The Legal Stuff

Terms of service

Introduction

This website is owned and operated by MKPN Group (Pty) Ltd. Throughout the site, the terms “we”, “us” and “our” refer to MKPN Group (Pty) Ltd. We offer this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing a product or service from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Domain Registration

We registers domains on the Internet through the relevant governing bodies and host websites and related material on various shared servers on behalf of customers. These terms and conditions apply to the use and registration of domain names and the web hosting services offered by us.

Domain Name Registration

A free .co.za domain name is offered to customers signing up for a web hosting package. After the first year, your domain will be renewed at a R200 fee. The renewal fee will be added to your monthly hosting fee on the month of renewal.

If a shared hosting package is cancelled within 6 months, the customer is liable to pay  R200 for his or her free domain. 

Free domain names are not inclusive of premium domain names.

Free domains are subject to availability.

Should the Customer have paid for a domain which is unavailable or is a premium domain / marked / reflected as premium, the Customer will be given the opportunity to pay the premium domain name fee, select a different domain name or a refund of the price paid will be given to the customer.

Refunds may only be provided by EFT to South African bank accounts.

Domain Name Registration

Fees payable for domain registration and renewal costs are non-refundable. We accept no responsibility for any typing errors (spelling mistakes) you make when ordering a domain name with us or upon selection of your free domain. Once a domain name has passed its expiry date there is no guarantee that we are able to renew the domain, additional charges might apply in these cases.

Cancellation

If you wish to cancel your services, you must notify us at least thirty (30) business days prior to your renewal date (i.e. before you receive the renewal invoice). If your notice of cancellation is not received within this time frame, you will be liable for payment of the proceeding installment period and hereby agree to complete payment as invoiced accordingly. You may make a cancellation request by sending an email to cancel@trexdigital.co.za

Disclaimers and Limitation of Liability

You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services.

We disclaim any and all loss or liability resulting from, but not limited to:

  • loss or liability resulting from access delays or access interruptions;
  • loss or liability resulting from data non-delivery or data misdelivery;
  • loss or liability resulting from acts of God;
  • loss or liability resulting from the unauthorized use or misuse of your account identifier or password;
  • loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this Agreement;
  • loss or liability resulting from the interruption of your Service.

You agree that we will not be liable for any loss of registration and use of your domain name, or for 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, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.

Subject always to the provisions of the CPA, to the extent that it is applicable, our 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. We expressly disclaim any representation or warranty that our services will be error-free, secure or uninterrupted.

No oral advice or written information given by us, our employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice as if it were a warranty. 

We will use our best efforts to maintain a full-time Internet presence for the Account Holder. You hereby acknowledge that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error.

The terms of this Section will survive any termination of this Agreement.

Hosting services

We reserve the right to suggest suitable alternatives to the customer and/or charge for excessive traffic as we deem necessary at our sole discretion.

We reserve the right to suggest suitable alternatives to the customer for excessive Web Server Processor usage as we deem necessary at our sole discretion.

We reserve the right to move a website between web servers and internet backbones, both within South Africa and internationally as we deem necessary.

We reserve the right (but do not assume any obligation) to inspect the contents of data that the customer transmits, receives or stores on our server(s) or those of our contractors to ensure compliance with this Agreement or any applicable laws regulations or codes of practice.

Responsibility for content and Account Holder indemnities

You agree to indemnify and hold MKPN Group (Pty) Ltd harmless from any and all Claims resulting from or connected with any activities conducted by you. You and MKPN Group (Pty) Ltd will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement.

You agree not to store, transmit, link to, advertise or make available any images containing pornography through the Virtual Web Hosting service. We reserve the right to refuse service if any of the content within, or any links from, your website is deemed illegal, misleading, or obscene, or is otherwise in breach of these terms or our then current Acceptable Use Policy, in the sole and absolute opinion of MKPN Group (Pty) Ltd.

We will not change passwords to any account without proof of identification, which is satisfactory to us, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes you, you understand that we will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will we be liable for any losses incurred by you during this time of determination of ownership, or otherwise. You agree to indemnify and hold harmless MKPN Group (Pty) Ltd from any and all Claims arising from such ownership disputes.

