TERMS AND CONDITIONS
1. Important notice
1.1. You agree to provide Vast Exposure with true and correct information in order to render a service to you and you hereby give Vast Exposure permission to process your personal information.
1.2. You agree that these terms and conditions may change at any point and that it is your responsibility to regularly check for these changes.
1.3. You agree that failure to settle amounts outstanding on your Vast Exposure and/ or VE Host account will result in account suspension.
1.4. Acceptance of these terms and conditions for any given service is not applicable to other services.
1.5. You limit Vast Exposure’s liability and indemnify Vast Exposure for various acts or omissions.
2.1. “Vast Exposure” means Sahdsoft Technologies CC or any other entity which Sahdsoft Technologies CC may assign, cede or delegate any of their rights or obligations to. “VE Host” means Sahdsoft Technologies CC or any other entity which Sahdsoft Technologies CC may assign, cede or delegate any of their rights or obligations to. VE Host is a sister company of Vast Exposure and the preferred hosting company. All terms and conditions associated with VE Host must be adhered to and any violation thereof will result in violation of Vast Exposure’s terms and conditions.
2.2. “Client” is the party described as such on any application or service executed between it and Vast Exposure.
2.3. “Domain” means an internet subdomain registered with an authorised registrar appropriate to its top-level domain (“TLD”) and comprising its constituent domain name server records including, but not limited to, host names, aliases and mail exchange (“MX”) records.
2.4. “Website” means a single web page and/ or a collection of web pages and related content that is identified by a common domain name and published on at least one web server.
2.5. “Supplier” means a supplier of goods and/ or services to Vast Exposure.
3. Client obligations
3.1. The client confirms that all information provided to Vast Exposure is true and correct. Vast Exposure reserves the right to request further information to validate any given information.
3.2. Vast Exposure reserves the right to request verification of the identity of the primary account holder at any time. Failure to produce such verification may result in account suspension or cancellation of services.
3.3. Vast Exposure’s website and provided services have been developed to be used within the bounds of acceptable use. Vast Exposure reserves the right to suspend or terminate any accounts which abuse the VE Host platform and Vast Exposure services and products in any way.
3.4. Vast Exposure reserves the right to define what is considered acceptable use of the VE Host platform and Vast Exposure services and products.
3.5. Vast Exposure and VE Host reserve the right to remove any content hosted by clients which it considers illegal, offensive or contrary to the AUP.
3.6. Vast Exposure and VE Host reserves the right to suspend or terminate the account of any client found to be using Vast Exposure’s and VE Host’s services and/ or products to conduct any illegal or offensive practices. This is applicable to all services and/ or products provided by Vast Exposure and VE Host.
4. Availability of services
4.1. Vast Exposure cannot guarantee provision of requested services and/ or products upon receipt of the application.
4.2. Vast Exposure and VE Host will not be held liable for any downtime of services and/ or products resulting from matters outside of its control. We provide a best effort service managed by highly competent technical staff.
4.3. Vast Exposure and VE Host will not be held liable for downtime encountered as a result of misconfiguration of services (by the client), and/ or deletion or corruption of files necessary for correct functioning of these services (by the client). This includes changes made by the client to websites after the delivery of the product.
4.4. Vast Exposure reserves the right to terminate a particular service and/ or product offering after a 30-day notice period.
5. Payment for services
5.1. Vast Exposure and VE Host will not accept any liability or responsibility for delays, suspensions or impact to services due to use of non-approved payment methods by clients.
5.2. Vast Exposure and VE Host will not accept any liability or responsibility for any downtime encountered as a result of service suspension/ termination due to unpaid accounts.
5.3. Vast Exposure and VE Host reserve the right to suspend services for which there are outstanding fees past the payment due date for these services.
5.4. Vast Exposure accepts the following payment methods: credit/ debit card, bank transfers, PayFast system, ATM cash deposits. Deposits made at a bank teller will incur an additional service fee. Please see the Terms and Conditions of VE Host to view their accepted payment methods.
6. Debit order authorisation (payments to VE Host)
6.1. By accepting these terms, the client hereby authorizes VE Host to debit their nominated bank account or Visa/ Mastercard any variable amount pertaining to the service or products they have selected, on sign up for a calculated pro-rata and thereafter at the beginning of each month (or on signup entirely for purchase of non-service products). This sum being the amount for settlement of the monthly amount due by the client in respect of services or products. Please also see the VE Host website for more details relating to their accepted payment methods and associated Terms and Conditions.
