Terms & Conditions
UPDATED 19 April, 2023
Integrated Web Services reserves the right to change or modify any of the terms and conditions contained in this agreement.
- This is an agreement between you and Integrated Web Services. Regarding your use of Integrated Web Services’ services, products, computers, interactive information, communications, intellectual property and server management service, and supersedes all prior agreements. All such usage shall be subject to the terms and conditions and policies set out in this agreement as read with the terms and conditions applicable to the relevant product or service (collectively, “the / this Agreement”).
- This Agreement applies to all account holders. The Account Holder is responsible for the use of each account in any way, whether used under any name or by any individual, and for ensuring full compliance with this Agreement by all users of that account.
- In circumstances of the Consumer Protection Act, 2008 (“the CPA”) being applicable to this Agreement, the provisions of the CPA shall prevail should there be a conflict between any provision of this Agreement and the provisions of the CPA.
Please Read These Terms And Conditions Carefully.
Acceptable Use Policy
By using Integrated Web Services’ services, you agree to adhere to our Policies and Procedures, including this Acceptable Use Policy (AUP).
General and Acceptable Use
- You are expected to use Integrated Web Services’ services with respect, courtesy, and responsibility, giving due regard to the rights of other users. We expect you to have a basic understanding of how the Internet functions, the types of uses
- which are generally acceptable, and the types of uses which are unacceptable. Common sense is regarded as the best guide for what is considered acceptable use.
- Illegality in any way or form including, but not limited to, activities such as unauthorised distribution or copying of copyrighted material, violation of export restrictions, harassment, fraud, trafficking in obscene material, child sexual abuse imagery or in any other way, drug dealing, and other illegal activities.
- Integrated Web Services’ services and servers may be used strictly for lawful purposes. Storage, transmission or distribution of any material or part of it in violation of any applicable law or regulation is strictly prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorisation, and material that is obscene, defamatory, constitutes a legal threat, or violates export control laws. Examples of unacceptable content or links: “pirated software”, “hacker programs or archives”, “Warez sites”, “IRC Bots”, “illegal MP3s” etc.
- Due to the nature of a shared web hosting environment, Integrated Web Services, reserves the right to ask customers to upgrade or correct issues pertaining to their shared web hosting package, or to correct issues on their shared web hosting package, should it negatively affect the network or server performance for the majority of our customers.
- The Integrated Web Services shared web hosting platform is intended for hosting a website with relevant, appropriate and legal content and function for a personal or small businesses without the concern of traffic overages. The use of the service should not be indicative for large scale enterprises or applications where a dedicated server would be more suited.
- Integrated Web Services. prohibits the use of the shared web hosting service disk space to be used for purposes other than its intended function: content hosting, personal and small enterprise email and relevant web files.
- The use of dedicated or shared hosting services for hosting torrent boxes and/or running proxies is strictly forbidden. Servers continuously running a risk of supporting these types of services will be disabled and terminated from our network with immediate effect.
- Posting of defamatory, scandalous, violent or private information about a person without their consent, intentionally inflicting pain or emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
- Any unacceptable use of the services constitutes a material breach of these Terms and Conditions of Use, and Integrated Web Services fully and solely reserves its rights in this regard.
- The provisions of this Policy are not meant to be exhaustive, but are intended as guidelines. Generally, any behaviour that breaches or violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is strictly prohibited. Integrated Web Services reserves the right at all times to prohibit conduct that damage its reputation and goodwill in any way.
System and Network Security
- Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to, the following:
- unauthorised access, use, probe, or scan of a system’s security or authentication measures, data or traffic;
- interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
- forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting; and
- employing posts or programs which consume excessive CPU time or storage space, permits the use of mail services, mail forwarding capabilities, POP accounts, or autoresponders other than for their own account; or resale of access to CGI scripts installed on our servers.
- Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site’s mail server to relay mail without the express permission of the site or distributing, advertising or promoting products or software or services that have the primary purpose of encouraging or facilitating unsolicited commercial email or spam.
- It is in violation of Integrated Web Services’ Policy for customers to use our servers to effect or participate in any way in any of the following activities:
- To post to any Usenet or other newsgroups, forums, email mailing lists or other similar groups or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list;
- To send unsolicited mass emails, if such emails provoke complaints from the recipients
- To engage in any of the foregoing activities using the service of another provider, but channelling such activities through a Integrated Web Services provided server, or using a Integrated Web Services provided server as a maildrop for responses;
- To falsify user information provided to Integrated Web Services. or to other users of the service in connection with use of a Integrated Web Services service.
