(¯`·.¸(¯`·.¸ ALTONet.co.za ¸.·´¯)¸.·´¯) - Dial-up Access Web Hosting Networking E-mail Accounts Domain Name Registration E-commerce CGI Scripts

Please read the following Terms & Conditions
before signing up for any ALTONet service.

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.

7. DOMAIN NAMES AND DOMAIN NAMES DISPUTES:
a. ALTO Network Communications (PTY) Ltd will not be held liable for any disputes arising out of domain name registrations or domain name hosting on behalf of the client.

b. ALTO Network Communications (PTY) Ltd will not be held liable for any losses or damages the client may suffer due to a domain name being reallocated, transferred or deleted by any Domain Name Authority or NIC.

c. ALTO Network Communications (PTY) Ltd will not issue any credits for domain names where the client has requested the wrong domain name to be registered. By submitting a domain name registration form, the client confirms that he/she has completed the registration form correctly and that the domain name that he/she has entered is correct.

d. ALTO Network Communications (PTY) Ltd reserves the right to take ownership of any domain name upon cancellation by the client should the client not specify any action to be taken in regards to ownership or transfer of the domain name.

e. ALTO Network Communications (PTY) Ltd requires 24 hours written notification via fax prior to releasing any domain name. Where the client has not notified ALTO Network Communications (PTY) Ltd of his intention to transfer or move a domain name, all transfer requests will be declined.

f. ALTO Network Communications (PTY) Ltd will retain the ownership of the domain name in the event of the client's accounts not being settled in full on termination of the hosting agreement.

8. CONTRACT TERMINATION: 
a. In the event that ALTO Network Communications (PTY) Ltd at any time reasonably believes that the Customer is in breach of any of the terms and conditions contained in this agreement or is using ALTO Network Communications (PTY) Ltd’ services in an unacceptable manner, ALTO Network Communications (PTY) Ltd may immediately terminate this agreement without liability.

b. ALTO Network Communications (PTY) Ltd may terminate this contract with 30 days notice to the Customer for any reason or for no reason.

c. The customer may terminate this contract at any time by giving ALTO Network Communications (PTY) Ltd no less than 30 days written notification which must co-inside with the last day of the billing period. Such written notification must be sent by either FAX or registered mail.

d. At the time of cancellation notification, the customer shall be responsible for the entire amount of any outstanding fees due.

e. All goods and services supplied by ALTO Network Communications (PTY) Ltd remain the property of ALTO Network Communications (PTY) Ltd until such goods or services have been paid for in full. The Customer is not entitled to sell or dispose of any goods / services unpaid for without the prior written consent of ALTO Network Communications (PTY) Ltd.

9. LEGAL AGE/AUTHORISATION: 
a. Member certifies that he/she is of legal age in the country of his/her residence to enter into this agreement.

b. Where acting on behalf of a Partnership, Close Corporation, PTY (Ltd), LTD or any other form of company/legal entity, the member hereby confirms that he/she has the full permission/authority to act on behalf said legal entity.

10. AMENDMENTS:
ALTO Network Communications (PTY) Ltd reserves the right to make amendments or changes to this agreement from time to time. ALTO Network Communications (PTY) Ltd will notify all customers via e-mail when changes are made.

11. CESSION, DELEGATION OR ASSIGNMENT:
Subscriber shall not be entitled to cede its rights or assign its obligations in terms of this Agreement to any third party without the prior written consent of ALTO Network Communications (PTY) Ltd, which consent may not be unreasonably withheld.

12. DOMICILIUM:
For all purposes, including the giving of any notice, the making of any communication and the serving of any process, ALTO Network Communications (PTY) Ltd and Subscriber respectively choose their domicilium citandi et executandi (“domicilium”) at their respective street addresses and telefax number appearing on the face hereof. Either party shall be entitled from time to time to vary its domicilium provided that any address selected by it shall be situate in South Africa and any such variation shall only become effective upon receipt of notice in writing by the other party of such variation. Any notice which either party may give to the other shall be posted by prepaid registered post or hand delivered or sent by telefax to the other party’s domicilium.

13. LITIGATION AND ATTORNEY'S FEES:
In the event of any dispute arising out of or relating to this agreement, such dispute shall be resolved in Johannesburg, South Africa.

The Customer shall be liable to ALTO Network Communications (PTY) Ltd for all legal expenses on the Attorney Client scale of an Attorney and Counsel incurred by ALTO Network Communications (PTY) Ltd in the event of (a) any default by the Customer or (b) any litigation in regard to the validity and enforceability of this agreement. The Customer will also be liable for any collection or valuation fees incurred. The Customer agrees that ALTO Network Communications (PTY) Ltd shall not be liable to make payment of security into Court in terms of section 62 of the Magistrate’s Court Act, as amended. The Customer hereby consents to the jurisdiction of the Magistrates Court. The Customer chooses Domicilium citandi et executandi for services of all documents and processes the address entered in on the hosting application form.

14. ENTIRE AGREEMENT AND SEVERABILITY:
This represents the complete agreement and understanding between ALTO Network Communications (PTY) Ltd and Customer with respect to the subject matter herein. In the event that any term or provision of this agreement is held by a court to be unenforceable, then the remaining provisions shall remain in full force and effect.

15. ACCEPTANCE OF TERMS:
Use of ALTO Network Communications (PTY) Ltd services constitutes acceptance of the terms and conditions contained in this agreement and any amendments thereto as well as acceptance to ALTO Network Communications (PTY) Ltd’s Acceptable Use Policy.

Do you accept all ALTONet Terms & Conditions?