Specific Terms & Conditions

1. Interpretation and Definitions
Unless the context clearly indicates to the contrary, any term defined in our Terms of service will, when used in these Specific Terms, bear the same meaning as defined in our Terms of Service.

Unless the context clearly indicates to the contrary, the following words will have these meanings:

Administrator and Registry ZA Central Registry, the administrator of the .co.za Domain Name space.
Administrator Policies The Administrator policies published by the Administrator from time to time located at www.registry.net.za.
Domain Names An easy to remember name that points directly to your website. Wowmedia hosts domain names as part of its Domain Service to customers.
Domain Services The Services we provide to you in respect of the Domain Names as set out in these Special Terms.
Email the Services We provide to you in the form of:
An email box on our systems, which includes an email address or aliases to the email address and
best endeavours virus protection and filtering for unsolicited commercial email (SPAM).
Harmful Code Any computer code that:
Is designed to disrupt, disable, harm, or otherwise hinder the operation of any software, hardware or network (generally referred to as “viruses”, “Trojan horses” or “worms”).
Would disable any software, hardware or network or impair in any way its operation. It does so by running out of a period of time, exceeding an authorised number of copies, advancement to a particular date or other numeral (generally referred to as “time bombs”, “time locks”, or “drop dead” code).
Would permit any person to access any software, hardware or network of any other person without consent (generally referred to as “trap”, “access code”, “backdoor” or “trapdoor” codes) or
Any other similar harmful, malicious or hidden procedures, routines or mechanisms that would cause the software, hardware or networks of any person to stop functioning or to damage or corrupt data, storage media, programs, equipment or communications, or otherwise interfere with operations;
Illegal Content Content in violation of any law.
Location The Wowmedia dedicated server is in an Xneelo Data Centre in Johannesburg

Misrepresentation By a Customer includes:
Actions to deceive, mislead, defraud, or otherwise make incorrect representations to any person regarding any fact or circumstance.
Impersonating or attempting to impersonate or otherwise misrepresenting your identity to any person for whatever purpose.
Altering the content of communications you received and then forwarding it to others without indicating the nature of the alterations, or
forging or otherwise manipulating origination details and data on any electronic data message generated by the Server with a view to disguising or deleting the origin of anything posted or transmitted including the use of “Socks Proxies”, “EZBounce”, “Vhosts”, “BNC’s” or any other software or hardware methods used to disguise or misrepresent your own IP address.
Registrar An entity such as Wowmedia who has been accredited by the Administrator to perform Domain Name related transactions in the .co.za Domain name space.
Registrant The entity applying to register a Domain Name.
Server The computer hardware, machinery, and equipment on which the software operates.
Server Hosting The Services that we provide to you.
Software The operating system and applications we provide to you.
System Abuse Any conduct that does or may:
Damage, impair, overburden, or disable,
interfere with any other person’s use of, or
compromise or tamper with the security of, including spamming and mass messaging, the use of software and technologies known as “floodbots”, “clonebots”, “automated client” ( for example “bots”, “fserv” or “script”), nuking and nuking tools (for example”7th Sphere”).
Interfere with our or any other person’s software, hardware, systems, networks, or the Server.
Beta Services Beta versions or features of our existing or new Services. (Beta Services Terms forms part of our Specific Terms, clause 8)
Trial Period Duration of the Beta Services.

2. Undertakings and Acknowledgements
2.1. We agree to use all reasonable steps to provide the Services to you on a continual basis, for the duration of the Agreement.

2.2. Although we take appropriate and reasonable measures to ensure that the Services are:

Available
Error free
Up to date and
Reliable

The Services are rendered “as is” and “as available” and are used at your own discretion and risk.

2.3 We will establish and maintain reasonable security measures to secure the integrity and confidentiality of any personal information that we host or store for you as referred to in section 19 of the Protection of Personal Information Act 2013 (POPI).

3. Hosting terms
General

We provide web hosting and email facilities for web sites controlled by individuals or companies that do not have their own web servers.

We will use all reasonable steps to verify the identity of your representative that wishes to access your web hosting at the Location. However, we will not be liable for any loss or damage you suffer because of a non-authorised person gaining access to your web hosting at the Location. You must notify us in writing of your representatives who are entitled to access your web hosting at the Location.

If we find that you have breached any of these Specific Terms, we may exercise any rights we may have available to us in law, including (without notice) the right to terminate access to any Services, or suspend or terminate any Services (which may include the deletion of your data).

