- Terms and Conditionskeyboard_arrow_down
“Cybernetica“used herein shall mean: Cybernetica Pty Ltd registration number 2013/023399/07 . Products and / or services offered by Cybernetica may include, but are not limited to, hosting, dedicated servers, Registrar White Labelled EPP solution, website design, an online shopping cart, blogs, social media integration and online product purchasing where applicable. Cybernetica reserves the right, in its sole and absolute discretion, to make changes from time to time, and without prior notice, regarding the products or services, that are offered on the website, and as to how they are offered. “Customer” used herein shall mean the Applicant as set out in the application.
1. These terms and conditions: -
- (a) represent the entire Cybernetica trading conditions and no alterations or additions may be affected unless agreed to by both parties, reduced to writing and signed by the Customer and a duly authorized representative of Cybernetica.
- (b) will govern all future contractual sales relationships between the parties whereby the Customer purchases goods or services from Cybernetica;
- (c) are applicable to all existing debts between the parties;
- (d) are final and binding and are not subject to a suspensive or dissolutive condition;
- (e) expressly exclude any conflicting conditions stipulated by the Customer;
- (f) supersede all previous conditions without prejudice to any securities or guarantees held by Cybernetica and
- (g) apply to all servants, agents and subcontractors of Cybernetica.
2. The Customer hereby acknowledges that he/she has read and understood each term of this agreement and accepts them as binding and acknowledges that the content reflects the true meaning of both parties and that this agreement has been entered into for the benefit of both the Customer and Cybernetica.
3.1. The Customer agrees that neither Cybernetica nor any of its employees will be liable for any negligent or innocent misrepresentations made to the Customer nor shall the Customer be entitled to resile from any contract on those grounds.
- 3.2. It is the sole responsibility of the Customer to determine that the goods or services ordered are suitable for the purpose of intended use.
4. All quotes will remain valid for a period of 24 hours from the date of the quote or until the date of issue of a new price, whichever occurs first. The validity of any price is subject to availability and to any increases in the cost price, including currency fluctuations, of Cybernetica before dispatch of goods.
- 4.1. The Customer hereby confirms that the goods and services on the Tax invoice issued duly represent the goods and services ordered by the Customer at the prices agreed to by the Customer and where performance / delivery has already taken place that the services and goods were inspected and that the Customer is satisfied that these conform in all respects to the quality and quantity ordered and are free from any visible defects.
- 4.2. Any delivery note, waybill or job card (copy or original) signed by the Customer or a third party engaged to transport the goods and held by Cybernetica shall be prima facie proof that delivery was made to the Customer and are in accordance with the quality and quantity reflected thereon.
- 4.3. All orders and variations to orders are subject to these terms and conditions. Only written orders and variations to orders will be accepted by Cybernetica. This notwithstanding, Cybernetica may, at its sole discretion, elect to accept and act upon telephonic orders and any variations to orders. Cybernetica however reserves the right to refuse delivery of any order until placed in possession of a written order form.
- 4.4. Cybernetica shall be entitled to split the delivery of goods ordered in the quantities and on the dates, it decides with the prior consent of the Customer, which consent shall not be unreasonably withheld.
- 4.5. Cybernetica shall be entitled to invoice and deliver each order separately.
- 4.6. The risk of damage to or destruction of goods is passed to the Customer on signature of the delivery receipt upon delivery to the Customer or the Customer’s nominated representative and the Customer undertakes to insure the goods fully, until paid for in full.
- 4.7. In the case of repairs undertaken by Cybernetica, repair times given are merely estimates and are not binding on Cybernetica; time is not of the essence of this agreement unless expressly agreed upon in writing by Cybernetica. Cybernetica shall not be liable for any loss or damage of whatsoever nature which the Customer may suffer as a result of any unforeseen costs and/or delayed repairs.
- 4.8. Cybernetica is hereby authorized to engage a third party on its behalf and on the terms deemed fit by Cybernetica to transport all goods purchased.
- 4.9. Delivery, commencement and performance times given are merely estimates and are not binding on Cybernetica. Cybernetica warrants that it will use its best endeavors to meet such delivery times; time is not of the essence of this agreement unless expressly agreed upon in writing by Cybernetica. Cybernetica shall not be liable for any loss or damage of whatsoever nature which the Customer may suffer as a result of any incorrect or delayed delivery, tampering of installation, commencement or performance.
- 4.10. All goods invoiced out for evaluation, approval or on a demonstration basis by the Customer are deemed sold if not returned within 5 working days of issue.
- 4.11. All goods taken on consignment are deemed sold within 5 working days of issue.
- 4.12. The Customer acknowledges all copyrights and shall not duplicate copyrighted material and that each attempt will immediately render the full prevailing price payable to Cybernetica.
5. New goods are protected according to the manufacturer’s product specific warranties only and all other guarantees and warranties including common law guarantees are hereby specifically excluded. Services carry no guarantee.
- 5.1. Liability under clause 5 is restricted to the cost of repair or replacement of faulty goods or services or granting of a credit at the sole discretion of Cybernetica.
- 5.2. No returns will be accepted without an RMA number. Return Material Authorization (RMA) request form to be submitted online prior to returning any items for any reason. Please complete RMA application online on our website cybernetica.co.za. This number must be used as a reference for all matters relating. Our technical department will issue you with an RMA number which authorizes you to return one item per every RMA number. A full fault description must be completed to enable technical department to test and verify fault.
- 5.3. All defective merchandise returned to Cybernetica must be returned with all cables, power supplies, documentation etc.
- 5.4. Cybernetica is not responsible for the cost of returning any products to Cybernetica offices. For your protection, please insure the package and ship via a traceable method. Cybernetica is not responsible for lost or damaged packages.
- 5.5. If any of the above conditions are not met, Cybernetica reserves the right either to refuse the return, or to charge a restock fee of not less than 15%.
- 5.6. Acceptance of Products: Cybernetica shall conduct incoming acceptance inspection as soon as possible on receipt of products.
- 5.7. Warranty: Cybernetica’s sole obligation is to repair or replace the defective product. There is no warranty for uninterrupted or error-free operation. There is no warranty for loss of data. We recommend that you regularly back up the data stored on your product to a separate storage product. There is no warranty for product with removed or altered identification labels and/or serial numbers. Even accidental removal and re-attachment of the bar code sticker will void the warranty, as it will no longer be possible to verify exactly when that individual item was purchased. This clause shall not be used to imply that Cybernetica shall be obliged to accept the return of any goods. The warranty is contingent upon the proper use in the application for which the product was intended, and does not cover product which has been modified in any manner, and /or has been subjected to physical damage, abuse, misuse, alteration, neglect, tampering, improper maintenance, or has been serviced, repaired, installed by unauthorized personnel.
- 5.8. Data Recovery is not covered under the warranty and is not part of the warranty process. Cybernetica’s technical department offers a standard data recovery service. Price will be quoted on request.
- 5.9. Products for Exchange or Credit: Product purchased directly from Cybernetica may be returned for exchange, excluding any shipping charges, within 7 days from invoice date. All merchandise returned to Cybernetica must be shipped in the original sealed packaging, same condition as sold, with all cables, power supplies, documentation, etc. A credit will be issued at the sole discretion of Cybernetica and is dependent on the condition of the items returned. A handling fee of 10% will be charged for any returns after 7 days from date of invoice, and Cybernetica reserves the right not to credit or exchange any items returned after 14 days from date of invoice. Goods not returned in a perfect condition, in original packaging with all accessories and manuals intact will be deemed sold. Even accidental removal and re-attachment of the bar code sticker will void the warranty, as it will no longer be possible to verify exactly when that individual item was purchased. This clause shall not be used to imply that Cybernetica shall be obliged to accept the return of any goods.
- 5.10. Products for exchange exclude any “Special Request Items“ which cannot be returned under any circumstances, unless faulty.
- 5.11. If items are credited, it will be at the lesser value between selling price and current market price, and in addition, handling fees specified in point 9 above will apply.
- 5.12. Cybernetica will request copies of original invoice documents when a product is older than 24 months. Products will not be tested, repaired or replaced until such documentation has been received.
- 5.13. The customer hereby agrees that any item handed in for repair may be sold by Cybernetica to defray the cost of such repairs if the item remains uncollected within 30 days of the repairs being completed.
6. No claim under these terms and conditions will arise unless the Customer has, within 7 days of the alleged breach or defect occurring, given Cybernetica 30 days written notice by prepaid registered post to rectify any defect or breach of contract.
