1. Duration of Agreement
1.1. The provision of services shall endure as of the effective date for an initial period of 3 months in the case of monthly subscriptions, or the initial period subscribed for (e.g. annually) . After the initial period, this agreement will automatically be renewed for the same period, unless either party provides written notice of termination, no less than 1 calendar month prior to termination.
1.2. Any renewal of this agreement is subject to the terms and conditions contained herein, but subject to price changes upon reasonable notice by All Africa Interactive.
2. Upgrades and Additional Services
Where the subscriber requests upgrade(s) to the services and All Africa Interactive agrees to provide such upgrades, the subscriber will be held responsible for the additional fees incurred by such upgrades, while the terms and conditions in this agreement will remain valid.
3.1. a. The subscriber agrees to pay all fees and charges, in South Africa currency or any other currency quoted for the service on the agreed date, without deduction of any amount for whatever nature or reason.
b. A monthly minimum charge of R32.95
applies on all send enabled accounts.
3.2. All once off, annual and bi-annual fees are payable in advance and are non-refundable.
3.3. The subscriber agrees to state the requested e-mail address his/her deposit slip/bank statement and fax/e-mail proof of payment to All Africa Interactive. All Africa Interactive will not be held responsible for non-payment and subsequent suspension of the account, if the payment cannot be traced.
3.4. The subscriber must ensure that there are sufficient funds in the account, details of which is to be provided to All Africa Interactive, for debit order and credit card payments, or that other forms of payment are provided
timorously. Failure to comply with this will result in the suspension of services and/or the levying of interest and/or clean-up charges by All Africa Interactive.
3.5. All Africa Interactive reserves the right to increase its prices upon reasonable notice. Failure by the subscriber to terminate this agreement within 30 days of such notice shall constitute acceptance of the new charges.
3.6. Traffic Charges: Where All Africa Interactive deems the bandwidth usage by the subscriber to be abusive or unreasonable for the level of service purchased, or the bandwidth usage threatens the quality of service to other users on the network, All Africa Interactive reserves the right to, at their sole discretion, limit the amount of bandwidth or request that the subscriber upgrades to a solution with the relevant charges for higher bandwidth requirements.
4. Termination of Agreement
4.1. Either party may terminate this agreement after the initial period by providing written notice of termination to the other, 1 calendar month prior to cancellation of services.
4.2. Neither party shall be liable for the consequences of an occurrence of any event beyond its reasonable control.
4.3. Termination of the agreement does not release the subscriber from paying any fees, which are due at the time of termination.
5.1. All Africa Interactive make no warranties or representations of any kind, whether express or implied as to the service it is providing.
5.2. Use of any information obtained through All Africa Interactive and its representatives is at the subscriber’s own risk.
5.3. Any reference to connection speed and bandwidth is subject to the availability of end to end bandwidth on all the relevant networks and no guarantees or warranties are provided by Popular Demand Technologies in this regard.
6. Subscriber’s Obligations
6.1. The subscriber shall comply strictly with all restrictions imposed on computer networks through which any information and/or data transmitted by the subscriber passes.
6.2. The subscriber may not commit nor attempt to commit any act or omission which directly or indirectly in any way damages the technical infrastructure of All Africa Interactive or any part thereof, impairs or precludes All Africa Interactive from being able to provide the service in a reasonable and businesslike manner; constitutes an abuse or malicious misuse of the service; or is calculated to have the above-mentioned effect. In such an event, should All Africa Interactive incur expenses to remedy the situation All Africa Interactive reserves the right to charge the subscriber an amount that is necessary to cover any additional expenditure.
6.3. The subscriber is prohibited from allowing any other party access to the service through any of the subscriber’s equipment, personnel and/or address.
6.5. The subscriber may not at any time use the service in contravention of any South African law. In particular, the subscriber undertakes to familiarise itself and ensure that it is kept continuously appraised of all South African law in force from time to time which has any bearing on the service and/or its use.
7.1. All Africa Interactive will not be responsible for exercising control over the content of the material hosted on or passing through its network.
7.2. All Africa Interactive does not regulate or take any responsibility for the content of the subscriber’s pages or for the security of the subscriber's login.
7.3. The subscriber agrees to indemnify All Africa Interactive against any action brought by a third party as a result of such material or information, or as a result of the subscriber's use in any way of the services provided by All Africa Interactive.
7.4. All Africa Interactive forbids the hosting of pornographic content. This includes, but is not limited to web sites and banners for web sites including hard and soft-core pornography and distribution of adult web site passwords.
7.5. All Africa Interactive forbid the hosting of content, which promotes racism, sexism, and the superiority of any nationality over another, or any other hatred messages.
7.6. The subscriber agrees not to store Game-emulators or ROMs within their account. These emulators/ROMS commonly violate copyright law and therefore are not allowed at All Africa Interactive. Any emulator(s), or programs that will allow you to play certain ROMs for a specific game console or computer or ROM(s), (read only memory) game cartridges in binary format are prohibited.