6.2. The client authorises VE Host’s nominated agent to debit their bank account or Visa/ Mastercard on VE Host’s behalf (the “authorised party”). The debit authority will remain in force until such services or products are cancelled, subject to the condition that client agrees that debits related to cancellation notice periods will be honoured before the expiration of the debit authority.
6.3. The client agrees that the authorised party may freely cede, delegate or assign any of its rights or obligations in terms of this debit order instruction without consent from the client and that the client may not cede, delegate or assign any of their rights and obligations in terms of this debit order instruction to any third party without the prior written consent of the authorized party.
7. Term and termination
7.1. VE Host operates month-to-month contracts. Either the client or VE Host may terminate the agreement, of a particular service, by giving one calendar months’ notice to the other. For example, if notice is given on the 13th of December, termination will take effect on the 1st of February.
7.2. The client is able to terminate services through the VE Host client area and not through Vast Exposure, as Vast Exposure does not provide the hosting service. Should the client not want to terminate services via the client area, written notice of service cancellation is required to be sent to email@example.com. The client is responsible for ensuring that such cancellation of service is actioned with due attention to terms of cancellation, as well as cancellation conditions which require the client to specifically indicate a required process. Should the client incorrectly complete the cancellation process, VE Host will not be liable for any additional costs or compensation due to the error.
7.3. VE Host reserves the right to terminate any free services offered after a 30-day notice period.
8. Client information and privacy
8.1. Clients signing up for services as a primary contact are considered as “the client” and no other parties will be permitted access or authority to the client account, even if they are a 3rd party recipient or affiliate of the “client”.
8.2. Vast Exposure and VE Host will observe all privacy of information best practices, in accordance with the applicable laws of South Africa, including the Protection of Personal Information (POPI) Act, 2013 (Act no. 4 of 2013).
9.1. This section only applies if the client has a fully paid hosting package with VE Host. Any issues, concerns or security breaches experienced while a client has a hosting package with another service is not the responsibility of Vast Exposure and/ or VE Host. Templated websites are a once-off purchase, unless a monthly maintenance package has been selected.
9.2. VE Host has implemented software, hardware, and physical security measures in line with good industry practice to ensure the protection of your data. VE Host does not warrant that breaches in security will not take place.
9.3. Clients should take care to ensure that no malicious software is executed on the VE Host platform.
9.4. VE Host takes necessary measures to ensure that disaster recover procedures are followed completely in the unlikely event of a disaster (software or hardware). VE Host provides no guarantee that this recovery will be successful or completed within any given time period.
9.5. The client consents to give VE Host full permission to their account for investigation in the unlikely event of system compromise relating to that account.
10. Domain registration
10.1. Vast Exposure and VE Host register domains on the Internet through the relevant governing bodies and hosts websites and related material on the VE Host server(s) on behalf of clients. These terms and conditions apply to the use and registration of domain names and the web hosting services offered by VE Host. Vast Exposure and VE Host cannot be held accountable if the domain names provided by the client are not available. The client will be subsequently notified and new domain names will be provided by the client.
10.2. The client will be bound by the terms and conditions of the relevant domain name space (e.g. .com or .co.za) under which any domain name registered on its behalf falls, and should become familiar with them. Vast Exposure and VE Host may post links to these terms and conditions on the Vast Exposure and VE Host websites purely as a convenience to the client.
10.3. VE Host will strive to ensure that registration and subsequent DNS propagation is affected in the shortest period of time. However, VE Host cannot be held liable for any delays that may accompany the registration of domains. Initial setup fees are non-refundable. Domain name registration fees constitute a once-off payment subject to certain renewal charges.
10.4 The free .co.za domain which is included in your package only applies to the initial registration. Normal annual renewal fees apply after the initial registration.
11. Domain transfer
11.1. VE Host will transfer existing (registered) domains from existing hosting providers to VE Host’s DNS and web servers. Upon requesting the transfer, and accepting the relevant service terms, the client explicitly agrees that it has the authority to do so, being the registrant of the domain in question, or having been nominated as an agent of the registrant. The client thereby indemnifies VE Host from any disputes regarding ownership of the domain and any claims as a result thereof.
