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WAYNES CO (PTY) LTD

TERMS OF SERVICE

The latest version of our Terms of Service will always be made readily available on our website, and may be updated from time to time without prior notification. It remains YOUR responsibility to familiarize yourself with the Terms of Service and its updates. Communication will be sent to all clients registered on our Opulence Business Manager Portal to advise of changes affected hereto.

  1. WHO IS WAYNES CO (PTY) LTD?

What we offer

What we do not offer

路聽聽聽聽聽聽聽聽 A platform for clients and service providers to engage, transact and provide services within our framework and guidelines

路聽聽聽聽聽聽聽聽 Direct service and support. All service and support are provided and managed through our Digital Support Agent Program

路聽聽聽聽聽聽聽聽 Predesign websites

路聽聽聽聽聽聽聽聽 Transferring in of other websites. Your website can however be rebuilt on our platform

路聽聽聽聽聽聽聽聽 Custom design websites

路聽聽聽聽聽聽聽聽 Graphics Design. All graphics are outsourced to clients and/or business partners within our network

路聽聽聽聽聽聽聽聽 Website hosting, maintenance and support

路聽聽聽聽聽聽聽聽 IT support. This is an outsourced service and may be billed per hour, dependant on the service required

路聽聽聽聽聽聽聽聽 VOIP services

路聽聽聽聽聽聽聽聽 Fibre and/or Wi-Fi installation. We may, from time to time, outsource Wi-Fi installation at an additional cost to the client

路聽聽聽聽聽聽聽聽 Office automation

路聽聽聽聽聽聽聽聽 Any other IT services outside of the office automation scope

路聽聽聽聽聽聽聽聽 Predesign logo

路聽聽聽聽聽聽聽聽 Custom logo design.聽 This is an outsourced function provided to clients and/or business partners within our network, and may be charged at an additional rate

路聽聽聽聽聽聽聽聽 Activation of plugins to enhance functionality

路聽聽聽聽聽聽聽聽 Websites cannot be transferred out to other service providers or hosting platforms

  1. INTELLECTUAL PROPERTY RIGHTS

Material accessible to you through Waynes.co鈥檚 services may be subject to protection under the South African or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use Waynes.Co or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the Waynes.Co network. If YOU use a domain name in connection with Waynes.Co or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

  1. WHAT IS THE APPROPRIATE USAGE?

Waynes.Co is designed to serve the web hosting needs of small, independently owned and operated businesses across countries. It is notable however that it may not be appropriate to use our services to support large enterprises or internationally based businesses with a sustained demand that places undue burden on our systems or negatively impacts use by small, independently owned and operated businesses. Waynes.Co is a shared web hosting service, which means that a number of customers鈥 websites and other email or storage services are hosted from the same server. Waynes.Co uses abuse controls to help ensure that use of our services does not adversely affect the performance of our system or other customers鈥 sites. It is not appropriate to use an account primarily as an online storage space or for archiving electronic files.

  • DISK SPACE:

If you use our services consistently with the Terms of Service and these paragraphs, your site can grow as large as necessary to meet your small business needs, but to ensure a great experience for all, we will place some constraints on how fast you can grow. The vast majority of our customers鈥 sites grow at rates well within our rules, but our abuse controls may cause a brief delay while we evaluate if expansion is appropriate.

  • DATA TRANSFER:

In most cases, if you use our services consistently with the Terms of Service and these paragraphs, visitors to your web site will be able to download and view as much content from your site as they like. However, in certain circumstances, our server processing power, server memory, or abuse controls could limit downloads from your site. You can also upload as much as content as you like each month, subject only to the Terms of Service and the rules that control how fast your site can grow (see above). Please see rules around transferring of information upon cancellation of services in paragraph 24.