7. The Customer agrees to pay the amount on the Tax invoice at the offices of Cybernetica
- (a) cash on demand; or
- (b) if the Customer is a Credit Approved Customer, within the terms as reflected on invoice and/or statement issued by Cybernetica.
8. The Customer has no right to withhold payment for any reason whatsoever and agrees that no extension of payment of any nature will be extended to the Customer and any such extension will not be applicable or enforceable unless agreed to by Cybernetica, reduced to writing and signed by the Customer and a duly authorized representative of Cybernetica.
- 8.1. The Customer is not entitled to set off any amount owing to the Customer by Cybernetica against his debt.
9. The Customer agrees that the amount due and payable to Cybernetica may be determined and proven by a certificate issued by any independent auditor. Such certificate shall be binding and shall be prima facie proof of the indebtedness of the Customer.
- 9.1. Any printout of computer evidence tendered by any party shall be admissible evidence and no party shall object to the admissibility of such evidence purely on grounds that such evidence is computer evidence.
10. The Customer agrees that interest shall be payable on any moneys due to Cybernetica at 2.5% above the Prime Overdraft rated quoted by First National Bank Ltd., which interests shall be calculated on a daily balance and capitalized monthly from the date the moneys fell due to payment. A certificate under hand of any manager of the First National Bank Ltd shall be prima facie proof of the interest rate charged nor shall it be necessary to prove the signature or capacity of such manager.
11. The Customer agrees that if an account is not settled in full
- (a) against order; or
- (b) within the period agreed in clause 8 above in the case of a Credit Approved Customer; or if the Customer commits a breach of any of these conditions, or being an individual, is provisionally or finally sequestrated or surrenders his estate, or being a partnership, is being dissolved, or being a company or close corporation is placed under a provisional or final order of judicial management or liquidation, or compromises or attempts to compromise generally with its creditors or if an order in terms of section 65 of the Magistrates Court Act 32 of 1944, as amended is issued against the Customer, or if he commits or permits any act that may prejudice the rights of Cybernetica; then in any of these events Cybernetica may in its sole discretion either;
- (i) entitled to immediately institute action against the Customer at the sole expense of the Customer; or
- (ii) cancel the agreement and take possession of any goods delivered to the Customer by giving the Customer written notice to that effect; or
- (iii) claim damages. Furthermore, Cybernetica shall be entitled to immediately suspend any delivery or service while the Customer is in breach of any of the terms of any contract between it and Cybernetica. In the event of a breach and without restricting or revoking any other rights Cybernetica may have in law, Cybernetica shall have the right to claim from the Customer the following costs: if payment by cheque is referred to drawer for whatsoever reason, an amount of R130.00 excl VAT per affected cheque; if default necessitates the telephonic contact of the debtor by Cybernetica, an amount of not more than R80.00 excl VAT per call; if default necessitates a personal visit by Cybernetica, an amount of R100.00 per visit; Cost for issuing a Letter of Demand at R250.00 excl VAT; subject to the maximum costs recoverable in terms of the Magistrates Court Act 32 of 1944 as amended, Attorneys Act 33 of 1979 and Debt Collections Act 114 of 1998. These remedies are without prejudice to any other right Cybernetica may be entitled to in terms of this agreement or in law.
12. The Customer hereby consents, in terms of Section 45 of the Magistrates Court Act of 1944 as amended to Cybernetica instituting any proceedings arising out of this contract in the Magistrates Court for the district of Rondebosch otherwise having jurisdiction in terms of Section 28 of the Magistrates Court Act notwithstanding the fact that such proceedings are otherwise not within the jurisdiction of that court. Cybernetica however reserves the right, in its sole discretion, to institute any action arising from this agreement in the High Court of South Africa.
- 12.1. The Customer hereby waives the benefits of the legal exceptions of non numeratae pecuniae, non causa debiti, de errore calculi, de duobus vel pluribus reis debendi, review of accounts and no value received and hereby declares himself to be fully acquainted with the meaning of this waiver.
- 12.2. In the event of any default by the Customer of any provision of this agreement, the Customer hereby consents and authorizes Cybernetica to furnish the name, credit record and repayment history of the Customer to any credit bureau as a delinquent debtor.
13. In the event of cancellation, the Customer shall be liable to pay
- (a) the difference between the selling price and the value of the goods at the time of repossession and
- (b) all other costs incurred in the repossession of the goods. The value of repossessed goods or retained pledged goods will be deemed to be the value placed on them by any sworn valuator after such repossession and such valuation will be prima facie proof of the value.
- 13.1. The Customer indemnifies Cybernetica completely against any damage whatsoever relating to the removal of repossessed goods.
- 13.2. If any goods supplied to the Customer are of a generic nature and have become property of the Customer by operation of law (confusio or commixtio) the Customer shall be obliged on notice of cancellation of the agreement to retransfer the same quantity of goods in ownership to Cybernetica.
14. All goods supplied by Cybernetica remain the property of Cybernetica until such goods have been fully paid for.
15. The Customer shall be liable to Cybernetica for all legal expenses (including collection fees) on the attorney own client scale incurred by Cybernetica 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.
16. The Customer agrees that no indulgences whatsoever by Cybernetica will affect the terms and conditions or any of the rights of Cybernetica and such indulgence shall not constitute a waiver by Cybernetica in respect of any of its rights herein. Under no circumstances will Cybernetica be stopped from exercising any of its rights in terms of these conditions.
17.1. Any document will be deemed duly received by the Customer within
- (a) 3 working days of prepaid registered mail to any of the Customer’s business or postal addresses or the domicilium address of the Customer or to the personal address of any director, member or owner of the Customer; or
- (b) within 24 hours of being faxed to any of the Customer’s fax numbers or any director, member’s or owner’s fax numbers;
- (c) on being delivered by hand to the Customer or any director, member or owner of the Customer;
- (d) within 48 hours if sent by overnight courier; or,
- (e) within 24 hours of being telexed to the Customer’s telex number.
- 17.2. The Customer chooses as its domicilium citandi et executandi the business address as per the dealer application or such other address agreed upon between Cybernetica and the Customer.
- 17.3. The Customer undertakes to inform Cybernetica in writing within 7 days of any change of Director, Member, Shareholder or Owner address, or 14 days prior to selling or alienating the Customer business and failure to do so will constitute a material breach of this agreement.
18. The Customer agrees to the standard prices of Cybernetica for any goods purchased or services rendered, as published in its ruling price list.
19. The invalidity of any part of these terms and conditions will not affect the validity of any other part, each clause in this agreement being severable from the rest.
20. Any order is subject to cancellation by Cybernetica due to force majeure from any clause beyond the control of Cybernetica, including (without restricting this clause to these instances): inability to secure labour, power, materials or supplies, or by reason of an act of God, war, civil disturbance, riot, state of emergency, strike, lockout, or other labour disputes, fire, flood, drought or legislation.
21. If at any time any amount of money due by the Customer to Cybernetica is overdue for payment, Cybernetica shall be entitled to suspend all deliveries to the Customer until all amounts are paid or, at the election of Cybernetica, to cancel all outstanding orders in either of which events the Customer shall have no claim against Cybernetica.
22. Prices are subject to change without prior notice.
23. The signatory warrants that he is the duly authorized representative of the Customer and that he has full capacity, whether legal or otherwise, to enter into any contractual agreement with Cybernetica.
24. This Agreement and its interpretation is subject to South African law and the Customer consents to the exclusive jurisdiction of the South African Courts referred to in clause 12.1.
25. Use of Services
- 25.1. THE CUSTOMER ACCEPTS THAT IT IS RESPONSIBLE FOR ALL OF THE CONSEQUENCES OF ITS OWN ACTIVITIES AND THOSE OF ITS EMPLOYEES, OFFICERS, AGENTS, INDEPENDENT CONTRACTORS AND ALL OTHERS UNDER ITS CONTROL WHEN USING THE SERVICES.
- 25.2. THE CUSTOMER IS RESPONSIBLE FOR OBTAINING, INSTALLING AND MAINTAINING ALL HARDWARE AND SOFTWARE REQUIRED TO ACCESS THE CYBERNETICA SYSTEM AND MAKE USE OF THE SERVICES, UNLESS OTHERWISE AGREED IN WRITING.
- 25.3. The Customer must make use of the Services in a considerate and lawful way, and Cybernetica has developed an Acceptable Use Policy that contains reasonable rules of conduct for the use of the Service.