12.1. Cancellation, by the client or VE Host, will result in any data being permanently removed from VE Host’s servers. Clients are solely responsible for ensuring that backups are made of web content and email data, or any other data stored on their hosting space. VE Host will not be liable for loss of data, or be obliged to provide any such data once the hosting contract term has expired. Any backups made by VE Host will be made for legal purposes and not for data retention purposes and will not necessarily be made available to clients on request.
13. Registrant contact details for co.za, net.za, web.za and org.za
13.1. The registrant, being the legitimate beneficiary of the domain name service, is accurately identified on the domain name record (full legal name).
13.2. The registrant’s designated email address is accurately identified on the domain name record where prescribed.
14. Hosting services
14.1. Vast Exposure and VE Host reserve the right to refuse to sell, design and or host certain client’s websites and Vast Exposure and VE Host reserves the right to refuse to register certain client’s domains.
14.2. Vast Exposure and VE Host reserve the right to suggest suitable alternatives to the client and/ or charge for excessive traffic or system resources as it deems necessary, at its sole discretion.
14.3. VE Host reserves the right to move a website between web servers and internet backbones, both within South Africa and internationally as it deems necessary.
14.4. VE Host reserves the right (but does not assume any obligation) to inspect the contents of data that the client transmits, receives or stores on a VE Host server to ensure compliance with this agreement, or any applicable laws regulations or codes of practice.
14.5. The client must immediately and adequately respond to a denial of service attack (DOS/ DDOS). If the client’s facilities are targeted by a DOS attack that affects other network users, the client’s service will be suspended. Vast Exposure and VE Host cannot be held responsible or are obligated to respond to a DOS/ DDOS attack on a client’s website that is hosted by another hosting service.
14.6 VE Host is not required to troubleshoot any issues relating to software installations (WordPress, Zencart, Opencart, etc.) on your account. The only time this is a requirement is when VE Host has developed a website for the client. As Vast Exposure provides websites, troubleshooting can be conducted if the issue is related to the work conducted by Vast Exposure. Any issues relating to software installations after the final product has been delivered is not the responsibility of Vast Exposure. Maintenance packages can be purchased to assist with any future issues and/ or website content updates.
15.1. Clients are solely responsible for backing up their data and Vast Exposure and VE Host strongly encourages ALL hosting clients to do so as frequently and completely as possible. Vast Exposure and VE Host will not be liable for any data loss or any other losses or damages related to backups or data recovery without exception.
15.2. Vast Exposure and VE Host also cannot guarantee the condition or fitness of any backups provided. Such backups are provided “as is” and are used at the client’s own risk and discretion – whether restored by Vast Exposure and VE Host by instruction from clients or by clients themselves.
15.3. Vast Exposure and VE Host will not be liable for any losses or damages relating to any incidents arising out of such backups being provided (or not provided) to clients on request.
16. Email and SPAM
16.1. VE Host provides a spam and virus filtering system to protect clients from unsolicited mail and viruses. The client acknowledges that this system might incorrectly identify a valid message as spam or as a virus and consequently this message might not be delivered to the client. The client acknowledges and agrees that VE Host shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.
16.2. VE Host reserves the right to examine incoming or outgoing mail to the extent necessary to determine if it is classified as spam or malicious.
16.3. VE Host is not responsible for configuring emails on any email clients whatsoever. VE Host provides the platform which allows the accessibility of incoming and outgoing mails. Any configuration of email clients is to be management by the client’s IT administrator.
17. Retention of rights
17.1. Vast Exposure and VE Host makes no claim to the intellectual property (such as data) of clients on their website(s) as well as hosted on their servers. However, all equipment remains the property of VE Host and retention of data does not directly or indirectly give ownership of VE Host hardware to clients. Templated websites remain the property of Vast Exposure and retention of data does not directly or indirectly give ownership of Vast Exposures’ intellectual property to clients.
18. Software updates
18.1. VE Host is responsible for ensuring that operating system software pertaining to its servers is up to date.
18.2. VE Host is NOT responsible for ensuring that software installed on your account (WordPress, ZenCart, Opencart etc.) is up to date. This is the responsibility of the client, unless a maintenance package has been bought and paid for. This maintenance package includes software updates installed by Vast Exposure. The maintenance and/ or troubleshooting of any additional software, themes and/ or plugins installed by the client is not the responsibility of Vast Exposure and VE Host.