Content
We have no knowledge of, nor interest in Customer content hosted on your behalf by Wowmedia on a Server or a shared hosting package. We also do not in any way contribute to or approve the content.

Nothing that we do in the performance of our obligations under the Service will be seen as an assumption of responsibility or liability by us as a result of any content. In particular, the limitation of liability in our Terms of Service will apply specifically to any loss, destruction, or corruption of your data, irrespective of the cause, including our negligence, your failure to back it up, us deleting it after the Service is terminated, and any system error or failure whether foreseen or unforeseen.

We will make a package available on a Server, where the Server is shared with other Customers. The Server will (at all times) remain our property. We will setup the Server according to our standard managed hosting Server configuration, at the Location on your behalf. We will not be responsible for the use of software you install (and for any vulnerabilities including traffic generated as per clause 3.10 below, that may result from the use of the software). You use the software at your own risk.

Where agreed to explicitly, we will maintain the WordPress software on our Servers.

You are solely responsible for all bandwidth and traffic related to your hosting package. This includes regularly monitoring usage through konsoleH. You will be liable for any over-usage charges. Any traffic management and reporting tools we give you are given solely to assist you in this process. This does not free you from responsibility, or place any responsibility on us. If you decide to make use of any traffic management and reporting tools:

All information will not be real time information and there will always be a one day delay in the furnishing of information and
We will not be responsible for any traffic spikes, information or denial of service attacks, or any loss or damage you suffer because of the information not being provided in real time.
We are not required to give you further information on traffic usage other than what is reported through konsoleH.
We are not responsible for any licensing of any software you use.

Web Hosting (Shared)
Service Availability, Service Level Guarantee and Network Uptime Guarantee
We guarantee that our network will be available 99.9% of the time in any given month, excluding scheduled maintenance. This means that you should not experience network downtime of more than 43 minutes in any month counted from the first day of every month.

Network uptime includes functioning of all network infrastructure, including routers, switches, firewall, and cabling.

Network downtime exists when a Customer is unable to transmit and receive data to and from our Managed Service and is measured according to our monitoring system.

If network uptime is less than 99.9% (in other words downtime exceeds 43 minutes in a given month), we will credit you 5% of the base monthly fee for every 30 minutes of downtime (up to 100% of your monthly fee for the affected hosting package or Server).

You will not receive any credit:

if there is a degradation of the Service outside our control;
during scheduled maintenance windows;
on the happening of a force majeure event;
should a well formed DDoS attack target your server or hosting infrastructure;
where the downtime is due to:
Failure of access circuits to our network,
domain Name Server issues outside our direct control,
DNS propagation,
negligent customer acts or omissions; or
outages elsewhere on the Internet that hinder access to your hosting services.
We are also not responsible for browser or DNS caching that may make your website appear inaccessible when others can still access it.
These exclusions will not apply where the problems arise from Wowmedia’s Server links to the Internet or our routers.

If you wish to exercise your right to a credit, you must request it by sending an email to us at support@wowmedia.co.za. The email must include the domain name associated with your hosting service in the “subject” line. Each request must include your customer number as well as the dates and times of the network unavailability. We must receive the request within 48 hours of the downtime. Only once we confirm the network unavailability according to our monitoring system, will we give you the credits. We will give you the credits within two billing cycles according to our Refund Policy. Despite anything to the contrary, the total amount we credit to you in a particular month will not exceed the total hosting fee you must pay for the month in question.

Troubleshooting, ad-hoc (intermittent) and emergency work
Any troubleshooting you request will be charged at our standard hourly rate. If the cause turns out to be due to the gross negligence on our part, these charges will be waived. Our senior management will decide whether or not an act of gross negligence has been committed.

If you require any ad-hoc (on request) work to be done outside Business hours you must specifically schedule this with us. We will only attend to emergency work outside of Business hours.

We may invoice you for time spent troubleshooting issues that we find are outside our control that we cannot reasonably be expected to have prevented or solved quickly. Only we may decide what is reasonably within or outside our reasonable control.

4. Email terms
We will provide the following email related Services for Customers:

Filtering of unsolicited commercial email (SPAM): This is done on a best effort basis, without any guarantees, using appropriate best of breed technologies (for example SpamAssassin which is the most widely used open source filtering software);
Virus filtering: This is done on a best effort basis without any guarantees, using appropriate best of breed technologies (for example Clam that is a very popular open source solution).
An SMTP (simple mail transfer protocol) server for the sending of outgoing mail;
A POP3 (post office protocol) server for the downloading of incoming mail.
IMAP (internet message across protocol) Server for the reading of mail.

