Terms

Introduction

Ultra-ISP hereby sells the service to you the user on the terms and conditions herein contained which you the user is deemed to have familiarized yourself with and have irrevocably accepted. The access to its network on a subscription basis which facilitates the use of the World Wide Web, e-mail, and FTP access via a connection agreed to by both parties for Ultra-ISP members only.
When you subscribe for the service, Ultra-ISP will issue a user name and password to you. To access the service and/or by using the service, you will be signifying your acceptance of these terms and conditions of use, which will form a binding agreement between you and Ultra-ISP.


Interpretation

In these terms and conditions:
a. "the user/the client" means the party who has purchased the service and/or any person using the service;
b. "the service" means the Internet service described herein provided by Ultra-ISP to the user in terms of the terms and conditions herein contained;
c. "Ultra-ISP" means the company Ultra IT Solutions CC.


Maintenance And Repair

Ultra-ISP may temporarily suspend its obligations in terms of this agreement in order to service, repair, maintain, upgrade, modify, alter, replace or improve any of its services. Where the circumstances permit, Ultra-ISP shall use its best endeavors to provide prior notice of any such suspension to the client. The client shall not be entitled to any setoff, discount, refund or other credit in respect of any such suspension of service nor in respect of any suspension, which is beyond Ultra-ISP's control.


Payment

ALL PRICES ARE as is. We are not VAT registered.
A minimum FEE of R80-00 will be added to each debit order returned.
Ultra-ISP shall bill the client in advance for the upcoming month.
Ultra-ISP will only issue invoices on request by the client. All invoices will be distributed by means of e-Mail.
The user pays to Ultra-ISP such charges as levied by Ultra-ISP from time to time as follows:


Monthly Subscriptions

The charge for a subscription to the Service on a monthly basis is a monthly fee, payable monthly in advance by the user to Ultra-ISP.
The client will be billed for the full month, even if the service requested starts on the last day of the month.
Payment is rendered without deduction, free of exchange or set-off by way of debit order, or in such manner as determined by Ultra-ISP.
It is a condition of activation that details of a valid, current bank account is provided for debit order purposes. All amounts due to Ultra-ISP will be recovered from the banking source given.
This amount is non-refundable.


Annual Subscriptions

The charge for a subscription to the Service on an annual basis is payable in full in advance by the user to Ultra-ISP.
It is a condition of activation that details of a valid, current bank account is provided for debit order purposes.
All amounts due to Ultra-ISP will be recovered from the banking source given.
This amount is non-refundable.
Usage fees, if applicable, will be billed in arrears.
Ultra-ISP reserves the right to withhold access for overdue accounts, while the user shall continue to be liable for the service until the conditions of notice of termination are fulfilled.
Without prejudice to rights granted to Ultra-ISP in terms hereof, any amount due by the user to Ultra-ISP not paid on due date thereof: shall bear interest at a rate equal to the maximum allowable in terms of the Usury Act, 1968, calculated daily in advance from date payment was due until date of actual payment thereof; and
Should the client fail to pay any amount owing to Ultra-ISP on due date, Ultra-ISP shall be entitled, in its discretion and without prejudice to any other rights which it may have, to cancel this agreement without notice to the client, or to suspend performance of its obligations pending full payment by the client.
In the instances where this agreement, in respect of any products applied for, specifies a minimum period of one year's duration and a client cancels or purports to cancel this agreement in respect of such products, prior to expiration of such year, the remainder of all monthly payments payable during the year shall immediately become due and payable to Ultra-ISP. If no written cancellation for any subscription is received on the 11th month all subscriptions will be renewed automatically for a minimum period of one year thereafter.
Ultra-ISP shall be entitled to take all such steps, without notice to the user, as may be necessary to recover such outstanding amount. The user shall be liable to pay all costs incurred in respect of the recovery of such outstanding amount.
Ultra-ISP reserves the right to levy a charge for handling fees at an amount determined by Ultra-ISP for monies due in the event of a user's payment being returned or rejected by the user's bankers.
Ultra-ISP furthermore reserves the right to blacklist with any or all credit bureau agencies within the Republic of South Africa, any such user who fails to comply with the payment agreement for subscription to the service.
In addition, Ultra-ISP will not be held responsible or be required to assist with the removing or rescinding of any such information, which may be recorded by a credit bureau agency.
Ultra-ISP reserves the right to amend service subscription charges at its sole discretion. Ultra-ISP shall give the user 30 (thirty) day notice of any such amendment and the user shall be bound to such adjustments.
The client shall not be entitled to any setoff, discount, refund or other credit in respect of any suspension or interruption of or delay in service, or where in any month the client has utilized less than any minimum bandwidth specified.
The provision and costs of development, including HTML coding, design and maintenance are not included in the prices set out in this agreement unless otherwise specified.