19. Limitation of liability and indemnity
19.1. VAST EXPOSURE AND VE HOST WILL NOT BE LIABLE TO THE CLIENT OR ANY THIRD PARTY IN RESPECT OF ANY AND ALL DAMAGES, LOSS, CLAIMS OR COSTS, OF WHATEVER NATURE AND INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, SUFFERED BY THE CLIENT OR THIRD PARTY, HOWSOEVER ARISING, AND VAST EXPOSURE AND VE HOST WILL MOREOVER NOT BE LIABLE WHETHER THE LOSS WAS THE RESULT OF THE ACT OR OMISSION OF A VAST EXPOSURE OR VE HOST EMPLOYEE, VICARIOUS OR STRICT LIABILITY.
19.2. In the event that Vast Exposure and/ or VE Host is nonetheless held liable, the quantum of Vast Exposure and/ or VE Host’s liability will not exceed the monthly or pro-rata fees due for the Service that occasioned the loss, in the preceding three (3) months, regardless of whether the claim arises out of negligence on the part of Vast Exposure and/ or VE Host or any other cause.
19.3. USE OF THE SERVICES INDICATES THAT THE CLIENT INDEMNIFIES AND HOLDS HARMLESS VAST EXPOSURE AND VE HOST IN RESPECT OF ANY DAMAGES, LOSS OR COSTS OR CLAIMS INSTITUTED AGAINST VAST EXPOSURE AND VE HOST ARISING FROM ANY APPLICATION OR SUBSCRIPTION TO OR USE OF ANY SERVICE OR BREACH OF THE TERMS AND CONDITIONS APPLICABLE TO IT.
19.4. These limitations on liability and indemnities apply to the benefit of Vast Exposure and/ or VE Host and Vast Exposure and/ or VE Host’s affiliates, directors, officers, employees, contractors, agents and other representatives, as well as any third parties whose networks are connected to the VE Host platform.
19.5. Nothing contained in this clause will limit the client’s liability in respect of charges incurred for ongoing services.
19.6. If the Consumer Protection Act, 2008 (Act no. 68 of 2008) is applicable to this agreement, and any provision of this clause is found by a court or tribunal with jurisdiction over Vast Exposure and/ or VE Host to be unfair, unreasonable or unjust, then that provision (whether it be a word, phrase or sub-clause) will be severed, and the remainder of this clause will have full force and effect.
19.7. In the case of ambiguity, this clause will take precedence over any expression of the parties’ intention, whether express or implied, that may be contained elsewhere in this agreement.
19.8. Vast Exposure and/ or VE Host has not and does not conduct pre-registration searches in respect of the client’s use and registration of its selected domain name/s and is therefore not obliged to either advise the domain name client about possible conflicting third-party rights or to take steps to ensure against possible disputes concerning a third party’s intellectual property or other rights.
19.9. Vast Exposure and/ or VE Host reserves the right to disclose pertinent information to registrars for public disclosure as per the terms and conditions of the registrar. Vast Exposure and/ or VE Host will not be held liable for any claims of infringement of privacy by fulfilling such registration conditions.
19.10. The client indemnifies Vast Exposure and/ or VE Host by warranting that the use or registration of the domain name by a client does not interfere with nor infringe the rights of any third party in any jurisdiction with respect to trademark, service mark, trade name, company name, close corporation name, copyright nor any other intellectual property right, and that client has the right to use the domain name as requested.
19.11. Vast Exposure and/ or VE Host cannot act as an arbiter of disputes arising out of the registration and use of domain names. At the same time, clients acknowledge that Vast Exposure and/ or VE Host may be presented with evidence that a domain name registered by a client violates the rights of a third party. In such instance Vast exposure and/ or VE Host shall be allowed to provide a complainant with the client’s name and address and all further communication will exclude Vast Exposure and/ or VE Host and Vast Exposure and/ or VE Host will have no further obligations to the client. In such instance the client shall be entitled to continue using the domain name registered for the client by Vast Exposure and/ or VE Host until a court or other body with jurisdiction directs otherwise.
