Terms and Conditions

 

 

The purpose of these terms is to protect both you and ourselves. It's our best attempt to clear up any issues that may cause problems later.

If you have any questions regarding these terms please email us at Support and we will clarify the situation for you!

We have tried to include everything that we think is appropriate here. Occasionally there are some things that we add to this page. Please be sure to visit this page on a regular basis if you wish to see the latest Terms of service.

GTS Designs registers domains on the internet through the relevant governing bodies and hosts websites and related material on behalf of Applicants (hereafter referred to as "Applicant"). These terms and conditions apply to the use and registration of domain names and the web hosting services offered by GTS Designs.

The Domain Name / Hosting Applicant hereby:

  1. Acknowledges that GTS Designs has not and does not conduct pre-registrability searches in respect of the Applicants use and registration of its selected Domain Name/s and is therefore not obliged to either advise the Domain Name Applicant about possible conflicting third party rights or to take steps to ensure against possible disputes concerning a third party's intellectual property or other rights; and
       
  2. Confirms that the use or registration of the Domain Name by Applicant does not interfere with nor infringe the rights of any third party in any jurisdiction with respect to trademark, service mark, tradename, company name, close corporation name, copyright nor any other intellectual property right, and that Applicant has the right to use the Domain Name as requested;
     
  3. Acknowledges and agrees that GTS Designs cannot act as an arbiter of disputes arising out of the registration and use of Domain Names. At the same time, Applicant acknowledges that GTS Designs may be presented with evidence that a Domain Name registered by Applicant violates the rights of a third party. In such instance GTS Designs shall be allowed to provide a complainant with Applicant's name and address and all further communication will exclude GTS Designs and GTS Designs will have no further obligations to the Applicant. In such instance Applicant shall be entitled to continue using the Domain Name registered for Applicant by GTS Designs until a court directs otherwise.
     
  4. Acknowledges that GTS Designs will not be liable for any loss of use, 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, delict, or otherwise which may be suffered as a result of or which may be attributable, directly or indirectly, to the use and/or registration of the Applicant’s selected domain names/s.
     
  5. Accordingly indemnifies GTS Designs against any loss whatsoever arising from any dispute or claim occasioned by the Applicant’s use and registration of its selected Domain Name, even if GTS Designs has been advised of the possibility of such damages.
     
  6. Initial Set-up fees are non-refundable. Domain Name Registration fees constitute a once-off payment subject to anual renewal charges.
     
  7. GTS Designs will exercise no control whatsoever over the content of the material hosted on, or the information passing through the GTS Designs network.
     
  8. GTS Designs makes no warranties or representations of any kind, whether express or implied as to the service it is providing. GTS Designs also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the Applicant, including loss of data resulting from delays, non-deliveries or service interruptions or from any cause whatsoever, or errors or omissions on the part of the Applicant. Use of any information obtained through GTS Designs is at the Applicant's own risk, and GTS Designs specifically denies any responsibility for the accuracy or quality of information obtained through its services. Any reference to Connection speed represents the speed of a connection to, and does not represent guarantees of available end to end bandwidth.
     
  9. Your use of our service is at your sole risk. GTS Designs is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on the GTS Designs web servers.
     
  10. GTS Designs expressly limits its damages to the Applicant for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. GTS Designs specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
     
  11. Applicant expressly agrees that use of GTS Designs' Server(s) and Services are at Applicant's sole risk. Neither GTS Designs, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that GTS Designss Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the GTS Designs Server service, unless otherwise expressly stated in this Agreement.
     
  12. GTS Designs does not host any materials which are deemed to be offensive or illegal. This includes pirated software, adult / sex-related sites, pornography and sex-related merchandising, violations of copyrights, 419 Scams, Hacker programs or archives, Warez sites, IRC servers, IRC bots and Hate propaganda. GTS Designs will not host websites offering a technology, product, service, device, component or part thereof that is designed to circumvent a technological measure that protects the right of a copyright owner i.e. ModChips.
     
  13. GTS Designs reserves the right to host any materials and may, at its option and at any time, reject this material, including but not limited to any time after it has been put on GTS Designs' server(s). GTS Designs agrees to notify Applicant immediately of its refusal of the material and afford Applicant the opportunity to amend or modify the material to satisfy the needs and/or requirements of GTS Designs. If the Applicant fails to modify the material, as directed by GTS Designs, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.
     
  14. Individual mail sent to the applicant's Pop3 box or forwarded to the applicant's existing email address may be limited to 3000k in size each.
     
  15. Applicant or its Agent certifies that he/she is above the age of 18 years, has full contractual capacity and is duly authorised by the Applicant to contract on Applicant's behalf.
     
  16. A cancellation request in respect of any Domain registration or Web Hosting service must be completed in writing, one calendar month (30 days) before the date of ceasing the service, and emailed or posted to the contact details on the website..
     
  17. The amounts owing for the initial month will be pro-rated from the date of signature to the end of the initial month and shall be added to the first debit at the end of the subsequent month. Applicant shall ensure that there are sufficient funds in the account, details of which have been supplied to GTS Designs to cover such amount.
     