 

  • EMAIL STORAGE:

Waynes Co (PYT) Ltd makes use of POP3 email accounts. You do not have to worry about hitting a storage limit if you use our services consistently with the Terms of Service and these paragraphs. Waynes.Co will increase your space along with your appropriate small business needs, but our abuse controls may impact the rate of growth or your folder size, and there may be a short delay while we assess your usage. In some cases, creating additional folders or subfolders will help ensure that the system works well for everyone. Should a client wish to make use of IMAP accounts, it is important to note that this may come at an additional storage expense to the client, dependant on the usage and size of emails sent and received.

 

  • ACCEPTABLE USE POLICY & TERMS OF SERVICE:

The following is the entire Acceptable User Policy (鈥淎UP鈥) agreement between Waynes.Co and the personal or corporate account holder. Waynes.Co provides World Wide Web Hosting, Marketing, Design and Development. Waynes.Co has certain legal and ethical responsibilities relating to the use of its servers and equipment involved in these services. Waynes.Co general policy is to act as a provider of Internet presence. Waynes.Co reserves the rights to suspend or cancel a customer鈥檚 access to any or all services provided by Waynes.Co when we decide that the account has been inappropriately used, without prior notification of such cancellation. All data would be lost, should this occur.

IMPORTANT NOTE 鈥 Waynes.Co has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below. You may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are not limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else reasonably determined by Waynes.Co to be unacceptable use of our services including abuse of server resources.

 

  1. WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS

All web applications that are out of-date and actively being exploited will be shut down immediately without prior notice. The client remains responsible for and should evaluate his/her web-based applications and scripts on a regular basis to ensure their security and orderliness. Shared hosting accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18- years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.

 

  1. ABUSE
    • STORAGE SPACE ABUSE

Waynes.Co will not tolerate any form of storage space abuse. At least 90% of your web pages (鈥淗TML鈥) must be 鈥榣inked鈥 with files (GIF, JPEG, etc.) stored on Waynes.Co servers. Website that are found to contain either/or no HTML documents, a large number of unlinked files are subject to files deletion or account cancelation at the discretion of Waynes.Co Management (鈥淢ANAGEMENT鈥), with or without prior notice. If you do not qualify for the free service, disk space will go unmonitored until you reach the amount allocated to your specific web hosting plan (鈥淧LAN鈥). Thereafter, normal website data storage costs at R7 per 1MB per month will be billed to your account. You will have 3 days to pay for your overages. Failure to do so will result in your website being disabled within 3 days of your first notice. This does not apply to co-location clients. Co-location clients will be billed for the overages based on switch reports. Co-location clients must pay for the overages IMMEDIATELY once billing or Waynes.Co has the sole decision to deactivate any and all servers. Waynes.Co will be the sole arbiter as to what constitutes a violation of this provision.

 

  • BANDWIDTH ABUSE

The intention of Waynes.Co is to provide a large bandwidth to transfer web documents, and not an offsite storage area for electronic files. If the client violates this condition, the client will be notified and given 48 hours to remedy the problem. Failure to do so will result in the client being billed for the overages. If the client does not qualify for the free service, traffic will go unmonitored until the client reaches the amount of quota allocated to his/her specific PLAN. Thereafter, normal data transfer cost of R110.00 per 1GB per month will be billed to the client鈥檚 account. The client will have 3 days to pay for overages. Failure to do so will result in the client鈥檚 website being disabled within 3 days of the first notice. This does not apply to co-location clients. Co-location clients will be billed for the overages based on switch reports. Co-location clients must pay for the overages IMMEDIATELY once billing or Waynes.Co has the sole decision to deactivate any and all servers. Waynes.Co will be the sole arbiter as to what constitutes a violation of this provision.

 

  • SERVER ABUSE

Any attempt to undermine or cause harm to a server or customer of Waynes.Co is strictly prohibited. Waynes.Co will strongly react to any use or attempted use of an Internet account or computer without the owner鈥檚 authorization. Such attempts include 鈥淚nternet scamming鈥 (tricking other people into releasing their passwords), password theft, security hole scanning, etc. Any unauthorized use of accounts or computers by the client, whether or not the attacked account or computer belongs to Waynes.Co, will result in action against such client. Possible actions include warnings, account suspension or cancelation, as well as civil or criminal legal action, depending on the seriousness of the attack.

