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Service Level Agreement

COVERAGE

This Web Site Availability Service Level Agreement applies to you if you have ordered ANY hosting plans ("Service") and you are in good financial standing with Pixeleight Web & Graphic Solutions.

 

SERVICE LEVEL

Pixeleight endeavors to have network connectivity available for http access by third parties 99.9% of the time ("Web Site Availability").

 

CREDITS

Service credits will be calculated as a percentage of the bill for the billing cycle that the Unavailability occurred. The percentage for the credit will be calculated by dividing the number of minutes of Unavailability by the total number of minutes in that billing cycle. Service credits must be claimed within 14 days of the Unavailability occurring by submitting a support ticket. Include as much detail as required to document the Unavailability. Credits will usually be applied within sixty (60) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event that there is no Web Site Availability.

 

RESTRICTIONS

Credits shall not be provided to you in the event that you have no Web Site Availability resulting from (i) Scheduled maintenance, (ii) Your behavior or the performance or failure of your equipment, facilities or applications, or (iii) Circumstances beyond Pixeleight's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your Web Site.

 

LIMITATIONS

On-line problems occur continuously. There might come a time when you cannot access your website or any other service. This is not necessarily due to Pixeleight. Perhaps your ISP is experiencing technical difficulties, or there might be a routing problem between your ISP and Pixeleight, making communication difficult or impossible. We cannot bear the responsibility of such problems. Our monitoring agents determine the uptime of our service, and not any one client's experience.

 

TORTIOUS CONDUCT

No one shall post defamatory, scandalous, violent or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.

 

MATERIAL PRODUCTS

Customer will provide Pixeleight Pixeleight Web & Graphic Solutions with material and data in a condition that is “server-ready”, which is in a form requiring no additional manipulation on the part of Pixeleight Pixeleight Web & Graphic Solutions. Pixeleight Pixeleight Web & Graphic Solutions shall make no effort to validate this information for content, correctness or usability.

Use of Pixeleight Pixeleight Web & Graphic Solutions Hosting’s service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer’s Webspace by the Customer.

 

The Customer agrees that he or she has the necessary knowledge to create Customer’s Webspace. Customer agrees that it is not the responsibility of Pixeleight Web Hosting to provide this knowledge or Customer Support outside of the defined service of Pixeleight Pixeleight Web & Graphic Solutions.

 

Pixeleight Pixeleight Web & Graphic Solutions will exercise no control whatsoever over the content of the information passing through the network, provided that it adheres to all other conditions set forth in our Terms of Service and Acceptable Use Policy documents.

Pixeleight Pixeleight Web & Graphic Solutions reserves the right to police its network to verify compliance with all agreed upon Terms. The Customer agrees to cooperate in any reasonable investigations into their adherence to all agreed upon Terms. Failure to cooperate is grounds for immediate disablement of all accounts/service plans. Pixeleight Pixeleight Web & Graphic Solutions reserves the right to disconnect any website or server deemed to present a security threat to Pixeleight’s customers, servers, or network.

 

The opening of multiple accounts or service plans in order to bypass any restrictions or overage charges set forth by Pixeleight Pixeleight Web & Graphic Solutions is grounds for termination of all services. Pixeleight Pixeleight Web & Graphic Solutions makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Pixeleight Web Hosting also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of Pixeleight Pixeleight Web & Graphic Solutions is at the Customer’s own risk, and Pixeleight Pixeleight Web & Graphic Solutions specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. Pixeleight Web & Graphic Solutions expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.

 

Pixeleight Pixeleight Web & Graphic Solutions specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not “Server-ready”, Pixeleight Pixeleight Web & Graphic Solutions may, at its option and at any time, reject this material, including but not limited to after it has been put on Pixeleight Web Hosting’s Server. Pixeleight Pixeleight Web & Graphic Solutions agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Pixeleight Pixeleight Web & Graphic Solutions. If the Customer fails to modify the material, as directed by Pixeleight Pixeleight Web & Graphic Solutions, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.

 

All domain names registered through Pixeleight Web & Graphic Solutions or its previous domain registration site, , that are ‘parked’ or are otherwise not immediately associated with a Pixeleight Pixeleight Web & Graphic Solutions hosting plan will be automatically pointed to a “Coming Soon” web page which informs visitors that the registrant has recently registered their domain name via Pixeleight.co.za. The Coming Soon web page may be modified at any time by Pixeleight Pixeleight Web & Graphic Solutions without prior notice to you and may include such things as, without limitation, links to additional products and services offered by Pixeleight Pixeleight Web & Graphic Solutions.