Monitoring And Termination Rights

The client acknowledges that Ultra-ISP has no knowledge of, nor interest in, nor in any way contributes to, nor approves the creation of the client's content as hosted by Ultra-ISP and published by the client on the client's web site and that hosting or publication of certain kinds of content may be offensive, unlawful, in breach of codes of conduct binding on Ultra-ISP, violations of legislation (including regulations), violations of the common law generally, and violations of the requirements and rules of any regulatory authority and that hosting and publication of certain kinds of content may cause harm to the name, goodwill and reputation of Ultra-ISP, its affiliates, and its business partners.
Accordingly the client agrees, if Ultra-ISP in the exercise of its sole discretion is of the opinion that the client's content is offensive, unlawful, or harmful, as set out above, or the client has uploaded and utilized illegal or harmful software or licenses, that Ultra-ISP without derogating from any of its other rights in terms of this agreement, may:
(a) request the client forthwith to remove the offensive, unlawful, or harmful content, as the case may be; or
(b) request the client forthwith to amend or modify the content; or
(c) without notice delete the client's web site from the server; or
(d) without notice terminate access to the client's web site
The client agrees that nothing that Ultra-ISP does in the performance of its obligations in terms of this agreement or in the carrying on of its business generally shall be construed as an assumption of responsibility or liability by Ultra-ISP for the content of the client's web site or the illegal use of software or licenses and the publication thereof, whether or not Ultra-ISP had knowledge of such content and the client hereby indemnifies Ultra-ISP and holds it harmless against any liability and any claims of whatever nature made by any person for any loss or damage suffered arising directly or indirectly from the hosting and/or publication of the client's content or software as well as any other data or software on the client's web site.
Ultra-ISP shall use its best endeavors to notify the client of any action taken in terms of clause above, but does not warrant that notice shall be given to the client prior to such action being taken.


Cession, Delegation Or Assignment

The client shall not cede, assign or delegate or in manner whatever transfer including but not limited to the sub-letting or re-sale of any disk space, server capacity or web hosting) of any of its rights or obligations under this agreement without the prior written consent of Ultra-ISP. In the event of any change in controlling interest in the client, Ultra-ISP shall be entitled to terminate this agreement on notice to the client. The client shall notify Ultra-ISP of any change in its controlling interest within fourteen days of such change.
Ultra-ISP shall be entitled to cede, assign, transfer or delegate all or any of its rights or obligations under this agreement to an affiliate of Ultra-ISP or to any third party.


Domicilium

The parties choose domicilium citandi et executandi ("domicilium") for the purposes of giving any notice, the payment of any sum, the service of any process and for any other purpose arising from the agreement at the addresses specified in the application form.
Each of the parties shall be entitled from time to time by written notice to the other to vary his domicilium to any other address within South Africa, which is not a post office box or poste restante.
Any notice required or permitted to be given in terms of this agreement shall be valid and effective only if in writing.
Any notice given and any payment made by one party to the other ("the addressee") which:
Is delivered by hand during the normal business hours of the addressee at the addressee's domicilium for the time being shall be presumed, until the contrary is proved, to have been received by the addressee.
Is transmitted by telefax or e-mail shall be deemed (in the absence of proof to the contrary) to have been received within 1 (one) hour of transmission where it is transmitted during normal business hours and within 4 (four) hours of the commencement of the following business day where it is transmitted outside those business hours.
Delivery is posted by prepaid registered post from an address within South Africa to the addressee at the addressee's domicilium for the time being, shall be presumed, until the contrary is proved, to have been received by the addressee on the 14th (fourteenth) day after the date of posting;


Breach

If either Ultra-ISP or the client breaches any term of this agreement and fails to remedy such breach within seven days of written notice requiring it to do so, then the party not in breach shall be entitled, but not obliged, without prejudice to any rights or remedies which it may have, to cancel this agreement or to claim immediate performance and/or payment by the party in breach.


