The NICE Company / NICE Web
Terms and Conditions of Service
Before you file your application
for web hosting, please read the following Terms and Conditions. This contract
is a legal agreement between you the customer and NICE Web Hosting.
THIS AGREEMENT is made
between NICE Web Hosting / The NICE Company hereafter referred to as NICE, and
the "Customer" and is digitally dated on the hosting sign-up
NICE agrees to provide Website hosting, email and related services to the
customer, subject to the following terms and conditions.
Customer acknowledges that NICE does not regulate
or take any responsibility for the content of the clients pages or for the
security of customer's password.
The customer agrees that the security of his/her passwords is solely there
The customer agrees that if he/she believe the security of there account
has been compromised in any way,that he/she will notify NICE immediately.
The customer warrants that he/she has all rights necessary to lawfully
submit any information or materials that he/she is uploading or transmitting
to NICE, including all intellectual property rights.
The customer agrees to indemnify NICE against any action brought by a
third party as a result of such material or information, or as a result of
the customer's use in any way of the services provided by NICE.
Any use of the NICE network to engage in software piracy or any other
violations of law will result in immediate account suspension.
3. TRADEMARKS & COPYRIGHTS:
The member warrants that he/she has the right to use any trademarks and
servicemarks which the member may chose to use in it's domain name, on his
website or any related product or service. NICE cannot be held responsible in
the event of a client infringing on any intellectual or property copyright.
4. INTERNET ETIQUETTE:
The member agrees to observe the following:
Sending e-mail to unsolicited addresses is forbidden. SPAM e-mail.
Multiple Cross Posting on News Groups where an NICE hosted website is
being promoted or an NICE hosted mail address is being used.
Anyone who practices such tactics will have their account suspended
pending an investigation. Should the member be found guilty of any of the
above offences, the members account will be terminated with immediate
The NICE network or any of its resources may not be used to impersonate
another person or misrepresent authorisation to act on behalf of others or NICE. All messages transmitted via
NICE must correctly identify the sender.
NICE makes no warranties of any kind, whether express or implied, for the
services to be provided hereunder.
The customer agrees that NICE shall not be liable for any losses or
damages of any kind to the customer, including but not limited to, loss that
may result from service interruption, delays in account activation, delays
in general, non-deliveries, or misdeliveries no matter what the cause might
NICE makes no warranties regarding its ability to recover any lost file or
information, regardless of how or why the file / information was lost or
Use of the service is at the Customers sole risk. NICE is not responsible
for files and data residing on a Clients account.
The Client agrees to take full responsibility for files and data
transferred and to maintain all appropriate backup of files and data stored
on the NICE network.
Under no circumstances will NICE be liable for any consequential damages
or for any delictual liability of any nature whatsoever.
Service invoices/statements will be sent to the customer via electronic mail in
advance of receiving services. The customer agrees to submit payment for all
invoices upon receipt. Accounts not paid by the 1st of every month are
subject to immediate suspension.
NICE will not be held responsible for any damages, losses, or claims as a
result of a site being suspended for non payment.
Accounts 30 days past due are subject to cancellation which will result in
the deletion of all of the customer's files, including but not limited to
web pages, email and databases.
The customer agrees that submission of Credit Card or Banking Details to NICE
constitutes authorisation by the customer for NICE to bill the
specified Credit Card or Bank Account for all fees owed by the customer
The Customer agrees that all setup fees are non-refundable once setup is
- The Customer agrees that unless he/she notifys NICE
of his/her desire to cancel any or all
services received, those services will be billed on a recurring basis.
- The Signatory hereby binds himself/herself in his/her personal capacity as
co-debtor in solidum for the full amount due to NICE and agrees that the
Standard Conditions will apply mutatis mutandis to him/her and he/she
renounces the benefits of excursion and division.
7. DEFINITION OF UNLIMITED BANDWIDTH:
The term "Unlimited" is often used within the Internet
Services community to describe services of which no hard limits or per unit
pricing are imposed, but which are nonetheless governed by limitations of fair
and reasonable use, often at the discretion of the service provider. NICE offers
some services with "Unlimited" bandwidth, which bear no per unit
charges, nor hard limits, but nonetheless are governed by reasonable and fair
use. This means that we will not charge you for any bandwidth your account uses,
nor will we impose any hard limits on the amount of bandwidth that you can use,
provided said use is what NICE in its sole discretion deems to be reasonable. If
at any time NICE deems your bandwidth usage to be abusive or unreasonable for
the level of service you have purchased, or your bandwidth usage threatens to
impair the quality of other users' service, NICE may, at its sole discretion
take steps to limit the amount of bandwidth you consume, or request you to
upgrade to a higher package. Special hosting packages can be designed for sites
that require higher than normal bandwidth. NICE will at no time attempt to
collect payment for bandwidth already used by a customer whose account grants
them unlimited bandwidth, regardless of the amount. NICE does however reserve
the right to charge the client for any additional bandwidth he/she might
8. DOMAIN NAMES AND DOMAIN NAME DISPUTES:
- NICE will not be held liable for any disputes arising out of domain name
registrations or domain name hosting on behalf of the client.
