Copyright MVGL Africa 1999 - 2008
  General Terms & Conditions for the Supply of Goods &/or Services

Following is MVGL Africa's General Terms and Conditions for the Supply of Goods and/or Services.

It applies to you if you are a customer of MVGL Africa and it is intended to ensure that you know your rights and obligations when using MVGL Africa's Services.

Please look out for any amendments to the Terms and Conditions that MVGL Africa might make in the future. The current version of the general terms and conditions is displayed here. Any other versions of our Terms and Conditions that vary from these do not apply.

1. Definitions

MVGL Africa is MVGL Africa, and its employees, officers, agents, resellers and affiliates.
The 'Agreement' means these terms and conditions and the details on the application for hosting Services.
The 'Customer' refers to all persons, companies, or other entities identified on the application for MVGL Africa and to any person nominated by the customer who is authorized to use the Service.
The 'Service' means the computing and communication service known as the MVGL Hosting Service, as modified from time to time.

2. Application and Variation of these Terms

The terms and conditions are the terms on which MVGL Africa provides services or goods to its customers, modified by any written contract between MVGL Africa and its customers in any particular case. The terms so modified constitute the agreement in its entirety and supersede any prior agreements both verbal and written. MVGL Africa may modify these terms as applying to any agreement, the pricing structure for any service or the terms of the operation by general notice on a page of the internet referred to on the MVGL Africa Home Page or indicated there from, and any use after that publication will constitute an acceptance of that modification.

3. Charges

The customer will pay the hosting fee, registration fee and any other related fees in advance. The hosting fee, registration fee and any other fees are inclusive of VAT unless otherwise stated.

In addition the Customer must provide and/or pay for:

The installation and use of telephone lines and all other equipment (Not purchased from MVGL) needed to access the service at their own cost.

Any outstanding fees to any previous Internet Service Provider if applicable.

4. Payment of Accounts

The Customer must pay all amounts in accordance with their hosting agreement. Upon registration of a credit card account, the customer gives MVGL Africa authorization to debit their credit card for all charges. Billing is on a monthly cycle beginning the on registration.

Pro-Rata Billing will apply from Date of Registration unless otherwise arranged in writing.

New Domains are only registered when the domain registration fee reflects in our Account. Please note that incorrectly spelled Domains on your Part are billable after confirmation.

5. Publication at Customers Risk

The Customer accepts responsibility for all information and material issued by the Customer over any Service, and indemnifies MVGL Africa against any liability in relation thereto. In particular the customer undertakes that it shall not:

Post,publish,transmit or issue any information which is unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, pornographic, profane, or otherwise objectionable information of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, federal or international law, including, without limitation, laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws.

Post, publish, transmit, reproduce or distribute any information of software which contains a virus or other harmful components.

Post, publish, transmit , reproduce, distribute or in any way exploit any information , software, or other material obtained through the service for commercial purpose (other than as expressly permitted by the provider of such information, software or other materials)

Restrict or inhibit any other user from using and enjoying the internet.

Post, publish, transmit, reproduce, distribute any information on illegal or pirated software on their own media or our Forum.

The Customer also acknowledges the MVGL Africa does not vet or approve any information or material available through any service and that MVGL Africa does not accept any liability. To the full extend permitted by law the customer accesses and uses such information and material at his or her own risk.

6. Acceptable Use

The customer agrees to abide by MVGL Africa's Usage Terms Policy.

7. Provision of Service

The Service provided by MVGL Africa is not fault free and relies on factors outside the control of MVGL Africa. The Service is provided to the Customer at such times and by means as MVGL Africa decides from time to time.

Scheduled Maintenance must be carried out on our Servers from time to time, and every attempt will be made to carry out such maintenance at times which will affect the least amount of customers. Unscheduled maintenance may need to be performed due to data corruption or equipment failure. This very seldom is the case.

Customer data is archived onto backup mechanisms on a regular basis for the purpose of disaster recovery. In the event of equipment failure or data corruption, MVGL Africa will restore from the last known good archive.

8. Exclusion of Liability

MVGL Africa does not warrant that the services provided under this agreement will be uninterrupted or error free or that the services will meet the Customer's requirements, other that as expressly set out in this agreement.

MVGL Africa reserves the right, but is under no obligation, to remove from the Internet access any part of the customer data that, in MVGL Africa's opinion, infringes any of the warranties set out in this agreement.

MVGL Africa has no obligation to review or edit content of the Customer Data but may do so at will.

Except as provided in clause 9 below, MVGL Africa is not liable to the customer or any other person for:

Any cost, loss or liability (including loss of profit or other consequential damage) arising from MVGL Africa's supply or failure or delay in supplying any good or Services;

The content, context or confidentiality of any communications made by using any of our services. MVGL Africa is not able to provide support for software not supplied by MVGL Africa, this includes software downloaded from the Internet.

