Terms and Conditions Agreement

TERMS AND CONDITIONS AGREEMENT

1. Scope of Agreement

This Terms and Conditions Agreement (TCA) applies to the party or parties ("You", "Your") who make use of any Web Hosting, Search Engine Optimisation (SEO), Design Services or Bulk E-Mail Services (the "Services") from Digital Zoo ("Digital Zoo").
 
The terms and conditions which follow are necessary to ensure that we may continue to provide the best possible service to You, whilst at the same time satisfying our legal and ethical responsibilities. Failure to follow any term or condition will be grounds for immediate account deactivation without notice. Digital Zoo will be the sole arbiter as to what constitutes a violation of any of these provisions.
 
Digital Zoo reserves the right to add, delete, or modify any provision of this TCA at any time without notice.

2. Technical Support

Digital Zoo will provide You with technical support for setup of your account and access to basic site administration, such as FTP and cPanel, at no additional charge. 
 
Business Hours:
  • Email Support is available Monday to Friday from 8:00am to 5:00pm Excluding Public Holidays
  • Phone support is available Monday to Friday from 8:00am to 5:00pm Excluding Public Holidays
  • Digital Zoo's target response time to technical support requests is four hours. The response time depends on the complexity of the enquiry and current support request volumes.
 
Out of Business Hours:
  • Email Support can be submitted but will be actioned the next business day.
  • Phone support: Digital Zoo will endeavour to respond to critical issues when they arise. 
  • Clients who request Services to be completed outside of business hours, will be charged at R650 per hour (minimum 1 hour) unless it is a technical issue at Digital Zoo. 
 
3. Website Availability
  • Objective: Digital Zoo aims to achieve 100% Website Availability for all customers.
  • Remedy: Except under the conditions mentioned in the section below, if the Website Availability of customer's Website is less than 100%, Digital Zoo will issue a credit to You according to the following table:
Total Downtime
Credit Percentage
99.5% to 100%
0 to 3 hours 36 minutes
0%
98% to 99.5%
3 hours 36 minutes to 14 hours 24 minutes
10%
95% to 97.9%
14 hours 24 minutes to 36 hours
25%
90% to 94.9%
36 hours to 72 hours
50%
89% or below
more than 72 hours
100%
The credit will be calculated based on the monthly service charge for the affected Services, but You will not receive any credits under this TCA in connection with any failure or deficiency of Website Availability caused by or associated with:
  • circumstances beyond Digital Zoo's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this TCA;
  • failure of access circuits to the Digital Zoo's Network or it's upstream providers, unless Digital Zoo solely cause such failure;
  • scheduled maintenance and emergency maintenance and upgrades;
  • DNS issues outside the direct control of Digital Zoo;
  • issues with FTP, POP, IMAP, or SMTP customer access;
  • false TCA breaches reported as a result of outages or errors of any Digital Zoo's measurement system;
  • customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), any negligence, wilful misconduct, or use of the Services in breach of Digital Zoo's Terms and Conditions;
  • e-mail or webmail delivery and transmission;
  • DNS (Domain Name Server) Propagation.
  • outages elsewhere on the Internet that hinder access to your account. Digital Zoo is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Digital Zoo will guarantee only those areas considered under the control of Digital Zoo those are; Digital Zoo server links to the Internet, and Digital Zoo's servers.
  • Please note: Server downtime is not recorded and no credit is issued during scheduled or emergency system maintenance. Outages caused by the actions beyond Digital Zoo's control including, but not limited to DoS attacks or other forms of intrusion are excluded from the uptime/downtime calculations.
  • To guarantee optimal performance of the hosting infrastructure, it is necessary for Digital Zoo to perform routine maintenance on the servers. Such maintenance often requires taking Digital Zoo web and email servers off-line, typically performed during off-peak hours. Digital Zoo will give you advance notice of maintenance requiring the servers to be taken off-line whenever possible. Digital Zoo reserves one hour of Service unavailability per month for maintenance purposes. 
  • Such unavailability is not included nor taken into account in the Website Availability calculation.
4. Credit Request and Payment Procedures

To claim a credit as contemplated in paragraph 3, send an email request to the Accounts Department (accounts@digitalzoo.co.za). You must provide your Account ID and all dates and times of server or network unavailability.
 
If the unavailability is confirmed by Digital Zoo, credits will be applied within two billing cycles after Digital Zoo's receipt of customer's credit request. Credits are not refundable and can be used only towards future billing charges.
 
Notwithstanding anything to the contrary herein, the total amount credited to customer in a particular month under this TCA shall not exceed the total project and service fee paid by You for such month or project quote. Credits are exclusive of any applicable taxes charged to You or collected by Digital Zoo.
 