7.7. IRC Bots, or any other automation programs written in C, Perl or IRC-script used specifically in conjunction with IRC are not allowed.
7.8. The subscriber agrees to accept responsibility for programs executed under his/her account, regardless of who authored the program. Programs provided by All Africa Interactive as an installable feature are not exempt from this policy. While every efforts is made on All Africa Interactive’s end to ensure the program it provides are efficient, problems with excessive usage on particular programs may occur.
7.9. The subscriber grants All Africa Interactive the right to advertise the subscriber’s trademarks and service marks in conjunction with All Africa Interactive’s service.
7.10. The subscriber agrees not to modify any copyright notices in features provided by All Africa Interactive. Modification of scripts provided by All Africa Interactive without written permission is strictly prohibited.
8. Internet Etiquette
8.1. Spamming and the sending of unsolicited e-mail, regardless of size or volume, to persons the sender does not know or have prior consent to send the message to, is forbidden.
8.2. Using fictitious e-mail addresses or misrepresentation of any kind is strictly forbidden.
8.3. All Africa Interactive allows subscribers to send mailings to subscribers of their own mailing list. Such mailings must have explicit instructions to the recipient on how to remove his/her name from the list, and all requests to do so must be honoured immediately.
8.4. Due to the consumption of system resources and overloading of the e-mail server, All Africa Interactive forbid the use of the Gossamer Links program by any subscriber.
8.5. Trolling, the posting of outrageous messages to generate numerous responses, is also not allowed. Mail-bombing, the sending of multiple messages without significant new content to the same user and/or subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system is strictly forbidden.
8.6. All Africa Interactive reserve the right to determine what constitutes abuse of this policy. Subscribers whose accounts are found in violation of this policy may, at the discretion of Popular Demand Technologies, have their account(s) terminated without notice and are subject to a maximum clean-up/disconnection fee.
9. Exclusion of Liability
9.1. All Africa Interactive and its servants or agents shall not be liable to the subscriber or any third party for any loss or damage of whatsoever nature and/or howsoever arising (including consequential or incidental loss or damage which shall include but shall not be limited to loss to property or of profit, business, goodwill, revenue or anticipated savings) or for any costs, claims or demands of any nature whether asserted against All Africa Interactive or against the subscriber by any party arising directly or indirectly out of the service, its use, access, withdrawal or its suspension or out of any information or materials provided or not provided, as the case may be, by or from it or their use.
9.2. Because of the need to conduct maintenance, repair and/or improvement work from time to time on the technical infrastructure by means of which the service is provided, the provision of the service may be suspended from time to time without notice by Popular Demand Technologies. All liability on the part of All Africa Interactive of any loss or damage (whether directly or consequential) thereby incurred or for any costs, claims or demands of any nature arising there from, is excluded.
10.1. Any specifications, descriptive matter, drawings and other documents which may be furnished by All Africa Interactive to the subscriber from time to time do not form part of this agreement and may not be relied upon, unless they are agreed in writing by both parties hereto to form part of this agreement and shall remain the property of All Africa Interactive and shall be deemed to have been imparted by it in trust to the subscriber for the sole use of the subscriber.
10.2. The clause headings contained herein are for reference purposes only and shall not be used in the interpretation of this agreement. Words importing any one gender include the other two genders, the singular includes the plural and vice versa, and natural persons include created entities (corporate or unincorporated) and vice versa.
11. No cession
Either party shall not be entitled to cede or assign any rights and/or obligations which it may have in terms of this agreement to any third party, and in particular, without derogating from the generality of the a foregoing, the subscriber may not cede to any third party the right of use of the address assigned to it by All Africa Interactive unless agreed in writing which may not be unreasonably withheld.
12. Liabilities of partners/signatories
13.1. If the subscriber is a partnership, then each of the individual partners of the subscriber shall be bound as a partnership as well as in their individual capacities jointly and severally for all the subscriber’s obligations, notwithstanding that only one partner may have signed on behalf of the subscriber.
14. Magistrates’ court jurisdiction
For the purpose of all or any proceedings hereunder the parties consent to the jurisdiction of the magistrates’ court having territorial jurisdiction, notwithstanding that such proceedings are otherwise beyond its jurisdiction. This clause shall be deemed to constitute the required written consent conferring jurisdiction upon the said court pursuant to section 45 of the Magistrates’ Court Act, 1944, provided, nevertheless, that any party shall have the right at its sole option and discretion to institute proceedings in any other competent court.
15. Right to amend this policy
All Africa Interactive reserves the right to amend these conditions at any time and without notice. All amendments to these conditions will be posted on our website ("the current version"). Unless otherwise stated the current version shall supersede and replace all the previous versions of the conditions.