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Terms and Conditions

Small Business Website - Frequently asked question

DOMAIN
Domain 1.1 DOMAIN NAME: What name to choose? Your name is generally your company or product name with .co.za or .com. Use .co.za if you target the local market and .com if you have plans to go global. Use .org if you are an institute, NPO or development organisation. We will help you make the right choice.
Domain 1.2 DOMAIN REGISTRATION: When does my domain get registered? Registration begins after the first successful debit run - this is on the 1st of each month.
Domain 1.3 TRANSFER TO THE BUSINESS CITY: How do I transfer to The Business City? Many businesses want the benefits and move their domain - when we send you the application form write the name of your current domain (website address)  - we will handle the process for you.
Domain 1.4 UNLIMITED EMAIL ADDRESSES: Our hosting package includes unlimited email addresses. These are limited to employees of the business entity registered. Where there is suspected misuse of the service we reserve the right to cancel the account.


PAYMENT
Payment 2.1 PAYMENT OPTIONS: How do I pay? All payments are done via Debit Order (R120.00 monthly with a once off registration fee of R300.00 and annual renewal of R300.00. Your bank statement will show a collection from SAGE or NETCASH.
Payment 2.2 PAYMENT OPTIONS: Can't wait for the first debit order? You can pay the registration fee (R300.00) at your earliest - as soon as we get proof of payment we will begin registration (you will then only be debited R120.00 in the debit run on the 1st)
Payment 2.3 PAYMENT OPTIONS: Can I pay cash?Cash is paid annually (R1 600.00 per year).
Payment 2.4 CANCELLATION: How do I cancel? We do not hold you to any long term contracts - it's month to month. Simply give us one month notice and the hosting account will be transferred to the new host. However, the website you get with your hosting (valued at R3600.00) is free for existing clients. Should you choose to transfer hosting the transfer does not include the website. This is to protect ourselves from developers or clients who simply use our company to get free websites built and move them away. Should there be a request to transfer the website with the domain there is a charge of R3 600.00 (recovery of our invested time and resources in the construction of the website)

There is a no refund policy for cancellation should you opt for the cash annual option.
Payment 2.5 VALUE: I've seen lower hosting fees? Some hosts charge very low hosting fees - however - you generally pay per email box after the first few, you pay for the website, pay for changes, pay for the database to setup a database driven websites (our websites are database driven) etc all eventually adding up to much more than R100 per month. Alongside the social network your business is connected to - we are excellent value
Payment 2.6 BOUNCED DEBITS: All bounced debits incur a penalty fee of R30.00 which will be charged to you.
Payment 2.7 NON PAYMENT: Should a debit order not go through a cash payment and rejection fee of R30.00 must be paid immediately to avoid suspension of services. We reserve the right to suspend the account until full payment is received. The Business City reserve the right to cancel or suspend any account at their discretion

Payment 2.8REACTIVATION Should a debit order not go through you will be notified and need to pay the monthly fee of R120.00 and rejection fee of R30.00 immediately a total of R150.00. Failing such your account will be set aside for suspension and cancellation of services at the end of the month. To reactivate a domain set for cancellation you will be billed the debit order rejection fee as well as a reactivation fee of R120.00 a total of R150.00 in the reactivation month. Billing will resume on the 1st of the new month at the normal rate. Domains not rectivated before the annual renewal will be terminated and a complete reregistration will take place


WEBSITE, PROFILE AND LOGO
Website 3.1 EDITING: How much is editing? Many designers do now allow you to edit your website - our websites are CMS (database driven - Content Management Systems) This means you can login to your website and make changes similar to how you edit a Word document. We do not charge you if you make changes to your website. We also provide 1 free hour of editing a month. Hours cannot be accumulated and must be used within the month the hour is credited to you.
Website 3.2 PROFILE: What if my profile is incomplete? Simply send us a basic summary - even as an email or over the phone - we will flesh it out for you.
Website 3.3 UNIQUE: Is the website unique? Yes, every website is branded according to your preferences and brand. Our design team also makes recommendations for a high quality result
Website 3.4 LOGO: I have no logo! We will setup a basic logo for you that we can swop out once your logo is ready
Website 3.5 BIGGER REQUIREMENTS: I need a more advanced website? We develop websites that include catalogues, video, news websites and more. Contact us for your specialised requirements. When we reach more than three rounds of additions by the clients for the small business websites in the final approval stage we bill any additions at R290.00 per hour. This rarely occurs as we ask clients to ensure they do a full review and send what they may have missed in the first two rounds of changes and additions.
 