Credits are Your sole and exclusive remedy with respect to any failure or deficiency in the Website Availability as contemplated in paragraph 3.

5. Maintenance Procedure
  • Digital Zoo will do its best to announce on its website any scheduled maintenance at least 24 hours prior to the scheduled maintenance.
  • Digital Zoo reserves the right to perform emergency maintenance without any prior notification, should it be deemed necessary to protect and maintain the security and integrity of the Service
6. Project and Service Fees

For Projects, the following will be applicable:
  • 50% of the quoted amount is payable for any project that requires a deposit. 
  • By paying this deposit You acknowledge liability for the payment of the remainder of the quoted amount on finalisation of the quoted project plan.
  • Services will commence once the deposit was received.
  • Finalised projects will only be published once the remainder of the quoted amount was received.
  • Unless explicitly quoted and invoiced as such, Digital Zoo will not be held liable for the content of your website. Not only does this include the actual content but also adding it to your site. It remains the responsibility of the client to create and publish their own content. As an exception, Digital Zoo may quote the client to load the content of the site. 
  • Digital Zoo will not provide development-related support for web applications, scripts or components from third parties, or those developed by You, unless otherwise agreed between Digital Zoo and You or after written confirmation of acceptance of a separate quotation for such project.
For Subscription Services, the following will be applicable:
  • Annual Subscription fees are payable in advance.
  • Monthly Subscription fees are payable on the 1st of each month.
  • Service will be interrupted on accounts that reach 7 days past due. 
  • Digital Zoo may temporarily deny service or terminate this Agreement upon failure of You to pay charges when due. 
  • Unpaid Subscription Services will be removed from our servers, 14 days past due. No backups of these Subscription Services will be available after removal.
  • It remains Your responsibility to make backups before initiating cancellation or migration procedures. 
Digital Zoo make use of various payment methods, amongst others, EFT, Debit and Credit Cards and Debit Orders.
 
It is your responsibility to use the correct nominated Digital Zoo bank account and payment reference when making payment, in order for payment to be allocated correctly.

First National Bank (FNB) South Africa has announced a price increase on Cash Deposits effective from the 1st of July 2016.
This price increase only affects Cash Deposits inside the branch. We therefore urge customer to please make use of the ADT (ATM) to make cash deposits. There are no bank fees on ADT cash deposits. If you are forced to make a cash deposit inside the branch, please include R50 extra for bank fees. Payments not received in full (invoice amount + bank fees), will not be processed.
 
Should You choose the 24-month contract, we require that you complete our online debit order form that will enable us to deduct the monies directly from the bank account You provided. You acknowledge liability for the payment of the entire contract fee.

7. Project and Service Cancellation

In the event that You cancel or cause any delay of more than sixty (60) calendar days, (e.g. failure to provide sufficient content relevant to the Service after requested by Digital Zoo), or failure to pay the remainder of the quoted amount within seven (7) calendar days from due date, for any project that requires a deposit, the following will be applicable:
  • We retain the amount of any advance deposit made for your project;
  • An invoice for all work completed up to the date of written notification, including expenses not exceeding the original quoted price;
  • All finalised work will be stored for thirty (30) calendar days after which it will be deleted permanently from our servers without any recourse to recover or restore.
  • In an event of such permanent deletion, all agreements between the parties become null and void with Digital Zoo reserving all rights.
In the event that you cancel Your Monthly of Annual Subscription Services for any reason, the following will be applicable:
  • One (1) Calendar month notice must be given in writing;
  • The notice month subscription fee must be paid;
  • All Subscription Services will be terminated on the last day of the notice month.
  • Prematurely cancelling Annual Subscription Services will result that You forfeit, to Digital Zoo, all remaining Annual Fees paid in advance.
8. Acceptable Usage Policy
  • Digital Zoo - Acceptable Usage Policy (AUP):
Digital Zoo is dedicated to providing an all-round top-quality service. 
Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuses of an account will be investigated and if found guilty will be grounds for immediate suspension.
To report suspected abuses or any violations of these policies, please contact info@digitalzoo.co.za
  • Illegal Usage:
Digital Zoo servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. 
Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots. The subscriber to Digital Zoo service agrees to indemnify and hold harmless Digital Zoo from any claims resulting from the use of the service that damages the subscriber or any other party.
  •  Adult Content:
Legal Adult Content is allowed.   
  •  Security:
Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.   
  •  Server Resource:
Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of either paying extra for a dedicated server / semi-dedicated server (which depends on the resource needed) or reducing the resource used to an acceptable level. Digital Zoo shall be the sole arbiter of what is considered to be a high server usage level.
  •  Chat Rooms:
Digital Zoo does not provide nor allow chat rooms on shared hosting environments. You may elect for a Dedicated Server to run a chat room efficiently 
  • Background Running Programs:
Digital Zoo does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation.   
  • Internet Relay Chat (IRC):
Digital Zoo does not allow IRC or IRC bots to be operated on our servers.   
  • Backups:
Digital Zoo performs daily backups on all servers to ensure critical files are never lost. However Digital Zoo is NOT responsible for lost data, time, income or any other resource due to faulty backups or non-existent backups. Please always backup your own data for redundancy.   
  • Client Responsibility:
The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free for All links pages). Use of Digital Zoo's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client.
 