- 25.4. THE CUSTOMER MUST COMPLY WITH THE ACCEPTABLE USE POLICY AND ENSURE THAT ANYONE UNDER ITS CONTROL THAT USES THE SERVICES ALSO DOES SO. A BREACH OF THE ACCEPTABLE USE POLICY IS A BREACH OF THE CUSTOMER’S DUTY TO ACT IN A CONSIDERATE AND LAWFUL WAY.
- 25.5. Network security threats evolve quickly and behaviours change as technology changes. As a result, Cybernetica must be able to amend the Acceptable Use Policy at any time, and reserves the right to do so. The Customer has a general duty to act in a considerate and lawful way; an amendment to the Acceptable Use Policy does not constitute an amendment of this Agreement.
- 25.6. Cybernetica may use upstream Suppliers in providing certain Services, which may maintain their own acceptable use policies. Cybernetica will inform the Customer if this is the case. The Customer agrees to abide by these policies in using the relevant Services. Cybernetica may treat a breach of a Supplier’s acceptable use policy as if it were a breach of Cybernetica’s Acceptable Use Policy.
- Registrant Agreementkeyboard_arrow_down
This document contains the terms and conditions for registration, transfer and updates to domain names in the .za ccTLD, .africa, .capetown, .joburg and .durban namespaces. These terms are part of and incorporate by reference the Cybernetica standard terms at https://www.cybernetica.co.za/terms-and-conditions.
Please note the following important clauses:
- You consent to processing of personal information as described in clauses 9.1 and 9.2
- If you submitted personal information from a third party, you warrant that you have obtained consent from that party (clause 9.4)
- You exempt and indemnify the registry / registrar from all loss relating to your registration of a domain name (clause 10)
- 1.1. "Administration Sites" means the Registry’s official administration website/s including, but not limited to: www.cybernetica.co.za and the Registrars official administration website/s including, but not limited to: www.cybernetica.co.za.
- 1.2. "Agreement" means the Application read together with these terms and conditions.
- 1.3. "Applicant" means the party making application for the delegation or update of the Domain Name in terms of this Agreement, and who will be identified as the Registrant on the Application.
- 1.4. "Application" means the application for the delegation, transfer or update of the Domain Name submitted by, or on behalf of, the Applicant and to which these terms and conditions apply.
- 1.5. “Registrar Accreditation Agreement” means the agreement entered into between the Registrar and ICANN in terms of which the Registrar is accredited by ICANN as a registrar.
- 1.6. "Registry" means ZA Central Registry NPC, a company registered in accordance with the laws of South Africa with registration number 1988/004299/08, its successors or permitted assigns.
- 1.7. "Domain Name" means the domain name in the Namespace, designated in the Application, and governed by the Agreement.
- 1.8. "Effective Date" means, in respect of the delegation of the Domain Name to the Applicant, the date on which such delegation is registered by the Registry (as evidenced by an electronic message from the Registrar to the Applicant confirming same)
- 1.9. “Namespace” means the .za, .africa, .capetown, .joburg or .durban name space of the Internet as the case may be.
- 1.10. “Personal Information” means information relating to an identifiable, living, natural person.
- 1.11. “Registrar” means Cybernetica Pty, a Proprietary company registered in accordance with the laws of South Africa with registration number 2013/023399/07.
- 1.12. “Registry-Registrar Agreement” means the agreement between the Registrar and the Registry in terms of which the registrar is accredited as a registrar for the Namespace.
- 1.13. “Published Policies” means those specifications and policies established and published by the Registry from time-to-time relating to the administration of the Namespace, and includes the Launch Policy, Sunrise Dispute Resolution Policy, and Auction Policy. The published policies can be found on the Administration Sites.
- 1.14. “Standard Terms” means the Registrar’s standard terms and conditions found at URL https://www.cybernetica.co.za/terms-and-conditions.
- 2.1. The Registry is responsible for delegating domain names in the Namespace.
- 2.2. These terms and conditions apply to all the domain names sponsored by the Registrar in the Namespace.
- 2.3. The Applicant also agrees to be bound by the Published Policies.
3. Status and Precedence
- 3.1. This document forms part of the Standard Terms which are incorporated by reference into this document.
- 3.2. To the extent that any provision of this document conflicts with the provisions of the Standard Terms, the provision of this document will prevail.
- 3.3. In providing the registry services the Registrar is bound by the provisions of the Registrar Accreditation Agreement and the Registry-Registrar Agreement. If the Registrar acts contrary to any provision of this Agreement as a result of an obligation to either ICANN or the Registry set out in such agreements (including compliance with the Published Policies or any mandatory ICANN policy), such act or omission will not be a breach of this Agreement.
- 4.1. See the provisions of the Standard Terms as they relate to fees, which are deemed to form part of this clause 4.
- 4.2. Should the Applicant fail to pay any of the fees contemplated within the periods stated, the Registrar may, without derogating from any other right which it may have in terms of this Agreement or otherwise, and without notice, withdraw the Domain Name application or registration.
- 4.3. Under no circumstances whatsoever will the Registry or Registrar be obliged to refund any fees paid by the Applicant in terms of this clause 4.
5. Rights to Domain Name
- 5.1. The Registry or the Registrar will under no circumstances whatsoever be obliged to determine the right of the Applicant to the Domain Name. Domain names are delegated on a "first-come-first served" basis (unless the Application is made as part of the Namespace launch phase) and the delegation of the Domain Name by the Registry will in no way constitute any indication or warranty of the Applicant's right to utilise such name.
- 5.2. The Registry and Registrar give no warranties of any nature whatsoever with regard to the Domain Name, the registration or use thereof and hereby disclaim all such warranties, whether express or implied.
- 5.3. Under no circumstances whatsoever will the Registry or Registrar be obliged to act as an arbiter of disputes arising out of the registration and use of the Domain Name.
- 5.4. Should a third party (the “Complainant”), in contemplation of legal action against the Applicant in court or as described in clause 5.5, present the Registry or Registrar with prima facie evidence that indicates that the Domain Name violates the rights of the Complainant, then the Registry will be entitled to provide the Complainant with the Applicant's name and contact particulars. All further communication will exclude the Registry and the Registrar, and who will have no further obligations to the Applicant or complainant.
- 5.5. The Applicant accepts the jurisdiction of any dispute resolution mechanism established in respect of the Namespace by the Registry, ICANN or by applicable law, as the case may be, in disputes relating to the Domain Name, including the Uniform Domain Name Dispute Resolution Policy (“UDRP”) and the Uniform Rapid Suspension (“URS”), and agrees to be bound by any decision that may result.
6. The Applicant’s Duties
- 6.1. The Applicant must provide to Registrar accurate and reliable contact details and correct and update them within seven (7) days of any change during the term of the Domain Name registration, including:
- 6.1.1. the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Applicant;
- 6.1.2. name of authorized person for contact purposes in the case of an Applicant that is an organization, association, or corporation;
- 6.1.3. the names of the primary nameserver and secondary nameserver(s) for the Domain Name;
- 6.1.4. the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the technical contact for the Domain Name; and
- 6.1.5. the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the administrative contact for the Domain Name.
- 6.2. The name and contact information provided by the Applicant must be in respect of the intended domain name holder (Registrant) and may not be in respect of a third party such as a service provider (apart from the requested technical contact). Note that where the Applicant is an existing Customer, the Customer’s account details will be used in this regard. Also note that where company details are entered, the company will be the Applicant.
- 6.3. The Applicant's wilful provision of inaccurate or unreliable information, its wilful failure to update information provided to Registrar within seven (7) days of any change, or its failure to respond for over fifteen (15) days to inquiries by Registrar concerning the accuracy of contact details associated with the Applicant's registration will constitute a material breach of the Applicant-registrar contract and be a basis for suspension and/or cancellation of the Domain Name registration.
- 6.4. Any Applicant that intends to license use of a Domain Name to a third party is nonetheless the Applicant of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Domain Name. An Applicant licensing use of a Domain Name according to this provision will accept liability for harm caused by wrongful use of the Domain Name, unless it discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the Applicant reasonable evidence of actionable harm.
