any time and for any reason by giving the subscriber 1 (one) month's notice in writing. If the subscriber has not broken any of the Terms and Conditions of this agreement, Imaginet will refund all paid subscription charges that the subscriber has not received the services for.

9.4. If a subscriber abuses any Imaginet employee, Imaginet has the right to terminate that subscriber's account at the end of that calendar month.

10. DISCLAIMER FOR LIABILITY

10.1. Although Imaginet will make every effort to provide the subscriber with disaster recovery, they do not specify a recovery time and cannot be held liable for any loss or damage of any nature that is suffered by the subscriber because Imaginet failed to provide, was delayed in providing or could only provide partial disaster recovery. Though nothing in this section is meant to suggest or guarantee that the backing up of data will be successful or will in any way prevent disaster, the subscriber is advised to make back-ups of his/her data as a preventative measure.

10.2. Imaginet is not responsible for the failure of any e-mail delivery or the loss of any
e-mail and does not keep copies of e-mails once they have been sent or received by the subscriber.

10.3. Imaginet can take any action that they feel is necessary at any time to maintain the security and reliable operation of the Imaginet network. The subscriber commits to not doing anything or not having anything done which would compromise such security.

11. JURISDICTION

11.1. This agreement is governed by South African law and is to be understood and take effect according to those laws.

12. E-MAIL TERMS AND CONDITIONS

12.1. Imaginet will give the subscriber a SMTP/POP3 e-mail service according to the choices that the subscriber makes in his/her registration and at the cost that was specified there.

12.2. The cost for the SMTP/POP3 e-mail service does not include SMTP server set-up costs.

12.3. Imaginet is not responsible for any failed deliveries or any loss of e-mail.

12.4. The subscriber agrees to take all reasonable steps to make sure that their e-mail service is not used as a relay and, if relaying does occur, Imaginet has the right to suspend or terminate a subscriber's service until the subscriber has stopped the relaying.

12.5. Imaginet sets a limit of 250MB of POP traffic per Imaginet e-mail address and the same limit for forwarding to Imaginet e-mail addresses. If this limit is reached, Imaginet can suspend the subscriber's e-mail address for the rest of the calendar month.

12.6. The subscriber understands that, should he/she choose to use Imaginet’s mail servers for an email address at his/her domain, any emails sent and received will contribute towards his/her monthly traffic allowance.

12.7. Imaginet can change the POP traffic limit that is included with any service by giving at least 30 days notice and by drawing attention to that information on the Imaginet website and/or the Control Panel.

12.8. Though Imaginet will include e-mail anti-virus scanning for all subscribers and will make every effort to keep the definitions updated and able to detect the latest known viruses, they cannot guarantee that every e-mail virus will be blocked before it is delivered.

12.9. Though Imaginet will include e-mail SPAM blocking for all subscribers and will make every effort to to block SPAM and avoid mistaking valid e-mails as SPAM, they cannot guarantee that every SPAM message will be blocked before it is delivered, and they cannot guarantee that every valid e-mail will be delivered when it is mistaken for SPAM.

12.10. The subscriber is responsible for making sure that their equipment is protected against viruses and that their operating systems are regularly patched and updated.

12.11. Imaginet might occasionally send marketing materials to the subscriber via e-mail. If a subscriber does not want to receive such marketing materials, they can send a written request for exclusion to Imaginet by post to their domicilium, fax to 080 001 1101 or by an e-mail to accounts@imaginet.co.za. However, requesting exclusion from these marketing materials does not exempt the subscriber from receiving e-mails regarding important system or service notifications that could affect his/her service.

13. DOMAIN SERVICES TERMS AND CONDITIONS

13.1. When instructed to do so by the subscriber through a registration form or via the Imaginet website, Imaginet will arrange for the registration, transfer, modification and/or forwarding of a domain name.

13.2. The subscriber understands that the registration, transfer, modification and/or forwarding of a domain name needs to abide by the rules of those responsible for domain registrations and that Imaginet cannot guarantee the registration of the particular domain name selected by the subscriber.

13.3. The subscriber confirms that he/she has a right to own the domain name, or the permission of someone who does have that right, and that using the domain name does not violate the intellectual property rights of anyone who might have a claim to that domain name. The subscriber also indemnifies and frees Imaginet from any responsibility and any claims that come from the improper use of the domain name.