NICE will not be held liable for any
losses or damages the client may suffer due to a domain name being reallocated,
transferred or deleted by any Domain Name Authority or NIC.
NICE will not issue any credits for
domain names where the client has requested the wrong domain name to be
registered. By submitting a domain name registration form, the client confirms
that he/she has completed the registration form correctly and that the domain
name that he/she has entered is correct.
NICE reserves the right to take
ownership of any domain name upon cancellation by the client should the client
not specify any action to be taken in regards to ownership or transfer of the
NICE requires 24 hours written
notification via fax prior to releasing any domain name. Where the client has
not notified NICE of his intention to transfer or move a domain name, all
transfer requests will be declined.
will retain the ownership of the
domain name in the event of the client's accounts not being settled in full on
termination of the hosting agreement.
- There is no guarantee that a domain name applied for has been
entered on NICE's database until you receive
confirmation of registration. You are advised not to take any action
in respect of the registration of the domain name before you have
received confirmation and you know that full payment has been made.
- Acceptance of names is at the discretion of
NICE. NICE may not accept a name for registration if:
- it is currently registered
- it is on the list of reserved words (this list is not
available for public scrutiny)
- it is obscene or otherwise deemed to be unsuitable
- If the registrant of a domain name changes, the new registrant
must re-register the name and pay the full registration fee.
- Domain name renewal fees may change from time to
time due to the rand/dollar fluctuations.
- NICE may cancel the registration or suspend the
name service of a domain name in exceptional circumstances such as
the application of the order of a Court, the use of the name for
illegal purposes or where a domain name could cause technical
problems on the Internet.
In the event that NICE at any time reasonably believes that the Customer
is in breach of any of the terms and conditions contained in this agreement
or is using NICE's services in an unacceptable manner, NICE may immediately
terminate this agreement without liability.
NICE may terminate this contract with 30 days notice to the Customer for
any reason or for no reason.
The customer may terminate this contract at any time by giving NICE no
less than 30 days written notification. Such written notification must be
sent by either FAX or registered mail. E-mail notification will only be
accepted when NICE replies to it.
Termination of services will be with the understanding that there is a 30
days notice period starting on the 1st of any month.
At the time of cancellation notification, the customer shall be
responsible for the entire amount of any outstanding fees due.
All goods and services supplied by NICE remain the property of NICE until
such goods or services have been paid for in full. The Customer is not
entitled to sell or dispose of any goods unpaid for without the prior
written consent of NICE.
10. LEGAL AGE/AUTHORISATION:
Member certifies that he/she is of legal age in the country of his/her
residence to enter into this agreement.
Where acting on behalf of a Partnership, Close Corporation, PTY (Ltd), LTD
or any other form of company/legal entity, the member hereby confirms that
he/she has the full permission/authority to act on behalf said legal entity.
NICE reserves the right to make amendments or changes to this agreement from
time to time. NICE will notify all customers via e-mail when changes are made.
In the event of any dispute arising out of or relating to this agreement, such
dispute shall be resolved in Durban, South Africa.
The Customer shall be liable to NICE for all legal expenses on the Attorney
Client scale of an Attorney and Counsel incurred by NICE in the event of (a) any
default by the Customer or (b) any litigation in regard to the validity and
enforceability of this agreement. The Customer will also be liable for any
collection or valuation fees incurred. The Customer agrees that NICE shall not
be liable to make payment of security into Court in terms of section 62 of the
Magistrate’s Court Act, as amended. The Customer hereby consents to the
jurisdiction of the Magistrates Court. The Customer chooses Domicilium citandi
et executandi for services of all documents and processes the address entered in
on the hosting application form.
ENTIRE AGREEMENT AND
This represents the complete agreement and understanding between NICE and
Customer with respect to the subject matter herein. In the event that any term
or provision of this agreement is held by a court to be unenforceable, then the
remaining provisions shall remain in full force and effect.
ACCEPTANCE OF TERMS:
Use of NICE's services constitutes acceptance of the terms and conditions
contained in this agreement and any amendments thereto.
clicking on the "Sign-up"
button on the Sign-Up form, you acknowledge that you have read, understood and agree to the above Terms and Conditions of this NICE account.
The NICE Company Consists out of various Sub-Companies including but not limited
to..: SA Host, Digital Hosting, Matrix Hosting, Free Domain, MWEP, iSyndicate,