7. The Applicant’s Warranties & Indemnity
- 7.1. The Applicant hereby irrevocably represents, warrants and agrees that:
- 7.1.1. the information provided in the Application is accurate and complete, and that it will keep such information up to date at all times;
- 7.1.2. it has the right without restriction to use and register the Domain Name;
- 7.1.3. to the best of its knowledge and belief the registration of the Domain Name or its use does not and will not directly or indirectly infringe any legal right of any third party in any jurisdiction, including with respect to trade mark, service mark, trade name, company name, close corporation name, copyright or any other intellectual property right and / or government institution;
- 7.1.4. will not use the Domain Name for any unlawful purpose whatsoever, including, without limitation, distributing malware, abusively operating botnets, defamation, unfair competition, passing off, phishing, piracy,, counterfeiting, fraudulent or deceptive practices or generally for the purpose of confusing or misleading any person;
- 7.1.5. at the time of the initial submission of the Application, and at all material times thereafter, it must have an operational name service from at least two operational name servers for the Domain Name. Each server is and will continue to be fully connected to the Internet and capable of receiving queries relating to the Domain Name and responding thereto; and
- 7.1.6. it has selected the Domain Name without any input, influence or assistance from the Registry and/or Registrar.
- 7.2. Pursuant to the above warranties, the Applicant hereby agrees that it will defend, indemnify and hold harmless the Registrar and the Registry, their directors, officers, members, employees and agents, for any loss, damage, expense or liability resulting from any claim, action or demand arising out of or related to a breach of the aforementioned warranties or the use or registration of the Domain Name, including reasonable attorneys’ fees on an attorney and own client basis. Such claims will include, without limitation, those based upon trade mark infringement, copyright infringement, dilution, unfair competition, passing off, defamation or injury to reputation. The Registrar agrees to give the Applicant written notice of any such claim, action or demand within reasonable time of becoming aware thereof. The Applicant agrees that the Registry and /or the Registrar will be defended by attorneys of their own respective choices at the Applicant's expense, and that the Applicant will advance the costs incurred in such litigation, to the respective parties on demand from time to time.
8. Suspension, Cancellation and Transfer
- 8.1. The Applicant agrees that the Registry or Registrar will have the right to withdraw the Domain Name delegation, suspend operation of the Domain Name, or transfer the Domain Name (as the case may be):
- 8.1.1. in the circumstances contemplated in clause 4;
- 8.1.2. should the Applicant breach any warranty given under clause 7.1;
- 8.1.3. if the Applicant withdraws its consent for processing of Personal Information described in clause 9;
- 8.1.4. should the Applicant breach any other provision of this Agreement, and fail to remedy such breach within 14 (fourteen) days of receiving written notice from the Registrar calling upon it to do so;
- 8.1.5. in order to correct mistakes by Registrar or the Registry in registering the Domain Name pursuant to the Published Polices or ICANN policy applicable to the Registrar;
- 8.1.6. on receipt of an order by any competent court having jurisdiction; or
- 8.1.7. on receipt of a decision by a dispute resolution provider appointed in terms of an official domain name Dispute Resolution Procedure introduced by law, or adopted and published by the Registry or ICANN (if applicable).
- 8.2. The Applicant agrees that its registration of the Domain Name may be suspended, cancelled, or transferred pursuant to any Specification or Policy, or pursuant to any registrar or registry procedure not inconsistent with any Specification or Policy, (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the Domain Name.
- 8.3. In the event that the Registrar’s accreditation is withdrawn by the Registry, the Registry may initiate a forced transfer of the Domain Name to another registrar.
- 8.4. The Registrar’s deletion and auto-renewal policy will not differ from the parameters set out in the Published Policies by the Registry.
9. Personal Information
- 9.1. Personal Information provided by the Applicant to the Registrar will be used in a manner generally accepted in the domain name industry, and in particular for the following purposes:
- 9.1.1. use of Personal Information by the Registrar and Registry in providing the registrar and registry services respectively and in particular providing a public WHOIS facility which may include the Personal Information;
- 9.1.2. inclusion of Personal Information in escrow deposits by the Registrar and Registry held by third parties located both inside and outside of the respective countries in which they provide the services;
- 9.1.3. transfer of Personal Information to the Registry’s affiliates and service providers for the purposes of providing registry services;
- 9.1.4. transfer of Personal Information to a third party replacing the Registry in providing the Registry function in terms of the registry agreement between ICANN and the Registry, whether located inside or outside of South Africa.
- 9.2. In processing the Personal Information as set out in clause 9.1 the Registrar and Registry may transfer such Personal Information to the parties described therein. If the Registrar is a reseller of registrar services, then the Personal Information will also be transmitted to the sponsoring registrar.
- 9.3. THE APPLICANT CONSENTS TO THE PROCESSING OF PERSONAL INFORMATION AS DESCRIBED IN CLAUSES 9.1 AND 9.2. AND ACKNOWLEDGES THAT REGISTRATION, TRANSFER OR RENEWAL OF THE DOMAIN NAME IS DEPENDENT ON SUCH CONSENT.
- 9.4. THE APPLICANT WARRANTS THAT WHERE IT SUPPLIES THE PERSONAL INFORMATION OF THIRD PARTIES TO THE REGISTRAR IT HAS FIRST PROVIDED SUCH THIRD PARTIES WITH EQUIVALENT NOTICE AND OBTAINED THEIR CONSENT AS DESCRIBED IN CLAUSES 9.1 AND 9.2 RESPECTIVELY.
- 9.5. When collecting or confirming Personal Information the Registrar will indicate in an appropriate manner which Personal Information is obligatory and which, if any, is voluntary.
- 9.6. The Registrar will indicate to the Applicant how the Applicant or data subject can access and, if necessary, rectify the Personal Information held about them.
- 9.7. The Registrar will not process the Personal Information collected from the Applicant in any way incompatible with the purposes and other limitations about which it has provided notice to the Applicant in terms of clause 9.1.
- 9.8. The Registrar must take reasonable appropriate, reasonable technical and organisational measures as required by applicable law to protect the Personal Information from loss, misuse, unauthorized disclosure, alteration or destruction.
- 9.9. Provision of the Domain Name is dependent on the Applicant’s consent, and the Domain Name may be suspended or withdrawn if the Applicant withdraws such consent.
10. Exemption and Indemnity of the Registry
- 10.1. THE REGISTRY ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WILL UNDER NO CIRCUMSTANCES WHATSOEVER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND AND HOWSOEVER ARISING (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, BUSINESS INTERRUPTION OR LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, DELICT, OR OTHERWISE, EVEN IF THE REGISTRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- 10.2. THE APPLICANT WILL INDEMNIFY, DEFEND, AND HOLD THE REGISTRY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS HARMLESS AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE LEGAL FEES AND EXPENSES) RELATING TO OR ARISING OUT OF TO THE APPLICANT’S DOMAIN NAME REGISTRATION.
- 11.1. For adjudication of any legal disputes between the Applicant and the Registry, the Applicant hereby consents to the jurisdiction of the High Court of South Africa (Gauteng Division, Pretoria).
- 11.2. For adjudication of any legal disputes between the Applicant and the Registrar, the Applicant hereby consents to the jurisdiction of the High Court of South Africa (Gauteng Division, Pretoria) and to the jurisdiction of the courts of the Applicant’s domicile.
- 11.3. The Agreement will be construed and interpreted in accordance with the law of the Republic of South Africa.
- 11.4. The Applicant acknowledges that the Registry or ICANN may oblige the Registrar to make changes to or supplement the Agreement or parts of the Agreement (“amendments”) if these amendments are reasonably necessary for the administration of the Namespace. In the case of amendments required by the Registry these amendments will be published on the Administration Sites from time to time.
- 11.5. The Applicant accepts that it is incumbent on it to monitor such changes and it hereby agrees that should it fail to notify the Registrar of the Applicant's wish not to be bound by such amendments within 30 (thirty) days of such amendment being published, it will conclusively be deemed to have acceded and agreed to the amendments thus published.
- 11.6. To the extent that the Registry is granted rights, the relevant provisions of this Agreement will constitute an agreement for the benefit of a third party (stipulatio alteri) in the Registry’s favour. Where the Registry has lawfully assigned its rights and duties under its Registry-Registrar Agreement with the Registrar, the assignee will be the beneficiary under this clause.
- 11.7. In the event that any of these terms are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.
12. Transfer of Domain Ownership
- 12.1 The person named as Registrant on the Whois shall be the "Registered Name Holder." The person named as administrative contact at the time the controlling account was secured shall be deemed the designate of the Registrant with the authority to manage the domain name. Registrant agrees that prior to transferring ownership of the domain name to another person (the "Transferee") Registrant shall require the Transferee to agree, in writing to be bound by all the terms and conditions of this Agreement. If the Transferee fails to be bound in a reasonable fashion (as determine by Cybernetica Pty. in its sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void. Registrant explicitly authorizes Cybernetica Pty. to act as their Designated Agent, as stipulated by the ICANN Transfer Policy, to approve a Change of Registrant on their behalf.
