Terms and Conditions

The legal stuff...

To ensure safe and a pleasant environment for our users, we have set up the following Terms and Conditions / Terms of Service. The use of any services from Web Guy will always be in agreement to these terms.

These Terms and Conditions apply to all products and services available from Web Guy.

This agreement states the Terms and Conditions which apply to any purchases made by you, the customer, from Web Guy. Before you may use Web Guy’s services and create an account with Web Guy you must register and accept this Agreement by clicking the Acceptance Checkbox at the end of this Agreement. This Agreement exists to define the agreement between you and Web Guy and to ensure that Web Guy’s customers are using Web Guy’s Services with regard to the rights of other internet users and in conformity with the requirements of Web Guy’s network environment.

Web Hosting:

1.1 Acceptable Use:

You are required to use your account responsibly. This includes respecting the other customers of Web Guy. Subject to the terms and conditions of this agreement, Web Guy grants you a non-exclusive, non-transferable, limited license to access, display and use our services and web site. You shall comply with all copyright laws worldwide in your use of your account prevent unauthorised copying of its contents. Except as provided in this Agreement, Web Guy does not grant you any express or implied right in or under any patents, trademarks, copyrights or trade secret information. Web Guy 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, or that may directly facilitate the violation of any particular law or regulation is prohibited. We reserve the right to terminate your service/s at any time, should we feel that you are obeying this agreement. We also reserve the right to fine you for any misconduct on your side.

The following scripts are banned due to the potential harm they can cause to our servers and other sites on the same server:

- Torrentflux (and similar scripts)
- AlienForm (all versions)
- formmail.pl
- Greymatter (all versions)
- Open Webmail
- Ikonboard (all versions)
- IRC Egg Drops & IRC related programs.
- Chat software
- lstmrge.cgi
- Proxy Servers & Scripts (EX: nph-proxy)
- Shell, SSH, Telnet Scripts and Shell, SSH, Telnet Alternatives (cgitelnet.pl)
- The Anonymizer
- UltimateBBS (all versions)
- YABB + YABB se (all versions)
- Any script that uses / processes a massive number of flatfiles or large flatfile databases.

IF YOU ARE CAUGHT WITH ANY ONE OF THESE SCRIPTS RUNNING ON YOUR ACCOUNT, YOUR ACCOUNT WILL BE IMMEDIATELY TERMINATED, AND YOU WILL BE LIABLE TO PAY FOR DAMAGES CAUSED BY YOU.

1.2 Usage of your allocated resources

You agree that the bandwidth and disk usage of your product will not exceed what has been allocated to you. If your bandwidth has been depleted for the month, you account will automatically be suspended until the following month. If your disk space has been depleted, you will have to upgrade your account for additional disk space. Web Guy will monitor customer’s bandwidth and disk usage. You agree that bandwidth allowances represent the sum of the incoming and outgoing allowances. Bandwidth calculations are updated daily and are not in real time. Therefore, the sum of incoming and outgoing bandwidth usage that exceeds the plan’s allowance shall be billed to your account. Upon non-receipt of payment, all exceeded bandwidth shall be debited from the following month’s allocated bandwidth, and further so until all excess bandwidth has been accounted for. Further, if Web Guy’s automated system fails to suspend a plan when reaching the plan’s bandwidth allowance, you agree that you will be billed for each Megabyte and Gigabyte of bandwidth usage in excess of the plan’s bandwidth allowance. Web Guy shall have the right to take corrective action if customer’s disk usage exceeds the agreed usage, including but not limited to deletion of all plan files, termination of this agreement or suspension of all services. Such actions may be taken in Web Guy’s sole and absolute discretion.

1.3 Emailing Policy

All email accounts created under any Web Guy Hosting plan must be used in a lawful manner. You are not allowed to use your email account to spam others, engage in fraudulent activities or any other similar activities. Violators will be assessed and may be fined and may have their plan(s) terminated or suspended. Web Guy reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
Each hosting plan has limit of the number of emails you are allowed to send for every hour (60 minutes). This limit resets every hour. You agree that we may change this limit at any given time.

IF YOU USE ANY HOSTING ACCOUNT ON ANY OF OUR SERVERS FOR SPAM AND RELATED ACTIVITES YOUR ACCOUNT WILL BE TERMINATED OR SUSPENDED DEPENDING ON THE DAMAGE CAUSED BY YOU, AND YOU WILL ALSO BE FINED R1000.00 FOR YOUR MISCONDUCT AND VIOLATION OF OUR EMAIL POLICY AND OUR TERMS AND CONDITIONS. WE RESERVE THE RIGHT TO DECIDE ON HOW SEVERE THE DAMAGE CAUSED IS, AND WHAT ACTION TO TAKE AGAINST YOU FOR THE CAUSE OF THE DAMAGE.