Commencement, Duration And Termination

This agreement shall, save as expressly indicated to the contrary in any specific product application form or contract, commence upon acceptance of the application by Ultra-ISP and shall continue indefinitely thereafter, provided that either party shall be entitled to terminate this agreement (or any specific product applied for) on one calendar month's written notice to the other to that effect. Written notice must reach Ultra-ISP by no later that the 1st of the calendar month.


Disclaimer For Liability

Although Ultra-ISP shall use reasonable endeavors to provide disaster recovery, Ultra-ISP does not specify any recovery time, nor shall Ultra-ISP be liable for any loss or damage of whatever nature incurred or suffered by the client from any cause whatsoever as a result of Ultra-ISP failure to provide, or delay in providing, or providing only partial, disaster recovery. The client is accordingly advised to make back-ups of its data. Nothing contained in this paragraph should be construed as a representation that any back-ups of data implemented by client will be successful or in any way will avoid disaster.
The client shall have no claim against Ultra-ISP and the client hereby indemnifies and holds Ultra-ISP free from liability in respect of any loss or damage:



General

No extension of time or indulgence which one party (the grantor) may grant to the other (the grantee) shall constitute a waiver of any of the rights of the grantor who shall not be precluded from exercising any past or future rights against the grantee.
This document constitutes the sole record of the agreement between the parties and no addition, variation or agreed cancellation of this agreement shall be of any force or effect unless in writing and signed by or on behalf of the parties;
No party shall be bound by any express or implied term, representation, warranty or the like which is not recorded in this agreement;
These terms and conditions may change from time to time. The User may view such terms and conditions at http://www.Ultra-ISP.net/terms/index.htm and unless otherwise notified, Ultra-ISP shall deem that the User has been acknowledge and agrees thereto within 14 (fourteen) days of such changes being.


Jurisdiction

The User hereby irrevocably consents to the jurisdiction of the Magistrate's Court in the terms of Section 28 of the Magistrate's Courts Act of 1994, provided that Ultra-ISP shall, should it so elect, be entitled to institute proceedings in the High Court of South Africa.


Dial-Up Access Terms Conditions

In order to ensure the security and reliable operation of the system to all subscribers, Ultra-ISP hereby reserves the right to take whatever action Ultra-ISP finds necessary to preserve the security and reliability of the system.
Ultra-ISP, with effect from the effective date, hereby grants to the subscriber the use and enjoyment of its computer network to gain entry to the Internet (“access”) on the terms and conditions set out herein.
The subscriber hereby acknowledges receipt of such access and agrees:
That the log-in ID and password will be used for his/her personal use only;
Not to give or make available in any way his/her personal log-in ID and password to any other person for such person's use ("unauthorized use") and undertakes to maintain the confidentiality of such log-in ID and password;
In the event that any unauthorized use takes place, to pay immediately, on demand made by Ultra-ISP, all such costs involved in the use of such subscriber's log-in ID and password.
The subscriber acknowledges that he/she is prohibited from utilizing Ultra-ISP services to compromise the security or tamper with system resources or account(s) on computer(s) at Ultra-ISP, or at any other site.
The subscriber agrees to conform to generally acceptable Internet etiquette ("netiquette") and to abide by Ultra-ISP's operating policies, which may be amended from time to time at Ultra-ISP's sole discretion, (and the subscriber hereby indemnifies and holds Ultra-ISP free from liability in respect of any loss or damage of whatever nature caused as a result of any violations of such policy) which policies include but are not limited to the guidelines set out below:

In the event that the subscriber should engage in any one or more of the above practices, which shall be determined in Ultra-ISP's sole discretion and which decision shall be final, then Ultra-ISP shall be entitled to:

Without limiting the above, the subscriber undertakes to abide by all laws applicable to the intellectual property rights (including but not limited to: title, copyright, trade marks, and patents) of any and all data and/or information retrieved from the service including those expressly or implied specified by Ultra-ISP or by any of the local or foreign service providers or any laws governing the provision of the service.