We will take appropriate and reasonable measures to make your email environment secure and reliable.

We will:

Do our best to support the setup and configuration and not be held responsible if there is any incompatibility between our Systems and any other third party application.

Domain Name Terms
Domain Registration
The Administrator runs the registry system used to process co.za Domain Name related transactions initiated by Domain Name Registrars, such as xneelo (used by Wowmedia), which include domain registrations, domain updates, domain renewals, domain deletions, domain queries and domain transfers.

Xneelo have been accredited as an independent Registrar to register Domain Names on the Administrator’s registry system. All Domain Names that we register on your behalf within the .co.za domain name space are subject to the Administrator Policies, which may be amended from time to time.

We act on your instructions to the extent that those instructions are possible and lawful. Domain Name Administrators have the right to cancel, transfer or suspend a Domain Name registration in certain circumstances. For example where it would put the Administrator in conflict with any law or upon receipt of a court order or ruling of an arbitrator.

We also use the Services of an international registrar to register generic Top Level Domains (gTLDs such as .com and .org) as well as Top Level Domains in non-South African country codes (ccTLDs such as .uk and .eu). This registration is subject to the terms of the relevant registrar OpenSRS/Tucows. Registration, maintenance, or transfer of a Domain Name is subject to the terms of the relevant registry governing the Domain Name. We cannot guarantee the registration of any Domain Name selected by you.

When there is a transfer of ownership the Registrant explicitly authorizes Tucows to act as their Designated Agent, as stipulated by the ICANN Transfer Policy, to approve a Change of Registrant on their behalf. It remains the domain user’s responsibility to check that correct ownership details are listed for the domain.

The following principles apply with regard to Domain Name registrations:

Domains Names are made available on a “first come, first served” basis. We therefore do not guarantee that the Domain Name requested by you is available for registration.
We do not permit “cybersquatting” (also known as “domain squatting”): registering a Domain Name in bad faith with the intention of profiting from the goodwill of a trademark belonging to someone else.
Registering a Domain Name is like getting a licence. As long as the Domain Name is current, you can continue to use it. Domain Names are not regarded as property and cannot be “owned” by anyone. However, the domain name will be registered in the name of the “Registrant”.
It is important to ensure that the correct person or entity is reflected as the Registrant as Wowmedia will only act on the instructions of the Account Owner or anyone authorised to act on the Wowmedia account. In certain instances the Registrant might not be the Account Owner.
You as Registrant or your agent will retain control of your Domain Name. We will maintain the Domain Name for you as part of the Service.
We will insert our details as the billing and technical contact of the Domain Name, unless you register the Domain Name yourself or manage the Domain Name record directly with the applicable Registry.
Any Internet Protocol (IP) address that we allocate to you will remain our sole property. We give you a non-exclusive, non-transferable licence to use the IP address for the duration of our agreement with you.
If you are a Wowmedia Reseller, you agree not to make yourself the Registrant of your customer’s Domain Name. If you do so, we reserve the right to terminate your Reseller status.
All new co.za registrations are allowed a grace period of seven consecutive days immediately following the registration of the Domain Name, during which you can cancel your Domain Name registration with minimal cost implications.
Domain Names are registered for one year. Whilst we will try to ensure that your Domain Name does not lapse, it is your responsibility to ensure that your Domain Name does not lapse. Our systems have been programmed to automatically renew your Domain Name unless you expressly tell us not to do so, in which case it will lapse. We will try to send you a reminder. It sometimes happens that reminders are not received due to events beyond our control and we will not be liable.
If you cancel your Domain Name registration during a grace period, it will be assigned a ‘Pending Release’ status and will not become available for release until the seven day grace period expires. You will be charged a grace period administration Fee of R5 (excluding VAT) for co.za domains and R10 (excluding VAT) for all other domains. Once the grace period has expired, the Domain Name will be released and removed from the Registry database, making it available for anyone else to register. You will receive a refund of the registration fee minus the grace period fee. You will not be able to transfer the Domain Name to another Registrar during the grace period. A Domain Name that is reinstated during the grace period will result in the Domain Name continuing as before with no refunds being processed.

You must provide us with all the information that we request from you. We will not be held responsible if you give us incomplete or inaccurate information that will lead to a delay in the registration process, subsequently resulting in the Domain Name being registered by someone else.