The Customer acknowledges all copyrights and shall not duplicate copyrighted material unless this is done so with the consent of an authorized Cybernetica representative.
“Confidential Information” means any information relating to the affairs of Cybernetica which is not in the public domain and does not become public knowledge through any act or omission on the part of the Reseller, including, without being limited to, knowledge of Cybernetica’s strategic plans and business methods, contractual arrangements between Cybernetica and its clients, knowledge of a commercial nature relating to Cybernetica’s clients, any information received by the Reseller regarding Cybernetica’s clients, and any other matters which relate to the business and/or affairs of Cybernetica and in respect of which information is not readily available to any persons other than certified Resellers.
Access to Marketing Resources and Price Lists of Cybernetica are not for public exposure and are available only to registered Cybernetica Resellers. Distribution of the Price List will result in immediate cancellation of said Resellers contract and will be considered an outright Breach of Contract.
- Pricing Policykeyboard_arrow_down
All quotes will remain valid for a period of 24 hours from the date of the quote or until the date of issue of a new price, whichever occurs first. The validity of any price is subject to availability and to any increases in the cost price, including currency fluctuations, of Cybernetica before dispatch of goods.
The Customer hereby confirms that the goods and services on the Tax invoice issued duly represent the goods and services ordered by the Customer at the prices agreed to by the Customer and where performance / delivery has already taken place that the services and goods were inspected and that the Customer is satisfied that these conform in all respects to the quality and quantity ordered and are free from any visible defects.
All goods invoiced out for evaluation, approval or on a demonstration basis by the Customer are deemed sold if not returned within 5 working days of issue.
All goods taken on consignment are deemed sold within 5 working days of issue.
The Customer agrees to the standard prices of Cybernetica for any goods purchased or services rendered, as published in its ruling price list.
If at any time any amount of money due by the Customer to Cybernetica is overdue for payment, Cybernetica shall be entitled to suspend all deliveries to the Customer until all amounts are paid or, at the election of Cybernetic, to cancel all outstanding orders in either of which events the Customer shall have no claim against Cybernetica.
Prices are represented in South African Rand.
PRICES ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE.
- Hosting Service Termskeyboard_arrow_down
1. Specific Terms and Conditions
- 1.1. These Service Terms are entered into subject to the Cybernetica Standard Terms, which are incorporated by reference. Unless this document states otherwise, it will be subject to the Standard Terms, including the definitions and rules of interpretation contained in them.
- 1.2. The Customer hereby appoints Cybernetica to perform the Services as described in these Service Terms and Cybernetica hereby accepts the appointment.
- 2.1. "Remote KVM / IPMI" means a method by which the Customer is able to control the Customer Equipment from a remote location by means of the Internet and which simulates the operation of a keyboard and pointer device (mouse) as well as presenting a screen approximating the screen that the Customer's employee would see if he was present at the Premises.
3. Description of Service
- 3.1. Cybernetica will provide the Service described in the relevant Service Order as provided for in these Service Terms.
- 4.1. The Service will be provided indefinitely until terminated as described in the Standard Terms.
- 5.1. Customer must pay the fees as specified in the Service Order. The Standard Terms describe how payment is to be made.
- 5.2. Failure to make payment for three consecutive months will result in the termination of services.
6. Service Feasibility
- 6.1. Cybernetica cannot guarantee the provision of the requested Service upon the receipt of an order.
- 6.2. Provision of the Service is subject to Cybernetica confirming that it is technically feasible to do so.
- 6.3. Applicants will be formally notified after receipt of an order on whether or not the Service can be provided.
- 6.4. If the requirements of clause 6.2 are not met, the Agreement will terminate.
7. Hosting Services Generally
- 7.1. Cybernetica may provide SMTP mail services by default with hosting packages.
- 7.2. If a Customer utilises internet traffic above the level agreed in the Service Order, Cybernetica reserves the right to suggest suitable alternatives to the Customer and / or charge for excessive traffic as it deems necessary at its sole discretion.
- 7.3. Cybernetica reserves the right to suggest suitable alternatives to the Customer for excessive web server processor usage as it deems necessary.
- 7.4. Cybernetica reserves the right to move a website between web servers and internet backbones, both within South Africa and internationally as it deems necessary.
- 7.5. Cybernetica reserves the right to stop providing certain web hosting package types if it deems it necessary. Cybernetica will then either provide the web hosting service for the remainder of the time that has been paid for or refund the amount paid for that specific package or provide the nearest equivalent package.
- 7.6. In the case of virtual servers, Cybernetica also may, at its discretion, restrict server to 200 IOPS (Input Output Operations per Second) where a Customer’s use of available virtual resources is negatively affecting the overall environment.
8. Web Hosting, Shared and Cloud Server Hosting
Cybernetica will make a server available to the Customer, on the following terms:
- 8.1. Cybernetica will make available a user account on a server for the Customer, but the Customer will not have exclusive use of the server.
- 8.2. The server will, subject to the reasonable security measures described elsewhere in this document, be "live" and accessible by general users of the WWW, unless the Customer explicitly requests otherwise.
- 8.3. The server will either be under the physical control of Cybernetica or will be a “cloud” server in the possession of a third party but under the control of Cybernetica.
- 8.4. A physical server will at all times remain the property of Cybernetica and the possession of any server will not pass to the Customer under any circumstances.
- 8.5. Cybernetica will be responsible for the setup of the server at the commencement of the Service Order. The server will be set up with the Software necessary to allow the Customer to make use of it as contemplated in the Service Order. Cybernetica may at its discretion charge a setup fee in this regard.
- 8.6. Cybernetica will be responsible for the maintenance of the server, which will include at its sole discretion effecting upgrades to the Software installed on the server which is necessary to provide the Service, or repairs and upgrades to the hardware in the server.
- 8.7. Cybernetica will allow the Customer access to the server by way of the Internet in such a way as allow the Customer to use it for the purpose or purposes set out in the Service Order.
- 8.8. The Customer may be granted access to email accounts if so stipulated in the Service Order.
- 8.9. Cybernetica will provide the Customer with internet connectivity from the Server, and bandwidth as set out in the Service Order.
- 8.10. Despite the content of clause 8.5:
- 8.10.1. Cybernetica will not be responsible for the effect of any Software that the Customer may install or have Cybernetica install on the server; and the Customer will be liable for any increased bandwidth used as a result of the installation of such Software.
- 8.10.2. Should any Software installed on the server by the Customer or by Cybernetica on the instructions of the Customer interfere with Software installed on the server by another customer, or should such Software threaten the security of the System, Cybernetica may take any steps it at its sole discretion deems necessary to remedy the problem including without limitation:
- 18.104.22.168. taking over administration of that Software on the server,
- 22.214.171.124. removing the Software from the server,
- 126.96.36.199. suspending the Customer's access to the server, or
- 188.8.131.52. relocating the Customer's account to another server.
- 8.10.3. The service INCLUDE
- 184.108.40.206. Disk space on respective servers
- 220.127.116.11. Power to servers
- 18.104.22.168. Internet connectivity to Servers
- 8.10.4. The service does NOT INCLUDE
- 22.214.171.124. Fixing websites
- 126.96.36.199. Fixing and / or resolving 3rd party software
- 188.8.131.52. Providing support to Resellers clients
- 184.108.40.206. The above excluded list may be performed by Cybernetica, however will be deemed professional services and will incur additional fees 8.11. Migration of websites or changing of packages 8.11.1 The service does NOT INCLUDE 220.127.116.11. Fixing websites 18.104.22.168. Fixing and / or resolving 3rd party software 22.214.171.124. Providing support to Resellers clients 126.96.36.199 Backing up your emails 188.8.131.52 Updating the DNS records on your domains names
9. Dedicated Hosting
- 9.1. Cybernetica will make a server available to the Customer, on the same terms as those set out in clause 8 above with the appropriate changes made, save that the Customer and Cybernetica will be the only parties with access to the server.
10. Collocation Hosting
- 10.1. Cybernetica will make the following available to the Customer if it is specified in the Service Order:
- 10.1.1. an amount of space in racks at the Premises;
- 10.1.2. Internet connectivity;
- 10.1.3. bandwidth specified in the Service Order;
- 10.1.4. Remote KVM Service;
- 10.1.5. labour by Cybernetica Employees charged at Time and Materials.