19.12. Vast Exposure and/ or VE Host will not be liable for any loss or damage, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, delict, or otherwise which may be suffered as a result of or which may be attributable, directly or indirectly, to the use and/ or registration of the client’s selected domain names/s OR ANY ACTION TAKEN BY VAST EXPOSURE AND/ OR VE HOST IN RESPONSE TO THE ABUSE OF THE DOMAIN REGISTRATION SERVICES WHICH IT OFFERS.
19.13. The client hereby indemnifies and holds harmless Vast Exposure and/ or VE Host against any loss whatsoever arising from any dispute or claim or other action occasioned by the client’s use and registration of its selected domain name, even if Vast Exposure and/ or VE Host has been advised of the possibility of such damages.
19.14. Vast Exposure and/ or VE Host will not be liable for any indirect or consequential loss, damage, cost or expense of any kind, irrespective of how such damage or loss was caused, whether arising under contract, delict or otherwise, including, and not limited to, data loss or corruption, loss of profits, contracts, operation time and goodwill.
19.15. Neither Vast Exposure and/ or VE Host, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that VE Host’s hosting 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 hosting service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the VE Host hosting service, unless otherwise expressly stated in this Agreement.
19.16. VE Host expressly limits its liability to the client for damages suffered due to any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. VE Host specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
19.17. Vast Exposure and/ or VE Host is not responsible if an external company network and firewall is setup to block access to services that Vast Exposure and/ or VE Host provides. If a client’s network is setup to block certain ports or web addresses that compromise the services that Vast Exposure and/ or VE Host provides it is the client’s responsibility to ensure that their network configurations are changed as necessary.
19.18. Clients also hereby indemnify Vast Exposure and/ or VE Host against any 3rd party claims against themselves as resellers or services provided to the public or privately. Clients will be solely liable to external parties for losses and may, in no way, petition Vast Exposure and/ or VE Host to share or cover such losses or liability, either directly or indirectly. Vast Exposure and/ or VE Host is also indemnified from direct claims from clients for losses incurred due to 3rd party actions or claims.
20. Web design
20.1. Unless explicitly quoted and invoiced as such, Vast Exposure will not be held liable for the content of your website.
20.2. Not only does this include the actual content but also adding it to your site. It remains the responsibility of the client to create and supply their own content to Vast Exposure.
20.3. All text received by clients should be provided to Vast Exposure in an editable, typed out format, no written/ scanned information will be accepted.
20.4. Vast Exposure reserves the right to refuse the upload of any images which have copyright infringements as well as any content which is deemed inappropriate.
20.5. Should the logo received from the client be of poor quality, Vast Exposure will quote the client for the redraw of their logo at an additional cost.
20.6. If no content has been received from the client within two (2) calendar months, and in the event of the client cancelling their order with Vast Exposure, only 50% of the original price paid will be refunded to the client. This 50% retainer is paid to Vast Exposure as time used in preparation of website construction. The client has to pay the full amount of the chosen package before work will recommence.
20.7. Website prices, unless specifically agreed upon, do not include any copywriting or spell checking and it is the responsibility of the client to supply the content in the correct and final version before the site is built. Copywriting and proof-reading services can be added at an additional cost.
20.8. Vast Exposure will provide one revision of the draft website free of charge. All other revisions can be quoted for, and work will be conducted once the full payment has been received.
20.9. Vast Exposure allows for a two (2) month waiting period for customer feedback (after completion of a website). If no reasonable feedback has been provided, we deem the development of the website to be complete, and no changes thereafter will be accepted.
20.10. Products (items in your store) are also considered content of the site. Should the client purchase an online store add on, Vast Exposure will provide the client with three (3) to five (5) example product listings, however it is the clients responsibility to load and manage the rest of their products. A PDF training guide will also be provided, this contains resources regarding the general management of a WooCommerce online store. Additional training for the loading and changing of content can be provided at an additional cost.
20.11. It is the responsibility of the client to register a PayFast account when wanting to use the online payment gateway functionality.
20.12. Any monthly maintenance changes require at least a three (3) (working days) lead time to implement. This excludes weekends and public holidays.
20.13. Monthly maintenance hours are non-cumulative from month to month, in other words, should the client not make use of their monthly hour(s) purchased, those hours fall away and cannot be redeemed (through monetary value or time) at a later stage.