The following fees will be incurred by you:

The annual Administrator Fee for the Domain Name.
Our Service fee for applying for, and where applicable, maintaining the registration of a Domain Name on your behalf and
All reasonable expenses or charges relating to the registration, transfer, or renewal of the Domain Name.
These service fees are non-refundable.

You warrant that:

You are entitled to register and use the Domain Name or
if you are not the Registrant, you have the consent of the Registrant to use the Domain Name; or
You are not prohibited by law or otherwise from registering the Domain Name and
in using the Domain Name, you have not violated any Intellectual Property Rights of any person who may lawfully claim title to the Domain Name or to any word or name forming an essential part of the Domain Name.
You indemnify us against any loss or damage that we may suffer arising from your registration or use of the Domain Name. We act as data processor on behalf of the Administrator, who is the data controller, regarding personal data that you give us when you register a Domain Name. You agree that we may share the personal data that we collect in this way with the Administrator. You agree to indemnify and hold harmless us and our sub-processors against any claim you may have as a result of us sharing your personal data with the Administrator, or the Administrator’s failure to protect your personal data in accordance with applicable data protection laws.

Changes to .co.za Domain Name and Domain Name Information
It is not possible for us or the Administrator to amend the actual Domain Name itself. If there has been an error in the spelling of a Domain Name it will need to be cancelled and a new registration created. Unless you request the change within the seven day grace period mentioned in clause 5.5 and 5.6, you will be required to pay a fee to the Registrar.

Either the Registrant or its agent (as described below) can change co.za Registrant information (for example the Registrant’s name, email address, telephone number and physical address) through konsoleH.

If the Registrant has a Wowmedia account, the Registrant can make the changes.

If the Registrant has appointed an agent with a Wowmedia account to administer the Domain Name, the Domain Name will be linked to that agent’s account and the agent will be able to make the changes.

Wowmedia will only act on the instructions of the Account Owner or anyone authorised to act on the account.

Where a change takes place, the Domain Name status will change to “pending update” and the pending update period of five consecutive days will commence. This five day period has been instituted by the Administrator and cannot be modified by Wowmedia. On expiry of the pending update period, the Domain Name information will automatically be updated.

The Registrant can ask Wowmedia to create a account and transfer control of the Domain Name to the Registrant’s account at any time, provided any requirements laid down by Wowmedia are met.

Disputes
In the event of a dispute around a Domain Name between the Registrant and someone else (including his agent) regarding control of the Domain Name or Wowmedia account to which the Domain Name is linked, we will only act, if we receive written instructions to change the name of the Registrant from:

The liquidator of an incorporated or unincorporated business, where the business has been wound up, whether provisionally or finally, whether compulsory or voluntary.
A letter from the executor, nominated and appointed by the Master of the High Court by virtue of the late Registrant’s estate, requesting that the Domain Name be transferred to a named entity.
An order of Court in relation to any of the above or
An order of an Arbitration Tribunal of competent jurisdiction requiring action in any administrative proceeding, conducted under the Uniform Dispute Resolution Policy adopted by ICANN, Alternate Dispute Resolution Regulations in South Africa or any similar proceedings in another ccTLD or gTLD to which you are a party.
In certain circumstances, the Domain Name might be “locked”. A “locked” Domain Name can only be transferred by the Administrator. The ability to lock a Domain Name is generally intended for situations where a court, or other recognised authority such as an accredited Domain Name dispute resolution provider, intends presiding over a dispute concerning the Domain Name and has informed the Administrator. The Domain Name will be “frozen” until a hearing or adjudication on the matter has been finalised. Only the Administrator is able to lock and unlock a Domain Name.

The Registrant indemnifies us against any loss or damage that we may suffer arising from us preventing either party from accessing or performing Domain Name updates through konsoleH.

Domain Name Transfers to another Registrar
You are able to transfer your Domain Name to another Registrar at any time other than during the grace period.

If you want to do so, a specific process has to be followed. This process has been laid down by the Administrator in the Administrator Policies.

Upon applying to change the Registrar information for a Domain Name through the registry system, the gaining Registrar will commence a Registrar Change Process, which will ultimately result in the proposed changes being implemented.

Domain Name Cancellations
A Domain Name can be cancelled at any time other than during a grace period.

Initiating a Domain Name cancellation request will result in the Domain Name being suspended and ultimately deleted from the Registry.

Once initiated, a period of five consecutive days must run (the “pending suspension” period) whereafter the status of the Domain Name will automatically change to the “pending deletion” period which will run for another five consecutive days. At the end of the pending deletion period the Domain Name will automatically be deleted and revert back into the pool of available Domain Names. Domain Names that have been deleted from the Registry database cannot be reinstated.