- 10.2. The Customer will provide the following:
- 10.2.1. servers and peripherals;
- 10.2.2. Software for installation on servers and peripherals, and
- 10.2.3. any other equipment listed in or implied by the terms of the Service Order.
- 10.3. The Customer will provide Cybernetica with the proposed specifications for the Customer System, and Cybernetica may at it sole instance:
- 10.3.1. accept the specifications, or
- 10.3.2. reject the specifications and require the Customer to provide fresh specifications.
- 10.4. Should Cybernetica and the Customer be unable to reach agreement on the specifications within a reasonable time, in that event either party may cancel the Service Order on written notice to the other, and Cybernetica will refund all monies paid by the Customer in respect of the service, less Cybernetica’s reasonable charges for Time and Materials in attempting to facilitate provision of the Service.
- 10.5. Should Cybernetica accept the specifications, in that event a representative of Cybernetica will oversee the installation of the Customer Equipment at the Premises. In no event may the Customer enter the Premises for this purpose unaccompanied.
- 10.6. Cybernetica will take reasonable measures to protect the Customer Equipment from damage from water, dirt, electrical power surge, or fire but makes no warranty in this regard.
- 10.7. The Customer will ensure that the Customer Equipment does not interfere, whether electronically or physically, with the normal operation of the System, or with the operation of any equipment belonging to other customers.
- 10.8. Ownership in the devices listed in clause 10.2 will remain vested in the Customer, subject to the provisions of the Standard Terms.
- 10.9. The Customer is encouraged to insure the Customer Equipment.
11. Hosting Support
- 11.1. Cybernetica’s support methodology utilizes the emergency room approach, where problems are graded for severity and responded to accordingly. Service outages of any type always receive top priority, followed by service-degrading factors, and general questions about server management. This ensures every Customer will receive the best support during the appropriate situation. Cybernetica’s experienced support team is available via e-mail and telephone from 08h00 - 17h00 SAST, Monday through Friday. Support issues reported via e-mail or via the Provider’s trouble ticketing system outside of the Provider’s standard support hours are responded to and resolved as quickly as possible. Cybernetica’s infrastructure is monitored by its advanced monitoring system, which checks the integrity and stability of the entire infrastructure every 30 seconds. Should a fault occur, the Provider’s technical staff are notified by sms and e-mail.
- 11.2. However, Cybernetica will be obliged to provide hosting support in respect of errors in the System only and, without limiting the aforegoing, will not be obliged to render assistance in respect of any of the following:
- 11.2.1. any error in the Customer System;
- 11.2.2. any error in third party equipment or Software.
- 11.2.3. give support for any system or software that is not provided by Cybernetica including but not limited to Microsoft solutions, internet browsers or any other 3rd party applications
- 11.3. If any ad hoc services are provided to the Customer by Cybernetica which are not set out in a Service Order or otherwise reflected in this document, Cybernetica will undertake such services on a Time and Materials basis; such services include without limitation the following:
- 11.3.1. development of any computer programme, including scripting;
- 11.3.2. Database development, including the creation of stored procedures, structures and triggers;
- 11.3.3. assistance with and debugging of Customer’s computer programmes; and
- 11.3.4. project management.
- 11.4. Should Cybernetica need to relocate the Customer Equipment within the Cybernetica Premises this will be treated as set out in the Standard Terms with the proviso that this will be done on no less than 5 (five) Business Days’ notice to the Customer.
- 11.5. If there is scheduled maintenance to be done the Customer will be notified at least 24 hours in advance. The scheduled maintenance will always be done after hours (based on Central African Time (CAT)) and the web server downtime will be kept to a minimum.
12. Bandwidth and its Measurement
The following provisions will apply in respect of bandwidth:
- 12.1. Cybernetica will provide the Customer with access to a Software application that will allow the Customer to monitor its use of bandwidth, where available / applicable;
- 12.2. The Customer will have a duty to monitor its use of bandwidth.
- 12.3. Cybernetica however makes no warranty as to the accuracy of the information returned by such Software and particularly notes that the information reflected by it may be up to 48 (forty eight) hours out of date.
- 12.4. The Customer's use of bandwidth will be charged for as set out in the Service Order.
- 12.5. Should a Service Order include access by the Customer to a certain amount of bandwidth and the Customer exceeds this quantity, Cybernetica will charge the Customer for such excess bandwidth at a rate to be determined by Cybernetica from time to time. Information regarding such excess rate will be available on the Cybernetica Fee Schedule.
13. Domain Name Registration Services
- 13.1. If the Customer so requests in a Service Order, Cybernetica will register or renew an internet domain name or domain names on behalf of the Customer, subject to and upon payment of Cybernetica’s Fee for doing so.
- 13.2. If Cybernetica is not the registrar for a particular namespace it may make use of the services of accredited domain name registrars in provisioning domain names to the Customer. In that case, while Cybernetica strives to ensure that registration and subsequent DNS propagation is effected in the shortest period of time, Cybernetica cannot be held liable for any delays that may accompany the registration of domain names.
- 13.3. Where Cybernetica is an accredited registrar or reseller for a particular namespace, the Customer will be required to agree to the terms of the registrant agreement in respect of that name space before Cybernetica will provision a domain name in that name space for the Customer.
- 13.4. Whether Cybernetica is the registrar for a namespace or not, the Customer will be bound by the terms and conditions of the relevant domain name space under which any domain name registered on its behalf falls, and should become familiar with them. Cybernetica may post links to these terms and conditions purely as a convenience to the Customer.
- 13.5. Cybernetica does not operate an advisory service in respect of domain names, and makes no warranty that the Customer will be able to lawfully hold any particular domain name.
- 13.6. Any amount paid by Cybernetica to register or renew a domain name or to set-up the domain name on the Cybernetica System is not refundable.
- 13.7. Premium domains: As various registries worldwide mark high value domains as premium domains, these domains cost more. The provider will make every effort to apply pricing of a premium domain prior to checkout however this may not always be possible. Should the Customer have paid for domain which is a premium domain / marked / reflected as premium, the Customer will be given the opportunity to pay the premium domain name fee or a refund of the price paid will be given to the customer and the premium domain will be marked for deletion.
- 13.8. Domain Availability: Cybernetica makes every effort to display accurate domain availability data and every attempt to secure a domain for the customer. On searching for a domain name via our / the registry WHOIS, the WHOIS service may show the domain as available however said domain may already be reserved / allocated / registered by another registrar or by another registrant. Cybernetica shall not be held responsible in the event of a Customer registering / paying for a domain while the WHOIS reflects different information. Cybernetica shall remit a full refund to the Customer in cases where this happens.
- 13.9. Time lapse between domain availability search and payment: As there is a time delay between the domain availability search, and the payment of the said domain, it may be possible that multiple parties are registering the same domain at the same time, the domain will be provisioned to the party that has paid first and the registry will reflect this party as the registrant.
- 13.10. Redemption Period: should a domain, .com, .net .co.za or any other local or international TLD enter the redemption period (This is the period after suspension by the Registry) there will be an addition cost to renew / take out of redemption as stipulated by the registry. Said redemption cost varies between Registries and includes the cost of renewal of domain for the next year.
- 13.11. Cybernetica will send the Customer a notification per email a reasonable time before the expiry of any domain name registration, but the Customer nonetheless has the duty to ensure that it renews any domain name in good time. Cybernetica will not be liable for any damage suffered by the Customer as a result of its failure to renew a domain name.
- 13.12. When making a payment for a renewal of a domain name and the payment reference used cannot be matched to the client / clients account / domain name, Cybernetica cannot be held liable for the domain name going into redemption or if additional costs are incurred due to incorrect references used.
- 13.13. In registering or renewing a domain name on behalf of the Customer, Cybernetica will collect and transmit the Customer’s Personal Information to the registrar, which will in turn transmit it to the registry. Certain Personal Information will be available for public access via a public WHOIS service, and will be subject to escrow storage by a third party escrow agent. The Personal Information may be transmitted offshore. The Customer consents to the collection and processing of its Personal Information for those purposes.