13.4. Charges for the registration of domain names are not refundable once Imaginet has registered the name on the subscriber's behalf. This includes, but is not limited to, cases where a mistake (such as the misspelling of the domain name) has been made by the subscriber.

13.5. The subscriber understands that a domain cannot be registered without parking or a hosting package, and that a parking fee of R40.00 may be charged for domains that are registered without a hosting package. This fee is subject to change from time to time.

13.6. The subscriber understands that domains are registered on an annual basis and that, after one year, he/she will need to pay a renewal fee in order to keep such a domain. Such renewal fees are subject to change from time to time.

13.7. After one year, domains will automatically be renewed on an annual basis, unless the subscriber gives Imaginet written notice of intention to terminate such a domain before the 24th of the month.

13.8. Imaginet will inform the subscriber that the domain is scheduled for renewal at least one (1) month before the renewal is due so that the subscriber will be informed early enough to provide the above-mentioned written notice. Such communication will be sent via email to the address listed as the subscriber’s domicilium, unless

13.8.1. The subscriber’s account is suspended at the time that the communication is sent out by Imaginet, or

13.8.2. The subscriber has previously terminated or requested the termination of such a domain on or before the renewal date.

13.9. The subscriber understands that if he/she is suspended at the time that the domain is scheduled for renewal, such a domain will not be renewed and the renewal fee will not be added to the outstanding amount.

13.10. The subscriber further understands the following regarding the registration of all domain names:

13.10.1 The Agreement between Imaginet and the Domain name owner will beconstrued and interpreted in accordance with the law of the Republic of South Africa.The Applicant acknowledges that Imaginet or ICANN (The Internet Corporation for Assigned Names and Numbers) may oblige Imaginet to make changes to or supplement the Agreement or parts of the Agreement (“amendments”) if these amendments are reasonably necessary for the administration of a Namespace. In the case of amendments required by Imaginet these amendments will be published on the Imaginet website or the client will be informed by e-mail from time to time.  In order to carry out this policy, the Applicant accepts that it is incumbent on it to monitor such changes and it hereby agrees that should it fail to notify Imaginet of the Applicant's wish not to be bound by such amendments within 30 (thirty) days of such amendment being published, it will conclusively be deemed to have acceded and agreed to the amendments thus published. In the event that any of these terms are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.

13.10.2  Imaginet will under no circumstances be obliged to determine the right of the Applicant to the Domain Name. Domain names are delegated on a "first-come-first served" basis and the delegation of the Domain Name by Imaginet will in no way constitute any indication or warranty of the Applicant's right to utilise such name.

13.10.3 Imaginet gives no warranties of any nature whatsoever with regard to the Domain Name, the registration or use thereof and hereby disclaim all such warranties, whether express or implied.

13.10.4  Imaginet, its directors, officers, employees, and agents will under no circumstances whatsoever be liable for any direct, indirect, special, incidental, punitive or consequential damages of any kind and howsoever arising (including, without limitation, loss of use, business interruption or lost profits), regardless of the form of action, whether in contract, delict, or otherwise, even if Imaginet has been advised of the possibility of such damages.

13.10.5 The Applicant will indemnify, defend, and hold Imaginet and its directors, officers, employees, and agents harmless against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) relating to or arising out of the applicant's domain name registration.

13.10.6  The Aplicants duties include the following :

13.10.6.1. The Applicant must provide to Imaginet accurate and reliable contact details and correct and update them within seven (7) days of any change during the term of the Domain Name registration. 

13.10.6.2. The Applicant's wilful provision of inaccurate or unreliable information, its wilful failure to update information provided to Imaginet within seven (7) days of any change, or its failure to respond for over fifteen (15) days to inquiries by Imaginet concerning the accuracy of contact details associated with the Applicant's registration will constitute a material breach of the Applicant-registrar contract and be a basis for suspension and/or cancellation of the Domain Name registration.

13.10.6.3. Any Applicant that intends to license use of a Domain Name to a third party is nonetheless the Applicant of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Domain Name. An Applicant licensing use of a Domain Name according to this provision will accept liability for harm caused by wrongful use of the Domain Name, unless it discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the Applicant reasonable evidence of actionable harm.