1.4 Abusing our System and Network

Violation of any system or network security is prohibited and may result in criminal and civil liability. We reserve the right to ban you from using our services if we feel you have violated and abused our services in any way.

1.5 Distribution of Fraudulent content by using our Services

Offering or distributing any fraudulent goods, services, schemes or promotions, some examples are make money fast schemes, chain-letters, pyramid schemes, or submitting false data on any sign-up form, contract or online application through registration, or any fraudulent use of information obtained through the use of the plans, including, without limitation, use of credit card numbers, phone numbers, e-mail addresses, or home addresses is strictly prohibited. IF YOU ARE FOUND GUILTY OF DOING THIS, YOU WILL BE BANNED FROM USING OUR SERVICES AND NECESSARY LEGAL ACTION WILL BE TAKEN.

1.6 Terminations of Service and Refunds

We do not allow any refunds on any services. Please verify what you are about to purchase, if you are unsure please contact us at info@web-guy.co.za before you make a purchase. If you make a wrong purchase, it is your responsibility. Please see our refund policy.

All plans automatically renew until terminated. In order to terminate or cancel your plan, you will be required to submit all details of your account to Web Guy at info@web-guy.co.za from the e-mail address you used to register your account. If your e-mail address has changed and you have neglected to update us with the new address, an account termination will not be possible under any circumstances. Attempts to cancel by phone, live chat, or any other method will be rejected and billing will continue until these instructions have been followed. We require a minimum of 30 Days notice in order to cancel your service/s. Once the account termination request has been submitted, your request will be placed in our service cancellations queue and you will receive a confirmation email as soon as the request has been processed. If you do not receive an email within 36 working hours, your request was not received! Please email us immediately should this happen to you. All cancellations will only be done if your account is up to date. If your account is in arrears, we reserve the right to withhold your domain transfer requests until we receive the outstanding amounts, in full.

General Requirements and Information for use of services

The use of any service/s requires a certain amount of knowledge of Internet programming Languages, protocols and software, and other technological information. You or your website administrator agrees that both of you have the knowledge necessary to maintain your web site. Web Guy will not advise, teach, supply or provide any such knowledge or customer support outside of the scope of our services.

You shall direct all communications through our ticket system or via email. All details are listed on our websites. We do not provide any telephonic support, however sometimes we might phone you, should it be necessary.

You agree that during the term of this Agreement Web Guy may publicly refer to you, orally and in writing, as a customer of Web Guy. Any other public reference requires your written consent. Please see our privacy policy for more details.

You warrant and represent to Web Guy that you are (1) at least eighteen 16 years of age; (2) you possess the legal right and ability to enter this Agreement; (3) you will use our services only for lawful purposes and in accordance with this Agreement and all policies and guidelines that may apply; (4) you will be financially responsible for your service/s; (5) you have acquired, or will acquire all necessary arrangements for hypertext links to a third party Web sites or other content; (6) you have verified or will verify the accuracy of materials distributed or made available through use of our services, including, without limitation, your content, claims, warranties, guarantees, nature of business, and address where business is conducted, and (7) your content does not infringe or violate any right of any third party (including intellectual property rights) or violate any applicable law, regulation or ordinance.

You are financially responsible for all your orders and service requests. You are also financially responsible for minors who are related to you, for their orders and service requests from us.

You expressly agree that the use of Services or any information provided by Web Guy is at your sole risk, you are not allowed to hold Web Guy accountable for anything. Neither Web Guy, nor its affiliates, nor any of its officers, directors, employees, agents, third-party content providers, or licencors, or the like, warrant that this site or the Services provided will be uninterrupted or error-free; nor does Web Guy make any warranty as to the results that may be obtained from the use of the Services.

WE DO NOT OFFER ANY WARRANTIES OR GUARANTEES. WE ARE NOT RESPONSIBLE FOR ANY DAMAGES, LOSS OR ANY SIMILAR ACTIVITIES. WE CANNOT BE HELD ACCOUNTABLE FOR ANY DAMAGES, LOSS OR ANY SIMILAR ACTIVITIES.

During the Term of this Agreement, Web Guy will provide you with a restricted license to use a shared Internet Protocol (IP) address. You may use this IP address only as provided by Web Guy. Web Guy shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Web Guy, and Web Guy reserves the right to change or remove any and all such IP numbers and addresses, in its sole and absolute discretion. All accounts come with a shared IP Address. Dedicated IP Addresses must be requested and will be charged for at an additional fee. Dedicated IP Addresses will only be issued for SSL Certificates. You may be required to justify your use for a Dedicated IP Address. We reserve the right to remove any Dedicated IP Address and any time if you do not follow this agreement, or refuse to justify your use of the Dedicated IP Address.