The Pending Suspension and Pending Deletion periods are a fixed system parameter instituted by the Administrator and cannot be modified by us.

Domain Name Renewals
We will give you a renewal reminder by email prior to the renewal date of your Domain Name.

If you do not want to renew the Domain Name, you must give notice by clicking on the link in the renewal reminder email. This will automatically instruct us not to renew the Domain Name. This notice must be given at least 33 Business Days prior to the domain name renewal date.

If you do not give the required notice (this can be done by clicking on the link sent in the renewal reminder email, terminating the domain via the konsoleH control panel or by emailing us directly) we will automatically renew the Domain Name and a renewal fee will be added to your next invoice.

Payment Default of the Domain Services
If you fail to pay us any cost or charge relating to the registration, renewal, update, change, or administration of any Domain Name, we may:

Exercise a lien (right to withhold) over the Domain Name until the relevant cost or charge has been paid.
Obtain or allow the suspension, termination, or deletion of the Domain Name or
transfer the Domain Name to another Registrant.

Termination of the Domain Services
If the Domain Service is terminated for any reason, we may, without incurring any liability, notify the relevant Registrar or Registry of the termination and instruct the Registrar or Registry to remove us or any of our systems as the host of the Domain Name even if no replacement is available.

If any of the Registrars or Registries amend, suspend or terminate its provision of a Domain Service or any other aspect of its services upon which we depend for the provision of the Domain Service to you, we will try to ensure the continuance of the Domain Service. If we are unable to ensure the continuance under any circumstances, we will not be liable to you or any other third party for any loss or damages (as contemplated in our Terms of Service) you or any third party may suffer arising from, or in any way relating to, the termination of the Domain Services.

Domain Name Disputes
Various alternate dispute resolution mechanisms apply for Domain Names registered globally. These include:

The Uniform Dispute Resolution Policy adopted by ICANN for certain gTLDs.
The Alternate Dispute Resolution Regulations applicable in South Africa and
similar proceedings in other ccTLDs.
Disputes between you and any third party about registration or use of any Domain Name registration may be brought under any available alternate dispute resolution mechanisms, Court, or Arbitration Tribunal.

We will not participate in any way in a dispute between you and a third party. If you involve us in any dispute, you indemnify us against any loss or damage that we may suffer or expense that we may incur (including legal costs we incur on the attorney and own client scale and you will be liable to pay our attorney’s fees).

Note that the Domain Name will be ‘”frozen” until a hearing or adjudication on the matter has been finalised. Locked Domain Names, although not removed from the zone file, will not be able to be updated, cancelled, reinstated or released until they are unlocked.

Other Services
We offer third party services like Managed WordPress.

While we make every effort to select reliable vendors, maintain relationships and hold them accountable to ensure a reliable service on behalf of our Customers, we do not control and are not responsible for those services and you use those third party services at your own risk.

We will not be liable for any loss or damage you have suffered as a result of your use of such third party services including any interruption or unavailability of the third party services.

Webstay Terms and Conditions (in addition to any others listed on the site) (also the Service Contract)
All copyright in the content and information displayed on this web site is the property of WebStay and/or other 3rd parties. The downloading, reproduction, or retransmission of WebStay Information, is strictly prohibited. By entering this site, you agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of our site and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein, without the prior written consent from an authorized WebStay representative (such consent is deemed given for standard search engine technology employed by Internet search web sites to direct Internet users to this site).

This site may provide you with the ability to use usernames, passwords, or other codes or devices to gain access to restricted portions of this site (“access codes”). The content contained in such restricted areas is confidential to WebStay, and is provided to you for your business use only. We reserve the right
to prohibit the use of such access codes on your behalf by third parties where we determine that such use interferes with our site’s operation or results in commercial benefits or other entities to our detriment.

All WebStay INFORMATION,and the actual SOFTWARE, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, NON-INFRINGEMENT. This also includes NO WARRANTY for system software defects (The Webstay system, PHP, jQuery, Javascript, Mysql), coding errors, hacking, server downtime or any other technical issues. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. By accessing this site and the information contained you acknowledge and agree to the terms of usage set forth herein and assume all risk of such usage. WebStay Information and the actual SOFTWARE, may contain technical inaccuracies or typographical errors. WebStay reserves the right to make changes, corrections and/or improvements to the information and to the products and programs described in such information, at any time without notice.