13.10.6.4. In the event that any of these terms are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.

 

14. WEB HOSTING TERMS AND CONDITIONS

14.1. According to the choices that the subscriber makes during his/her registration, Imaginet will host the subscriber's website on their server and provide the features that are described on the Imaginet website.

14.2. Imaginet will offer a range of Web Hosting services divided as follows:

14.2.1. Starter Hosting;

14.2.2. Business Hosting; and

14.2.3. ASP Hosting.

14.3. The subscriber understands that it is his/her responsibility to ensure that the Hosting solution selected is appropriate for his/her needs. Imaginet will make every effort to inform the subscriber of the differences between the Hosting solutions and assist with the selection of a hosting package to suit the subscriber’s needs.

14.4. No cap is placed on the disk usage or traffic of Web Hosting services and, as the disk space allowance is usage based, the subscriber will be responsible for paying all excess charges where an amount of R0.14 per MB will be charged for all storage exceeding the included disk space allowance. Such charges will be calculated for the average usage on the hosting package for the month in question.

14.5. The subscriber understands that, should he/she choose to use Imaginet’s mail servers for an email address at his/her domain, any emails stored on the server will contribute towards his/her disk usage. The subscriber will be responsible for the backup and removal of such emails should it be required. Imaginet will not be held responsible for any loss of data resulting from the removal of emails from their servers.

14.6. Imaginet may send out a notification when the subscriber’s traffic allowance has reached 90% of his/her package’s usage capacity, however these notifications are not guaranteed and it remains the subscriber’s responsibility to ensure that he/she is aware of his/her traffic usage.  Such usage can be accessed via the Control Panel.

14.7. Imaginet will take reasonable steps to make sure that the subscriber's website is secure from unauthorised access.

14.8. Imaginet is not responsible for any illegal software or licences that are used by the subscriber.

14.9. The supply and costs of development, design and/or maintenance of the subscriber's website, including HTML, ASP, PHP and other coding, are not included in the Web Hosting fee as set out on the Imaginet website, the registration form and this agreement unless otherwise specified.

15. SITE CREATOR TERMS AND CONDITIONS

15.1. Imaginet will provide the subscriber with a basic site building service, known as Site Creator or Plesk Web Presence, to be used in conjunction with a hosting package supplied by Imaginet.

15.2. Site Creator services will be available to the subscriber through his/her Control Panel.

15.3. The subscriber understands that the Site Creator service is offered as is, and no adjustments or additional features beyond what are advertised are, or will become, available through Imaginet.

15.4. The subscriber undertakes to ensure that all contents, updates and adjustments are saved as auto-saving is not a feature of the service. Imaginet is in no way responsible for the loss of content due to such content not being saved correctly.

15.5. Site Creator is a basic service and by providing the service, Imaginet in no way takes responsibility for the design of the subscriber's website. Should the service not meet the subscriber's needs, it is Imaginet's recommendation that the subscriber employ a designer to assist with his/her needs. Imaginet is in no way responsible for finding such a designer for the subscriber.

15.6. The subscriber understands that Site Creator is third party software and Imaginet are not responsible, nor are they able, to make adjustments to such software. Should the subscriber experience any difficulties with using the services, Imaginet will help to the furthest extent that they are able and, should they not be able to resolve the problem, will instruct the subscriber on further measures that can be taken to resolve the problem with the third party.

15.7. The subscriber understands that, though Imaginet may assist with setting up of third party software within the Site Creator platform, such as shopping cart functionality, Imaginet is in no way responsible for troubleshooting for such software and is not liable for any payments made through such functionality or failures of such payments. The subscriber uses such functionality at his/her own risk.

15.8 The subscriber understands that Site Creator is an Imaginet product offering and that Imaginet may advertise as such on his/her website in a way that will not distract from the information that the subscriber chooses to place on his/her site. This may be done through the use of text and/or images placed on the subscriber’s Site Creator website as Imaginet sees fit. Advertising placed on the website by Imaginet is subject to change from time to time.

15.9. Should the subscriber wish to transfer his/her domain or website away from Imaginet, he/she understands that, while the content created through Site Creator may be copied and transferred to alternate providers, editing and modifications can only be done through the Imaginet servers. He/she will therefore not be able to make any alterations to the content while receiving hosting services for the domain through other providers.