  • SMTP MAIL SERVER ABUSE

We do not allow YOU to send outbound mail to more than 20 recipients at any one given time and/or more than 1,000 pieces of e-mail per day from a shared hosting account with a maximum file size of 20MB per email message. If YOU violate Waynes.Co policies persistently in email activities, YOUR account will be suspended and deleted.

  1. UNSOLICITED EMAIL & SPAMMING

Unsolicited commercial advertisements (鈥淪PAM鈥) are not allowed in e-mail, and will likely result in account cancelation. Waynes.Co takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, we will charge the client up to R250 per unsolicited email message sent and delete the client鈥檚 account with any prior notice. The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers 鈥 any domain sending stealth spam will be terminated without warning and without refund.

 

Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account (鈥渕ail bombing鈥); Spamming Newsgroups: Commercial advertisements are unwelcomed in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancelation. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcomed message may be considered harassment. If a recipient asks to stop receiving e-mail, YOU must not send that person any further messages. NOTE 鈥 If YOU use the services of another provider to promote a website hosted by or through Waynes.Co (鈥渟pamvertising鈥), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.

 

99% UPTIME GUARANTEE

(1.) COVERAGE 鈥 This 99% uptime guarantee applies to any Customer in good financial standing with Waynes.Co at the time of a service outage.

 

(2.) SERVICE LEVEL AGREEMENT (鈥淪LA鈥) & SPECIFICATIONS -Waynes.Co endeavours to have the content of the client鈥檚 website available for http access by any party in the world 99% of the time. Network downtime (鈥渦navailability鈥) is defined as 100% packet loss from Waynes.Co to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via Waynes.Co鈥檚 online ticketing system, Opulence Manager. If the ticketing system itself is unreachable, the ticket must be started by calling the Waynes.Co Digital Support Agent (鈥淒SA鈥). Waynes.Co鈥檚 DSA鈥檚 will determine the end of the downtime by a traceroute to YOUR machine from outside the Waynes.Co network.

 

(3a.) SHARED HOSTING CREDITS 鈥 In the event that YOUR website is unavailable for less than 100%, Waynes.Co will credit the following month鈥檚 service fee as follows. YOUR credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 50% of the monthly service charge for the affected month. Monthly Uptime Credit: 鈥 95% to 99.9% 鈥 YOUR account will be credited 10% of your monthly hosting fee 鈥 90% to 94.9% 鈥 YOUR account will be credited 20% of your monthly hosting fee 鈥 89.9% or below 鈥 YOUR account will be credited 50% of your monthly hosting fee. Please contact accounts@waynes.co to ensure that your credit is processed within 7 days from resolving your downtime query.

 

(3b.) MANAGE DEDICATED SERVERS 鈥 For managed dedicated server Customers, if the uptime is between 98.9% and 99.9% for any particular month, credit shall be retroactive and equivalent to the difference between the guaranteed level of availability of the Customer鈥檚 services during the month and the calculated actual level of availability of the Customer鈥檚 services, multiplied by the actual charges incurred by YOU for the services during that monthly period. In addition, for managed dedicated servers, YOU may be entitled to additional credits as calculated below measured 24-hours a day in a calendar month, with the maximum credit not to exceeding 25% of the monthly service charge for the affected month. In order for YOU to receive a credit on YOUR account, YOU must request such credit within seven (7) days after YOU experienced the downtime. You must request credit by sending an email message to support@waynes.co. For security, the body of this message must contain YOUR account number, the dates and times of the unavailability of YOUR website, and such other customer identification requested by Waynes.Co. 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 of an outage.

 

(4.) RESTRICTIONS 鈥 Credit shall not be provided to YOU in the event that you have any outage resulting from: 鈥 scheduled maintenance as posted from time to time at Waynes.Co, 鈥 your behaviour or the performance or failure of your equipment, facilities or applications, 鈥 circumstances beyond Waynes.Co鈥檚 reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, 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, 鈥 YOU breaking any agreement policy in Waynes.Co鈥檚 鈥淭erms & Conditions and AUP鈥 causing a machine to fail as a result.