Violation of this agreement

If Web Guy becomes aware of any violation or threatened violation of this agreement, Web Guy may pursue any remedies and take any action against you or your customers to stop or correct such violation, including, but not limited to, denying access to Web Guy’s services and equipment or to the Internet, removal of all or a portion of the information stored on Web Guy’s servers, suspension of any and/or all services, or termination of this agreement. In the event Web Guy is required to suspend services or terminate this agreement, Web Guy shall not refund any of the fees paid in advance of such corrective action. In addition, Web Guy may charge you for any costs or expenses it incurs as a result of the threatened or actual violation of this agreement. You agree that Web Guy shall have no liability to you or any of your customers as a result of any corrective action Web Guy may take (including, without limitation, termination of services). You are expected to cooperate with Web Guy in any corrective or preventive action that Web Guy deems necessary.

SSL Certificates

All SSL Certificates advertised, are advertised without installation costs. SSL Certificates require a dedicated IP Address which is charged at an additional cost per month. Please ensure that you meet the minimum requirements for an SSL certificate, you are responsible for every purchase you make. There are no refunds on any SSL Certificates.

Payments

Please see our payment policy.

All services must be paid on time. We reserve the right terminate your service/s at any time for non – payment. We also reserve the right to charge you additional fees, such as late fees, if your account is not paid on time. All accounts are due on the first (1st) of every month. If payments are not received by the fifth (5th) of the month, a late fee / admin fee of R75.00 will be added to your account, and your account as well as all your products and services will be suspended until you pay your account in full. For as long as you are a client of Web Guy, you will adhere to this payment policy.

In the case of web design and similar services, all invoices must be paid by the due date. If not paid by the due date, you have a five day grace period to pay, after the grace period has passed, you will be charged a late fee / admin fee of R75.00, over and above your invoice. We reserve the right to delay your website if we are not paid on time.

Web Design

• All websites will have Built By Web Guy or Designed by Web Guy link on them. This includes a link back to our website.

• A 50% deposit is required before work commences on your website. The balance of the outstanding amount must be paid in full, before your website will be published. Until full payment for the web design is received, we will not allow to launch or use your website.

• We reserve the right to delay development on your website, should you fail to pay us on time.

• Once a template has been agreed upon and installed on your website, should you change your mind about the template, an additional R1000 template change fee will be charged to your account.
• Once we have started working on your website, it is your responsibility and you will be obliged to pay us the agreed amount for the website, even if you change your mind or do not want the website anymore. We will still give you the website.

• Once your website has been published, it means that the design project has officially ended and that you have accepted the final design. Any changes made after your website has been published, will be charged for, at an additional cost.

• All information that must be put on the website must be ready and available at the start of your project.

• The content for your website must be given in the following way:

• Each content page must be in its own separate word document. For example the about us page must be in its own word document and the terms and conditions information must be in its own separate word document.
• All pictures supplied to us must be in a .jpg format and not larger than 512 KB. All pictures must be properly labeled and a word document should accompany the pictures with explanations on what we must do with each picture.
• Products that must be uploaded must be given to us in a excel spreadsheet with all the relevant information. We will provide you with an example on how the spreadsheet should be completed.
• All content supplied by you must be in its final form.
• You are responsible for ensuring that the content given to us is correct.
• We will not start working on your project if the content is given to us in any other format other than the one mentioned above.

Domains

Please note that domains, even if you have made a spelling mistake or registered the wrong TLD, cannot be refunded. Please always double check your order for domain purchases as we cannot be held responsible for any mistakes made by you. Domain registrations are automated, so once an order is placed, your domain is immediately registered. Once a domain has been registered, there is nothing we can do. The registration is final.
All .co.za domains are subject to Uniforum's policies and terms and conditions. For more information please visit, http://registry.net.za
All other domains are subject to their respective registrar's and registry's policies.
All domain registrars policies apply to all domains registered to Web Guy
For more information on domains registrars policies, please email us at info@web-guy.co.za

Please view the following sites for more information:

Uniforum - http://registry.net.za
ICANN - http://www.icann.org
The .PW Registry - http://registry.pw
Neustar - http://neustar.biz
Verisign - http://www.verisigninc.com
PIR - http://www.pir.org/home
.org.za - http://org.za

Terms & Modifications of this agreement

The term of this agreement shall be of the same time span for as long as you are a client of Web Guy. The Term will begin from the moment you order your service/s till the time you cancel them.

We may change or modify any of the terms and conditions contained in this Agreement, including any policy or guideline incorporated by reference, at any time, and you agree to be bound by the revised terms of this Agreement. Any such modification will become effective upon the date they are first posted on this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. Web Guy does not and will not assume any obligation to notify you of the changes to this Agreement. Your continued use of the services offered by Web Guy will be the reflection of your cooperation and acceptance of any changes or modifications to this agreement.

You acknowledge that for as long as you are a client of Web Guy, you will be bound to agree to these terms and conditions / terms of service.

You acknowledge that you have also read and accepted our payment, refunds and privacy polices.