16. TESLA TERMS AND CONDITIONS

16.1. Imaginet will provide the subscriber with a basic site building service, known as Tesla, to be used in conjunction with a hosting package supplied by Imaginet. Tesla comes complete with:

16.2. a choice of page layouts, backgrounds, menu graphics, colour schemes; and

16.3. five modules consisting of a customisable homepage, contact page, blog, photo gallery and template builder.

16.4. The subscriber understands that Tesla is an Imaginet product and that Imaginet can advertise as such on his/her website in a way that will not distract from the information that the subscriber chooses to place on his/her site and through the use of text or images placed in the sidebar or footer of the subscriber’s Tesla website as Imaginet sees fit. Advertising placed on the website by Imaginet is subject to change from time to time.

16.5. The subscriber understands that not all packages are compatible with all modules and it is his/her responsibility to ensure that the hosting package that he/she chooses is compatible with the modules that he/she wants to use.

16.6. The subscriber understands that Tesla is a basic service and that by providing the service, Imaginet in no way takes responsibility for the design of the subscriber's website. Should the Tesla service not meet the subscriber's needs, it is Imaginet's recommendation that the subscriber make use of alternate services (such as their Site Creator) or employ a designer to assist with his/her needs. Imaginet is in no way responsible for finding such a designer for the subscriber.

17. DIAL-UP INTERNET ACCESS TERMS AND CONDITIONS

17.1. The subscriber will be completely responsible for the buying, managing, security and maintenance of all necessary computer equipment, networking equipment, modems, operating systems, software and all Telkom rental and phone bills used to connect to the Internet.

18. ADSL INTERNET ACCESS TERMS AND CONDITIONS

18.1. The subscriber will be completely responsible for the buying, managing, securing and maintaining of all necessary computer equipment, networking equipment, modems, operating systems, software and all Telkom rental and phone bills used to connect to the Internet.

18.2. Telkom describes ADSL as a "best effort" service. This means that, as Imaginet relies on Telkom for supply of ADSL, they cannot guarantee speeds, availability or the usefulness of the service for any application.

18.3. In the case of all hard-capped ADSL services, such as Capped @, ADSL Express and ADSL Express Plus packages, once the subscriber's usage reaches or exceeds the monthly traffic allowance, the service will not work until the beginning of the following calendar month.

18.4. In the case of all soft-capped ADSL services, such as ADSL Freestyle and ADSL Freestyle Plus, a soft limit is placed on the subscriber's usage and, unless specified otherwise, is automatically set to double the data contained within the package. This limit can be adjusted by the subscriber through his/her Control Panel. The subscriber is responsible for all usage charges, including out-of-bundle usage which will be charged in 100MB increments.

18.5. In the case of all Per GB ADSL services, a soft-limit is placed on the subscriber’s usage. This limit is set at the usage provided by the package, but can be adjusted by the subscriber through his/her Control Panel. The subscriber is responsible for all usage charges, including out-of-bundle usage which will be charged in 1GB increments.

18.6. Imaginet may send out a notification when the subscriber’s usage has reached 90% of his/her package’s allocated bandwidth, however these notifications are not guaranteed and it remains the subscriber’s responsibility to ensure that he/she is aware of his/her ADSL usage. Such usage can be accessed via the Control Panel.

18.7. Once a subscriber’s soft or hard limit has been reached, the subscriber will not have access to any webpages through the package. Imaginet will, however, continue to provide access to the subscriber’s Control Panel to allow for adjustments to be made and upgrades to be requested.

18.8. As explained in sections 5.8. and 5.9., the subscriber is completely responsible for making sure that their computer, network and ADSL equipment are secured against the theft of sensitive information. The subscriber is also completely responsible for all charges that result from unauthorised use of the services on his/her premises and/or the theft or fraudulent acquisition of sensitive information that is in the subscriber's possession including, but not limited to, the usernames and passwords that are used to access the services.

18.9. Should the subscriber contact Imaginet's Technical Support, Imaginet will help the subscriber with the technical details of making sure that an ADSL line is secured against the most common ways used to steal usernames, passwords and bandwidth. Such help will not, however, be considered a waiver of sections 5.8., 5.9. or 16.5.. Imaginet has no control over the subscriber's equipment or security practices, and cannot be held responsible for any security breaches on the subscriber's premises or with the subscriber's equipment, even if they have offered the subscriber advice in this area.