DISCLAIMER
The Business City, The Genius Factory PTY LTD and its members, officers, employees, agents and related entities responsible for maintaining this website believe that the information contained on this website is correct. By continuing to use this web site, the user shall be deemed to have accepted all terms and conditions and subsequent changes. However, no representation or warranties of any nature whatsoever are given, intended or implied, and you should rely on your own inquiries as to the accuracy of any information or material available from this website. Please note that information provided on this website is general information only, is subject to change without notice and should not be relied on as a substitute for legal, financial or other expert advice.
The Business City and The Genius Factory PTY LTD disclaims all liability and responsibility, including for negligence, for any direct or indirect loss or damage suffered by any person arising out of any use of this website or any information or material available from it.
 
DEFINITIONS
1.1 "Agreement" means the Application read together with these terms and conditions;
1.2          "Applicant" means the party making application for the delegation or update of the Domain Name in terms of this Agreement, and who shall be identified on line 2a of the Application;
1.3          "Application" means the application for the delegation or update of the Domain Name submitted by, or on behalf of, the Applicant and to which these terms and conditions apply;
1.4          "Domain Name" means the domain name in the ".co.za" namespace of the Internet, designated by the Applicant in the Application, and governed by the Agreement.
1.5          "Effective Date" means, in respect of the registration of the Domain Name to the Applicant, the date on which such registration is allocated by UniForum (as evidenced by an electronic message from UniForum to (The Genius Factory Pty Ltd, The Business City and Business Twenty Four direct or via nominated Host) confirming same);
1.6          "TGF" means The Genius Factory Pty Ltd (Association Incorporated under Section 21), The Business City and Business Twenty Four and all subsidiaries of The Genius Factory Pty Ltd
1.7          "Administration Sites": means The Business City official administration websites including, but not limited to: http://www.thebusinesscity.co.za
2. GF is responsible for registering domain names of the Internet. These terms and conditions apply to all domain names we register.
3. Fees
3.1 Applicant shall, within 30 (thirty) days of the Effective Date, pay the then current fee in respect thereof, as determined by TGF from time to time. In addition, Applicant shall, within 30 (thirty) days of the anniversary of the Effective Date pay an annual renewal fee, as determined and published by TGF from time to time, in respect of the Domain Name registration.
3.2 Should applicant fail to pay any of the fees TGF 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 registration in whole or in part.
4. TGF shall under no circumstances whatsoever be obliged to determine the right of the Applicant to the Domain Name. Domain names are registered on a "first-come-first-served" basis and the registration of the Domain Name by TGF shall in no way constitute any indication or warranty of Applicant's right to utilise such name.
5. Applicant's Warranties & Indemnity
5.1 Applicant hereby irrevocably represents, warrants and agrees that:                            
5.1.1 its statements in the Application are accurate and complete;
5.1.2 it has the right without restriction to use and register the Domain Name;
5.1.3 it has a bona fide intention to use the Domain Name on a regular basis on the Internet;
5.1.4 the use or registration of the Domain Name by Applicant does not or will not interfere with, nor infringe the right of any third party in any jurisdiction with respect to trade mark, service mark, trade name, company name, close corporation name, copyright or any other intellectual property right;
5.1.5 it is not seeking to use the Domain Name for any unlawful purpose whatsoever, including, without limitation, unfair competition, defamation, passing off or for the purpose of confusing or misleading any person;
5.1.6 at the time of the initial submission of the Application, and at all material times thereafter, it shall have an operational name service from at least two operational Internet servers for the Domain Name. Each server is and will continue to be fully connected to the Internet and be capable of receiving queries relating to the Domain Name and responding thereto;
5.2 Pursuant to the above warranties, Applicant hereby agrees that it shall defend, indemnify and hold harmless TGF, its 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 shall include, without limitation, those based upon trade mark infringement, copyright infringement, dilution, unfair competition, passing off, defamation or injury to reputation. TGF agrees to give Applicant written notice of any such claim, action or demand within reasonable time of becoming aware thereof. Applicant agrees that TGF shall be defended by attorneys of TGF's choice at Applicant's expense, and that Applicant shall advance the costs incurred in such litigation, to TGF on demand from time to time.