WebStay will use reasonable endeavours to maintain full system availability, except during scheduled maintenance periods and reserves the right to discontinue providing the site or the service or any part thereof with or without notice to you. The reservations feature of this website is provided solely to assist you in determining the availability of travel-related goods and services and to make legitimate reservations.

I agree by using the Webstay system/website to be financially responsible for all of your use of this website (as well as for use of your account by others, including without limitation any person under the age of eighteen years of age).

I agree that the reservations facilities of this website shall be used only to make legitimate reservations.

I understand that overuse or abuse of the reservation facilities of this website may result in me being denied access to such facilities, at the sole discretion of Webstay.

Because we deal with each other in a non-face-to-face environment, you hereby permit the Company and its online partners (if any) to rely on the fact that:
* all your given details are true and correct;
* you are legally capable of concluding the transaction;
* you have read, understood and accepted these terms and conditions.

The Company must be entitled to rely on instructions that appear to originate from you even if they come from someone else impersonating you, unless you notify us of any irregularities, to act on any instruction purporting to originate from you.

WebStay’s Privacy Policy
WebStay has a strong commitment to providing excellent service to all of our customers and visitors of this Web site, including respecting concerns about privacy. WebStay will explicitly ask when they need information that personally identifies you or allows them to contact you. Generally, this information is
requested when making reservations; when requesting a particular service; when sending feedback. WebStay will use your information by way of example to operate the sites, provide services and to inform you of new features, services and products; to enable us to process, validate and verify reservation and requests for services and for the purposes for which you specifically provided the information; to improve your experience on our website; to improve and develop new features and services; to alert you to new services and special offers.

WebStay shall be entitled to disclose guest information if required to do so to (a) comply with applicable law or with legal process served on WebStay; (b) to protect and defend the rights or property of WebStay, and (c) for the purposes of distributing same to various third parties who are involved in
the provision of the services provided in accordance with these terms and conditions. You are aware that information and data is automatically collected through the standard operation of the Internet servers.

Secured Personal Information
The information you provide is confidential information and is subject to my company’s security procedures and policies. We use Secured Sockets Layer (SSL) for data and other personally identifiable information. This ensures that your information is encrypted as it travels over the Internet and is stored
on a secure server once it reaches us.

Nature of Information on the Site
All material on the site merely constitutes an invitation to do business unless otherwise expressly stated and is not an offer to enter into any transaction.

Linked Third-Party Website and Third-Party Content
The Company, its contractors, agents, owners and employees are not responsible for the contract or privacy policies of any websites to which it may link.

Permission for Hyperlinks, Deep Linking, Crawlers and Metatags
Nobody may establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively referred to as linking), to this site or any subsidiary pages before receiving the prior written approval of the Company, which may be withheld or granted subject to such conditions the Company may specify from time to time.

Governing Law
The terms and conditions pertaining to any services appearing on these pages or sites shall be governed and interpreted in accordance with the laws of the Republic of South Africa and application for any of the services offered on these pages or sites will constitute your consent and submission to the
jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of the terms and conditions pertaining to such services.

1. Anything not listed in the quote/special may result in extra cost
2. Apart from the once-off costs, there could be optional annual and monthly costs.
3. Third party fees may apply, eg. gateway fees, SSL certificate.
4. Wow!Media will not be responsible for or pay any amount of incidental, consequential or other indirect or direct damages, whether based on lost revenue or otherwise, that springs from the use of the website software. This includes hacking and other malicious attacks on the website.
5. Support on the website software is limited to 1 month after the initial creation of the website. Thereafter support will be charged at a normal hourly rate of R 500. This includes, but is not limited to PHP and MySQL upgrades, repair due to site hacking and browser issues. Should the website software prove defective after the initial 1 month period, the client assumes the cost of all necessary servicing, repair or correction.
6. The project starts when the 50% deposit is paid AND all content has been received.
7. Wow!Media uses WordPress and its plugins for the website software. This just means that if the website functionality offered by the website software and its plugins are not sufficient, we will quote separately to add the required functionality.
8. Wow!Media also uses WordPress themes. In other words, the client selects an already developed website layout (theme). If a WordPress theme must be developed and installed, we will quote separately for this.
9. WordPress and its plugins require regular updates. This is the client’s responsibility. However, should the client purchase the monthly maintenance plan, Wow!Media will ensure regular updates are done.
10. Quote valid for 14 days
11. By accepting our quote, you acknowledge that you have read and accepted the terms & conditions above.