9. Limitation of Liability

Except as expressly provided to the contrary in this agreement, all warranties, undertakings, inducements and representations relating to the provision of any service or goods are excluded and MVGL Africa will not be liable for any loss or damage including consequential loss and damage however caused, whether by negligence or otherwise in respect of any service or goods.

Where any statue implies in this agreement any term, and that statue avoids or prohibits provisions in a contract excluding or modifying the application of or liability under such a term, then the term will be taken to be included in this agreement. However, MVGL Africa's liability for any breach of such implied term or warranty will be limited at MVGL Africa's option in any way permitted by the legislation to:

The supplying of the Services again; or

The payment of the costs of having the Services supplied again.

10. Customer Obligation

The Customer warrants that:

At the time of entering into this agreement it is not relying on any representation made by MVGL Africa which has not been stated expressly in this agreement, or on any descriptions or specifications contained in any other document, including any catalogues or publicity material produced by MVGL Africa.

It will conduct such tests and computer virus scanning as may be necessary to ensure that data uploaded by it onto or downloaded by it from our servers does not contain any computer virus and will not, in any way, corrupt the data or system of any person.

It will keep secure any passwords used to upload data to our servers by any means available.

All data uploaded to our servers under this agreement will not expose MVGL Africa to the risk of any claim,legal or administrative action or prosecution.

It is solely responsible for dealing with persons who access the customer data, and must not refer complaints or inquiries in relation to the customer data to MVGL Africa.

If there is any claim against MVGL Africa due to breach of the Customer's warranties, or otherwise attributable to the customers data, the customer must indemnify and hold MVGL Africa harmless against all liabilities, losses, damages, costs and expenses (including legal fees and expenses) associated with , or arising out of the claim.

It grants to MVGL Africa a license to use and reproduce all Customer data in order to fulfill its obligations under this agreement.

11. Breaches

The Customer shall indemnify MVGL Africa against loss (including any loss of profit) incurred by MVGL Africa as a result of any breach of the terms of any agreement with MVGL Africa including damages in respect of any period between the data of actual termination (including termination under clause 14) and the date on which the customer was entitled to terminate such agreement in accordance with its terms.

12. Termination

Either Party may terminate this agreement by 30 days notice in writing to the other party.
MVGL Africa may immediately terminate any agreement or the provision of any service if:

The Customer breaches any term of any agreement (including terms relating to payment or use);

Mvgl Africa forms the opinion in good faith that the Customer is or may be insolvent.

Mutual Agreement in the interest of both Parties.
On termination or expiry of this agreement for any reason:
MVGL Africa may delete all Customer Data from any of our Storage Media;

All outstanding charges become immediately payable and in no circumstances shall the customer be entitled to any refund of payments made under this agreement.

13. Suspension of Service

MVGL Africa may from time to time without notice suspend any service or disconnect or deny the Customer access to any Service:

During any technical failure, modification or maintenance involved in the Service provided that MVGL Africa will use reasonable endeavors to procure the resumption of the Services as reasonably practicable; or

If the customer fails to comply with any agreement (including failure to pay charges due) until the breach (if capable of remedy) is remedied, or does, or allows to be done, anything which in MVGL Africa's opinion may have the affect of jeopardizing the operation of any Service.

Notwithstanding any suspension of any Service under this clause the Customer shall remain liable for all charges, including Interest due, throughout the period of suspension. Suspended Sites will link directly to our Home Page.

A R 150.00 Reconnection fee applies. This applies to all Services offered by MVGL. Services will only be reconnected once Payment has been received and reflects in our Account.

14. Confidentiality

Except as otherwise expressly permitted in writing, no person may reproduce, redistribute, retransmit, publish or otherwise transfer or commercially exploit any information which they receive through the Service in any way which competitive to the Service.

15. Assignment

The Customer cannot assign its rights under any agreement with MVGL Africa without the prior written consent of MVGL Africa.

16. Severability

If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.

17. Failure to exercise rights not a waiver

No failure of MVGL Africa to exercise any power given to it or to insist upon the strict compliance by the operator with any obligations or conditions hereof and no custom or practice of the parties or variance with the terms of this deed shall constitute a waiver of MVGL Africa' rights to demand exact compliance with the terms of this deed nor shall a waiver by MVGL Africa or any particular default affect or impair MVGL Africa's rights as to the said default or any subsequent default.

18. Jurisdiction

Nothing herein contained shall detract from the rights of either party to have any dispute judged by the appropriate Courts of Law and it is agreed that this deed shall be governed by the Laws of South Africa and each of the parties hereby submits to the Jurisdiction of the Courts of South Africa and agrees that all actions and proceedings to be taken to enforce payment of any moneys payable hereunder or for or in connection with any matter arising under this deed shall be taken in the courts of that Country and not otherwise.

 

 
 
 
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