Terms & Conditions

Parties
1. This is an agreement between Develec and a customer (you) who subscribes to any of Develec’s Services.
Subscription
2. By subscribing to any and / or all of the abovementioned services, you agree to be bound by the terms and conditions contained herein.
Acceptable Use
3. 3.1 You agree that Develec may, without any notice whatsoever, at its sole and unfettered discretion, (but Develec is neither required nor compelled to do so, nor is Develec deemed to have done so) edit, delete and / or review, any and / or all of the information contained in any web site, email or other stored or forwarded data, whether generated programmatically and / or retrieved from a database or otherwise, where such data is hosted by, or on behalf of, Develec.
Use of Services
3.2 You agree that you will not, in any way, whatsoever, use and / or access, and / or facilitate the use and / or access to, any and / or all services including but not limited to email, Usenet, web site hosting, and the like supplied by Develec for any of the following purposes:
Spam
3.2.1 The sending of unsolicited or bulk email and / or commercial messages (also known as spamming). Genuine messages sent to current or potential clients who have specifically agreed (by means of an opt-in list) to receive such messages are excluded. Develec has the discretion to decide whether any practice or mail is deemed to be spam and you agree to abide by Develec’s determination and to cease such practice forthwith, on demand;
Hacking
3.2.2 Any attempt whatsoever to circumvent any security device including but not limited to passwords and the like in order to gain access to, including but not limited to viewing, disseminating, modifying and / or deleting any data or programme whatsoever which is not intended to be accessed in such fashion by you. This includes but is not limited to hacking, precursor attempts to penetrate systems including but not limited to port scans, stealth scans and / or other information gathering activities;
Pornography
3.2.3 The dissemination and / or storage of data including, but not limited to text, images, whether moving or otherwise which are, in the sole and unfettered discretion of Develec deemed to be lewd, obscene or pornographic. You further specifically agree
to remove same forthwith on demand;
Intellectual Property
3.2.4 Engaging in any activity that infringes on or misappropriates the intellectual property of others including but not limited to copyright, trademarks, trade secrets, patents and / or software or music piracy;
Abuse
3.2.5 Engaging in defamatory, abusive, slanderous, threatening and / or libellous language and / or activities;
Forging
3.2.6 The forging or misrepresentation of any message header whether in whole or in part in order to conceal or mask the originator of such message;
Viruses
3.2.7 Knowingly distribute any virus, worm and / or Trojan Horse. You specifically agree to take all reasonable steps to prevent such distribution or infection;
Denial of Service
3.2.8 Attempt to or facilitate any disruption and / or reduction in the efficacy, operation and / or speed of any communication and / or the operation of any network device, including but not limited to any server and / or computer, connected to the Internet by means of pinging, flooding, mail-bombing, denial of service attacks and the like;
Lawfulness
3.2.9 Use any service or facility supplied by Develec to commit any act that is contrary to international law and / or the law of South Africa and / or Great Britain.
Disclaimer
3.3 You agree that notwithstanding anything to the contrary contained herein, to hold Develec harmless for any loss and / or damages, whether delictual (tort), vicarious, based upon any contract, negligence, gross negligence or otherwise, arising from any use and / or misuse of the services as contemplated herein or any other cause whatsoever or howsoever arising, which cause relates to your use in any way, whatsoever, of any of the services supplied by Develec.
Suspension
3.4 You specifically agree that Develec may, at its sole and unfettered discretion, suspend any service and / or delete and / or edit any data, in part or in its entirety, which is, or is in the sole and unfettered discretion of Develec, amounts to an abuse in any way whatsoever of the service provided by Develec, forthwith and without notice.
Payments
4. You agree that you will pay Develec, monthly in advance, the full amount, and free of deduction, for the service/s you have ordered from Develec. Payment in full and in advance is cleared payment, available as cash, received by Develec, or deposited into a bank account nominated by Develec on or before the first day of the month during which such services are to be provided, the one paying the other to be absolved.
Failure to make payment
4.1 Should you neglect, refuse and / or fail to make any payment as aforesaid, Develec may, without notice, in its sole and unfettered discretion, suspend any and or all of the service/s it supplies to you in whole or in part, until such amount is received. You specifically agree that should any service/s be suspended, you are and remain liable for payment for such service as if such service/s was supplied during the period of such suspension until such service/s is / are terminated in accordance herewith. Develec may institute proceedings in any court of competent jurisdiction to recover any and / all amounts outstanding.
Banking Details
4.2 Develec shall inform you of its banking details and your account number, which details and / or account number may change from time to time. The abovementioned account number must be inserted into the “depositor’s note field” on the deposit slip or Internet transfer so that it reflects on Develec’s bank statement. Your failure to properly identify your payment as aforesaid may result in the inadvertent suspension of your service/s as provided for above as your payment may not be credited to your account.
