THIS
AGREEMENT is made between ALTO Network Communications (PTY) Ltd
also known as ALTONet and the "customer"/"client".
1. SERVICES:
ALTO Network Communications (PTY) Ltd agrees to provide website
hosting and/or internet access and/or email and other Internet
/ SMS or Network services to which the customer has subscribed,
subject to the following terms and conditions.
2. CONTENT AND INDEMNIFICATION:
Customer acknowledges that ALTO Network Communications (PTY) Ltd
does not regulate or take any responsibility for the content of
the clients websites, email, sms messages or any other service
rendered by ALTO Network Communications (PTY) Ltd or for the security
of customer's password.
ALTO Network Communications (PTY) Ltd, with effect from the effective
date, hereby grants to the subscriber the use and enjoyment of
its computer network to gain entry to the Internet (“access”)
on the terms and conditions set out herein.
a. ALTO Network Communications (PTY) Ltd, with effect from the
effective date, hereby grants to the subscriber the use and enjoyment
of its computer network to gain entry to the Internet (“access”)
or related hosting / network services on the terms and conditions
set out herein.
b. The subscriber hereby acknowledges receipt of such services
and agrees to be bound by these Terms & Conditions along with
ALTO Network Communications (PTY) Ltd's Acceptable Use Policy
and all other Policies as posted on the ALTO Network Communications
(PTY) Ltd website.
c. The customer agrees that the use and security of his/her passwords
is solely their responsibility.
d. Not to give or make available in any way his/her personal log-in
ID and password to any person for such person's use ("unauthorized
use") and undertakes to maintain the confidentiality of such
log-in ID and password.
e. The customer agrees that if he/she believes the security of
their account has been compromised in any way, that he/she will
notify ALTO Network Communications (PTY) Ltd immediately.
f. Static IP addresses are rented to the client by Alto Network
Communications (PTY) Ltd on a monthly basis only and is not a
standard service.
g. SMS messages sent via the ALTO Network Communications (PTY)
Ltd SMS Messaging System will be sent out via the Vodacom Network.
Delays in message delivery due to network problems on either the
Vodacom Network or any other cell phone providers network is beyond
the control of ALTO Network Communications (PTY) Ltd and ALTO
Network Communications (PTY) Ltd cannot be held responsible in
any way by the client.
h. The customer warrants that he/she has all rights necessary
to lawfully submit any information or materials that he/she is
uploading transmitting to or via ALTO Network Communications (PTY)
Ltd, including all intellectual property rights.
i. The customer agrees to indemnify ALTO Network Communications
(PTY) Ltd against any action brought by a third party as a result
of such material or information, or as a result of the customer's
use in any way of the services provided by ALTO Network Communications
(PTY) Ltd.
j. The customer acknowledges that he/she has read the ALTO Network
Communications (PTY) Ltd Acceptable
Use Policy and hereby agrees to abide by and conform to all
points as set out in the Acceptable Use Policy.
3. TRADEMARKS & COPYRIGHTS:
The member warrants that he/she has the right to use any trademarks
and service marks which the member may choose to use in it's domain
name, on his website or any related product or service. ALTO Network
Communications (PTY) Ltd cannot be held responsible in the event
of a client infringing on any intellectual or property copyright.
4. NO WARRANTIES:
ALTO Network Communications (PTY) Ltd makes no warranties of any
kind, whether express or implied, for the services to be provided
hereunder.
a. The customer agrees that ALTO Network Communications (PTY)
Ltd shall not be liable for any losses or damages of any kind
to the customer, including but not limited to, loss that may result
from service interruption, delays in account activation, delays
in general, non-deliveries, or misdeliveries no matter what the
cause might be.
b. ALTO Network Communications (PTY) Ltd makes no warranties regarding
its ability to recover any lost file or information, regardless
of how or why the file / information was lost or deleted.
c. Use of the service is at the customer's sole risk. ALTO Network
Communications (PTY) Ltd is not responsible for files and data
residing on a client's account.
d. The client agrees to take full responsibility for files and
data transferred and to maintain all appropriate backup of files
and data stored on the ALTO Network Communications (PTY) Ltd network.
e. Under no circumstances will ALTO Network Communications (PTY)
Ltd be liable for any consequential damages or for any delictual
liability of any nature whatsoever.
f. ALTO Network Communications (PTY) Ltd may temporarily suspend
its obligations in terms of this agreement in order to service,
repair, maintain, upgrade, modify, alter, replace or improve any
of ALTO Network Communications (PTY) Ltd’ services. Where
the circumstances permit, ALTO Network Communications (PTY) Ltd
shall use its best endeavors to provide prior notice of any such
suspension to the client. The client shall not be entitled to
any setoff, discount, refund or other credit in respect of any
such suspension of service nor in respect of any suspension, which
is beyond ALTO Network Communications (PTY) Ltd control.
5. BILLING POLICY:
a. The change for a subscription to the service on a monthly basis
is a monthly fee, payable monthly in advance by the User to ALTO
Network Communications (PTY) Ltd, including a pro-rata charge
for the first month’s billing
b. Service invoices will be sent to the customer via electronic
mail in advance of receiving services. The customer agrees to
submit payment for all invoices upon receipt. Accounts not paid
in full by the 1st of every month are subject to immediate suspension.