 

  1. TECHNICAL SUPPORT BOUNDARIES

Waynes.Co provides technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers within our immediate responsibility and any other hosting related issues. However, in under no circumstances is Waynes.Co neither obligated to help YOU in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by YOU previously. We will only provide assistance in making sure any EasyApps applications that are installed through the cPanel control panel interface are installed as directed.

  1. CGI SCRIPTS

Each shared web hosting account comes with its own CGI-BIN. YOU are free to use any CGI scripts YOU wish; however, we reserve the rights to disable any CGI script that effects normal shared server operation without prior notice. (this section does not apply to managed dedicated servers)

 

  1. CHAT ROOMS

We do not allow YOU to install YOUR own chat rooms within a shared hosting account, without approving it with Waynes.Co. This includes, but not limited to, chat applications written in PHP, Perl, CGI, Python, Ruby, etc. Any web application that provides 鈥榬eal-time鈥 chat is also not permitted. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, web-based forums such as vBulletin, phpBB or similar forum scripts are acceptable.

  1. FILE SERVER

Waynes.Co installed and provides special file-servers in our network infrastructure for YOUR benefit as a means of storage for electronic files and applications that are not dynamically generated and is downloadable in nature. Files such as MP3, AVI, MID, MIDI, MPG, MPEG, MOV, ZIP, RAR, EXE and anything else we deemed as downloadable and not dynamically generated scripting languages are to be stored within these file-servers, away from the webservers. This Policy does not apply for image files formats such as JPG, JPEG, GIF, PNG, and BMP. In addition, all electronic files stored within Waynes.Co鈥檚 file-servers must be legally owned and be accompanied with a valid license and/or copyright. This include and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within YOUR account, the files will be subjected to deletion without any prior/further notification. File-servers will not be backed up. YOU are advised to have YOUR own backup locally or elsewhere other than within the Waynes.Co鈥檚 servers. If YOU are found to not adhere to this Policy, the offending material(s) will be deleted from YOUR hosting account without any prior notice. This service is only available for Waynes.Co鈥檚 SHARED-HOSTING customers.

 

  1. BACKGROUND RUNNING PROGRAMS

We may allow programs to run continually in the background. These are considered on a one-to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed. (This section does not apply to managed dedicated servers). We currently do not allow IRC or IRC bots to be operated on our servers. IRC servers are not permitted on our network. YOU can however, install IRC clients on managed dedicated servers. The installation and/or execution of a script and/or binary that runs in the background or listens to any given port are also strictly prohibited.

 

  1. PAYMENT POLICIES

All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts as well as major account changes and are non-refundable. All pricing is guaranteed for the term of prepayment. Waynes.Co reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notify Waynes.Co to request for termination of services. All payment is in South African currency .Waynes.Co will bill each client R650 per returned check, per wire transfer received and per credit card charge back received. All Waynes.Co accounts are setup on anniversary billing cycles. YOUR particular billing cycle corresponds to the contract length that was initially chosen at setup. YOUR account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. However, if you wish to change to a shorter billing cycle during a current cycle, there will be a R150.00 administration fee. Please contact the billing department at accounts@waynes.co should you wish to change your anniversary billing cycle.

  1. CANCELATION OF SERVICE

Waynes.Co reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Waynes.Co if we institute our right of cancelation. Any violation of policies which results in extra costs will be billed to YOU (i.e. transfer, space etc.). All of Waynes.co鈥檚 PLANS are backed by a 30-day money back guarantee. If YOU are not completely satisfied with our services or support within the first 30 days, YOU will be given a full refund of the monthly amount excluding setup fees, domain registration fees, add-on/upgrade fees, web design fees and overages. Setup fees are refundable only if the account order is cancelled prior to account activation. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, domain registration fees, etc. For credit card payment, refunds will be made to a Payfast account made available by the Customer after the 120th day. Refund policy will not be made available to Customers using wire transfers. All account cancelations must be done via our CRM Business Portal from at YOUR account. Phone, WhatsApp or email requests will not constitute acceptance of any cancelation.