You agree to indemnify and hold harmless MKPN Group (Pty) Ltd and any other Account Holder from any and all Claims resulting from your use of the services provided by us. The terms of this Section will survive any termination of this Agreement.

You agree not to harm MKPN Group (Pty) Ltd, its reputation, computer systems, programming and/or other persons using our services.

The terms of this Section will survive any termination of this Agreement.

General

Should customer breach of any of the terms and conditions contained herein, including but not specifically limited to the payment terms, MKPN Group (Pty Ltd) has the right (solely at our discretion) to immediately demand payment of the full amount owing and demand compliance forthwith with all the terms and conditions, alternatively to terminate the agreement and services forthwith, in either instance without in any way derogating from any common law, contractual and or delictual rights which we may have.

You agree to comply with these Terms and Policies. Any violation of either, these Terms and Policies or the other rules, regulations or policies noted above may serve as cause for us to suspend or terminate your account. You agree that we have the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following:

  • Using the Service in a way, which constitutes the violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law)
  • Illegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted material, violation of export restrictions, harassment, fraud, trafficking in obscene material, child sexual abuse imagery, drug dealing, and other illegal activities.
  • Our services and servers may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes a legal threat or violates export control laws. Examples of unacceptable content or links: “Pirated software”, “Hackers programs or archives”, “Warez Sites”, “Irc Bots”, “Illegal Mp3’s” etc.

Examples of unacceptable content or links:

  1. Pirated software
  2. Hacker programs or archives
  3. Fraudulent activities
  4. Adult sites
  5. Warez sites
  • Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending bulk spam (both solicited & unsolicited); this is grounds for suspension or termination and is separate from and in addition to the fees which will result from such activity. You agree to pay a cleanup fee of R500 per hour if any of our server IP addresses appear on a blacklist as a result of spam from your account.
  • We prohibit the use of the shared web hosting service disk space to be utilised for purposes other than its intended function: content hosting, personal and small enterprise email and relevant web files.
  • Using your hosting as a file or image hosting service.
  • Storing or running back-door shells, mass mailing scripts, proxy servers, web spiders, phishing content, or peer-to-peer software.
  • Storing malicious content, such as malware or links to malware.
  • Due to the nature of a shared web hosting environment, we reserve the right to ask customers to upgrade or correct issues pertaining to upgrade their shared web hosting package, or to correct issues on their shared web hosting package, should it adversely affect the network or server performance for the majority of our hosting customers.
  • Using the Service in an attempt to break security, or so as to actually break security of any computer network (including the Service itself), or to access an account, message, or file which does not belong to you.
  • Using your account as a backup service. All files must be part of your website and must be linked to from your account. 
  • Using the Service in such a way as to forge or misrepresent headers, addresses, or other identification in electronic mail or websites, or using any other method to disguise the sender’s identity or location. This includes the hosting of Proxy Server applications.
  • Assisting in or directly distributing copyrighted material.
  • Excessively using the Service in such a way as to limit the bandwidth available to others.
  • Providing fake or incomplete contact details, including name, postal address and telephone number.
  • Using the Service to operate server programs, including, but not limited to mail servers, IRC servers, game servers, FTP servers, Web servers, or streaming audio/video servers.
  • Using the Service for unauthorised relays through any third party systems.
  • Attempting, in any way, to interfere with or deny service to any user or any host on the Internet.
  • Performing a chargeback on any transactions past or present will result in account suspension until resolved. If a chargeback is issued we reserve the right to remove your account and deny any future business.
  • Using the Service for mail bombing, which includes any instance where multiple messages are sent to a specific destination with the intent to render the recipient and/or the electronic system serving that recipient dysfunctional.
  • Using the Service to add or attempt to add addresses to any mailing list (yours or a third party’s) without the explicit positive consent of the addressee(s).
  • Attempting to cancel, supersede, or otherwise interfere with email other than your own.
  • Engaging in harassment, whether through language, frequency, or size of messages, either with email or website content.
  • Using the Service to engage in syn flood attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effective impedes or totally disables the functionality of the recipient system(s) or any other methods of denial-of-service attacks.
  • Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information.
  • No bill credit will be given for a period of suspension. In the event of termination of your use of the Service under this section, We may at our sole discretion retain any or all amounts you have paid for use of the Service as liquidated damages for your actions.
  • Security – You agree not to access or attempt to access private areas of the Service. You agree to notify us as soon as you become aware of any unauthorized use of your account and/or any breach or attempted breach of security on the Service.
  • Continuing a specific identification of the allegedly infringing material and the location(s) on our facilities where the materials are to be found. Upon receipt of such written notice, we will expeditiously remove or block access to the allegedly infringing material, and provide notice to the person who had posted that material. If we receive a notification from that person indicating that the claim of infringement was based upon mistake or misidentification, we will send you a copy of that notification. Unless you notify us of appropriate court action to restrain the alleged infringement, the challenged material will then be restored or otherwise made accessible again.