 

The Account Holder acknowledges that Pixeleight Web & Graphic Solutions will not be liable for any loss of use, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, delict, or otherwise which may be suffered as a result of or which may be attributable, directly or indirectly, to the use and/or registration of the selected domain name and accordingly indemnifies Pixeleight Web & Graphic Solutions against any loss whatsoever arising from any dispute or claim occasioned by the registration, domain name expiry and/or domain name hijacking of the selected domain name whether occasioned by any act or omission of Pixeleight Web & Graphic Solutions, its representatives, agents or employees or otherwise

 

Pixeleight Web & Graphic Solutions' services are provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Pixeleight Web & Graphic Solutions expressly disclaims any representation or warranty that the Pixeleight Web & Graphic Solutions services will be error-free, secure or uninterrupted. No oral advice or written information given by Pixeleight Web & Graphic Solutions, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice. The terms of this Section will survive any termination of this Agreement.

 

Pixeleight Web & Graphic Solutions reserves the right to refuse service if any of the content within, or any links from, the Account Holder's website is deemed illegal, misleading, or obscene, or is otherwise in breach of Pixeleight Web & Graphic Solutions' then current Acceptable Use Policy, in the sole and absolute opinion of Pixeleight Web & Graphic Solutions. Notwithstanding anything in this Agreement, the content of the Account Holder's website is the sole responsibility of the Account Holder. The Account Holder agrees to indemnify and hold harmless Pixeleight Web & Graphic Solutions from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney's fees, costs, and other expenses incurred Pixeleight Web & Graphic Solutions, (collectively, Claims) related to or in connection with the content of the Account Holder's website. The terms of this Section will survive any termination of this Agreement.

 

Account Holder acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Account Holder. Account Holder is aware that Pixeleight Web & Graphic Solutions reserves the right to change the specified rates and charges from time to time.

 

Disputes

The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mindset, without formal proceedings. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in South Africa. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.

The interpretation and enforcement of this Agreement shall be governed according the laws of the Republic of South Africa (excluding its choice of law rules). The Account Holder hereby consents to personal jurisdiction in the federal and provincial courts of South Africa for any action arising out of or relating to the Account Holder's use of the Pixeleight Web & Graphic Solutions services. The federal and provincial courts of South Africa will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. The terms of this Section will survive any termination of this Agreement.

 

Payment

In the event of 30 days of non-payment, you agree to Pixeleight Web & Graphic Solutions' right to place a "non-payment" page on your domain. Furthermore you agree that DNS of your domain will remain unchanged until full payment for the outstanding balance on your account has been received by Pixeleight Web & Graphic Solutions.

In the event of suspension of account due to non-payment, an re-activation fee of R150 will be charged if the client wants to re-activate his/her account.

If an account holder's account is overdue for 90 days, the account will be handed over to an outside collection agency. At that time the account holder will incur a minimum collection fee of R400 or 25% of the balance due, the amount to be determined by Pixeleight Web & Graphic Solutions at its sole discretion.

 

TERMINATION

This contract may be terminated by either party, without cause, by giving the other party 14 days written notice. Pixeleight Web Hosting will accept termination by electronic mail. Notwithstanding the above, Pixeleight Web Hosting may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. Pixeleight Web Hosting reserves the right to charge a reinstatement fee.

 

LIMITED LIABILITY

Customer expressly agrees that use of Pixeleight Web Hosting’s Server is at Customer’s sole risk. Neither Pixeleight Web Hosting, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Pixeleight Web Hosting’s Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Pixeleight Web Hosting Server service, unless otherwise expressly stated in this contract.

 

Under no circumstances, including negligence, shall Pixeleight Web Hosting, its offices, agents or any one else involved in creating, producing or distributing Pixeleight Web Hosting’s Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Pixeleight Web Hosting Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Pixeleight Web Hosting’s records, programs or services.

 

Customer hereby acknowledges that this paragraph shall apply to all content on Pixeleight Web Hosting’s Server service. Notwithstanding the above, Customer’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.

 

TRADEMARKS & COPYRIGHTS

Customer warrants that it has the right to use the trademarks and copyrights applicable to all content and/or products being made available through the customer’s account.

 

Pixeleight Web & Graphic Solutions reserves the right to add, delete, or modify any provision of this Service level Agreement at any time without notice.

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*Prices valid for initial term only and automatically renew at the regular rate. If you register a free domain with us and choose to cancel your account, you will be charged a R180.00 domain fee if you'd like to keep your domain.

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