CUSTOMER SERVICE AGREEMENT
This is an agreement between you and Host4 Group – Hosting Solutions cc, trading as Paradigm Business Solutions (hereafter referred to as “Paradigm Business Solutions”), regarding your use of Paradigm Business Solutions’ computers, interactive information, communication and server management service. This Agreement governs the terms and conditions under which Paradigm Business Solutions makes the services offered by Paradigm Business Solutions available to individual consumers through a personal computer or similar access, or to individual consumers or small businesses in connection with the “Paradigm Business Solutions” web hosting or similar services. Under this Agreement, you must comply with Paradigm Business Solutions’ then current “Acceptable Use Policy,” as updated from time to time by Paradigm Business Solutions.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
1. Paradigm Business Solutions will host an account for you, the purchaser (hereafter referred to as the “customer”), for the cusomer’s chosen domain name, for the period of time (the Term) corresponding with the payment plan chosen by the customer. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated. We require notification of non-renewal with at least 30 days notice but not more than 60 days prior to the renewal date. You must have all account information to cancel and send your notification via email to firstname.lastname@example.org, upon receipt of the email we will provide you with an online cancellation form which must be completed to confirm cancellation. If you do not provide this notice and also complete the online cancellatio form, you will be charged for the next terms rate. There are no refunds on a la carte services.
2. The customer agrees to an online, paperless subscription and acknowledges that all the information that is submitted online is true and correct to the best of their knowledge. The customer agrees that the act of submitting the order form online is in lieu of their signature.
3. Initial Set-up fees are non-refundable. Domain Name Registration fees constitute a once-off payment subject to certain renewal charges. Domain names are initially registered under Paradigm Business Solutions’ name and are only transferred to the customer’s name after 120 continuous days of subscription to Paradigm Business Solutions’ service. Free domain name registration is only applicable for the 1st year of hosting and the customer will be charged a domain name renewal fee once the initial year’s registration lapses. If a notice of cancellation is received within 120 days of signing up then the customer will be liable to pay the domain registration fees or the domain name will not be transferred to the customer’s name. Paradigm Solutions may request customer to provide documents to proof customer identification for any domain updates if it seems necessary.
4. The Account Holder acknowledges that Paradigm Business Solutions will not be liable for any loss of use, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, delict, or otherwise which may be suffered as a result of or which may be attributable, directly or indirectly, to the use and/or registration of the selected domain name and accordingly indemnifies Paradigm Business Solutions against any loss whatsoever arising from any dispute or claim occasioned by the registration, domain name expiry and/or domain name hijacking of the selected domain name whether occasioned by any act or omission of Paradigm Business Solutions, its representatives, agents or employees or otherwise.
5. Paradigm Business Solutions’ services are provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Paradigm Business Solutions expressly disclaims any representation or warranty that the Paradigm Business Solutions services will be error-free, secure or uninterrupted. No oral advice or written information given by Paradigm Business Solutions, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice. The terms of this Section will survive any termination of this Agreement.
6. The Virtual Web Server Internet account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. Further, the Account Holder agrees not to store, transmit, link to, advertise or make available any images containing pornography. Violations of these or any other provisions of this Agreement may result in termination of the services provided by Paradigm Business Solutions, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of Paradigm Business Solutions based upon the severity of the violation.
Paradigm Business Solutions reserves the right to refuse service if any of the content within, or any links from, the Account Holder’s website is deemed illegal, misleading, or obscene, or is otherwise in breach of Paradigm Business Solutions’ then current Acceptable Use Policy, in the sole and absolute opinion of Paradigm Business Solutions. Notwithstanding anything in this Agreement, the content of the Account Holder’s website is the sole responsibility of the Account Holder. The Account Holder agrees to indemnify and hold harmless Paradigm Business Solutions from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney’s fees, costs, and other expenses incurred Paradigm Business Solutions, (collectively, Claims) related to or in connection with the content of the Account Holder’s website. The terms of this Section will survive any termination of this Agreement.
7. Any domain orders/renewal are not guranteed by Paradigm Business Solutions in any condition even if the payment has been made by the client.
8. Account Holder acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Account Holder. Account Holder is aware that Paradigm Business Solutions reserves the right to change the specified rates and charges from time to time.
