[ Legal disclaimer ] ..... [ Privacy policy ] ..... [ Hosting terms & conditions ]

Legal disclaimer

By using this website, you signify your assent to this disclaimer. If you do not agree to this disclaimer, please do not use the site.

This site may contain links to other Internet sites. These links are not endorsements of any products or services in such sites, and no information in such site has been endorsed or approved by this site. All users agree that all access and use of this website is at your own risk. TraciDesign will not be liable for any damage arising out of your access, use, or inability to use this website, or any errors or omissions in the content thereof.

TraciDesign reserves the right to change its terms and conditions at any time. By using this website users agree in advance to be bound by all of the changes as well.

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Privacy policy

TraciDesign does not sell, transfer, or give away our customers' names, addresses, phone numbers, email addresses, credit card information, or sales information. We do not collect data without your knowledge when you visit our site, and if you choose to provide it to us, we do not make it accessible to any other individual or business.

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Hosting terms & conditions

Please read the following Terms and Conditions. This contract is a legal agreement between you (the customer) and TraciDesign.

This agreement is made between TraciDesign and the "customer" and is dated as from the initial setup invoice.

1. SERVICES
TraciDesign agrees to provide website hosting, email and related services to the customer, subject to the following terms and conditions.

2. CONTENT AND INDEMNIFICATION
The customer acknowledges that TraciDesign does not regulate or take any responsibility for the content of the clients pages or for the security of customer's password.

The customer agrees that the security of his/her passwords is solely their responsibility.

The customer agrees that if he/she believes the security of their account has been compromised in any way, that he/she will notify TraciDesign immediately.

The customer warrants that he/she has all rights necessary to lawfully submit any information or materials that he/she is uploading or transmitting to TraciDesign, including all intellectual property rights.

The customer agrees to indemnify TraciDesign against any action brought by a third party as a result of such material or information, or as a result of the customer's use in any way of the services provided by TraciDesign.

Any use of the network to engage in software piracy or any other violations of law will result in immediate account suspension.

3. TRADEMARKS & COPYRIGHTS
The customer warrants that he/she has the right to use any trademarks and servicemarks which he/she may choose to use in his/her domain name, on his/her website or any related product or service. TraciDesign cannot be held responsible in the event of a client infringing on any intellectual or property copyright.

4. INTERNET ETIQUETTE
The customer agrees to observe the following:

Sending e-mail to unsolicited addresses is forbidden. SPAM e-mail.

Multiple Cross Posting on News Groups where a TraciDesign hosted website is being promoted or a TraciDesign hosted mail address is being used.
Anyone who practices such tactics will have their account suspended pending an investigation. Should the customer be found guilty of any of the above offences, the customers account will be terminated with immediate effect.

The network or any of its resources may not be used to impersonate another person or misrepresent authorisation to act on behalf of others or TraciDesign. All messages transmitted via TraciDesign must correctly identify the sender.

5. NO WARRANTIES
TraciDesign makes no warranties of any kind, whether express or implied, for the services to be provided hereunder.

The customer agrees that TraciDesign shall not be liable for any losses or damages of any kind to the customer, including but not limited to, loss that may result from service interruption, delays in account activation, delays in general, non-deliveries, or misdeliveries no matter what the cause might be.

TraciDesign makes no warranties regarding its ability to recover any lost file or information, regardless of how or why the file / information was lost or deleted.

Use of the service is at the customer's sole risk. TraciDesign is not responsible for files and data residing on a customer's account.

Under no circumstances will TraciDesign be liable for any consequential damages or for any liability of any nature whatsoever.

6. BILLING POLICY
Service invoices will be sent to the customer via electronic mail 30 days in advance of receiving services (apart from the initial setup invoice which the customer agrees to submit payment for upon receipt). Invoices not paid by the 7th of every month are subject to immediate suspension.

TraciDesign will not be held responsible for any damages, losses or claims as a result of a customer's Internet service being suspended for non payment.

Invoices 30 days past due are subject to cancellation which will result in the deletion of all of the customer's files, including but not limited to web pages, email and databases.

The customer agrees that all setup fees are non-refundable once setup is completed.

The customer agrees that unless he/she notifies TraciDesign in writing of his/her desire to cancel any or all services received, those services will be billed on a recurring basis.

