Web Assist Terms of Service
The Terms and Conditions for Web Assist (www.webassist.xyz) owned by Web Assist (Pty) Ltd.
You agree to use all Web Assist (Pty) Ltd services and facilities at your own risk. Web Assist (Pty) Ltd specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Web Assist (Pty) Ltd be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Web Assist (Pty) Ltd harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Web Assist (Pty) Ltd, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Web Assist (Pty) Ltd against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with Web Assist (Pty) Ltd's servers, network and services.
Web Assist (Pty) Ltd reserves the right to intervene with any of the sites hosted on its servers and network in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from Web Assist (Pty) Ltd's servers and network. Web Assist (Pty) Ltd shall be the sole judge of what violates this Policy.
At this time we bill monthly, quarterly, semi-annually and annually, biannually and triennially depending upon the plan. Web Assist does not offer refunds as this is a month-to-month billing agreement, with a 30-day notice period upon cancellation, with no long-term contracts. Domain Name registration fees are also non-refundable.
Billing amounts and prices can and will vary according to daily exchange rates for the currencies we support. For any queries in this regard feel free to contact Web Assist (Pty) Ltd billing.
We accept Visa, Master Card, American Express, Discover Card. We will also be implementing alternate forms of payment e.g. Bitcoin and MasterPass and others. There are no contract periods unless specifically stated but for each successive period, your contract is automatically renewed unless we are notified otherwise, and as stated above those amounts are adjusted according to exchange rates.
All accounts are billed according to the dates they were first activated on.
Invoices are generated 5 days before due date and emailed to your email account specified in your profile. On certain products e.g. Domain Names the time before due date an invoice is generated can vary e.g. to comply with ICANN regulations etc. An account overdue email is sent the day after due date if no payment is received.
Acceptable Use Policy
All services provided by Web Assist (Pty) Ltd may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any South African Country, Province or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Web Assist (Pty) Ltd and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all Web Assist (Pty) Ltd servers. This includes sites that include sexually explicit or hard-core images and/or advertising.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.
Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Any other activity such as mail spamming, sending unsolicited email, and/or any other related activity is not allowed on our network or our services and can result in your account being suspended or terminated. Accounts suspended or terminated due to content or AUP (Acceptable Use Policy) violations are not refunded under any circumstances.
LIMITATION OF LIABILITY
Web Assist (Pty) Ltd shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Web Assist (Pty) Ltd servers going off-line or being unavailable for any reason whatsoever. Furthermore, Web Assist (Pty) Ltd shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Web Assist (Pty) Ltd servers. All damages shall be limited to the immediate termination of service.
Web Assist (Pty) Ltd cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Web Assist (Pty) Ltd are resold. Thus, certain equipment, routing, software, and programming used by Web Assist (Pty) Ltd are not directly owned or written by Web Assist (Pty) Ltd. Moreover, Web Assist (Pty) Ltd holds no responsibility for the use of our clients’ accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Web Assist (Pty) Ltd sees fit. FURTHERMORE, Web Assist (Pty) Ltd retains the right to change any or all the above Policies, Guidelines, and Disclaimer without notification.