Domain Services Terms And Conditions

Ultra-ISP shall in accordance with the client's instructions as set out in the application form and at such charge specified in the main order form procure the registration, transfer, modification and / or forwarding of a domain name for the client.
The client acknowledges that such the registration, transfer, modification and / or forwarding of a domain name is subject to the rules and regulations of the authority responsible for registrations and that Ultra-ISP cannot guarantee the registration of the domain selected by the client.
The client hereby warrants that it is the lawfully entitled owner of the domain name, or has the consent of the owner to use such domain name and that in using the domain name it has not violated any intellectual property rights of whatever nature of any person who may lawfully claim title of whatever nature to such domain name and hereby indemnifies and holds Ultra-ISP free from any liability and any claims of whatever nature howsoever arising as a result of the use of the domain name.
The client agrees to refund to Ultra-ISP the costs levied by registration authorities in procuring the registration of the domain name.
A fee of R12-00 will be charged should you just Park your domain name


Mail Spooling Terms And Conditions

Ultra-ISP shall provide the client with an SMTP/POP3 mail spooling service in accordance with the client's choices as set out in this application form and at such charges as specified in the main order form.
The charge for SMTP/POP3 mail spooling service does not include SMTP server set up costs.
Ultra-ISP assumes no responsibility for the failure of any mail delivery or the loss of any mail.
The client undertakes to take all reasonable steps to prevent the SMTP/POP3 mail spooling service from being used as a relay, and Ultra-ISP reserves the right to suspend or terminate the service if relaying occurs until such time as the client has taken steps to prevent the relaying.
The client is responsible for ensuring that the client mail site is protected against viruses.


Web Site Hosting Terms And Conditions

Ultra-ISP shall, in accordance with the client's choices as indicated on the application form:


E-Mail Terms And Conditions

Ultra-ISP shall provide the client with e-mail services in accordance with the client's choices as set out in the application form.
Ultra-ISP assumes no responsibility for the failure of any mail delivery or the loss of any mail.
The client is responsible for ensuring that the client mail site is protected against viruses.


Mailing List Terms And Conditions

Fax Terms And Conditions

Hence forth formally referred to as THE SERVICE PROVIDER, hereby offers this product or service to customers based upon the following agreed terms and conditions


Limited Risk

Due to the nature of the Fax Services (FAX), THE SERVICE PROVIDER cannot be held responsible for risks incurred through the use of any of these FAX products or services, as well as all risks associated with data security, privacy, availability and reliability of message processing and transmission. Thus, the customer is fully and exclusively liable for any and all risk resultant from the use of the said Product (s) or Service(s).


Limitation of Liability

These services and all information, products and other content (including third party information, products and content) provided by, included in or accessible from this web site, are provided "as is" and are subject to change at any time without notice to the customer. To the fullest extent permitted by law, we disclaim all representations and warranties (express, implied and statutory, including but not limited to the warranties of merchantability and fitness for a particular purpose, and non-infringement of proprietary rights) as to the services and all information, products and other content (including third party information, products and content) provided by, included in or accessible from this web site. In no event shall THE SERVICE PROVIDER be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, unauthorized use, performance or non-performance of these products or services, even if THE SERVICE PROVIDER has been advised previously of the possibility of such damages and whether such damages arise in contract, negligence, delict, under statute, in equity, at law or otherwise.


Access to the Service

THE SERVICE PROVIDER shall use all reasonable endeavors to ensure that the Services are available on a 24 hour, 7 days a week basis.


Nature of Services


Changes to Service Offerings and Content

THE SERVICE PROVIDER reserves the right to modify, enhance, discontinue and further develop the relevant Product(s) or Service(s) or its product or service offerings at any time without prior notice.


Customer's Responsibilities and Liability


Identification of the Originator

THE SERVICE PROVIDER reserve the absolute right not to deliver any FAX message unless and until the identification of the originator thereof, or its authorized representative, is known and understood.


Termination of the Service(s)

At any time during the tenure of this agreement, the customer acknowledges that THE SERVICE PROVIDER reserves the right to disable, discard or remove any customer's service, without notice, for any reason, including and without limitation to, should THE SERVICE PROVIDER in its reasonable opinion believes that the customer has contravened or breached any provision of this agreement. THE SERVICE PROVIDER may also, at its sole discretion, at any time cease to provide the relevant Service, or any part thereof and to make modifications and changes to the said relevant Service. The customer also fully understands, accepts, and further indemnifies THE SERVICE PROVIDER fully against any claims by the customer or any third party as a result of such changes to or termination of Service(s), or part thereof.


Billing


ADSL Internet Access Service Terms And Conditions