7. DEFINITION OF UNLIMITED BANDWIDTH
The term "Unlimited" is often used within the Internet services community to describe services of which no hard limits or per unit pricing are imposed, but which are nonetheless governed by limitations of fair and reasonable use, often at the discretion of the service provider. TraciDesign offers some services with "Unlimited" bandwidth, which bear no per unit charges, nor hard limits, but nonetheless are governed by reasonable and fair use. This means that we will not charge you for any bandwidth your account uses, nor will we impose any hard limits on the amount of bandwidth that you can use, provided said use is what TraciDesign in its sole discretion deems to be reasonable. If at any time TraciDesign deems your bandwidth usage to be abusive or unreasonable for the level of service you have purchased, or your bandwidth usage threatens to impair the quality of other users' service, TraciDesign may at its sole discretion take steps to limit the amount of bandwidth you consume, or request you to upgrade to a higher package. Special hosting packages can be designed for sites that require higher than normal bandwidth. TraciDesign will at no time attempt to collect payment for bandwidth already used by a customer whose account grants them unlimited bandwidth, regardless of the amount. TraciDesign does, however, reserve the right to charge the customer for any additional bandwidth he/she might require.

8. DOMAIN NAMES AND DOMAIN NAMES DISPUTES
TraciDesign will not be held liable for any disputes arising out of domain name registrations or domain name hosting on behalf of the customer.

TraciDesign will not be held liable for any losses or damages the customer may suffer due to a domain name being reallocated, transferred or deleted by any Domain Name Authority or NIC.

TraciDesign will not issue any credits for domain names where the customer has requested the wrong domain name to be registered. By submitting a request via email to TraciDesign, the customer confirms that the domain name that he/she has requested is correct.

TraciDesign reserves the right to take ownership of any domain name upon cancellation by the client should the client not specify any action to be taken in regards to ownership or transfer of the domain name.

TraciDesign will retain the ownership of the domain name in the event of the client's accounts not being settled in full on termination of the hosting agreement.

9. CONTRACT TERMINATION
In the event that TraciDesign at any time reasonably believes that the customer is in breach of any of the Terms and Conditions contained in this agreement or is using TraciDesign's services in an unacceptable manner, TraciDesign may immediately terminate this agreement without liability.

TraciDesign may terminate this contract with 30 days notice to the customer for any reason or for no reason.

The customer may terminate this contract at any time by giving TraciDesign no less than 30 days written notification. Such written notification can be sent via e-mail by the original contact person, and must be confirmed telephonically.

At the time of cancellation notification, the customer shall be responsible for the entire amount of any outstanding fees due.

All goods and services supplied by TraciDesign remain the property of TraciDesign until such goods or services have been paid for in full. The customer is not entitled to sell or dispose of any goods unpaid for without the prior written consent of TraciDesign.

10. LEGAL AGE/AUTHORISATION
The customercertifies that he/she is of legal age in the country of his/her residence to enter into this agreement.

Where acting on behalf of a Partnership, Close Corporation, Pty (Ltd), Ltd, or any other form of company/legal entity, the customer hereby confirms that he/she has the full permission/authority to act on behalf said legal entity.

11. AMENDMENTS
TraciDesign reserves the right to make amendments or changes to this agreement from time to time without notifying customers.

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 Johannesburg, South Africa. The customer shall be liable to TraciDesign for all legal expenses on the Attorney Client scale of an Attorney and Counsel incurred by TraciDesign in the event of (a) any default by the customer or (b) any litigation in regard to the validity and enforceability of this agreement. The customer will also be liable for any collection or valuation fees incurred. The customer agrees that TraciDesign shall not be liable to make payment of security into Court in terms of Section 62 of the Magistrate’s Court Act, as amended. The customer hereby consents to the jurisdiction of the Magistrate's Court.

13. ENTIRE AGREEMENT AND SEVERABILITY
This represents the complete agreement and understanding between TraciDesign and the customer 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.

14. ACCEPTANCE OF TERMS
Use of TraciDesign's services constitutes acceptance of the Terms and Conditions contained in this agreement and any amendments thereto.

By payment of the initial setup invoice, the customer acknowledges that he/she has read, understood and agrees to the above Terms and Conditions.

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