WordPress Management Service

Terms of Service
These terms of service (“Terms”) is a legal agreement (“Agreement”) between you, either an individual or a single legal entity (“You” or “you”), and Wow!Media, who provides a WordPress Management service available at www.wowmedia.co.za. (You and Wow!Media each a “Party” and collectively the “Parties”). These Terms govern your use of any Wow!Media services (“Services”), the Wow!Media website and any subpages (“Site”), and any other services provided by Wow!Media, including any updates and any accompanying written documentation (collectively the “Software”). The Software, the Site and the Services may be referred to as the “Services.” By clicking the “I AGREE” or similar button, or using any Services, you signify that you have read, understand, acknowledge, and agree to be bound by the Terms. If you do not agree to these Terms, then do not indicate acceptance and do not use the Services. If you agree to these Terms on behalf of a legal entity, you represent that you have the authority to bind that legal entity to these Terms. If, after your electronic acceptance of this Agreement, Wow!Media finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. Wow!Media shall not be liable for any loss or damage resulting from Wow!Media’s reliance on any instruction, notice, document or communication reasonably believed by Wow!Media to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Wow!Media reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.

DESCRIPTION OF THE SERVICE
Wow!Media provides a WordPress management service, managing virtually any number of WordPress sites including, but not limited to, management, monitoring, backup, deployment, publishing, and security tools. The service you subscribe to may contain one or more of these services mentioned.

1. Account & Fees
1.1 You must register with Wow!Media to use the Services, and you agree to keep your registration information accurate, complete and up-to-date as long as you continue to use the Services. If Wow!Media has reason to believe that your registration information is untrue, inaccurate, out-of-date, or incomplete, Wow!Media reserves the right, in its sole and absolute discretion, to suspend or terminate your account.

1.2 Our charges to provide the Services to Customer are set out on wowmedia.co.za. Fees applicable to any renewal Term will be at our then-current rates, provided that we have notified Customer that an adjustment will take effect at the time of renewal prior to the date by which Customer may opt out of the applicable renewal.

1.3 If you sign-up for a Paid Account, you agree to pay the fixed subscription, for the account type you have selected and agree to any applicable restrictions and quotas. As stated in further detail below, if you use a credit card for payment, you authorize Wow!Media to automatically renew your subscription and charge the then-current renewal fees to the credit card associated with your account unless you notify Wow!Media in advance that you do not want your subscription renewed. You may cancel your subscription prior to the next billing date to avoid future charges. Service will continue until the end of the current billing period, but no service fees will be refunded.

1.4 If you have signed up for a Wow!Media Account, any discounts agreed upon with your order will be honored throughout the period specified. If the account owner fails to pay for services within 14 days of the payment due date or discontinues Paid Account services, any and all discounts applied to the user’s account forfeits their life-time discounts will no longer apply. Unless otherwise stated, Customer will be charged the Fees beginning on the Effective Date.

2. Refunds
2.1 Wow!Media refunds are issued if you request a refund before the end of your subscription period. Refunds will not be issued for Services already used. If you are interested in a refund, contact Wow!Media immediately to avoid additional fees. For monthly subscriptions to Paid Accounts, refunds are prorated based upon the number of unused days of service that Services were used for that monthly period.

3. Term & Termination
3.1 These Terms, and any posted revisions, remain in effect as long as you continue to maintain an account or use the Services. You may terminate your account at any time, for any reason, by emailing Wow!Media and discontinuing use of the Services.

3.2 If you have a Paid Account, Wow!Media may terminate your account and these Terms immediately and without notice if you fail to renew your subscription, fail to pay any fees or invoices after 14 days when due, or otherwise fail to comply with these Terms. On termination or expiration of your account or these Terms, you will no have access to the Services, and Wow!Media will no longer access and restore your backup data. Also, you specifically agree that Wow!Media has no obligation to provide you or anyone else with a copy of your backup data and may automatically purge your backup data from Wow!Media systems.

4. Passwords & Security
4.1 You are responsible for keeping your passwords secure, and you agree not to disclose your passwords to any third party. You are solely responsible for any activity that occurs under your user names and accounts, including any sub-accounts. You must notify Wow!Media immediately of any unauthorized use of your accounts or any other security breach related to the Service. If Wow!Media determines that a security breach has occurred or is likely to occur, Wow!Media may suspend your accounts and require you to change your user names and passwords. Wow!Media will not be liable for any loss you incur due to any unauthorized use of your account. You, however, may be liable for any loss Wow!Media or others incur caused by your account, whether caused by you, or by an authorized person, or by an unauthorized person.

