Terms and Conditions
1.1. Global Online hereby sells the service to the User on the terms and conditions herein contained which terms and conditions the User is deemed to have familiarised himself/herself with and to have irrevocably accepted.
2.1. In these terms and conditions:
2.1.1. "the User" means the party who has purchased the service and/or the goods and/or any person using the service and/or the goods;
2.1.2. "the Service" means the Internet service described herein provided by Global Online to the User in terms of the terms and conditions herein contained;
2.1.3. "the Goods" means any supplied and/or purchased item;
2.1.4. "Global Online" means A. Howard and Associates trading as Global Online.
3. PROVISION OF SERVICE
3.1. The User shall solely be responsible, unless otherwise stated in this agreement, for provisioning, configuration and maintenance of all equipment on their premises, including (but not limited thereto) computer hardware equipment, telecommunication equipment, modems and the like, which is or may be necessary for the User to obtain and retain access to the required service(s).
3.2. The User shall be liable for all telephone call charges and other third party costs incidental thereto.
4. AVAILABILITY OF SERVICE
4.1. Global Online shall make every effort to make the service available at all times and shall use its utmost endeavours to strive for 100% (one hundred percent) uptime. Global Online is, however, unable to guarantee 100% (one hundred percent) uptime.
4.2. Global Online shall strive at all times to provide Users with prior notice, where possible, of scheduled maintenance so as to avoid Users having to log-off for any period of time.
4.3. Global Online shall not be responsible for the performance of external communications networks to which the service is connected, and which networks include the networks of Internet Service Providers other than itself.
4.4. The User accordingly indemnifies Global Online against all claims of whatsoever kind and whether foreseeable or unforeseeable, as a result of Global Online being unable to make its service available to the User under the circumstances described in this clause.
4.5. Global Online will provide the service strictly subject to the terms and conditions prescribed by the competent regulatory authority.
5. USER ETIQUETTE
5.1. The User acknowledges and agrees that:
5.1.1. Users are expected to abide by generally accepted Usenet etiquette (Netiquette).
5.1.2. The User shall not use the service in a manner which:
5.1.3. constitutes a violation of any law, regulation or tariff that may be in force in South Africa or elsewhere;
5.1.4. constitutes and act or omission that is generally unacceptable or offensive to Internet users in general, to the public at large or as same may be determined from time to time by Global Online in its sole discretion, specifically including (but not limited to) the hosting of pornographic material, spamming, hacking and unsolicited mailing;
5.1.5. is defamatory, fraudulent or deceptive;
5.1.6. is intended to threaten, harass or intimidate;
5.1.7. tends to damage the name or reputation of Global Online, its holding company, affiliates or subsidiaries;
5.1.8. interferes with the use and enjoyment of Internet related services of Users of Global Online.
5.2. The User undertakes to abide by all laws applicable to copyright, re-distribution or re-sell of any data and/or information retrieved from the service and/or the Internet as specified or implied by Global Online or any of the local or foreign service providers or laws governing the provisions of the service and Internet.
6. PAYMENT FOR SERVICE AND/OR GOODS
6.1. The User pays to Global Online such charges as levied by Global Online from time to time as follows:
6.1.1. Monthly Subscriptions The charge for a subscription to the Service on a monthly basis is a monthly fee, payable monthly in advance by the User to Global Online, including a pro-rata charge for the first months billing. Payment is rendered without deduction, free of exchange or set-off by way of debit order, or in such manner as determined by Global Online. This amount is non-refundable.
6.1.2. Bi-annual Subscriptions The charge for a subscription to the Service on a bi-annual basis is payable in full in advance by the User, on invoice, to Global Online. This amount is non-refundable. Bi-annual subscriptions will be renewed automatically where the User has supplied banking details unless Global Online is notified in writing differently.
6.1.3. Annual Subscriptions The charge for a subscription to the Service on an annual basis is payable in full in advance by the User, on invoice, to Global Online. This amount is non-refundable. Annual subscriptions will be renewed automatically where the User has supplied banking details unless Global Online is notified differently.