9. The Account Holder agrees to follow generally accepted rules of “Netiquette” when sending e-mail messages or posting to newsgroups. Account Holder is responsible for security of its password. Paradigm Business Solutions will not change passwords to any account without proof of identification, which is satisfactory to Paradigm Business Solutions, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes Account Holder, Account Holder understands that Paradigm Business Solutions will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Paradigm Business Solutions be liable for any losses incurred by Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless Paradigm Business Solutions from any and all Claims arising from such ownership disputes. The terms of this Section will survive any termination of this Agreement.
10. The Account Holder agrees not to harm Paradigm Business Solutions, its reputation, computer systems, programming and/or other persons using Paradigm Business Solutions’ services. Paradigm Business Solutions reserves the right to select the server for Account Holder’s website for best performance. The Account Holder understands that the services provided by Paradigm Business Solutions are provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If the Account Holder’s website overwhelms the server and causes complaints from other users, the Account Holder has outgrown the realm of shared servers, and will need to relocate its website. Paradigm Business Solutions will refund any unused portion of prepaid services. If the Account Holder refuses to comply with this Section, then Paradigm Business Solutions has the right to terminate the services provided to the Account Holder without any refunds of the unused portion prepaid by the Account Holder. The Account Holder agrees to indemnify and hold harmless Paradigm Business Solutions and any other Account Holder from any and all Claims resulting from the Account Holder’s use of the services provided by Paradigm Business Solutions. The terms of this Section will survive any termination of this Agreement.
11. The Account Holder’s rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of Paradigm Business Solutions.
12. If the Account Holder sells or resells advertising or web space to a third party then the Account Holder will be responsible for the contents of that advertising and the actions of that third party. Paradigm Business Solutions has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current Paradigm Business Solutions Acceptable Use Policy. The e-mail distribution by the Account Holder of “SPAM”, “JUNK MAIL”, or “UNSOLICITED COMMERCIAL E-MAIL”, is expressly prohibited. If the Account Holder refuses to remove any advertising or other third party content deemed objectionable by Paradigm Business Solutions, Paradigm Business Solutions may terminate the services being provided to the Account Holder.
13. Paradigm Business Solutions will use its best efforts to maintain a full time Internet presence for the Account Holder. The Account Holder hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall Paradigm Business Solutions be liable to the Account Holder for any damages resulting from or related to any failure or delay of Paradigm Business Solutions in providing access to the Internet under this Agreement. In no event shall Paradigm Business Solutions be liable to the Account Holder for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of Paradigm Business Solutions under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive any termination of this Agreement.
14. This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Account Holder is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A Paradigm Business Solutions account may not be transferred without prior written approval Paradigm Business Solutions. The Account Holder is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Account Holder’s account, the Account Holder will be liable for any unauthorized use of Paradigm Business Solutions’ services, including any damages resulting there from, until the Account Holder notifies Paradigm Business Solutions customer service.
15. If Paradigm Business Solutions assigns the Account Holder an Internet Protocol address in connection with the Account Holder’s use of the Paradigm Business Solutions services, the right to use that Internet Protocol address will remain with and belong only to Paradigm Business Solutions, and the Account Holder will have no right to use that Internet Protocol address except as allowed by Paradigm Business Solutions in its sole and absolute discretion.
16. This Agreement constitutes the entire agreement between the Account Holder and Paradigm Business Solutions with respect to the Paradigm Business Solutions services and supersedes all prior agreements between the Account Holder and Paradigm Business Solutions. This Agreement supersedes all representations made to the customer, all amendments effected by the customer to any application form or other similar document submitted by him and all communications between Paradigm Business Solutions and the customer relating to the subject matter hereof. Paradigm Business Solutions’ failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.
17. The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mindset, without formal proceedings. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in South Africa. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney’s fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.
18. The Account Holder agrees to indemnify and hold Paradigm Business Solutions harmless from any and all Claims resulting from or connected with any activities conducted by the Account Holder. The Account Holder and Paradigm Business Solutions will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph will survive any termination of this Agreement.
19. Paradigm Business Solutions may include the Account Holder’s name and contact information in directories of Paradigm Business Solutions’ service subscribers for the purpose promoting the use of the services by additional potential clients. However, Paradigm Business Solutions is not authorized to print the Account Holder’s name, trademarks or other identifying information in any other advertising or promotional materials without the prior written consent of the Account Holder.