Usage
4.3 Any failure by you to make use of all and / or any portion of the services requested by you and supplied and / or made available to you by Develec shall not entitle you to any reduction in the amount to be paid for such facility.
Copies and Backups
5. You agree that you will keep a copy of any web site, data, information and the like hosted by Develec on your behalf and should any data, information, web site be lost for any reason whatsoever, you stand prepared to restore such data, information and the like. You acknowledge that whilst backups are made of the data on the server from time to time, Develec assumes no responsibility, and you hold Develec harmless from any data loss, loss of service, losses or damages flowing therefrom or from any cause, howsoever arising.
Severability
6. Should any clause herein be finally declared invalid in law, such clause shall be invalid and shall be severed from this agreement in such way as to affect the intention of the parties to the least extent possible whilst leaving this agreement in a state that is valid in law. The remainder of the agreement shall remain and continue in full force and effect.
Governing Law
7. This agreement shall be governed in all respects by the laws of South Africa and the parties agree to submit to the jurisdiction of the Magistrates’ Court having jurisdiction regardless of the amount in dispute provided that such jurisdiction is not specifically excluded by law, in which event, the parties may approach any Court of competent jurisdiction.
Variation
8. Notwithstanding anything to the contrary contained herein, Develec reserves the right to change these terms and conditions, including but not limited to the services and / or facilities provided under any plan, from time to time, without notice other than to publish such amended terms and conditions on Develec’s web site whereupon, you agree to be bound by such amended terms and conditions. Should you be materially affected by and having good cause to dispute such amendment/s, you may withdraw from making use of Develec’s hosting plans on one calendar month’s notice to Develec, given within two calendar months of the publication as aforesaid of such amendment/s in which event, you shall not be bound by such amendments but shall remain bound by the terms and conditions that were in effect immediately prior to such amendment/s.
Pricing
9. Develec may, from time to time, vary the prices of the services that it offers, without notice other than to publish such variation in prices on Develec’s web site. Should you dispute such variation in prices, you may withdraw from making use of Develec’s hosting plans on one calendar month’s notice to Develec, given within two calendar months of the publication as aforesaid of such variation in which event, you shall not be bound to pay such variation but shall remain bound to pay such costs that were in effect immediately prior to such amendment/s.
Termination
10. You may, by the giving of one calendar month’s notice to the Develec, terminate any and / or all service/s. Develec shall continue to provide the service/s and you agree to pay all fees until the end of the said notice period regardless of whether the services are actually used or not unless the contrary is agreed to, by both parties, in writing. Develec may, in its sole and unfettered discretion, suspend, cancel and / or terminate any and / all services temporarily or permanently, immediately and without notice.
Interruption of Service
11. Should it be impossible for Develec to provide the service/s for any reason whatsoever including but not limited to force majeur, failure of equipment, software, virus or other attack and the like, your exclusive remedy shall consist of a rebate or refund of the costs of the service/s pro rata for the period such service/s were interrupted. You acknowledge that you are able to procure alternative hosting and thus shall suffer no damage whatsoever or howsoever caused or arising and hold Develec harmless against any such claim/s.
Right of Refusal
12. Develec may at its sole and unfettered discretion refuse to provide the service/s contemplated herein to any person.
Maintenance
13. If any fault or problem is detected with any service supplied to you, howsoever caused or arising, including but not limited to website faults, Develec may, in its sole and unfettered discretion and without prior notice, and without any obligation whatsoever to perform such service, attempt to repair the fault or problem in an attempt to resolve it; and you hereby agree to pay for any such work done and to reimburse any such expenses incurred, provided that such work does not exceed three hours per incident. Should more than three hours be required to solve a fault or problem, you shall only be liable to pay any amount for work in excess of the three hours by agreement, authorising the further work and / or expense with respect to the said problem or fault.
Location of Service
14. Develec may, in its sole and unfettered discretion provide the services contemplated herein on any computer/s or server/s situate in any country or place, and / or under the control of any person/s it sees fit and reserves the right to change any and / or all such computer/s, server/s, country and / or person/s, whenever it, in its sole and unfettered discretion, deems necessary.
General
15. 15.1 Words importing the singular shall include the plural and vice versa.
15.2 Words importing the masculine shall include the feminine and vice versa.
15.3 Reference to persons shall include natural persons and bodies corporate.
15.4 Notice may be given by email. Alternatively notice may be given to you by pre-paid registered post, addressed to the last given postal address or to Develec by pre-paid registered post to P.O. Box 1130, Great Brak River, 6525. Any such notice posted shall be deemed, unless the contrary is proved, to have been received fourteen consecutive days after posting.
15.5 You agree that your Physical Address as supplied by you by any means whatsoever, including but not limited to any electronic application, shall serve as your domicillium citandi et executandi for all process.
15.6 These terms and conditions shall be deemed to have been agreed to within the jurisdiction of the Howick Magistrates’ Courts and the KwaZulu-Natal Provincial Division of the High Court situate in Pietermaritzburg.