Terms & Conditions

1. PROVISION OF SERVICES. TOUCH POINT DESIGN agrees to provide web site hosting services to THE CLIENT, subject to the following terms and conditions.

2. CONTENT LIABILITY AND INDEMNIFICATION. THE CLIENT acknowledges that TOUCH POINT DESIGN does not regulate or take any responsibility for the content of its page or for the security of THE CLIENT's password. THE CLIENT warrants that it has all rights necessary to lawfully submit any information or materials that it is passing on to TOUCH POINT DESIGN, including all intellectual property rights. THE CLIENT agrees to indemnify TOUCH POINT DESIGN against actions brought by a third party as a result of such material or information, or as a result of THE CLIENT's use in any way of the Services provided by TOUCH POINT DESIGN.

3. CONTRACT TERMINATION. In the event that TOUCH POINT DESIGN at any time reasonably believes that THE CLIENT is in breach of any of the terms and conditions contained in this agreement or is using TOUCH POINT DESIGN services in an unacceptable manner, then TOUCH POINT DESIGN may immediately terminate this agreement without liability. THE CLIENT may terminate this contract at any time by notifying TOUCH POINT DESIGN. At the time of notification, THE CLIENT shall be responsible for the entire amount of the most recent statement and any excess usage charges at the time of termination. Should THE CLIENT cancel the one year domain option service within the first 12 months, then THE CLIENT is immediately liable for a cancellation fee of R450.00. Please note that there is a yearly renewal fee on all domain names.

4. WARRANTIES AND GUARANTEES. TOUCH POINT DESIGN makes no warranties or guarantees of any kind, whether express or implied, for the services to be provided. THE CLIENT agrees that TOUCH POINT DESIGN shall not be liable for any losses or damages of any kind to Customer, including, but not limited to, those that may result from service interruption delays or non-deliveries. TOUCH POINT DESIGN makes no warranties regarding its ability to recover any lost file, regardless of how or why the file was lost.

5. BILLING POLICY. Accounts 10 days past due may be subject to cancellation which will result in deletion of all of THE CLIENT's files, including email, backups, databases and domain name. TOUCH POINT DESIGN will issue invoices by fax, email or conventional mail. TOUCH POINT DESIGN is not a VAT vendor, so all prices are NETT.

6. PAYMENT VIA STOP ORDER. The monthly fee is payable in advance on the 28th day of each month.

7. CREDIT. Credit cards accepted.

8. SUSPENSION OF ACCOUNTS. No notice will be issued of TOUCH POINT DESIGN's intent to suspend a site if THE CLIENT is in breach of any of the terms of this agreement. TOUCH POINT DESIGN will not be held responsible for any damages, losses or claims as a result of a site being suspended.

9. DATA RECOVERY AND ADDITIONAL SERVICES. THE CLIENT will be charged at TOUCH POINT DESIGN's standard hourly fee of R160 per hour for the recovery of data or the installation of, or re-installation of components. The fee will be added to THE CLIENT's regular monthly invoice.

10. THE CLIENT's DATA. TOUCH POINT DESIGN shall make every reasonable effort to protect and backup data for THE CLIENT on a regular basis. TOUCH POINT DESIGN is not responsible nor liable for THE CLIENT's files. THE CLIENT is solely responsible for their independent backup of data stored on TOUCH POINT DESIGN's server and network.

11. AMENDMENTS. TOUCH POINT DESIGN reserves the right to make amendments or changes to this agreement with 15 days notice to THE CLIENT.

12. LITIGATION AND ATTORNEY'S FEES. In the event of any dispute arising out of or relating to this agreement, such dispute shall be resolved in CAPE TOWN, South Africa and the prevailing party in any such dispute shall be entitled to reasonable costs, including collection costs, and attorney's fees.

13. ACCEPTANCE OF TERMS. Use of TOUCH POINT DESIGN's services constitutes acceptance of the terms and conditions contained in this agreement and any amendments thereto.

14. Touchpoint may provide aggregate statistics about our customers, sales, traffic patterns and related site information to reputable third-party vendors, but these statistics will include no personally identifying information. Touchpoint may release account information when we believe, in good faith, that such release is reasonably necessary to (i) comply with law, (ii) enforce or apply the terms of any of our user agreements or (iii) protect the rights, property or safety of Touchpoint, our users, or others.

15. Touchpoint shall not be responsible and disclaims all liability for any loss, liability, damage (whether direct or consequential) or expense of any nature whatsoever which may be suffered as a result of, or which may be attributable, directly or indirectly, to the use of or reliance upon any information, links or service provided through this web site."

16. Spam - Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of usenet groups, posting obscene or threatening messages while using or referring to a Touchpoint email address or web site URL is prohibited. The use of Touchpoint servers as a mail drop for responses to activities described above is also prohibited. Security Attempts to manipulate Touchpoint servers or client web sites are prohibited. This includes, but is not limited to, attempting to gain unauthorized access to Touchpoint servers, mail bombing, or other means of deliberately overloading systems. Touchpoint does not allow insecure passwords on the servers. Touchpoint will not replace a password with an "easy one"

17. System Abuse - Includes, but is not limited to, excessive use of CPU resources or disk space, installing IRC bots, CGI scripts sharing with domains outside of Touchpoint, or other CGI scripts that use a disproportionate amount of system resources. Touchpoint will determine what constitutes system abuse

18. Web Site Content Management - Touchpoint isn't responsible for web site management or files lost or damaged by users. Web site construction and management is the responsibility of the client unless constructed and maintained by agreement in writing between Touchpoint and the client. Client-maintained backup of all site files is recommended, and should be maintained outside of Touchpoint network.

19. Indemnification/Disclaimer - Touchpoint doesn't guarantee that our services will be uninterrupted and will not be held liable for any claims resulting from the use or the inability to use Touchpoint Services - including, but not limited to, service interruptions, Internet connectivity problems, unauthorized access to Touchpoint servers, domain name registrar problems, DNS caching, Internet bandwidth congestion, power failures, and natural disasters.

20. Adult Content and Warez Sites - Touchpoint reserves the right to terminate hosting agreements should the client be found to be hosting illegal or unsuitable content. Touchpoint will determine what constitutes unsuitable content.

21. Policy Violation - If an account is used unlawfully or is in violation of the Acceptable User Policy, Touchpoint reserves the right to terminate the account without notice and without refunds. Files that violate the user policy are subject to deletion without notice. Clients violating the Acceptable User Policy will be held responsible for damages to Touchpoint, including but not limited to, Touchpoint's systems, servers, connectivity, reputation, business, service, network, operations, or equipment. All violations will be dealt with severely to the full extent of the law at the cost of the client.

22. Amendments to the Acceptable User Policy - The Acceptable User Policy may be updated from time to time. The client is responsible for visiting Touchpoint web site. on a monthly basis, so that The client may be made aware of any changes in this policy.
ENTIRE AGREEMENT. This represents the complete agreement and understanding between TOUCH POINT DESIGN and THE CLIENT 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.