Website Hosting Policies
BUSINESS SA (PTY) LTD, a private company duly registered in terms of the laws of the Republic, with registration number 2017/153816/07 (hereafter referred to as “Business SA”), operating from the Pinnacle Building, 33 Burg Street, Cape Town, South Africa.
Hosting of the website
You the Client agree to abide by all applicable Conditions of Service and policies found below. Business SA reserves the right to change the Condition of Service ad policies from time to time, in order to accommodate the needs of its clients, changing laws, and advancing technology.
These policies relate to low traffic website hosting. All websites would be hosted on a third-party server. The current server is that associated with GoDaddy.com (GoDaddy Operating Company, LLC. 14455 N. Hayden Rd, Ste. 219, Scottsdale, AZ 85260 USA) or other similar webhosting business. Business SA has a web hosting account with GoDaddy and / or with other webhosting businesses which can host multiple websites.
The client understands that any downtime, loss of data, or technical issues, are not in the hands of Business SA and that they cannot hold Business SA responsible for any loss and damages suffered.
The Client will be solely responsible for providing the content on the Client’s website. This is preferred to be done in conjunction with Business SA, and in terms of a separate agreement.
The client would further be responsible for creating, managing, linking, editing, reviewing, deleting and otherwise controlling all text, pictures, sound, graphics, video and other data for the Client’s Website and all usergenerated content which is provided by the Client for the Website (collectively the “Content”). Business SA is a conduit only, and the Client has complete discretion of the Content, subject to Business SA’s Policies. However, as stated, this is preferred to be done in conjunction with Business SA, and in terms of a separate agreement.
Uploads and Backup
The Client is solely responsible to upload the Content directly to the Website. The client is solely responsible to maintain a complete and current copy of the Website.
The Client Warranties
The Client represents that it will not, upload, display, or otherwise distribution on the Website, any Content that:
infringes on any copyright or patent rights of any third party;
violates any law or regulation;
is defamatory or trade libelous;
is pornographic or obscene;
contains viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming defects which are intended to damage a user’s system or data; or
violates the Business SA Policies.
Disclaimer of Warranties
Except as set forth herein, Business SA and the Client each expressly disclaims all representations or warranties of any kind, express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose.
Limitations on Liability
Neither Party shall be liable for any special, incidental or consequential damages, or for interrupted communications, lost data or lost profits, arising out of or in connection with this Agreement.
Except as otherwise stated, no latitude, extension of time or other indulgence which may be given or allowed by either Party to the other will operate as a waiver or a novation, or otherwise affect any of that Party’s rights in terms of or arising from this agreement, or stop such Party from enforcing strict compliance with the terms of this agreement.
A failure by either Party to enforce any provision of this agreement shall not constitute a waiver of that provision or affect that Party’s right to require performance thereof at any time in the future.
Choice of Law
The law of the Republic of South Africa shall be applicable to this agreement and any matter arising there from.
The Client must abide by all applicable statutes, regulations, ordinances, by-laws and other laws and binds itself to accept the jurisdiction of the courts of law of the Republic of South Africa in respect of any matter arising out of this agreement