The following examples are offered: 
Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTP'ing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of Digital Zoo to provide this knowledge or support outside matter specific to Digital Zoo servers.
  • Unsolicited Commerce Email (UCE) – SPAM:
Spamming, or the sending of mass unsolicited email, from or through a Digital Zoo server or using an email address that is maintained on a Digital Zoo machine is STRICTLY prohibited. Digital Zoo will be the sole arbiter as to what constitutes a violation of this provision. If you engage in any of the foregoing activities using the service of another ISP or IPP, but channelling activities through a Digital Zoo server as a maildrop for responses, you are in violation. Violators will be fined a minimum of R5000.00 and will face an immediate suspension or termination. 
  • Server Abuse:
Any attempts to undermine or cause harm to a Digital Zoo server or customer of Digital Zoo is strictly prohibited.
 
Any sub-networks of Digital Zoo and dedicated servers must adhere to the above policies. The failure to meet or follow any of the above guidelines are grounds for account deactivation. We reserve the right to remove any account without prior notice.   
  • Software Distribution:
Digital Zoo's shared Web Hosting accounts are not to be used for the purposes of distributing software and multimedia products. If you wish to distribute software and/or multimedia files, please contact info@digitalzoo.co.za for special arrangement.   
  • Multimedia Files:
Multimedia files are defined as any graphics, audio, and video files. Digital Zoo accounts are not to be used for the purposes of distributing and storing unusual amount of multimedia files. Any Website whose disk space usage for storing the multimedia files exceed 70% of its total usage, either in terms of total size or number of files, will be deemed to be using unusual amount of multimedia files.   
  • Domain Names:
Digital Zoo will take necessary steps to register domain names on behalf of the client when requested. However, clients are responsible for renewing their domain names. Digital Zoo does not take responsibility for failing to renew domain names. If your domain name was registered via Digital Zoo, we will notify you about renewal 60 days prior to the renewal date.   
  • Actions Taken by Digital Zoo:
When Digital Zoo becomes aware of an alleged violation of its AUP, Digital Zoo will initiate an investigation. During the investigation, Digital Zoo may restrict a customer's access in order to prevent further potentially unauthorised activity. Depending on the severity of the violation, Digital Zoo may, at its sole discretion, restrict, suspend, or terminate your web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Digital Zoo will notify the appropriate law enforcement authorities of such violation.
 
Digital Zoo does not issue credits for outages incurred through service disablement resulting from AUP violations.
 
You indemnify and hold harmless Digital Zoo from any claims resulting from the use of our services that damages them or any other party. The Digital Zoo service is 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.
 
Digital Zoo expressly denies that any representation or warranty of the Digital Zoo service will be error-free, secure or uninterrupted. No oral advice or written information given by Digital Zoo, its employees, licensors, or the like, will create a warranty, nor may you rely on any such information or advice. Digital Zoo and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
  • Refusal of Service:
We reserve the right to refuse, cancel, or suspend service at our sole discretion within human reason.

9. “Client Area”

Digital Zoo provide an administrative dashboard to enable You to self-manage your services at any-time. This dashboard is currently published at http://www.digitalzoo.co.za/client-area
The dashboard is constantly changing to allow for more functionality. In its current form supports the ability to manage hosting, domains, websites, SEO and bulk email campaigns. By logging into this administrative dashboard, you accept responsibility for Your account details and that the login credential is kept secret. 

10. “Client Area”

Digital Zoo agrees to use any confidential information provided by You, solely for the purpose it was intended for relating to the quoted project.
 
Digital Zoo endeavours to comply with all relevant legislation dealing with the protection of Personal Information gathered through our Services and to use all possible means to maintain the confidential information.
A reasonable degree of care will be taken to disclose confidential information only to Digital Zoo stakeholders who are reasonably required to have the information to perform their duties on your behalf.
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