All services provided by Waynes Co (Pty) Ltd is provided on a month to month basis (unless otherwise specified), and may be cancelled at any time, with 30 days鈥 notice. You will be billed in full 1 last time, enjoy the service for 1 last month, and have the opportunity to collect all the required information from your account, should you need it. Please note that all information after a successful cancellation will be permanently deleted after 90 days from the date of cancellation. Such information cannot be retrieved after the 90 days have lapsed.

 

  1. PROMOTIONAL RATES & SPECIAL OFFERS

Waynes.Co may offer subsequent promotional rates or special offers, the terms of which may or may not be more favourable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not affect YOUR obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.

  1. NETWORK SECURITY

Customers may not use the Waynes.Co network in an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for YOU, logging into a server or account YOU are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization鈥檚 security policy. YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Waynes.Co will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

 

  1. ELECTRONIC COMMERCE

YOU will be solely responsible for the development, operation and maintenance of YOUR online store and products along with all content and materials appearing online or on YOUR products, including without limitation to: (a.) the accuracy and appropriateness of content and materials appearing within the store or related to YOUR products, (b.) ensuring that the content and materials appearing within the store or related to YOUR products do not violate or infringe upon the rights of any third party, and (c.) ensuring that the content and materials appearing within the store or related to YOUR products are not libellous or otherwise illegal. YOU will be solely responsible for the final calculation and application of shipping and sales tax. YOU will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from. YOU are also responsible for the security of any customer credit card numbers and related customer information YOU may access as a result of conducting electronic commerce transactions through YOUR website. YOU will keep all such information confidential and in line with the Protection of Personal Information Act (鈥淧OPI Act鈥) and will use the same degree of care and security as YOU use with your confidential information. YOU will also be allocated a Digital Support Agent will affect any and all changes YOU may require according to the Waynes Co (PTY) Ltd guidelines for digital support.

 

  1. STATIC & DYNAMIC CONTENT CACHING

YOU expressly (i) grant to Waynes.Co a license to cache the entirety of YOUR website, including content supplied by third parties, hosted by Waynes.Co under this Agreement and (ii) agree that such caching is not an infringement of any of YOUR intellectual property rights or any third party鈥檚 intellectual property rights.

 

  1. IP ADDRESS OWNERSHIP

Waynes.Co shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by Waynes.Co. Waynes.Co reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

 

  1. DOMAIN NAME REGISTRATION

YOU agree to pay Waynes.Co prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the Waynes.Co price schedule for the initial registration of the domain name and, should YOU choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if YOUR domain name registration is suspended, cancelled or transferred prior to the end of YOUR then current registration term. Waynes.Co reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from Waynes.Co to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Waynes.Co) in connection with the payments of the registration fee for YOUR domain name registration, YOU agree and acknowledge that the domain name registration shall be transferred to Waynes.Co as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Waynes.Co will reinstate YOUR domain name registration solely at Waynes.Co discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee. Transfer domain registrar to Waynes.Co YOU agree to pay Waynes.Co prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the Waynes.Co price schedule for the initial transfer request of the domain name. YOU agree that a transfer of the domain will only be possible once your full account is up to date with Waynes.Co, including any and all services provided to YOU by the Company. YOU agree and acknowledge that the domain name transfer will fail, and all fees are non-refundable, for the following reasons, but not limited to: 鈥 No response from the Registered Name Holder or Administrative Contact 鈥 Domain name in Registrar Lock Status 鈥 Domain name registration period time expires or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer Waynes.Co reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Transfer domain registrar away from Waynes.Co reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to: 鈥 No response from the Registered Name Holder or Administrative Contact 鈥 Domain name in Registrar Lock Status and there is no request from Registered Name Holder or Administrative Contact for the status change 鈥 Domain name registration period time will be expiring in less than 60 days or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer YOU agree and acknowledge that the failure or success of a domain name transfer will be his/her sole responsibility, and Waynes.Co will not be held liable for the failure of a domain name transfer for any reason.