18.10. Should the subscriber wish to upgrade his/her package, he/she can do so at any time. The difference in price between the smaller and larger package will then be included in the next invoice that he/she receives.

18.11. Should the subscriber wish to downgrade his/her package, he/she can do so before the last day of the month. Should the request be received thereafter, the subscriber will be required to pay for the larger package for the following payment period.

18.12. Should the subscriber wish to change his/her package to a package of another type (eg. from Freestyle to Uncapped), he/she can request this change at any time, however if the change occurs on or after the first of the month, he/she will be required to pay for both packages in full for the following payment period.

18.13. Should the subscriber wish to cancel their subscription to this service, he/she can do so at any time, however if this cancellation occurs after the 24th of the month, they will be required to pay for the following payment period.

19. ADSL AND VDSL LINE TERMS AND CONDITIONS

19.1. Imaginet will manage the ADSL or VDSL portion of the subscriber’s line at the request of the subscriber and according to the terms laid out in the Line Service Agreement.

19.2. Imaginet will assist with the installation of the ADSL or VDSL portion of a subscriber’s line at the speed requested by the subscriber and where these such lines are made available through Telkom in the subscriber’s area.

19.3. The subscriber understands that Imaginet’s service(s) do not include any Telkom voice rental charges or support for the Telkom voice line. He/she also understands that all charges and support that he/she needs for his/her Telkom voice line will be managed by Telkom and are not part of the service that Imaginet agrees to provide.

19.4. The subscriber understands that by selecting a Line package or a package where “+ Line” is specifically stated in the package name, he/she is requesting and thus entitling Imaginet to order the necessary line on his/her behalf or have his/her existing ADSL or VDSL line migrated to Imaginet.

19.5. The subscriber further understands that only where a package specifically states “+ Line” in the package name does the package include the monthly ADSL or VDSL line rental in the pricing. He/She also understands that line support and troubleshooting can only be done for lines that are under Imaginet’s management.

19.6. Imaginet will not provide ADSL lines as stand-alone packages. In order for a client to have their ADSL line managed by Imaginet, the client must be using at least 1 (one) Imaginet ADSL data service. 

19.7. For further ADSL line terms and conditions, please view the ADSL Line Service Agreement which can be found at http://www.imaginet.co.za/html/misc/ADSL_Line_Terms_and_Conditions.pdf

20. DUSK2DAWN TERMS AND CONDITIONS

20.1. Imaginet will provide the subscriber with the service at a connection speed and with a data allowance that is chosen by the subscriber during the registration process. This connection speed will only apply on weekdays between the hours of 07:00 and 19:00, and thereafter will increase to the highest connection speed that his/her line allows for.

20.2. This subscriber understands that the data allowance is measured over a period of 10 (ten) calendar days. If the data allowance is reached within that period, the connection speed will be halved during the day until such a time as the usage over 10 (ten) calendar days amounts to less than the data allowance. Connection speed after hours will not be affected.

20.3. The subscriber understands that bandwidth used after hours also contributes towards the data allowance and will affect the throttling described above.

20.4. The subscriber understands that this service is not recommended for business purposes, and agrees not to hold Imaginet responsible for any loss, harm or damage that occurs because of slow connection speeds between the hours of 07:00 and 19:00.

21. LOCAL ONLY TERMS AND CONDITIONS

21.1. Imaginet will provide the subscriber with this service, whereby the subscriber can only access websites hosted in South Africa, at the price specified on the Imaginet website.

21.2. Imaginet does not guarantee the availability of any websites not hosted by Imaginet and they are not responsible for, nor do they endorse or approve of, the contents that may be found on any sites that are accessed using this service.

21.3. The subscriber understands that a .co.za domain name is not necessarily hosted in South Africa, and therefore that it may not be available for viewing under this service.

22. HOME UNCAPPED TERMS AND CONDITIONS

22.1. Imaginet will provide the subscriber with this service at the connection speed that is chosen by the subscriber during the registration process.

22.2. The subscriber is aware that Home Uncapped packages are not billed pro-rata and will therefore be charged at their full price regardless of how late in the month the package is requested.

22.3. The subscriber is aware that Home Uncapped services are managed according to the last 7 days usage projected to 30 days as well as the available capacity on the first tier provider's network at all times. Packages using large amounts of bandwidth will be managed down to a maximum of 50% of the account speed. Should the demand on the network exceed available capacity these thresholds may be managed more aggressively by the first tier provider.