Invoices will be issued to clients purchasing SMS messages online
via the SMS Message Backroom, only upon request.
c. The customer agrees that the purchase of SMS messages can only
be done online via the SMS Message Backroom and that payment can
only be made via Credit Card.
d. Payment is rendered without deduction, free of exchange or
set-off by way of debit order, credit card or in such manner as
determined by ALTO Network Communications (PTY) Ltd.
e. It is a condition of activation that details of a valid, unexpired
Credit Card, or a active bank account be provided for debit order
purposes. All amounts due to ALTO Network Communications (PTY)
Ltd will be recovered from the banking source given.
f. ALTO Network Communications (PTY) Ltd will not be held responsible
for any damages, losses, or claims as a result of an account being
suspended for non payment.
g. Accounts 30 days past due are subject to cancellation which
will result in the deletion of all of the customer's files, including
but not limited to web pages, email and databases. ALTO Network
Communications (PTY) Ltd reserves the right to withhold access
for overdue accounts, while the User shall continue to be liable
for the service until the conditions of notice of termination
are fulfilled
h. Without prejudice to rights granted to ALTO Network Communications
(PTY) Ltd in terms hereof, any amount due by the User to ALTO
Network Communications (PTY) Ltd not paid on due date thereof:
i) shall bear interest at a rate equal to the maximum allowable
in terms of the Usury Act, 1968, calculated daily in advance from
date payment was due until date of actual payment thereof; and
ii) should the client fail to pay any amount owing to ALTO Network
Communications (PTY) Ltd on due date, ALTO Network Communications
(PTY) Ltd shall be entitled, in its discretion and without prejudice
to any other rights which it may have, to cancel this agreement
without notice to the client, or to suspend performance of its
obligations pending full payment by the client.
i. ALTO Network Communications (PTY) Ltd shall be entitled to
take all such steps, without notice to the User, as may be necessary
to recover such outstanding amount. The User shall be liable to
pay all costs incurred in respect of the recovery of such outstanding
amount.
j. ALTO Network Communications (PTY) Ltd reserves the right to
levy a charge for handling fees at an amount determined by ALTO
Network Communications (PTY) Ltd for monies due in the event of
a User’s payment being returned or rejected by the User’s
bankers.
k. ALTO Network Communications (PTY) Ltd furthermore reserves
the right to blacklist with any or all credit bureau agencies
within the Republic of South Africa, any such User who fails to
comply with the payment agreement for subscription to the Service.
In addition, ALTO Network Communications (PTY) Ltd will not be
held responsible or be required to assist with the removing or
rescinding of any such information, which may be recorded by a
credit bureau agency.
l. The customer agrees that submission of Credit Card or Banking
Details to ALTO Network Communications (PTY) Ltd constitutes authorisation
by the customer for ALTO Network Communications (PTY) Ltd to bill
the specified Credit Card or Bank Account for all fees owed by
the customer to ALTO Network Communications (PTY) Ltd.
m. The Customer agrees that all setup fees where applicable and
monthly fees are non-refundable
n. The Customer agrees that unless he/she notifies ALTO Network
Communications (PTY) Ltd of his/her desire to cancel any or all
services received, those services will be billed on a recurring
basis.
o. The Signatory hereby binds himself/herself in his/her personal
capacity as co-debtor in solidum for the full amount due to ALTO
Network Communications (PTY) Ltd and agrees that the Standard
Conditions will apply mutatis mutandis to him/her and he/she renounces
the benefits of excursion and division.
p. ALTO Network Communications (PTY) Ltd reserves the right to
amend Service subscription charges at its sole discretion. ALTO
Network Communications (PTY) Ltd shall give the User 30 (thirty)
days notice of any such amendment and the User shall be bound
to such adjustments.
q. The client shall not be entitled to any setoff, discount, refund
or other credit in respect of any suspension or interruption of
or delay in service, or where in any month the client has utilised
less than any minimum bandwidth specified.
6. DEFINITION OF UNLIMITED BANDWIDTH:
The term "Unlimited" is often used within the Internet
Services community to describe services of which no hard limits
or per unit pricing are imposed, but which are nonetheless governed
by limitations of fair and reasonable use, often at the discretion
of the service provider. ALTO Network Communications (PTY) Ltd
offers some services with "Unlimited" bandwidth, which
bear no per unit charges, nor hard limits, but nonetheless are
governed by reasonable and fair use. This means that we will not
charge you for any bandwidth your account uses, nor will we impose
any hard limits on the amount of bandwidth that you can use, provided
said use is what ALTO Network Communications (PTY) Ltd in its
sole discretion deems to be reasonable.
If
at any time ALTO Network Communications (PTY) Ltd deems your bandwidth
usage to be abusive or unreasonable for the level of service you
have purchased, or your bandwidth usage threatens to impair the
quality of other users' service, ALTO Network Communications (PTY)
Ltd may, at its sole discretion take steps to limit the amount
of bandwidth you consume, or request you to upgrade to a higher
package. Special hosting packages can be designed for sites that
require higher than normal bandwidth. ALTO Network Communications
(PTY) Ltd will at no time attempt to collect payment for bandwidth
already used by a customer whose account grants them unlimited
bandwidth, regardless of the amount ALTO Network Communications
(PTY) Ltd does however reserve the right to charge the client
for any additional bandwidth he/she might require.