- 13.14. The Customer warrants that in applying for or using any domain name it is not infringing the intellectual property rights of any third party. If any domain name dispute is brought in respect of a domain name registered by the Customer or on behalf of the Customer by Cybernetica:
- 13.14.1. Cybernetica may furnish a third party with the Customer’s name and address and thereafter refer all correspondence relating to the matter to the Customer; and
- 13.14.2. The Customer indemnifies Cybernetica in respect of all costs incurred by Cybernetica should Cybernetica be obliged to defend the dispute, including the adjudicator’s fees and attorneys’ fees on the scale as between attorney and own Customer, whether Cybernetica is the registrant of the domain name or not.
- 13.15. Cybernetica may in certain circumstances provide discounted or free domain name registration services, on the understanding that the Customer will make use of one of Cybernetica’s hosting services for the domain name(s) concerned. Free domain services will never be provided in isolation. If the Customer terminates this Agreement or transfers the domain name to another service provider within three (3) months after the date that the domain name was registered, Cybernetica reserves the right to claim payment from the Customer of its normal fees and expenses for registering the domain name(s) in question.
- 13.16. Payments for a domain name registration are non-refundable. Once a domain name is registered, the WHOIS database stores the information and it is kept there for a period of one year, until the date of renewal (‘Domain Parking’). Domain registration payments will NOT be credited or refunded.
- 13.17. The Registrant Name Holder has up to 7 days after the Domain Expiry date to renew the domain. After which time the domain will enter the redemption Grace Period
- 13.18. Once a Domain Name has entered the Redemption Grace Period, The Registrant Name Holder will incur an additional Redemption fee penalty should the Registered Name Holder request the domain name to be renewed or restored.
14. Backup Services
- 14.1. Customers are solely responsible for backing up their data and Cybernetica strongly encourages ALL Hosting Customers to do so as frequently and completely as possible. Cybernetica will not be liable for any data loss or any other losses or damages related to backups or data recovery without exception.
- 14.2. Cybernetica may, in certain instances, offer a separate backup service in conjunction with hosting Services, and will make such backups available to Customers on request as and when they are available. However, Cybernetica does not warrant or guarantee the availability, completeness or “up to date” status of such backups. Cybernetica offers a website backup service at an additional fee and strongly recommends all customer to subscribe to this service in order to backup their website and / or data
- 14.3. Customers are ultimately responsible for their own data, and Cybernetica strongly encourages such Customers to continue to make their own backups as frequently and completely as possible to ensure that they have recourse in the event of any failure.
- 14.4. Cybernetica also cannot guarantee the condition or fitness of any backups provided. Such backups are provided "as is" and are used at the Customer’s own risk and discretion - whether restored by Cybernetica by instruction from Customers or by Customers themselves. Cybernetica will not be liable for any losses or damages relating to any incidents arising out of such backups being provided (or not provided) to Customers on request.
- 15.1. Cybernetica will provide an environment suitable for the purposes of rendering the Services including but not limited to:
- 15.1.1. redundant electrical power supply;
- 15.1.2. air conditioning so as to maintain the Cybernetica Premises within a temperate range reasonable as determined by Good Industry Practice;
- 15.1.3. fire suppression at a level reasonable as determined by Good Industry Practice;
- 15.1.4. redundant switching infrastructure;
- 15.1.5. Closed-circuit television monitoring;
- 15.1.6. Facilities monitoring at a level reasonable as determined by Good Industry Practice;
- 15.1.7. Access control at a level reasonable as determined by Good Industry Practice;
- 15.2. Notwithstanding the above, Cybernetica gives no warranty in this regard beyond that given in the Standard Terms.
16. Access to the Premises
- 16.1. In the event that the Cybernetica is providing a collocation hosting Service as described above, Cybernetica will provide to the Customer, its employees, authorised representatives or agents, access to the Premises for the purposes of installation, testing, commissioning, operation, repair, upgrade and maintenance of the Customer Equipment at all times, subject to the following:
- 16.1.1. the Customer will provide Cybernetica with reasonable written notice of its intention to access the Cybernetica Premises,
- 16.1.2. access will be subject to such reasonable security procedures as may be determined by Cybernetica from time to time,
- 16.1.3. the Customer notes that Cybernetica may not be the owner of the premises and consequently undertakes to comply with any conditions for access imposed by the owner, and
- 16.1.4. Cybernetica reserves the right to insist that a Cybernetica employee be present at all times contemplated in this clause 16.1.
- 16.2. Otherwise than as set out in clause 16.1, the Customer will not be allowed access to the Cybernetica Premises unless such access is agreed to in writing by Cybernetica, which may impose whatever conditions it sees fit in order to ensure the security of the Cybernetica Premises including without limitation the presentation of appropriate identification such as a South African identity document, passport or driver’s license.
- 16.3. No person not in the employ of Cybernetica will be granted access to the Customer Equipment without the prior written consent of the Customer, save in the event of an emergency.
17. Service Levels
- 17.1. The uptime guarantees, and the resulting SLA (Service Level Agreement) credits, are applied in monthly terms unless otherwise specified. All SLA guarantees and information listed below are made in good faith and are subject to standard contract remedies.
- 17.2. SLA Credit Claim:
- 17.2.1. To properly claim an SLA credit, the dedicated server Customer must open an SLA ticket, located at http://support.cybernetica.co.za, within seven days of the purported outage. The Customer must include service type, IP Address, contact information, and full description of the service interruption including logs if applicable.
- 17.2.2. The SLA claim will be researched by the appropriate department and any credit issued will be issued to accounting and the ticket will be updated. SLA credits are issued as service credits on future billing cycles. SLA credits shall not be bartered, or traded with other Cybernetica Customers. Please allow up to fourteen (14) days for the processing of SLA claims.
- 17.2.3. Cybernetica will credit the Customer pro rata for the Fees paid for the period during which the Service was unavailable.
- 17.2.4. The Customer may not claim damages, either direct or indirect, from Cybernetica in respect of the downtime, and this will be the only compensation that the Customer can claim from Cybernetica in this regard, despite any differing provision of the Standard Terms.
- 17.2.5. The liability of Cybernetica for failing to achieve the minimum service availability in terms of the section above, will be limited to Cybernetica issuing a SLA credit to the Customer, as defined in section SLA Credit Claim and shall never exceed a single month’s billing paid by the Customer.
- 17.3. Service Levels and Omissions: For the purpose of this section, service availability shall mean the availability of the data traffic, sufficient power, and HVAC services, measured from 0:00 to 0:00 each day over a one month period, provided that no one month period shall be used more than once for the purpose of calculating penalties in terms of the section below.
- 17.4. Infrastructure: Cybernetica guarantees 99.9% uptime on service availability to Customers located in its hosting facilities. All computer equipment and related services are served by redundant UPS power units, with backup onsite diesel generators. All servers are connected to Cybernetica’s redundant gigabit network infrastructure. Specific guarantees with SLA information are listed in the table below.
- 17.5. Hardware: Cybernetica guarantees the replacement of failed hardware, and hardware components, located within its hosting facilities. Cybernetica guarantees a failed hardware component will be replaced within four business hours of Customer notification in the trouble ticketing system. Replacement of failed hardware does not include time required to reload the operating system or applications. Specific guarantees with SLA information are listed below.
- 17.6. Exclusions: Customers shall be entitled to service availability of 99.9 % uptime, subject to the exclusion of:
- 17.6.1. Customers currently in arrears for monthly services, do not qualify for SLA claims.
- 17.6.2. Customers who have been in payment arrears three or more times in the previous twelve months, do not qualify for SLA claims.
- 17.6.3. Network, or Power maintenance, enhancements, upgrades and modifications thereto do not qualify for SLA claims.
- 17.6.4. Downtime, outage, interruption in, or unavailability of, the services arising out of, or caused by, malicious or aggressive internet activities by the Customer, thereby causing attacks or counter-attacks.
- 17.6.5. Downtime, outage, interruption in, or unavailability of, the services arising out of, or caused by, upstream network service providers such as Telkom.
- 17.6.6. Downtime, outage, interruption in, or unavailability of, the services arising out of, or caused by, any network, or telecommunication facilities, which do not reside inside Cybernetica’s network.
- 17.6.7. Downtime, outage, interruption in, or unavailability of, the services arising out of any force majeure.
- 17.6.8. Downtime, outage, interruption in, or unavailability of, the services caused by any action, or omission of the Customer, including but without limitation to, operating errors, abnormal operating conditions, improper use, misuse, neglect or abuse of the services.
- 17.7. Cybernetica makes use of upstream providers to itself provide the Services, and consequently service levels are subject to the performance of such upstream suppliers. As a result, Cybernetica can only provide the Service on a “reasonable effort” basis and makes no warranties as regards quality of the Services, including data throughput and availability of the Services.