You understand and agree that you have sole responsibility for your posting of any information or material to any site or newsgroup on the Internet, including but not limited to postings to Web sites, whether residing on MKPN Group (Pty) Ltd equipment or not, postings to newsgroups, and participation in any on-line chat sessions. You agree to indemnify and hold harmless MKPN Group (Pty Ltd) and its employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your postings.

You agree that, should you use the Service to send or receive voice communications, we are not acting as a telecommunications carrier or telephone , that there is no representation made by us as to the suitability of the Service for such use, and that all risk of connection, transmission quality, and accuracy of communications is solely on you, and that we have no liability of any sort for the failure or lack of quality of such use of the Service.

You agree to be liable for any damages or loss of service which results in damages to our website, infrastructure or business as a result of any spamming or other violations of these Terms Of Service. These damages include, but are not limited to, system shutdowns, retaliatory attacks or data flooding, and loss of peering arrangements. You agree that we may pursue any such claims against you in Court.

You agree to be liable for any damages resulting from any fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; the impersonation of another client without their consent; or any attempt to enter into a transaction with us on behalf of another client without their consent.

You agree that in no event will MKPN Group(Pty) Ltd, it’s affiliates, partners or employees have any financial liability to you

Billing

We will provide you with a bill or invoice on request or where this is specified as part of the services provided to you.

Accounts are due on invoice presentation date (“Due Date”) shown on all invoices received from us, unless agreed otherwise. We retain the right to impose, subject to a notice period of 7 business days, a credit limit on any of our customers as and when it sees fit. 

Our products and services are not pro-rated 

We will provide a service to you, as chosen by you, for the period of time (“the Term”) corresponding with the payment plan specific to you or as otherwise specified in the product terms and conditions relating to the particular product or service supplied by us. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated.

In the event of non-payment of an invoice by the stipulated Due Date, without prejudice to any other rights that we have in terms of this Agreement or in law, we reserve the right to hold you liable for the total amount due pursuant to such invoice.

We may stop the supply of new services to you and/or terminate current services held by you if payment of any invoice is not made by the Due Date, or if an application for business rescue proceedings or liquidation is filed by or against the customer, or if the customer goes out of business or announces the intention to do so.

If the supply of new services is stopped or the existing services are terminated, the full outstanding balance becomes due and payable immediately.

If you pay the amount due in full, you may have your existing services re-activated and also purchase new services.

If you neglect to pay the amount due in full, we will submit the full delinquent amount for Collections. In the event of the account being handed over to an outside collection agency, any costs incurred as such will be for your account.

In the event of suspension due to non-payment, we reserve the right to place a “non-payment” page on your domain. Furthermore, the DNS of your domain will remain unchanged until full payment for the outstanding balance on your account has been received.

If the preferred method of payment used by you is EFT, it will be your sole responsibility to ensure your payments are made using the correct beneficiary reference as indicated on all invoicing. Failure to comply may result in an incorrect allocation of your payment which may cause service disruption as a result of the account being suspended due to non-payment.

 

Promotions

Free Website Promotion

A free 3-page website will be developed for the client when the client signs up and activates a Pro Hosting package.

The website will be developed using the specific 3-page template developed solely for this promotion and not the standard 3-page website template (Basic Website) offered in our website templates.

Should the hosting service be cancelled within 12 months of activation, the client will be charged an admin fee of R450. All domains will only be released to the client once the admin fee has been paid.

This Promotion is valid until further notice