20. The interpretation and enforcement of this Agreement shall be governed according the laws of the Republic of South Africa (excluding its choice of law rules). The Account Holder hereby consents to personal jurisdiction in the federal and provincial courts of South Africa for any action arising out of or relating to the Account Holder’s use of the Paradigm Business Solutions services. The federal and provincial courts of South Africa will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees. The terms of this Section will survive any termination of this Agreement.
21. Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery or by mail. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested; with all postage and charges prepaid. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, or as specified by subsequent written notice delivered by the party whose address has changed.
22. Because the Internet is a global communication tool, and we have clients from nearly every country in the world it is difficult to dictate what is considered “adult material.” However, it is not our function to discriminate against those who choose to utilize adult content or adult related material. This being said, there are still several reasons why Paradigm Business Solutions has been forced to create its no adult sites policy for its virtual server users.
23. Virtual account holders can receive a refund if account is cancelled within the initial 30 days after sign up. Reseller account holders can receive a refund if account is cancelled within the initial 7 days after sign up. If the account holder cancels after the time period specified, there will be no refund given. Refunds are only applicable to hosting services.
24. Paradigm Business Solutions may temporarily deny service or terminate this Agreement upon the failure of Account Holder to pay charges when they become due. Such termination or denial will not relieve the Account Holder of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
25. If an account holder’s account becomes overdue, the account will be suspended. Interest will accrue on the overdue account at a rate of 5% per month until the outstanding balance is paid in full.
26. If an account holder charges back for services rendered, a R400 charge back fee will be added to the amount charged back by the customer.
27. In the event of 30 days of non-payment, you agree to Paradigm Business Solutions’ right to place a “non-payment” page on your domain. Furthermore you agree that DNS of your domain will remain unchanged until full payment for the outstanding balance on your account has been received by Paradigm Business Solutions.
28. In the event of suspension of account due to non-payment, an re-activation fee of R150 will be charged if the client wants to re-activate his/her account.
29. If an account holder’s account is overdue for 90 days, the account will be handed over to an outside collection agency. At that time the account holder will incur a minimum collection fee of R400 or 25% of the balance due, the amount to be determined by Paradigm Business Solutions at its sole discretion.
30. Credit card service accounts on cancellations will receive there final transaction payout 6 months after cancellation date. This is due to the fact that banks can have charge backs from the credit card owner for up to 6 months.
31. Minimum transaction amount when using our Credit Cards Services is R20 in a single transaction. Maximum transaction amount is R2000k unless approved by Paradigm Solutions or Payment24 previously.
32. Final transaction amount needs to be approximately 50% of the total amount of last 10 transactions or 50% of the total transactions received in last 6 months. This is the amount that will be held for 6 months after cancellation. This is due to the reason mentioned in point:30 above.
33. Credit card service accounts are setup on Payment24.Co.Za systems, and customers will have to abide by the terms, policy and conditions mentioned FAQ’s section on payment24.co.za along with the terms mentioned in this document.
34. If you had received a discount on any service on signup then in case of cancellation of a related service within 120 days will void that discount and you will be charged full fees according to the normal price of that service at the time of signup.
35. Domain registrations are only valid with hosting if hosting is continued for 120 consecutive days. In the event of cancellation before 120 days of hosting is achieved, you will be required to pay the full domain registration according to the normal price of that service at the time of signup. We also require valid Land line numbers for all services including domains, hosting, credit card services, dedicated servers, internet connectivity.
36. All accounts are subject to verification.
37. You agree that Paradigm Business Solutions may establish limits concerning use of any Paradigm Business Solutions service offered on any Paradigm Business Solutions web site, including without limitation the maximum number of days that e-mail messages will be retained by any Paradigm Business Solutions service, the maximum number of e-mail messages that may be sent from or received by an account on any Paradigm Business Solutions service, the maximum size of an e-mail message that may be sent from or received by an account on any Paradigm Business Solutions service, the maximum disk space that will be allotted on Paradigm Business Solutions’ servers on your behalf either cumulatively or for any particular service. You agree that Paradigm Business Solutions has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any Paradigm Business Solutions service. You acknowledge that the features, parameters (for example, the amount of storage available to users) or existence of any Paradigm Business Solutions service may change at any time.
38. First DNS change ticket submitted by Paradigm Solutions for co.za/org.za/za.net domain is free for Domain Registration orders. There after every ticket submitted by Paradigm Solutions to change DNS to any 3rd Party servers will be charged at R39 per Ticket Submitted. We do not take responsibility that ticket will be successfull due to many point of failures.