- 17.8. The Services provide access to the internet, which is subject to bandwidth constraints, system failures and all manner of other factors that may impact on the Customer’s access, for which Cybernetica accepts no responsibility.
18. Effect of Termination
- 18.1. Termination, by the Customer or Cybernetica, will result in any data being permanently removed from Cybernetica’s servers. Customers are solely responsible for ensuring that backups are made of web content and email data, or any other data stored on their hosting space. Cybernetica 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 Cybernetica will be made for legal purposes and not for data retention purposes and will not necessarily be made available to customers on request.
19. Money back guarantee
- 19.1. Cybernetica offers a 60 Day Money-back Guarantee if you are not satisfied with our service. We believe in our products and services and will provide either a full return, or a partial return of money, dependant on usage and / or product in question.
- 19.2. Cybernetica does reserve the right to reject a refund if the service has been partially or wholly utilised by the client.
We want to make the money back guarantee simple, so we are listing below what it does not include, or is subject to. Exclusions from this guarantee:
- 19.3. all domain registrations, renewals and transfers. Domains are paid upfront by Cybernetica, therefore we are unable to offer any money back on domain registrations, renewals or transfers.
- 19.4. ADSL - subject to Cybernetica’s assessment of usage. There have been instances where a client has taken out a capped ADSL account, utilised the majority of it and said then demanded a refund.
Any and all licenses as these are paid up front
- 19.5. Costs incurred by the Provider that are either directly, or indirectly, related to services used by the Customer, shall not be refunded, e.g. Domain Registrations, ADSL connectivity, Modems, cPanel, Microsoft licenses etc
- 19.6. Where the product/service has been utilised by a client to promote their own business in any way whatsoever, shape or form. Again, we have been the target of unscrupulous clients. In this instance, a domain was registered for a competition – the hosting utilised - email marketing sent out, and then a request for a full refund was demanded
- 19.7. Where the client is in breach of our Acceptable Usage Policy
- 19.8. SSL Guarantee and Refund Policy:
Here at Cybernetica we want to make sure that you are 100% HAPPY with our SSL products so we are able to offer you a 14 days SSL money back guarantee.
- 19.9. Cybernetica includes a 14 day refund guarantee on GeoTrust®, Symantec™, Thawte®, RapidSSL® and Comodo® SSL Certificate products. We will cancel and refund or issue a credit for an order upon request by the Customer within 14 days. The refund / cancellation request must be made via our Customer control panel for the specific order in question. All refund / cancellation requests must be submitted within 14 days of the initial order date.
- 19.10. Any product subject to a successful refund/cancellation request must not be in use, must be un-installed and/or deleted. Cybernetica may refuse to cancel and/or refund any order that is in use, not un-installed and/or not deleted.
Basically, if you are fair on the request for a refund we will be fair in approving that refund.
- 20.1.1. Cybernetica offer free installation of the SSL if hosted on our platform
21. Take Down Notice
The Provider has appointed Internet Service Providers' Association (ISPA) as its Agent for the receipt of Take-Down Notices, please contact them in this regard per the contact information below:
Telephone: +27 83 799 6795
22. ICANN - UDRP (Uniform Domain-Name Dispute-Resolution Policy)
All registrars must follow the Uniform Domain-Name Dispute-Resolution Policy (often referred to as the "UDRP"). Under the policy, most types of trademark-based domain-name disputes must be resolved by agreement, court action, or arbitration before a registrar will cancel, suspend, or transfer a domain name. Disputes alleged to arise from abusive registrations of domain names (for example, cybersquatting) may be addressed by expedited administrative proceedings that the holder of trademark rights initiates by filing a complaint with an approved dispute-resolution service provider.
23.The Provider’s Cybernetica Affiliates
- 23.1. The Customer’s affiliate commission, is not applicable to discounted store sign-ups, specials, domain registrations or renewals.
- 23.2. The Customer’s affiliate commission / revenue share, may vary as new products and services are supplied by the Provider to the Customer’s clients.
- 23.3. The Provider‘s Cybernetica Affiliate commission will vary based on the product / service sold and excludes items as reflected in 24.1 above
- 23.4. Affiliate Revenue may only be withdrawn once it exceeds a value of R500.00
- 23.5. Upon receiving a written request from the Affiliate, this amount may be utilised toward the Affiliate’s paid account, or alternatively, it will be transferred via EFT.
- 23.6. Payment delay: the Provider does batch processing of payments once a month, therefore payment will be effected 30 days after your written request has been received.
- Delivery, Returns, Refund & Cancellation Policykeyboard_arrow_down
Any delivery notes, waybill or job card (copy or original) signed by the Customer or a third party engaged to transport the goods and held by Cybernetica shall be prima facie proof that delivery was made to the Customer and are in accordance with the quality and quantity reflected thereon.
All orders and variations to orders are subject to these terms and conditions. Only written orders and variations to orders will be accepted by Cybernetica. This notwithstanding, Cybernetica may, at its sole discretion, elect to accept and act upon telephonic orders and any variations to orders. Cybernetica however reserves the right to refuse delivery of any order until placed in possession of a written order form.
Cybernetica shall be entitled to split the delivery of goods ordered in the quantities and on the dates it decides with the prior consent of the Customer, which consent shall not be unreasonably withheld.
Cybernetica shall be entitled to invoice and deliver each order separately.
The risk of damage to or destruction of goods is passed to the Customer on signature of the delivery receipt upon delivery to the Customer or the Customer’s nominated representative and the Customer undertakes to insure the goods fully, until paid for in full.
Cybernetica is hereby authorized to engage a third party on its behalf and on the terms deemed fit by Cybernetica to transport all goods purchased.
Delivery, commencement and performance times given are merely estimates and are not binding on Cybernetica. Cybernetica warrants that it will use its best endeavor’s to meet such delivery times; time is not of the essence of this agreement unless expressly agreed upon in writing by Cybernetic. Cybernetica shall not be liable for any loss or damage of whatsoever nature which the Customer may suffer as a result of any incorrect or delayed delivery, tampering of commencement or performance.
INVOICES AND DELIVERIES WILL ONLY BE PROCESSED ONCE PAYMENT HAS BEEN CLEARED IN CYBERNETICA’S ACCOUNT.
Deliveries will be scheduled in accordance with the weekly delivery schedule
- 1. Stock shortages may result in delays or part delivery of orders.
- 2. Public holidays or extraordinary events may result in temporary adjustment of the delivery schedule
ORDERS FOR DELIVERY:
- By default, parcels will be sent with the most cost effective service.
- Orders with a value of R1000 excl. VAT will be delivered with the most cost effective service at no charge.
- Extra surcharges will be for customers account eg fuel, outlying area, drive away surcharge fees.
- Delivery charges for every service are quoted during the checkout process and will be added to the invoice where applicable.
- Delivery times are estimated and not a guarantee of delivery date.
Returns, Refund & Cancellation Policy
In the case of repairs undertaken by Cybernetica, repair times given are merely estimates and are not binding on Cybernetica; time is not of the essence of this agreement unless expressly agreed upon in writing by Cybernetica. Cybernetica shall not be liable for any loss or damage of whatsoever nature which the Customer may suffer as a result of any unforeseen costs and/or delayed repairs.
No returns will be accepted without an RMA number. Return Material Authorization (RMA) request form to be submitted online prior to returning any items for any reason. PLEASE COMPLETE RMA APPLICATION ONLINE ON OUR WEBSITE CYBERNETICA.CO.ZA
This number must be used as a reference for all matters relating. Our technical department will issue you with an RMA number which authorizes you to return one item per every RMA number. A full fault description must be completed to enable technical department to test and verify fault.
All defective merchandise returned to Cybernetica must be returned with all cables, power supplies, documentation etc.
Cybernetica is not responsible for the cost of returning any products to Cybernetica offices. For your protection,
please insure the package and ship via a traceable method. Cybernetica is not responsible for lost or damaged packages.
If any of the above conditions are not met, Cybernetica reserves the right either to refuse the return, or to charge a restock fee of not less than 15%.
Acceptance of Products: Cybernetica shall conduct incoming acceptance inspection as soon as possible on receipt of products.
- Terms and Conditionskeyboard_arrow_down
- Registrant Agreementkeyboard_arrow_down
- Pricing Policykeyboard_arrow_down
- Hosting Service Termskeyboard_arrow_down
- Delivery, Returns, Refund & Cancellation Policykeyboard_arrow_down