  18. In the event that a debit order amount is recalled due to incorrect information supplied by applicant or due to insufficient funds in the applicant's bank account the hosting of the website will be immediately suspended.
     
  19. In the case of a website being suspended due to non-payment a reconnection fee of R150.00 will be payable before the website is unsuspended
     
  20. In the case of an annual or biannual web hosting account being terminated by the client before their prepaid hosting term ends there will be a calendar month notice period and a R120 administration fee charged.
     
  21. GTS Designs may record the existence of the Applicant's account with the Credit Bureau.
     
  22. GTS Designs may record and transmit details of how the Applicant has performed to a Credit Bureau, and how the account is conducted by the Applicant in meeting their obligations on the account.
     
  23. Applicant confirms that all statements made in this application are true and correct. GTS Designs reserves the right to request proof thereof.
     
  24. Any disputes arising in relation to this application or the supporting documents shall be governed by the applicable laws of the Republic of South Africa
     
  25. GTS Designs reserves its rights to change its prices at any time on reasonable notice. GTS Designs reserves the right to stop offering certain web hosting package types if it deems it neccessary. GTS Designs will then either provide the web hosting service for the remainder of the time that has been paid for or refund the amount paid for that specific package.
     
  26. All forms of "Deep linking" are prohibited unless written permission is given.

     
  27. GTS Designs Hosts overseas, and it must be realised that if you are on a South African Broad Band contract, and you happen to be capped, you will not be able to access your website or email server.
     
  28. GTS Designs is not responsible if an external company network and firewall is setup to block access to services GTS Designs provides. If a client's network is setup to block certain ports or web addresses that compromise the services GTS Designs provides it is the client's responsibility to ensure that their network configurations are changed as necessary.
     
  29. GTS Designs does NOT provide SMTP mail services by default with any hosting packages. These are available on request at an additional charge.
     
  30. GTS Designs reserves the right to suggest suitable alternatives to the client and / or charge for excessive traffic as it deems necessary at its sole discretion.
     
  31. GTS Designs reserves the right to suggest suitable alternatives to the client for excessive Web Server Processor usage as it deems necessary at its sole discretion.

  32. GTS Designs reserves the right to move a website between web servers and internet backbones, both within South Africa and internationally as it deems necessary. If a client moves in excess of 2 GB traffic monthly then the client will be contacted and various options will be presented.
     
  33. GTS Designs reserves the right (but does not assume any obligation) to inspect the contents of data that the Subscriber transmits, receives or stores on an GTS Designs Server to ensure compliance with this Agreement or any applicable laws regulations or codes of practice. GTS Designs also reserves the right to disclose the contents of data that the Subscriber transmits, receives or stores on GTS Designs servers to the police or other law enforcement authorities.
     
  34. Applicant confirms that they will not use any of the GTS Designs servers for any form of bulk emailing without the express written permission of the Directors of GTS Designs.
     
  35. GTS Designs has zero tolerance for the use of their servers for the sending of unsolicited email or Spam. If an applicant spams in any way shape or form their website will immediately be suspended and punitive action will be taken.
     
  36. Websites advertised via any form of SPAM may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, SMS or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
     
  37. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services.
     
  38. Should Applicant Breach of any of the terms and conditions contained herein, including but not specifically limited to the payment terms, GTS Designs has the right (solely at GTS Designs' 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 GTS Designs may have.

  39. The Applicant acknowledges that the terms and conditions hereof may not be varied or cancelled except in writing and signed by GTS Designs and the Applicant.
     
  40. In the event that any of the terms of this document are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.
     
    In addition to the above the following terms and conditions are applied by the relevant domain registrars for the following domains:

Termination of service by Customer

All hosting plans automatically renew until terminated by the customer. In order to terminate or cancel your plan, you will be required to submit all details of your account to GTS designs at admin@gtsdesigns.co.za from the e-mail address you used to register your account. If your e-mail address has changed and you have neglected to update us with the new address, an account termination will not be possible under any circumstances. Attempts to cancel by phone, or any other method will be rejected and billing will continue until these instructions have been followed. Please be aware that there are absolutely no refunds available outside the 30-day money back guarantee. Termination requests must be received a minimum of SEVEN (7) days prior to the end of your plan's term to prevent automatic renewal. If a plan has already been renewed, there are absolutely no refunds available for any reason. GTS Designs iis unable to cancel your account effective for a future date. Once the account termination request has been submitted, your request will be placed in our service cancellations queue and you will receive a confirmation email as soon as the request has been processed. If you do not receive an email within 24 working hours, your request was not received! The confirmation email will contain a Ticket ID, which is your proof of submission and can be used to track the status of your termination request.

Knowledge and Expertise

Use of the Hosting Plan(s) requires a certain amount of knowledge of Internet programming Languages, protocols and software, and other technological information. By establishing a Plan, you or your webmaster represent that you have the knowledge necessary to maintain your web site. GTS Designs will not advise, teach, supply or provide any such knowledge or customer support outside of the scope of the Plan(s), unless you opt for one of the mainainance plans.

 

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