6.1.4. Usage fees, where applicable, will be billed in arrears.
6.1.5. Without prejudice to rights granted to Global Online in terms hereof, any amount due by the User to Global Online not paid on due date thereof:
184.108.40.206. Shall bear interest at a rate equal to the maximum allowable in terms of the Usury Act, 1968, calculated daily in advance from date payment was due until date of actual payment thereof; and
220.127.116.11. Global Online shall be entitled to take all such steps, without notice to the User, as may be necessary to recover such outstanding amount. The User shall be liable to pay all costs incurred in respect of the recovery of such outstanding amount.
6.1.6. Global Online reserves the right to levy a charge for handling fees at an amount determined by Global Online for monies due in the event of a Users payment being returned or rejected by the Users bankers.
6.1.7. Global Online furthermore reserves the right to blacklist with any or all credit bureau agencies within the Republic of South Africa, any such User who fails to comply with the payment agreement for subscription to the Service. In addition, Global Online will not be held responsible or be required to assist with the removing or rescinding of any such information, which may be recorded by a credit bureau agency.
6.1.8. Global Online reserves the right to amend Service subscription charges at its sole discretion. Global Online shall give the User 30 (thirty) days notice of any such amendment and the User shall be bound to such adjustments.
6.1.9. Global Online reserves the right to sell or dispose of the Goods to defray costs should the User fail to collect the Goods within 30 (thirty) days from date of actual payment thereof.
7. SUSPENSION / DISCONNECTION OF SERVICE
7.1. Global Online may from time to time and without notice, suspend and / or disconnect a User from the Service in any of the following circumstances:
7.1.1. During any technical failure, modification or maintenance of the Service, provided that Global Online will use its reasonable endeavours to resume the Service as soon as possible;
7.1.2. Should the User fail to comply with any of the Terms and Conditions of this agreement, including failure to pay any charges due, until the breach, if capable of remedy, is remedied, or does, or allows to be done, anything which in Global Online's opinion may have negatively affected the operation of the Service.
7.1.3. If the User fails to make the required payment of such monies due to Global Online for subscription to the Service, and or in the event of a User being in arrears on either monthly, bi-annual or annual payments, with no attempt from the User to resolve such arrears.
7.1.4. Global Online reserves the right to levy a re-connection charge, an amount determined and calculated at the discretion of Global Online, payable by the User on invoice, for any request to be re-connected to the Service, and irrespective of how the Service was suspended or disconnected.
7.1.5. Notwithstanding any suspension of the Service in terms hereof, the User shall remain liable for all charges due throughout the period of suspension unless Global Online in its sole discretion determines otherwise in writing.
8. TERMINATION OF SERVICE
8.1. Under normal circumstances, 30 (thirty) days written notice from either party for any reason whatsoever is required to terminate an existing Service.
9. REGULATORY COMPLIANCE
9.1. The User undertakes to comply with all regulatory obligations that may now or in the future be imposed by the body under whose authority the service falls. The User furthermore acknowledges that the imposition of regulatory obligations by such body may necessitate amendments to be effected to these terms and conditions and hereby consents to Global Online effecting such amendments without prior notice.
10.1. The User hereby indemnifies and holds Global Online, its employees, this website, agents, dealers and/or distributors harmless against any and all losses, injury, damage, penalties and/or claims of whatsoever nature and howsoever arising from or in connection with the service.
11.1. The User hereby irrevocably consents to the jurisdiction of the Magistrates? Court in terms of Section 28 of the Magistrates? Courts Act of 1944, provided that Global Online shall, should it so elect, be entitled to institute proceedings in the High Court of South Africa.
12. CESSION AND DELEGATION
12.1. Global Online shall be entitled to cede and transfer or delegate to any third party, at its absolute discretion, all or any of its rights and obligations under these terms and conditions.
13. COPYRIGHTS AND TRADEMARKS
13.1. All copyrighted and trademarked logos, images, graphics, texts, pictures, video sequences, marketing materials and other material used within this website or included in email transmissions are protected by law and belong to their respective owners and may not be copied or downloaded for any purpose without prior written approval.
14.1. The User acknowledges and agrees that these terms and conditions govern the Users use of the service and that there are no other agreements, guarantees or representations, either verbal or in writing, in regard thereto.
14.2. The User shall not, without the express written permission of Global Online, resell or make available to any third party such services as they might receive from Global Online.
14.3. These terms and conditions may change from time to time. The User may view such terms and conditions at http://www.gonline.co.za and unless otherwise notified.
14.4. Global Online shall deem that the User has acknowledged and agreed thereto within 14 (fourteen) days of such changes being effected.