Terms of Use
Updated: 30 March 2015
These hosting terms & conditions is between Angulate Media and the person (Client) who places a service order online. The purpose of these terms is to protect you as well as us.
We reserve the right to change these terms at any time, please check back regularly for updates.
Account Activation
- You agree that Angulate Media may request proof of identity before activating any accounts.
Payment & payment terms
- Fees are payable in advance on the first day of each month for that month's service.
- The billing cycle will be a calendar month, quarterly, bi-annually or annually, as indicated on the order.
- The first service fee will include a prorated portion of the monthly fee for the first partial month of service plus the fee for the first full billing cycle if order is placed between the 25th & last day of the current month.
- Invoices are sent 7 days prior to the due date.
- We do not accept cash deposits. Cash deposits will carry a R16.50 service fee as charged by our bank, no services will be activated if the service fee is not paid.
- Angulate Media will charge an admin fee of R50 for unpaid debit orders payable by EFT.
- Angulate Media may suspend the service without notice if payment for the service is overdue.
- Angulate Media may terminate this Agreement at any time if our Acceptable Use Policy posted at //www.angulate.co.za/acceptable-use-policy (the "AUP") is violated, which is hereby incorporated by reference in this Agreement.
- You acknowledge that the amount of the fee for the service is based on the agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable.
Acceptable Use Policy
- You agree to use the service in compliance with applicable law and our AUP.
- You agree that Angulate Media may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on the use of our services.
- In the event of a dispute between Angulate Media and yourself regarding the interpretation of the AUP, Angulate Media's commercially reasonable interpretation of the AUP will govern.
Customer Information
- You agree that the information you have provided and will provide to Angulate Media for purposes of establishing and maintaining the service is accurate.
- If you are an individual, you agree that you are at least 18 years of age.
- Angulate Media may rely on the instructions of the person listed as the primary contact on the order.
Indemnification
- You agree to defend, indemnify and hold harmless Angulate Media, our affiliates and our respective directors, officers, employees and agents from and against all claims and expenses, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of your services in violation of applicable law or the AUP by yourself or any person using your login information, regardless of whether such person has been authorized to use the services by yourself.
Disclaimer of Warranties
- Angulate Media does not warrant or guarantee that the services will be uninterrupted, error-free, or completely secure. To the extent permitted by applicable law Angulate Media disclaims any and all warranties including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. To the extent permitted by applicable law, all services are provided on an "as is" basis.
Limitation of Damages
- Neither party will be liable to the other for any lost profits, or any indirect, special, incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.
- Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of Angulate Media and any of our employees, agents or affiliates, under any theory of law (including breach of contract, tort, strict liability, and infringement) will be a payment of money not to exceed the amount payable by you for three months of service.
- You acknowledge that you are solely responsible for interactions with end users of your site or service. To the extent permitted under applicable laws, you hereby releases Angulate Media from any and all claims or liability related to any product or service of an end user, any action or inaction by an end user, including end user's failure to comply with applicable law, and any conduct or speech, whether online or offline, of any end user.
Suspension
- You agree that Angulate Media may suspend or terminate services to you without notice and without liability if:
- Angulate Media reasonably believes that the services are being used in violation of our AUP;
- You fail to cooperate with any reasonable investigation of any suspected violation of the AUP;
- Angulate Media reasonably believes that the suspension of service is necessary to protect our network or our other customers,
- or as requested by a law enforcement or regulatory agency.
- You agree that services will be suspended 3 days after the 3rd and final payment reminder if we have not received payment.
- All outstanding fees must be settled before an account is un-suspended.
Termination
- Your account may be terminated by Angulate Media prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows:
- Upon thirty (30) days notice if you are overdue on the payment of any amount due under the Agreement;
- You materially violate any other provision of the Agreement, including the AUP, and fail to cure the violation within thirty (30) days of a written notice from Angulate Media describing the violation in reasonable detail;
- Immediately if your service is used in violation of a material term of the AUP more than once,
- Either party may terminate this agreement upon ten (30) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
- You agree that you will not have any rights to IP addresses, software licenses or any other intellectual property owned by Angulate Media or it's partners once the service is terminated.
Refusal of Service
- Angulate Media reserves the right to refuse service to any person/group/organization at any time for any reason at our sole discretion.
- Angulate Media reserves the right to terminate or suspend any client service(s) at anytime for any reason at our sole discretion.
Cancellation
- Cancellations must either be done in writing and sent to accounts@angulate.co.za.
- a 30 Day notice period is applicable for cancellations.
- All outstanding invoices must be paid before an account is cancelled or once cancellation has been requested.
- Once an account is terminated it is removed from all our servers. A backup copy of your data will be kept for a maximum of 15 days after cancellation.
Backups
- All shared hosting accounts will be backed up daily excluding:
- Email residing on shared servers
- Data not required for websites to function
- We do not imply or guarantee the integrity of these backups.
- You agree to maintain a current copy of all content hosted by Angulate Media notwithstanding any agreement by Angulate Media to provide backup services.
Force Majeure
- Angulate Media will not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Angulate Media's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
Notices
- Notices to Angulate Media will be given via electronic mail to the info@angulate.co.za.
- Notices to you will be given via electronic mail to the individual listed as the Primary Customer Contact on the Order.
- Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered.