Webcomm Systems

Hosting Contract Between “The Client” and Webcomm Systems cc “Webcomm”

This agreement is a contract between yourself (“the client”) and Webcomm Systems cc and applies to the use of the Webcomm Systems hosting service.

In this agreement “the client” refers to yourself, unless otherwise stated, “Webcomm” will refer to Webcomm Systems cc and its affiliates, directors, employees, agents and contractors.

By signing this agreement, the client agrees to the terms and conditions of this agreement. The client further agrees that this agreement forms a legally binding contract between the client and Webcomm.

Financial Arrangements

1. The client agrees to a 6 (six) month contract, beginning upon the initial Webcomm transaction.

2.The first month’s payment will be due upon time of account activation.

3.This agreement will automatically renew for successive 5 months unless cancelled in writing prior to the renewal date.

Material and products

1.The client will provide Webcomm with material and data in a condition that is “server – ready”, which is in a form requiring no additional manipulation on the part of Webcomm, who shall make no effort to validate this information for content, correctness or usability.

2.Use of this service requires a certain level of knowledge in the use of internet languages, protocols and software. This level of knowledge varies depending on the anticipated use of desired content of server space by the client.

3.Although Webcomm is willing to provide technical support, you agree that it is not the obligation of Webcomm to provide this knowledge or customer support outside the defined service of Webcomm.

4.Webcomm makes no warranties or representation of any kind, whether expressed or implied for the service it is providing. Webcomm also disclaims any warranty of merchantability or fitness for particular purposes and will not be responsible for any damages that may be suffered by the client, including loss of data resulting from delays, non – deliveries or service interruptions by any cause or errors or omissions of the client. Use of any information obtained by way of Webcomm is at the clients own risk, and Webcomm specifically denies any responsibility for the accuracy or quality of information obtained through its services. Webcomm expressly limits its damages to the client for any non – accessibility time or other down time to the pro rata monthly charges during the system unavailability. Webcomm specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

Software

Webcomm makes no representations, warranties or assurances that the client’s equipment will be compatible with the service.

Internet etiquette

Electronic forums such as mail distribution lists and newsgroups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of Webcomm may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Webcomm staff. All messages transmitted via Webcomm should correctly identify the sender. The client may not alter the attribution or origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or network and must not attempt to gain unauthorized access.

In addition, the use of unsolicited bulk email (SPAM) for advertising, promotion or other purposes is forbidden. Such practices will not be tolerated and are grounds for contract termination. This applies both to email sent from any Webcomm server and to email sent from other servers making reference to a website on a Webcomm server.

Termination

This agreement may be terminated by either party. Not withstanding the above, Webcomm may terminate service under this agreement at any time, without penalty, if the client fails to comply with the terms of this agreement.

Limited liability

The client expressly agrees that the use of Webcomm servers is at the client’s sole risk. Neither Webcomm, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that the Webcomm service will not be interrupted or error free, nor do they make any warranty as to the results that may be obtained from the use of the server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the service, unless otherwise expressly stated in this agreement.

Under no circumstances shall Webcomm its offices, agents or any one else involved in creating producing or distributing Webcomm server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Webcomm server service, or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission of any failure of performance whether or not limited to acts of God or communication failure. The client hereby acknowledges that this paragraph shall apply to all content on the Webcomm server.

Lawful purpose

Clients may only use Webcomm servers for lawful purposes. Transmission of any material in violation of any federal, state or local regulation is prohibited. This includes, but is not limited to material legally judged to be threatening or obscene, pornographic, profane or material protected by trade secrets.

Furthermore, Webcomm expressly forbids anyone from using Webcomm servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of the Webcomm administration.

Indemnification

Attorney fees and expenses the client agrees that it shall defend, indemnify, save and hold Webcomm harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney fees, asserted against Webcomm, its agents or result from any service provided or performed or agreed to be performed or any product sold by the client, its agents, employees or assigns. The client agrees to defend, indemnify and hold harmless Webcomm against liabilities arising out of:

(i) any injury to person or property caused by any products sold or otherwise distributed in connection with Webcomm servers;

(ii) any material supplied by the client infringing or allegedly infringing on the proprietary rights of a third party;

(iii) copyright infringement and

(iv) any defective product which the client sold on Webcomm servers.

Contract revisions

Revisions to this contract will be applicable to previous contracts. Revisions will be considered agreed to by the client on renewal of Webcomm services as specified in Section 1 Financial Agreement.

Changes

Prices, terms and conditions are subject to change at any time upon written notice to the client. If any change is unsatisfactory to the client, the client may cancel the contract by written notice to Webcomm within thirty (30) days form the effective date of the change.

Warranty

A. The client warrants to have the full right and power to grant the rights to use the materials embodying the names, words, recordings, likenesses, identity, and performances of the photographers, artists and/or performers, free and clear of any rights or claims by the owners or any others, and shall indemnify and hold Webcomm, its agents, owners, employees, licensees, successors and assigns holy harmless from any loss, liability, damage, cost of expense (including reasonable legal fees) from any claims by the owners or others arising from the use or any derivatives of the materials given to Webcomm to incorporate into the customers internet and web presence for promotional purposes.

B. Webcomm warrants that the services to be provided will be performed in a reasonable time frame and be consistent with the specification of services outlined in the prevailing price list.

C. The foregoing warranties are exclusive remedies and are in lieu of all other warranties, express or implied, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose. Webcomm will not be responsible under any part of this agreement for consequential or incidental damages.

Refusal or discontinuance of service

Webcomm reserves the right to refuse or discontinue service to anyone at Webcomm’s sole discretion. Webcomm may deny the client access to all or part of the service without notice if the client engages in any conduct or activities that Webcomm in its sole discretion believes violates any of the terms and conditions in this agreement. Webcomm shall have no responsibility to notify any third – party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. The client agrees that Webcomm has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers, Webcomm reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.

Security

The client agrees that the security of the clients account is solely the clients own responsibility. The client further agrees that if the client believes the security of the clients account has been compromised in any way, the client will notify Webcomm immediately by telephone at 082 960 5462 and in writing by email to admin@webcomm.co.za The client shall be held fully responsible for any misuse or compromise to the clients account for which Webcomm is not properly notified. The client agrees that if any security violations are believed to have occurred in association with the clients account, Webcomm has the right to suspend access to the account pending an investigation and resolution. The client also agrees that Webcomm has the right to co – operate in any government or legal investigation regarding any aspect of our services, including services sold to the client… any use of our system to engage in software piracy or other violations of law will result in account suspensions and be immediately reported to the appropriate authorities.

Backup of data

The client’s use of the service is at the client’s sole risk. Webcomm is not responsible for files and data residing on the clients account. The client agrees to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Webcomm servers.

Entire agreement and severability

This instrument constitutes the entire agreement between the parties, and represents the complete and entire understanding of the parties with respect to the subject matter of this agreement. This instrument supersedes any other agreement or understanding between the parties, whether written or oral. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement which it evidences shall remain in full force and effect.

Signed at ....................................................................On......................................................

...............................................................

Name: .......................................................................................

...................................................................................................

Name: ................................................................................................................... (Witness)






	Hosting Contract Between “The Client” and Webcomm Systems cc “Webcomm” This agreement is a contract between yourself (“the client”) and Webcomm Systems cc and applies to the use of the Webcomm Systems hosting service. In this agreement “the client” refers to yourself, unless otherwise stated, “Webcomm” will refer to Webcomm Systems cc and its affiliates, directors, employees, agents and contractors. By signing this agreement, the client agrees to the terms and conditions of this agreement. The client further agrees that this agreement forms a legally binding contract between the client and Webcomm. Financial Arrangements 1. The client agrees to a 6 (six) month contract, beginning upon the initial Webcomm transaction. 2.The first month’s payment will be due upon time of account activation. 3.This agreement will automatically renew for successive 5 months unless cancelled in writing prior to the renewal date. Material and products 1.The client will provide Webcomm with material and data in a condition that is “server – ready”, which is in a form requiring no additional manipulation on the part of Webcomm, who shall make no effort to validate this information for content, correctness or usability. 2.Use of this service requires a certain level of knowledge in the use of internet languages, protocols and software. This level of knowledge varies depending on the anticipated use of desired content of server space by the client. 3.Although Webcomm is willing to provide technical support, you agree that it is not the obligation of Webcomm to provide this knowledge or customer support outside the defined service of Webcomm. 4.Webcomm makes no warranties or representation of any kind, whether expressed or implied for the service it is providing. Webcomm also disclaims any warranty of merchantability or fitness for particular purposes and will not be responsible for any damages that may be suffered by the client, including loss of data resulting from delays, non – deliveries or service interruptions by any cause or errors or omissions of the client. Use of any information obtained by way of Webcomm is at the clients own risk, and Webcomm specifically denies any responsibility for the accuracy or quality of information obtained through its services. Webcomm expressly limits its damages to the client for any non – accessibility time or other down time to the pro rata monthly charges during the system unavailability. Webcomm specifically denies any responsibilities for any damages arising as a consequence of such unavailability. Software Webcomm makes no representations, warranties or assurances that the client’s equipment will be compatible with the service. Internet etiquette Electronic forums such as mail distribution lists and newsgroups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of Webcomm may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Webcomm staff. All messages transmitted via Webcomm should correctly identify the sender. The client may not alter the attribution or origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or network and must not attempt to gain unauthorized access. In addition, the use of unsolicited bulk email (SPAM) for advertising, promotion or other purposes is forbidden. Such practices will not be tolerated and are grounds for contract termination. This applies both to email sent from any Webcomm server and to email sent from other servers making reference to a website on a Webcomm server. Termination This agreement may be terminated by either party. Not withstanding the above, Webcomm may terminate service under this agreement at any time, without penalty, if the client fails to comply with the terms of this agreement. Limited liability The client expressly agrees that the use of Webcomm servers is at the client’s sole risk. Neither Webcomm, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that the Webcomm service will not be interrupted or error free, nor do they make any warranty as to the results that may be obtained from the use of the server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the service, unless otherwise expressly stated in this agreement. Under no circumstances shall Webcomm its offices, agents or any one else involved in creating producing or distributing Webcomm server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Webcomm server service, or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission of any failure of performance whether or not limited to acts of God or communication failure. The client hereby acknowledges that this paragraph shall apply to all content on the Webcomm server. Lawful purpose Clients may only use Webcomm servers for lawful purposes. Transmission of any material in violation of any federal, state or local regulation is prohibited. This includes, but is not limited to material legally judged to be threatening or obscene, pornographic, profane or material protected by trade secrets. Furthermore, Webcomm expressly forbids anyone from using Webcomm servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of the Webcomm administration. Indemnification Attorney fees and expenses the client agrees that it shall defend, indemnify, save and hold Webcomm harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney fees, asserted against Webcomm, its agents or result from any service provided or performed or agreed to be performed or any product sold by the client, its agents, employees or assigns. The client agrees to defend, indemnify and hold harmless Webcomm against liabilities arising out of: (i) any injury to person or property caused by any products sold or otherwise distributed in connection with Webcomm servers; (ii) any material supplied by the client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which the client sold on Webcomm servers. Contract revisions Revisions to this contract will be applicable to previous contracts. Revisions will be considered agreed to by the client on renewal of Webcomm services as specified in *Section 1 Financial Agreement. Changes* Prices, terms and conditions are subject to change at any time upon written notice to the client. If any change is unsatisfactory to the client, the client may cancel the contract by written notice to Webcomm within thirty (30) days form the effective date of the change. Warranty A. The client warrants to have the full right and power to grant the rights to use the materials embodying the names, words, recordings, likenesses, identity, and performances of the photographers, artists and/or performers, free and clear of any rights or claims by the owners or any others, and shall indemnify and hold Webcomm, its agents, owners, employees, licensees, successors and assigns holy harmless from any loss, liability, damage, cost of expense (including reasonable legal fees) from any claims by the owners or others arising from the use or any derivatives of the materials given to Webcomm to incorporate into the customers internet and web presence for promotional purposes. B. Webcomm warrants that the services to be provided will be performed in a reasonable time frame and be consistent with the specification of services outlined in the prevailing price list. C. The foregoing warranties are exclusive remedies and are in lieu of all other warranties, express or implied, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose. Webcomm will not be responsible under any part of this agreement for consequential or incidental damages. Refusal or discontinuance of service Webcomm reserves the right to refuse or discontinue service to anyone at Webcomm’s sole discretion. Webcomm may deny the client access to all or part of the service without notice if the client engages in any conduct or activities that Webcomm in its sole discretion believes violates any of the terms and conditions in this agreement. Webcomm shall have no responsibility to notify any third – party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. The client agrees that Webcomm has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers, Webcomm reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. Security The client agrees that the security of the clients account is solely the clients own responsibility. The client further agrees that if the client believes the security of the clients account has been compromised in any way, the client will notify Webcomm immediately by telephone at 082 960 5462 and in writing by email to admin@webcomm.co.za The client shall be held fully responsible for any misuse or compromise to the clients account for which Webcomm is not properly notified. The client agrees that if any security violations are believed to have occurred in association with the clients account, Webcomm has the right to suspend access to the account pending an investigation and resolution. The client also agrees that Webcomm has the right to co – operate in any government or legal investigation regarding any aspect of our services, including services sold to the client… any use of our system to engage in software piracy or other violations of law will result in account suspensions and be immediately reported to the appropriate authorities. Backup of data The client’s use of the service is at the client’s sole risk. Webcomm is not responsible for files and data residing on the clients account. The client agrees to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Webcomm servers. Entire agreement and severability This instrument constitutes the entire agreement between the parties, and represents the complete and entire understanding of the parties with respect to the subject matter of this agreement. This instrument supersedes any other agreement or understanding between the parties, whether written or oral. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement which it evidences shall remain in full force and effect. Signed at ....................................................................On...................................................... ............................................................... Name: ....................................................................................... ................................................................................................... Name: ................................................................................................................... (Witness)
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