6. TGF gives no warranties of any nature whatsoever with regard to the Domain Name, the registration or use thereof and hereby disclaims all such warranties, whether express or implied.
7. Applicant agrees that TGF shall have the right to withdraw the Domain Name registration (in whole or in part) or transfer the Domain Name (as the case may be):-                             
7.1 In the circumstances contemplated in clause 3;
7.2  Should TGF receive an order by any competent court having jurisdiction;
7.3 Should Applicant breach any other provision of this Agreement, and fail to remedy such breach within 14 (fourteen) days of receiving written notice from TGF calling upon it to do so;
7.4 Should TGF receive 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 TGF.
8. Applicant acknowledges that all information provided to TGF in the Application may be disseminated and/or published by TGF in a manner generally accepted in the domain name industry, including but not limited to publication of such information on UniForum's Administration Sites, and Applicant hereby irrevocably and without limitation consents to the dissemination and/or publication of such information.
9. Under no circumstances whatsoever shall TGF be obliged to:-                         
9.1 Act as an arbiter of disputes arising out of the registration and use of the Domain Name;
9.2 Refund any fees paid by the Applicant in terms of clause 3.
10. Should TGF be presented with evidence that indicates that the Domain Name violates the rights of a third party, TGF shall be entitled to provide the complainant with Applicant's name and contact particulars and all further communication will exclude TGF and TGF will have no further obligations to the Applicant or complainant.
11. TGF WILL UNDER NO CIRCUMSTANCES WHATSOEVER AND HOWSOEVER ARISING BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (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 TGF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT DEROGATING FROM THE AFOREGOING, TGF's LIABILITY FOR DIRECT DAMAGES ARISING OUT OF THIS AGREEMENT SHALL UNDER NO CIRCUMSTANCES EXCEED THE REGISTRATION OR AMENDMENT FEE, AS THE CASE MAY BE, PAYABLE BY APPLICANT.
12. The Applicant hereby consents to the jurisdiction of the High Court of South Africa sitting at Pretoria for the adjudication of any legal dispute between TGF and Applicant and the Agreement will be construed and interpreted in accordance with the law of the Republic of South Africa.
13. The Agreement may only be varied or cancelled with the express written consent of TGF.
14. Without derogating from the aforegoing, Applicant hereby acknowledges that TGF may alter, delete or supplement ("amend") the Agreement, or parts of the Agreement, by publishing such amendments on TGF's Administration Sites from time to time. Applicant accepts that it is incumbent on it to monitor such changes and it hereby agrees that should it fail to notify TGF of Applicant's wish not to be bound by such amendments within 30 (thirty) days of such amendment being published, it shall conclusively be deemed to have acceded and agreed to the amendments thus published.
15. 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.
 
EMAIL
16 All clients are given instruction on how to download mail off the server into their email clients.
16.1.1 The Busines City will purge any mail that is older than 90 (ninety) days for mailboxes;
16.1.2 if you exceed your mailbox size, no new mail or attachments will be delivered to your mailbox. You will, however, be able to receive mail again if you either delete mail and/or attachments from your mailbox or by purchasing additional space;
16.1.3 subject to any other technical limitations, The Business City restricts the size of an individual mail, sent or received, to 2Mb per mail; and
16.1.4 the number of recipients on your mailing list may not exceed 20. The Business City reserves the right to reduce the size of your mailbox, should you be in breach of the Agreement
17.1 Upon suspension or cancellation of your subscription you will lose and The Business City will re-claim your username and mail address. The Business City may re-issue your username and mail address to a new subscriber 90 days after suspension or termination of your The Business City subscription. It is your responsibility to inform everyone so that they do not inadvertently send mail intended for you to the new subscriber. Please note that it is only the email address and not the content of any mailbox that will be reserved.
17.2 Once your account is suspended or terminated, The Business City may not keep copies of your e-mails on our servers. E-mails may be deleted and purged off the system daily.
 
E & O.E