5. External Links
Wow!Media may provide access to resources and links to other websites. When you access a non-Wow!Media website, even one that may contain the Wow!Media logo, you leave the Wow!Media Website and understand that it is independent from Wow!Media, and that Wow!Media has not reviewed nor is it responsible for the content of any linked websites. Wow!Media makes no representations whatsoever about such resources or other websites. The inclusion of any link to a website does not imply endorsement by Wow!Media of the website or their entities, Services, or services. All warranties, conditions or other terms express or implied as to any such linked website, including without limitation as to accuracy, ownership, validity or legality of any content of a linked website, are hereby excluded. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

6. Changes to the Service and Terms
Wow!Media reserves the right at any time to modify, suspend, or discontinue providing the Service, in whole or in part. In the event Wow!Media anticipates that any such action will significantly affect your use of the Service in a negative way, Wow!Media will endeavour to provide you with advance notice by email, an in-client message or by posting relevant information on the Site.

Wow!Media reserves the right to modify these Terms at any time, and each such modification will be effective upon posting on the Site. All material modifications will apply prospectively only. Your continued use of any Services following any such modification constitutes your agreement to be bound by the modified Terms. To stay informed of any changes, please review the most current version of these Terms posted on the Site. If you do not agree to be bound by these Terms, you must stop using the Services immediately. Wow!Media assumes no liability or responsibility for your failure to review the current version of these Terms.

7. User Indemnity
You agree to defend, indemnify, and hold Wow!Media, its suppliers, resellers, partners, and their respective affiliates harmless from and against any claims, liabilities, damages, losses and expenses, including reasonable attorney fees and costs, in connection with:
your use of the Services;
your violation of these Terms;
your violation of any third-party right, including any intellectual property right; or
any claim that use of your data caused damage to a third party.
This indemnity obligation will survive the termination or expiration of your account and these Terms or your use of the services on your account.

8. Disclaimer
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON Wow!Media OR ITS AFFILIATES (AS DESIGNED BELOW), ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE WORDPRESS MANAGEMENT SERVICE AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. Wow!Media DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Wow!Media AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY Wow!Media OR ANYTHING RELATED TO Wow!Media, YOU MAY CLOSE YOUR Wow!Media ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THIS AGREEMENT AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. Wow!Media IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS EMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH Wow!Media TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON OUR WEBSITES MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. Wow!Media DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, Wow!Media DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. Wow!Media DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. Wow!Media DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, Wow!Media DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE Wow!Media SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.

9. Limitation of Liability
IN NO EVENT SHALL Wow!Media, IT’S DIRECTORS, EMPLOYEES, AGENTS, AND ANY THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY.

IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.

IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that in no event shall WOW!MEDIA’S total aggregate liability exceed R5,000.00 ZAR.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

10. Dispute Resolution
This Agreement shall be governed by and construed in accordance with the law of South Africa. You agree that any action relating to or arising out of this Agreement shall be brought in the courts of Cape Town, South Africa.

11. Miscellaneous
11.1 Severability

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

11.2 Entire Agreement

You agree that these Terms constitute the entire, complete and exclusive agreement between you and Wow!Media regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Wow!Media services, third-party content or third-party software.

11.3 Injunctive Relief

In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.

11.4 Assignment

You may not assign or delegate any rights or obligations under these Terms. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under these Terms, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Wow!Media for any third party that assumes our rights and obligations under these Terms.

11.5 Privacy Policy

You agree that Wow!Media’s collection, use and disclosure of your personal information, backup data or any other data will be governed by Wow!Media’s Privacy Policy, which is incorporated into these Terms by reference, and is available in its entirety here:

WowMedia.co.za

11.6 English Language Controls

This Agreement, along with all policies and the applicable product agreements identified above and incorporated herein by reference (collectively, the “Agreement”), is executed in the English language. To the extent any translation is provided to you, it is provided for convenience purposes only, and in the event of any conflict between the English and translated version, where permitted by law, the English version will control and prevail. Where the translated version is required to be provided to you and is to be considered binding by law (i) both language versions shall have equal validity, (ii) each party acknowledges that it has reviewed both language versions and that they are substantially the same in all material respects, and (iii) in the event of any discrepancy between these two versions, the translated version may prevail, provided that the intent of the Parties has been fully taken into consideration.