BetterConnect hereby agrees to provide Web-site hosting &/or Site Creation Services to the CLIENT, subject to the following terms and conditions: 1. These TERMS constitute an AGREEMENT between BetterConnect and the person or legal entity applying for Web Hosting &/or Site Creation Services, herein after referred to as the CLIENT. The CLIENT agrees that by submitting this application on-line, their signature will not be required. The CLIENT also acknowledges that all information submitted is true and correct to the best of their knowledge. 1. BETTERCONNECT SERVICES: ___________________________________________________________ BetterConnect agrees to provide web-site hosting and related site creation services to the CLIENT, subject to the following terms and conditions: 2. RESPONSIBILTY FOR CONTENT: ___________________________________________________________ 2.1. BetterConnect does not take responsibility for any CLIENT website or email content whatsoever. 2.2. the CLIENT hereby indemnifies BetterConnect against any action brought on by a third party as a result of content on their website 3. DATA BELONGING TO THE CLIENT: ___________________________________________________________ 3.1. BetterConnect does not backup any client data. 3.2. Data on BETTERCONNECT'S severs belonging to the CLIENT is not the responsibilty of BETTERCONNECT. 3.3. BetterConnect can not be held responsible for any defacing of websites held on the BetterConnect or third party servers due to hacking or other actions by any third party. 3.4. BetterConnect cannot be held responsible creating or maintaining backups of any data of the CLIENTS held on it's servers or any third party servers whatsoever. 4. VIRUS SCANNING OF EMAIL: ___________________________________________________________ 4.1. BetterConnect does not guarantee incoming email will be scanned for viruses. 4.2. BetterConnect cannot be held liable for viruses or damage caused by viruses transmitted by its or third party servers. 5. DOMAIN NAME DISPUTES: ___________________________________________________________ 5.1. BetterConnect will not be held liable for any legal issues resulting from domain name registrations or renewals. 5.2. the CLIENT is held responsible for the domain renewal fees which shall be debited from the CLIENTS account on the anniversary of the domain registration. 6. FREE DOMAIN NAMES: ___________________________________________________________ 6.1. BetterConnect offers the CLIENT the option of free domain registration under the following conditions. 6.2. Only local ".co.za" domain names fall under the FREE registration option 6.3. By registering a FREE domain with BetterConnect, you enter into a minimum hosting contract of one year with BetterConnect. 6.4.the CLIENT is responsible for the entire outstanding period of the year should they wish to cancel their hosting contract. 7. TRANSFERS OF DOMAIN NAMES : ___________________________________________________________ 7.2. BetterConnect will send through the first ticket at no charge to the CLIENT. Any further ticket applications shall be at the expense of the CLIENT 7.3. The hosting fee is applicable from the date the DNS is setup on our servers. 8. SITECREATOR STUDIO ___________________________________________________________ 8.1. SiteCreator Studio is leased to the CLIENT for the duration of the hosting agreement between BetterConnect and the CLIENT 8.2. The layout and design of the SiteCreator is deemed the property of BetterConnect and is copyrighted, no duplication by any means is permitted. 8.3. Sites utilizing the SiteCreator Studio will only be viewable whilst the CLIENT is hosting with BetterConnect. 8.4. Should the CLIENT terminate the SiteCreator agreement, their website data shall remain the property of BetterConnect 8.5. Site displayed via SiteCreator are copyrighted to BetterConnect and may not be hosted on any other service without written permission from BetterConnect. 8.6. the CLIENT is reponsible for ensuring they have the legal rights to utilise all data uploaded to the SiteCreator. 9. DEBIT ORDER PAYMENTS : ___________________________________________________________ 9.1. The CLIENT agrees that submitting their banking details via fax or on-line to BetterConnect constitutes the authorization to debit the CLIENTS account with the relevant amount pertaining to the hosting platform or SiteCreator payment option chosen, or / and any other fees outstanding. 9.2. The debit orders normally run on the 27th day of each month depending on public holidays and weekends. 9.3. The first time the debit order runs, it will normally include a pro-rata hosting fee, as well as the following months hosting fee (a month in advance). In the case of a SiteCreator website, the debit order shall be for two months in advance. 9.4. The CLIENT is responsible for all fees incurred as a result of a debit order being returned by their bank. 10. RETURNED DEBIT ORDER ADMINISTRATION FEE: ___________________________________________________________ 10.1. BetterConnect reserves the right to charge the CLIENT a fee for all debit orders being returned by the CLIENTS bank. 10.2. The administration fee is currently R50.00 per debit order. 10.3. The transfer of existing domains is free for the first ticket sent, thereafter an administration fee is charged at R250 per hour or part thereof and deducted from the CLIENTS first hosting month. 11. OUR BILLING POLICY: ___________________________________________________________ 11.1. Any accounts that are in arrears for longer than one calendar month, may be deemed cancelled and BetterConnect reserves the right to delete all information pertaining to the account. 11.2. The CLIENT is responsible for all collection costs and attorney's fees on any outstanding amounts. 11.3. The fee for the hosting service is payable in advance. 11.4 SiteCreator website subscriptions are to be paid two months in advance. 11.5. BetterConnect will debit the CLIENTS account on the anniversary of the domain registration with the domain renewal fee. 11.6. All overdue accounts shall be charged interest on a monthly basis. 11.7. All subscriptions are renewed automatically unless otherwise stated. 12. REFUNDS: ___________________________________________________________ 12.1 BetterConnect will not be held liable for incorrect domain registration if the domain registered is the same as the domain name shown on the application form. 13. ACCOUNT SUSPENSION: ___________________________________________________________ 13.1. BetterConnect shall suspend the CLIENTS website on receiving a returned debit order from their bank. 13.2. 24hrs notice to suspend a website domain shall be given upon a returned debit order from the CLIENTS bank. 13.3. BetterConnect cannot be held liable for any losses whatsoever as a result of a site suspension including business interupption or other damages whatsoever. 13.4. The CLIENT remains responsible for the monthly hosting fee regardless of the site being suspended or not. 14. TERMINATION OF CONTRACT: ___________________________________________________________ 14.1. BetterConnect reserves the right to terminate this agreement if the CLIENT is held in breech of any of the terms and conditions outlined on this page. 14.2. Upon termination, the CLIENT is responsible for all outstanding money owing to BetterConnect. 14.3. BetterConnect requires one calendar month notice, in writing, and faxed to (031) 303 2197, for any termination of the hosting agreement. 14.4. If the CLIENT requested a FREE domain registration, the minimum period of the hosting contract is 1 year. 14.5. The SiteCreator websites are only valid whilst hosting with BetterConnect. If the CLIENT requires the cancellation of the hosting agreement with BetterConnect, the website created with the SiteCreator will, by default, fall away and will remain the property of BetterConnect. 14.6 The minimum contract for a SiteCreator website is 1(one) year and is renewable every consecutive 6 months, unless an arrangement has been made between BetterConnect and the CLIENT. 15. APPLICATIONS FOR NEW SERVICE: ___________________________________________________________ 15.1. BetterConnect reserves the right to decline any web hosting application whatsoever without giving a reason. Submission of an online application form is no guarantee of acceptance by BetterConnect. 16. ACCEPTANCE OF TERMS: ___________________________________________________________ 16.1. By using the services of BetterConnect, the CLIENT hereby accepts the terms and conditions contained in this agreement and any amendments which may be added from time to time. (Version 1.0 - Last Updated 07 September 2004)