22.4. The subscriber understands that Home Uncapped packages do not include any Imaginet email addresses, and that it is his/her responsibility to ensure that, should he/she upgrade to a Home Uncapped package, all previously provided Imaginet email addresses are terminated. Addresses that are not terminated will be charged at a rate of R20.00 per address per month.

23. UNCAPPED TERMS AND CONDITIONS

23.1. Imaginet will provide the supplier with this service at the connection speed that is chosen by the subscriber during the registration process.

23.2. The subscriber is aware that Uncapped packages are not billed pro-rata, and will therefore be charged at their full price regardless of when the package was requested.

23.3. The subscriber understands that this service is subject to an Acceptable Use Policy as follows:

23.3.1. Each user’s package is assigned a star rating out of 5 stars.

23.3.2. All packages start on 5 starts, and are completely unshaped.

23.3.3. Each package’s usage is added up over a 10 day rolling window to determine its star rating. The rolling window does NOT reset at the start of a new month.

23.3.4. If a user’s total data usage over a 10 day period adds up to more than 80% of the average usage for all packages of that type, that user will lose one star from his/her rating. For Uncapped 4096 packages, the throttling point is set to 50% of the average.

23.3.5. The higher a user’s total usage over 10 days, the lower their star rating will be. The lower the star rating, the more shaped and throttled the service will be.

23.3.6. Throttling starts with ports typically used for p2p and file sharing.

23.3.7. This AUP is implemented to ensure that those users who use less data will have a better quality connection. No limit is placed on the total volume of traffic that can be uploaded or downloaded.

23.3.8. This AUP is determined by our First Tier Provider, meaning that Imaginet does not control how it is implemented. Further details of the terms and conditions that apply to these services can be found here.

23.4. Imaginet will make this service available to the subscriber to be used in two separate locations. The subscriber understands that the use of this service in two locations simultaneously will lead to the connection speed being shared between the locations, while using the service at one location at a time will restore the full connection speed.

23.5. The subscriber understands that Uncapped packages do not include any Imaginet email addresses, and that it is his/her responsibility to ensure that, should he/she upgrade to an Uncapped package, all previously provided Imaginet email addresses are terminated. Addresses that are not terminated will be charged at a rate of R20.00 per address per month.

24. BUSINESS SERVICES TERMS AND CONDITIONS

24.1. Imaginet will provide the subscriber with the service at the connection speed or with the data allowance that is chosen by the subscriber during the registration process.

24.2. Imaginet will, at the subscriber’s request, register one (1) co.za domain name and provide one (1) Micro hosting package free of charge. This is subject to the following conditions:

24.2.1. Imaginet will only provide a .co.za domain as part of this package. Should the subscriber wish to choose another domain extension, he/she will remain liable for the full domain registration charge and no credit will be provided for the unregistered .co.za domain.

24.2.2. The subscriber understands that only the domain registration is provided by Imaginet and that he/she will be responsible for future renewal charges.

24.2.3. The subscriber understands that the Micro hosting package provided with all Business Services is subject to Imaginet’s web hosting terms and conditions.

24.2.4. Should the subscriber already have hosting services with Imaginet, a discount of R16.67 (ex. VAT) will be provided for one (1) hosting package. Should the subscriber not wish to make use of the hosting services offered, no discount on the base package will be provided.

24.3. Imaginet will provide the subscriber with a pre-configured router rental as part of the package and at no extra cost. This is subject to the following conditions:

24.3.1. The subscriber understands that the provided router must be used in conjunction with the Business Service(s). No other router can be used with these packages.

24.3.2. The subscriber understands that the router provided is rented throughout the period of service and agrees that he/she will in no way modify any equipment (including, but not limited to, the rental router that is provided) that is used to receive the service(s). This includes changing any settings of such equipment.

24.3.3. Should the subscriber wish to terminate his/her Business services, the rental router provided will need to be returned to Imaginet at the subscriber’s own cost and addressed as follows:

Attention: Imaginet
16 A Henry Street,
Grahamstown, 6139

24.3.4. Imaginet agrees to provide a rebate of R300.00 to subscribers who return the rental router within 7 calendar days of their service(s) being terminated.

24.3.5. The subscriber understands that rental routers that are not returned to Imaginet within one (1) month of service(s) being terminated will be charged at R1596.00 to cover the replacement of the router.

25. 3G TERMS AND CONDITIONS

25.1. Imaginet will provide the subscriber with 3G services through the network and with the data allowance that is chosen by the subscriber during the registration process and according to the terms laid out in the 3G Service Agreement.

25.2. In addition, Imaginet will provide the subscriber with a 3G modem upon request. Such modems will be available for purchase upon payment of a once-off fee or for rent upon receipt of a signed and initialled 12 Month Service Agreement as provided by Imaginet.

25.3. The subscriber understands that the 3G services are reliant on network coverage, and the subscriber is advised to check the coverage in the area where the service is to be used before purchasing a service.

25.4. Neither MTN nor Imaginet can guarantee the accuracy or availabilty of network coverage data as represented on any network coverage map. Actual network coverage, quality, and availability may vary.

25.5. Network coverage, speed, stability, and availability are not guaranteed. The subscriber understands that the quality and avaiability of 3G and mobile services will vary from time to time and from one area to another. Neither Imaginet nor MTN can guarantee network quality, availability, or coverage.

25.6. The subscriber further understands that the 3G services provided through Imaginet are soft-capped and that data bundles are billed in advance on the first day of every month with additional usage being billed in arrears. Further information on the additional usage rates can be found in the full 3G Service Agreement.

25.7. The subscriber is aware of the limitations of the data provided as part of the 3G services that Imaginet offer and is aware of the conditions related to in-bundle and out-of-bundle usage as explained in the full 3G Service Agreement.

25.8. Bundles of 3G data as supplied as part of this service are valid from 00h00:00 on the first day of each month until 23h59:59 on the last calendar day of that month. Data that is included in this bundle and that remains unused does not roll over into the following month.

25.9. A subscriber can cancel his/her 3G services by providing one (1) calendar month’s written notice of cancellation.

26. STRATUS BACKUP TERMS AND CONDITIONS

26.1. Imaginet will provide the subscriber with the back-up service at the size limit that is chosen by the subscriber during the application process. This will include a single seat license and access to software for the purpose of accessing and using the service. Multiple seat licenses will be made available upon request.

26.2. The subscriber understands that any ADSL or 3G data used to upload content using the software may contribute towards his/her monthly data cap or limit, or in the case of Uncapped packages may affect his/her star rating.

26.3. By agreeing to these terms and conditions, the subscriber understands that Imaginet will have administrative access to any data that these services are used for. This includes, but is not limited to, the copying and storing of data as part of this service.

26.4. The subscriber further agrees that any software provided will only be used for the purposes of the service and will not be distributed, modified, decompiled or altered in any way.

26.5. The subscriber understands that these services are used at his/her own discretion and risk, and that the software provided and the service itself are provided “as is” without warranty, and Imaginet cannot be held liable for performance of the software or for loss of data resulting from the use of the service.

26.6. Should a subscriber elect to use an encryption key for security purposes, he/she understands that Imaginet does not receive or store such encryption data on his/her behalf. Should such an encryption key be lost, Imaginet will not be able to assist with the restoration or retrieval of data.

26.7. The subscriber further understands that the software used for this product may collect data relating to statistics, performance and configuration settings to be sent to authorised third parties for anonymous analysis for the purposes of service improvement.

27. Six-to-six

27.1. Six-to-six services will only work from 18:00 (6 PM) to 06:00 (6 AM). From 06:00 to 18:00 to service will not connect and the connection will be unavailable.

27.2. A soft-limit is placed on the subscriber’s usage. This limit is set at the usage provided by the package, but can be adjusted by the subscriber through his/her Control Panel. The subscriber is responsible for all usage charges, including out-of-bundle usage which will be charged in 1GB increments.

27.3. Imaginet may send out a notification when the subscriber’s usage has reached 90% of his/her package’s allocated bandwidth, however these notifications are not guaranteed and it remains the subscriber’s responsibility to ensure that he/she is aware of his/her ADSL usage. Such usage can be accessed via the Control Panel.

27.4. Once a subscriber’s soft or hard limit has been reached, the subscriber will not have access to any webpages through the package. Imaginet will, however, continue to provide access to the subscriber’s Control Panel to allow for adjustments to be made and upgrades to be requested.

 

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