By signing up for and using the services, creates a contract between client and Rlkington project management, consisting of the order, the applicable service description and this agreement and you are agreeing to be bound by the terms of this agreement and all terms and conditions incorporated by reference in this agreement, including Elkington project management’s usage policies. Your use of the services constitutes acceptance of this agreement. Your agreement to the terms hereof also constitutes your agreement to the user agreement.
1. GRANTING OF ACCESS AND HOSTING
Elkington Project Management grants the client access and use of the Elkington Project Management Web server (the “system”), the client’s website shall be hosted on the Elkington Project Management Server at www.dubeexecutivesuites.co.za (the “website”). This Agreement and rights it grants to the client may not be ceded, assigned, leased, rented, sublicensed or otherwise transferred by the client to a third party, without the prior written authority of Elkington Project Management.
2. ACCESS TO AND USE OF SYSTEM
The client may not use their website for, or in connection with, any unlawful or unauthorized purpose. The client acknowledges and agrees that Elkington Project Management may implement technical measures that permit Elkington Project Management to verify the client’s compliance with the terms of this agreement. The client’s right to access their website and associated files ends upon termination of this agreement for any reason whatsoever.
3. HOSTING PERIODS AND FEES
3.1 Duration: month to month with 1 calendar months cancellation notice.
3.2 Fees: as per Elkington Project Management website development, website hosting and email hosting offering.
3.3 Elkington Project Management reserves the right to increase fees annually.
3.4 Any increase will take effect from the date on which is notified to the client in writing and the client will be notified via email 2 weeks prior to the increase taking effect.
3.5 “Late Payment fee” means the fee which may be charged if the client does not pay their fees within 7 days from date of invoice and/or statement per website. The current late payment fee is R100 (one hundred rands).
3.6 “Reconnection fee” means the fee which may be charged if the service has been deactivated due to non payment and/or cancellation per website. The current reconnection fee is R120 (one hundred and twenty rands).
The client is liable to pay the monthly fees in advance. Access to and usage of the system will only be granted once successful payment of the fees have been received. Thereafter fees are payable in advance by way of Debit Order which will be set up by Elkington Project Management for the remaining months. Should the client choose to pay fees months in advance, the contract will be valid for that period and fees are not refundable under any circumstances for early termination of the contract period. Access to and usage of the system will be blocked if Elkington Project Management has not received full payment of the monthly fees and/or additional monthly services charges related to:
a. Website and Email hosting;
b. Website design and development;
within 7 days from date of invoice and/or statement.
5. ELKINGTON PROJECT MANAGEMENT SYSTEM AND WEBSITE ACCESSIBILITY
5.1 The Client shall not have any claims against Elkington Project Management, nor shall be entitled to any reduction in fees payable under this agreement, in the event that the Elkington Project Management system is not accessible as a result of:
5.1.1 Routine or planned maintenance;
5.1.2 Circumstances beyond the reasonable control of Elkington Project Management (including without limitation, the failure of hosted network infrastructures, including routers, switches and cabling provided by Telecommunications and Internet Service Providers); and/or
5.1.3 Other downtime resulting in the system being unavailable due to electricity failure or load shedding.
5.2 For the purpose of this clause 5, downtime is measured from the time a fault is logged by a client (provided that the fault is verified by Elkington Project Management as arising from the failure of the Elkington Project Management server and/or supporting software), to the time that the system is once again accessible to and data is capable of being transmitted and received on the website by a client.
6. EARLY TERMINATION AND BREACH
Month to month hosting may be cancelled upon 1 calendar months written notice to Elkington Project Management. If the client fails to pay Elkington Project Management an outstanding amount within 7 days from date of invoice and/or statement, Elkington Project Management may cancel this agreement without further notice to the client and the full amount of the fees for the remainder of the contract period shall immediately become due and payable. The client shall be liable for all collection costs, including legal fees on an attorney and client scale, as well as collection fees and tracing fees. Elkington Project Management may provide any credit bureau with the client’s information if the client fails to make payment of any outstanding amount to Elkington Project Management. If the client fails to comply with the provisions of clause 2 of this agreement, Elkington Project Management may immediately cancel this agreement and claim the full amount of the fees for the remainder of the period as well as damages. Any data generated or contained by the client on the Elkington Project Management server shall only be released once all outstanding amounts owed by the client are paid in full to Elkington Project Management.
Elkington Project Management shall not be liable to the customer for any indirect or consequential losses. The client’s use of the server is undertaken entirely at the client’s risk. This is the whole agreement between the parties containing all of the express terms agreed to between them regarding the license. No party may rely on any representation that allegedly induced that party to enter into this agreement, unless the representation is recorded herein. No agreement varying, adding to, deleting from or cancelling this agreement shall be effective unless in writing and signed by both parties. No relaxation by Elkington Project Management of its rights in terms of this agreement at any time shall prejudice or be a waiver of its rights (unless it is a signed written waiver) and it shall be entitled to exercise its rights thereafter as if such relaxation had not taken place. In the event of it being necessary for Elkington Project Management to instruct its attorneys as a result of any breach of these conditions by the client or to recover any amounts owing by the client to Elkington Project Management, the client agrees to pay for all legal cost on the attorney and client scale inclusive of collection commission, tracing charges, validation fees and stamp duties on any form of security Elkington Project Management may require from the client. The client chooses the physical addresses registered on the client’s Elkington Project Management account as the address at which they will accept service of all notices and legal process arising from this agreement. Elkington Project Management chooses the electronic mail addresses: email@example.com and firstname.lastname@example.org as the addresses to which they will accept notices and legal process arising from this agreement. The parties must notify each other of any changes to their contact details in writing within 7 days of such change.
* We reserve our right to change or amend our Standard Terms & Conditions from time to time. Updated Standard Terms & Conditions can always be requested in writing at: email@example.com or viewed online on our website at http://elkington.co.za/terms-and-conditions/