 

  1. LAWFUL PURPOSE

Waynes.Co reserves the right to refuse service to anyone. YOU may only use Waynes.Co server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the South Africa, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: 鈥淧irated Warez鈥, OGG, AVI, MPEG, ISO, 鈥淗acker programs or archives鈥, 鈥淐opyrighted Digital Movie Copies (DIVX)鈥 and 鈥淯nlicensed MP3鈥. The designation of any materials as such described above is left entirely to the discretion of Waynes.Co management. If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that Waynes.Co may disclose any and all YOUR information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification. Regardless of the place of signing this agreement, YOU agree that for purposes of venue this contract is entered in Cape Town, South Africa, and any dispute will be litigated or arbitrated in Cape Town. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Cape Town courts.

IN NO EVENT SHALL WAYNES.CO鈥橲 MAXIMUM LIABILITY EXCEED FIVE THOUSAND (R5000.00) RANDS.

 

  1. INDEMNIFICATION

YOU AGREE THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD THE COMPANY HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY鈥橲 FEES ASSERTED AGAINST WAYNES.CO, 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 YOU, YOUR AGENTS, EMPLOYEES OR ASSIGNS. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS WAYNES.CO AGAINST LIABILITIES ARISING OUT OF: (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH WAYNES.CO鈥橲 SERVER. (2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY (3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM HOST鈥橲 SERVER.

 

  1. DISCLAIMER

WAYNES.CO WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. WAYNES.CO MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. WAYNES.CO DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY WAYNES.CO AND ITS EMPLOYEES. WAYNES.CO RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF WAYNES.CO MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT CANCELLATION.

 

  1. SUSPENSION OF SERVICES

Suspension of services is based on the client鈥檚 overall account status, i.e. being paid for and up to date. Please note that this does not apply to individual services, but as the total service offering as a whole, regardless if the services where activated on different occasions. For example; should a client have 3 services active, and fails to pay for 1, the account will be suspended, resulting in the suspension of all 3 services until such time the account it brought up to date.

 

  1. TRANSFER OF WEBSITES

All pre-design websites are non-transferrable, without exception. Pre-designed websites have been designed with active and paid plugins and functionality, and is offered to the end-user at no additional cost. Due to the cost absorbed by Waynes.co, the website will not be transferable as compromise for cost effective solution enjoyed by the client.

 

Custom designed websites include paid for plugins and functionality and is therefore transferrable. The client has purchased the plugin, and therefore is permitted to transfer the website, where the need may arise.

 

 

  1. SERVICE AGREEMENT GUIDELINES

Waynes.co will endeavour to provide quick and efficient service at all times, striving to complete tasks as efficiently and as practicably possible. Please note, any and all requests will be completed within 48 hours, unless otherwise specified with valid reason. Our Digital Support Agents are allocated multiple clients to provide dedicated support to, and therefore process the requests on a 鈥渇irst in first out鈥 system. Below is a guideline on what to expect for services rendered.

 

 

 

Example/Guideline of the Life Cycle with Waynes Co (Pty) Ltd;

 

Interaction

Comments

Cost

Turnaround time

Setup and configuration

Subject to domain availability.

R450

once-off

4 hours

Website design

Client is to provide ALL info prior to start of the design process

FREE

Promotional offer

7-10 business days

Additional Changes

Changes requested after initial sign off of the website

R70

Per hour

24-48 hours

Addition of email account(s)

 

FREE

24-48 hours

Google My Business

Interaction from third party my impact on turnaround time

R150

3-4 business days + 48 hours to set up

Email support

Emails are worked systematically from the queue

FREE

24 hours

Digital Support Agents

All our Digital Support Agents operate under strict Waynes.co policies

Refunds

Pending finance approval and subject to T&C鈥檚

FREE

72 hours + additional times as governed by banks

 

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