General terms and conditions

The use of services from Webzyn constitutes agreement to these terms.

In this document: Webzyn refers it’s members, employees, suppliers, associates, additional domain names used for business, subsidiaries, sister companies and other business operations.

1) Support

We will endeavor to provide a continuous high quality service. If you experience problems with your service, you should consult our support team on support@webzyn.co.za or by using the contact us page.

We may require suspension of some of our services for short scheduled periods to carry out maintenance or repair to our services.

2) Service abuse and spam policy

We reserve the right to terminate your hosting/website account if it is found that the resources made available to you are being abused.

This includes, but is not limited to the following:

Spamming

Sending unsolicited mail.

Providing file storage servicest.

Providing email services via your website be it newsletter sending or services like gmail.com and hotmail.com.

Scripting that utilises more than 20% of a server or node’s memory, storage, processing resource, I/O at any one time.

Hosted services that cause the general performance of our servers or nodes to degrade.

Offensive conduct / content.

Illegal or other unacceptable content as outlined in 17)

Webzyn will not allow spam to be generated from our machines – if it is found that a site is sending out spam emails regardless of how it is done (scripts, SMTP, contact form header injection etc) Webzyn will suspend the customers account until assured it will not continue. Repeat offenders will be irreversibly terminated.

Should you infringe this policy, you will be held liable for any costs incurred by Webzyn.

3) Correspondence

Customers are required to have a valid email address on file at all times. Details can be updated online via email to Webzyn.co.za.

All communication from Webzyn will be done via email. When we send an email, it is deemed that delivery of the said email has reached the recipient.

If in the the event that your email address on file does not work, you may use our support system on the contact us page.

4) Contract Period

Unless otherwise stated the contract period is on a monthly bases, termination can occur on month end (provided all amounts owed to Webzyn) are paid. The customer will be liable for the costs for the duraion of the contract. If there is still an outstanding amount, the account will continue to be billed until the account is settled and the cancellation request is resent and accepted by Webzyn.

5) High resource use policy

Resources are defined as bandwidth, processor utilization, memory, or disk space.

Webzyn may implement the following policy to its sole discretion:

When a website is found to be monopolising the resources available, Webzyn reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers.

Uploads via scripting languages

We limit uploads made via scripting languages – including PHP, ASP and ASP.NET – to a maximum of 20 MB per file.

Cron jobs may have an interval of no less than 5 minutes.

Email sending from our servers is limited to 250 emails per hour, per domain name. This is to help preserve the integrity of our outgoing mail servers, so they are not listed on spam blacklists.

6) Payment policies

All accounts are set up on a prepay basis. Although Webzyn reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. Payment is due every month. Payment must be made on the date of the invoice. Customers will automatically be charged again at the end of their prepay period unless a closure / cancellation notification has already been sent to us via email which must be confirmed and acceptance via a return email notification from us.

In situations where the card number or debit order details on file are declined Webzyn will immediately suspend the facility  until the outstanding charge is processed successfully. In addition, Webzyn reserves the right to suspend other services until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time the customer sends an accepted written cancellation request (refer to “Contract Period” above).

There will be an administration fee of R49 on all unpaid transactions processed via debit order or credit card. (insufficient funds/invalid account number etc)

Should your account fall into arrears (over 30 days) we will suspend the account/s you have with us. A re-establishment (unsuspension) fee of R79 will be charged to have your website(s) unsuspended once full payment has been made.

Your account with us is billed as a whole unit and not on a per invoice basis: When payments are made they are put towards the invoice waiting the longest for payment. We work on a total debit, total credit system. This is to assist out accounting process as we deal with many small amounts paid via EFT. You could look at it as a bucket of water, your payments would be the water, your invoices from us would be the sides of the bucket. “Only when the water reaches to top; is your account paid.” Only when the sum total of your payments covers a particular invoice would it be paid.

No bills or invoices will be sent by regular mail. All invoices will be sent directly to customers via email shortly after the online purchase/activation has been made.

All payments are in South African Rands.

You are required to have a valid credit/debit card/bank account and email address registered on your account at all times, failure to do so may result in suspension of your account.

Please note that whilst this is primarily used for billing purposes, Webzyn reserves the right to email you information about enhancements to our systems and product offerings.

We may require you to pay your first invoice via EFT if you have selected your payment method to be Debit Order. This is to assist in setting up your account as quickly a possible and it prevents fraudulent purchases which are so rampant on the internet.

If one of your services with us is currently suspended because of non payment, and you have corrected this by making full payment to your account (full payment is when you bring the account balance to zero or you’re in credit with us). Then you will need to email accounts@webzyn.co.za in order to have the account unsuspended.

It is your responsibility to keep your account up to date, and to pay all invoices within the stipulated payment period. It is also your responsibility to keep yourself informed of the amounts owing should you be paying via EFT.

7) Domains

In the case of co.za domains, we invoice you for the domain, you are to pay us directly for this registration or renewal.

All domains registered by us are registered on behalf of the client and will be the property of the client provided their account is in good standing. We reserve the right to 1) refuse the transferal of a domain or 2) delete the domain from the registrar should your account be in arrears and be deleted from our system.