39. DNS Change tickets to any 3rd party which were not Domain Registration orders are charged at R39/ticket submitted. We do not take responsibility that ticket will be successfull due to many point of failures.
40. If a customer has signed and completed a Debit Form and his/her debit order fails for whatever reason they will be charged Administration fee. 1st Debit Order Failure is charged at R50. 2nd Debit Order Failure is Charged at R75. After 2nd consecutive debit order failure Paradigm Solutions will not run debit order again on customers account. We reserve the right to decline any debit order forms.
41. If customer’s debit order has failed, customer must settle the outstanding amount within 3 days of debit order failure.
42. Debit orders can run any day between 25th to 7th of next month depending on the available dates by our provider of this service.
43. Credit Card Charge backs will be charged at 10% ex Vat + R25 Administration Fee.
44. If a account is suspended/terminated then re-activation Fee per Account is R150 (not per domain), this does not include any file/email restoration.
45. Restoration of databases are charged R350/Hour with a minimum charge of R200.
46. Restoration of Email accounts are charged R350/Hour with a minimum charge of R200.
47. Restoration of Website Files are charged R350/Hour with a minimum charge of R200.
Some special policies for all of our Credit Card Verification services
1. Credit Card Charge backs will be charged at 15% ex Vat + R25 Administration Fee.
2. Charge back enquiries by Banks and Vendor’s customers are handled at R25 per action from our side. Therefore its important for a Vendor that they use proper wording and inform there clients about the transaction details. All transactions diplay Payment24 and WAPPOINT in bank statement.
3. Three Charge backs within 1 calendar month will result in increase of Transaction Rate by 1% for Vendors future transactions.
4. If a Vendor gets more then 3 Charge backs within a month, it will result in suspension of account.
5. Transaction amount limit is initially set to R2000, after 6 months it’s increased to R5000 on Vendor’s request and review by Paradigm Solutions Management.
6. 1st Payout occurs at least 46 days after the new Vendor does first transaction on there account if Vendor did not make a security deposit upfront.
7. For turnover of more then R20k per month consistently for past 3 months atleast, transaction fee for Vendor’s future transactions could be dropped by 1% per transaction on Vendor’s request and review by Paradigm Solutions Management.
8. Special Payouts are charge at R150 per payout excluding any other fees as per Service agreement.
9. Our technology is provided by Payment24 and Wappoint.
10. Please visit Payment24 FAQ for more information: http://www.payment24.co.za/server/company/faq_list.asp. But above points are most up to date
11. Paradigm Solutions reserves the right to refuse any Vendor Transaction.
12. Paradigm Solutions reserves the right to reverse any Vendor Transaction if a transaction does not comply with our internal security checks. Transaction reversals are charged at R25.
Cancellation details for all of our Credit Card Verification services
1. Cancellation period is 1 month Calendar notice.
2. On cancellation confirmation last months unpaid transactions are held back for 6 months as credit card transactions can be reversed for up to 6 months.
3. If in last month no transactions occurred, Vendor must pay additional funds to cover last 5 transactions total sum amount. All this amount is re-paid out to client after 6 months. No monthly Service cancellation can be processed without this.
4. If Vendor did not receive any transactions in last 6 months then Step.3(above) is not required.
What does Paradigm Business Solutions consider “Adult Material?”
Any site whose revenue is gained in part or whole from its adult content.
Photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes.
Photos or videos showing graphic violence or death.
Revenue-generating hyperlinks to sites who violate policy #1.
Why does Paradigm Business Solutions have this policy?
A virtual server is a shared environment where many websites & domains reside on each particular server. This being said, consider that an average “adult site” gets more hits than 100 standard websites. Some of the smaller adult sites get around 5 GB of transfer per day. With these types of resources being utilized, our servers would be severely slowed if we allowed these high traffic sites to also reside on our servers. On top of that, we would be forced to raise our prices to pay for the additional bandwidth. We strive to keep our service offering fast and inexpensive, and our bandwidth clear; therefore, adult sites are not an option.
Paradigm Business Solutions reserves the right to decide what it considers “adult content”, “adult material”, “sexually explicit”, or “sexually related”.
Let us know if you are unsure of the approval of your site before placing an order.