Here’s the fine print when doing business with us, it’s lawyer-talk, our apologies, but it’s here to protect both yourself and us.
The Terms and Conditions for Web Assist (www.webassist.africa) owned by Web Assist (Pty) Ltd.
Indemnification Policy
You agree to use all Web Assist services and facilities at your own risk. Web Assist specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Web Assist be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Web Assist harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Web Assist, 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 by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Web Assist against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with Web Assist’s servers, network and services.
Web Assist reserves the right to intervene with any of the sites hosted on its servers and network in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third-party Copyright infringement any defective products sold to customer from Web Assist’s servers and network. Web Assist shall be the sole judge of what violates this Policy.
Billing
At this time we bill monthly, quarterly, semi-annually and annually, biannually and triennially depending upon the plan. If you are not satisfied within your first 30 days we would be happy to provide you with a full refund (For selected VPS & Servers the full 30-day refund does apply, to other VPS & Servers the 30-day full refund does not apply – see each product page for specific refund details. For Web Design and related products the money back guarantee does not apply. For some special offers the money-back-guaranteed day will be varied; and all Domain Name registration fees are non-refundable).
Billing amounts and prices can and will vary according to daily exchange rates for the currencies we support. For any queries in this regard feel free to contact Web Assist billing.
We accept Visa, Master Card, American Express, Discover Card. We will also be implementing alternate forms of payment e.g. Bitcoin and MasterPass and others. There are no contract periods unless specifically stated but for each successive period, your contract is automatically renewed unless we are notified otherwise, and as stated above those amounts are adjusted according to exchange rates.
Late Payments
All accounts are billed according to the dates they were first activated on.
Shared hosting – accounts with outstanding amounts will be suspended five (5) days after due date. Hosting accounts will be terminated thirty days (30) after payment due date if no payment is received.
VPS, Hybrid Servers, Dedicated Servers and Web Design Services like Website Packages etc. – will be suspended the day after due date and terminated five to 30 days (5 to 30) after due date, depending on the particular service.
Invoices are generated 5 to 7 days before due date and emailed to your email account specified in your profile. On certain products the time before due date an invoice is generated can vary e.g. to comply with ICANN regulations etc. Domain invoices e.g. will be invoiced at least 30 days before expiration date. An account overdue reminder email is sent the day after due date if no payment is received.
Website Packages or WaaS (Website as a Service)
Website Packages are offered as a subscription service with the website remaining the property of Web Assist. If however you’d like to e.g. move your hosting away and keep your website, a one-time payment equal to twelve months of your Website Package monthly amount will give you this option, your website then becomes yours to move away. Please note this payment amount does not include any software licenses subscriptions used in the building of the site e.g. plugins, outside software services etc. These plugin licenses if any, will be for your account once you leave Web Assist.
Acceptable Use Policy
All services provided by Web Assist may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any South African Country, Province or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Web Assist and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all Web Assist servers. This includes sites that include sexually explicit or hard-core images and/or advertising.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.
Subscriber further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Any other activity such as mail spamming, sending unsolicited email, and/or any other related activity is not allowed on our network or our services and can result in your account being suspended or terminated. Accounts suspended or terminated due to content or AUP (Acceptable Use Policy) violations are not refunded under any circumstances.
LIMITATION OF LIABILITY
Web Assist shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Web Assist servers going off-line or being unavailable for any reason whatsoever. Furthermore, Web Assist shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Web Assist servers. All damages shall be limited to the immediate termination of service.
DISCLAIMER
Web Assist cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Web Assist are resold. Thus, certain equipment, routing, software, and programming used by Web Assist are not directly owned or written by Web Assist. Moreover, Web Assist holds no responsibility for the use of our clients’ accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Web Assist sees fit. FURTHERMORE, Web Assist retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.