An indication of a domain name being available during the order process is no guarantee that it will be secured for the client. As there is no guarantee that the domain checking script is accurate due to variations in DNS records, or the domain name may be registered by another party between the time of checking and our request going through to the registrar.

We will not vote for a transfer of a domain name away (co.za in particular), this needs to be done by the registrant’s email 2l. registrantemail

8 ) Payment options

Webzyn currently runs the following payment methods.

Debit Order: South African banks only.

EFT / Bank Transfers.

By submitting payment details to us (Credit card numbers / Debit order details) you warrant and confirm that you are duly authorised to use the supplied payment details.

9) Cancellation and refunds

Webzyn reserves the right to cancel the service at any time.

If a customer contravenes Webzyn’s terms of service a refund will not be issued in the event of a cancellation.

Any abuse of our staff in any format or medium will result in the suspension or termination of your services.

Customers may cancel their account at any time provided that their account is fully paid up. Your account balance can be checked by sending accounts@webzyn.co.za an email requesting a statement.

Once an account is cancelled, all data pertaining to the account will be removed from our servers.

Fees charged on a prepay basis are non-refundable.

10) Privacy Policy

We will not share your private ( personally-identifiable ) information with any third party unless required to do so by a member of law enforcement authorities, or to protect others.

We may need to give out your hosting login details to our 3rd level engineers at the respective data centers in order to support you further. Information send via email will be used to support you for billing and hosting support requests by the respective engineers.

11) Customer checks, Credit Bureau

We may check your credit history on the credit bureau. The information obtained will be used to confirm your payment history, contact details and to see if your account is within the risk profile we are willing to accommodate / service.

We may refuse service to customers whom we feel are at risk of not paying their account on time and in full.

12) Arbitration

If any issue needs to go to arbitration or legal assistance – this must be done within the city of Webzyn’s choice. Arbitration may only be done on an individual bases.

13) Indemnification

Webzyn reserves the right to refuse service and/or access to its servers to anyone. Webzyn reserves the right to move your domain to a different web server without previous notice. We will however make every effort to keep your sites uptime at 100% during this process.

Webzyn does not allow any of the following content to be stored on its servers:

Explicit Adult material – includes all pornography, erotic images, or otherwise lewd or obscene content.

Excessive download content or non-linked content.

Off-site backups.

Spam, Phishing and any such illegal activities.

Illegal content – according to South African or USA Federal, State or City law

Copyright media which you do not own the copyright to.

Account usage for backup purposes

Sites with banners, graphics or cgi’s running from their domain being used on other domains.

Sites with immense graphic archives or galleries.

Sites offering immense download archives, such as .zip, .tar, .rar, .GZ and so on.

Sites running large chat room gatherings.

Topsites

IRC Scripts and Bots of any kind unless it was explicitly permitted by management

Proxy scripts/anonymizers

Image hosting similar to Photobucket, Twitpic, Imageshack and others

AutoSurf/PTC/PTS/PPC sites

IP scanners

Bruteforce Programs/Scripts/Applications

Mail Bombers/Spam Scripts

Banner-Ad services (commercial banner ad rotation)

File Dump/Mirror similar to Rapidshare and others

Audio Streaming with more than one or two streams

Escrow, Bank Debentures, Bank Debenture Trading programs and sites

High-Yield Interest Programs (HYIP) or related sites

Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme and such)

Prime Banks Programs

Lottery sites

MUDs/RPGs/PBBGs

Hacker focused sites/archives/programs

Sites promoting illegal activities

Forums and/or websites that distribute or link to warez/pirated/illegal content

Fraudulent Sites of any kind

Mailer Pro hosting sites

Sale of any controlled substance without prior proof of appropriate permit(s)

Refusal of service is entirely at the unfettered discretion of Webzyn.

Customer agrees that it shall defend, indemnify, save and hold Webzyn harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against any of the afore mentioned, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold to customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Webzyn against liabilities arising out of; (1) any injury, financial loss, to person or property caused by any products sold or otherwise distributed in connection with Webzyn; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Webzyn.

13b) Backup Policy

Backups are kept for a period of 7 to 10 days. Once an account is terminated from our system, the backups are removed as well. We do a weekly snap shot of your website database and emails stored on the server. We keep one copy of your hosting accounts backup and do not provide an incremental backup service.

We advise all clients to make periodic backups of their websites by downloading a copy of their website and data to their local personal computer.

14) Disclaimer

Webzyn will not be responsible for any damages you or your business may suffer. Webzyn makes no warranties of any kind, expressed or implied for services we provide. Webzyn does back up your data/website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, Webzyn cannot guarantee to be able to replace lost data. Webzyn disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non deliveries, wrong delivery, and any and all service interruptions.Webzyn reserves the right to revise its policies and terms and conditions at any time.

By signing up for any of our services you agree to be bound by all Webzyn terms and conditions.

Our terms and conditions may be updated from time to time, please be sure to keep updated by referring to this document regularly.

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