- We reserve the right to suspend a service due to spam activity. A reactivation charge will be applicable.
Determination of a Breach of This Policy
- Integrated Web Services will be the sole arbiters and have a sole and complete discretion in determining what is seen as a violation of this Policy.
Consequences of Breach of This Policy
- When Integrated Web Services becomes aware of an alleged violation of its AUP (Acceptable Use Policy), Integrated Web Services. will initiate an investigation (within 24-48 hours). During the investigation Integrated Web Services may restrict your access in order to prevent further possible unauthorised activity. If you are found in violation of our SPAM Policy, Integrated Web Services. may, at its sole discretion, restrict, suspend, or terminate your account and/or pursue other civil remedies. Also, Integrated Web Services reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated Policy violation. If such violation is a criminal offence, Integrated Web Services will notify the appropriate law enforcement department of such violation.
- Integrated Web Services does not issue service credits for any outages incurred through service disablement resulting from Policy violations.
- You shall be held liable for any and all costs incurred by Integrated Web Services as a result of your violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorised bulk mailings and/or news server violations.
- First violations will result in a Cleanup Fee of R1500 and your account will be reviewed for possible immediate termination.
- A second violation will result in Cleanup Fee of R3500 and immediate termination of your account.
- The Customer who violates this Policy agrees to also pay Investigation Fees of no more than R1500 per hour that Integrated Web Services personnel must spend to investigate any violations.
- Integrated Web Services may at times, with reasonable notice to Customers, revise or amend its current Shared and Dedicated Hosting offerings relating to price, features, traffic allocations and disk sizes.
- Integrated Web Services reserves the right to add, delete, or modify any provision of this Policy at any time without notice.
Reporting Network Abuse
- Any party seeking to report any violations Integrated Web Services’ Policy may contact via email: email@example.com
- All queries related to website take downs may be directed to the Internet Service Providers’ Association (ISPA), which Integrated Web Services. has appointed as its agent for the purposes of receipt of takedown notices in accordance with Chapter 11 of the Electronic Communications and Transactions Act of 2002:
Disclaimers and Limitation of Liability
- You agree that our entire liability, and your exclusive remedy, with respect to any Services provided under this Agreement and any violation of this Agreement is solely limited to the amount you paid for such Services. We and our contractors shall not be held 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;
- data non-delivery or data mis-delivery;
- acts of God;
- the unauthorised use or misuse of your account identifier or password;
- errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement;
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, Integrated Web Services’ 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. Integrated Web Services expressly disclaims any representation or warranty that the Integrated Web Services’ services will be error-free, secure or uninterrupted.
- No oral advice or written information given by Integrated Web Services., its employees, or sub-contractors or the like, will create a warranty; nor may you rely on any such information or advice as if it were a warranty. The terms of this section will survive any termination of this Agreement.
- Integrated Web Services will use its 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.
Responsibility for Content and Account Holder Indemnities
- You agree to indemnify and hold Integrated Web Services harmless from any and all claims resulting from or connected with any activities conducted by you. Integrated Web Services 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. Integrated Web Services reserves 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 Integrated Web Services’ then current Acceptable Use Policy, in the sole and absolute opinion of Integrated Web Services.
- Integrated Web Services will not change passwords to any account without proof of identification, which is satisfactory to Integrated Web Services, which may include written authorisation with signature. In the event of any partnership break-up, divorce or other legal problems that includes you, you understand that Integrated Web Services will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Integrated Web Services be liable for any losses incurred by you during this time of determination of ownership, or otherwise. You agree to indemnify and hold harmless Integrated Web Services from any and all claims arising from such ownership disputes.
- You agree to indemnify and hold Integrated Web Services and any other Account Holder harmless from any and all Claims resulting from your use of the services provided by Integrated Web Services. The terms of this section will survive any termination of this agreement.
- You agree not to harm Integrated Web Services, its reputation, computer systems, programming and/or other persons using Integrated Web Services’ services.
- The terms of this section will survive any termination of this agreement.
Variation of Services
- You agree that Integrated Web Services may establish certain limits concerning use of any Integrated Web Services’ service offered on any Integrated Web Services website including, without limitation, the maximum number of days that email messages will be retained by any Integrated Web Services’ service, the maximum number of email messages that may be sent from or received by an account on any Integrated Web Services, the maximum size of an email message that may be sent from or received by an account on any Integrated Web Services’ service, the maximum disk space that will be allotted on Integrated Web Services’ servers on your behalf either cumulatively or for any particular service. You agree that Integrated Web Services has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any Integrated Web Services’ You acknowledge that the features, parameters (for example, the amount of storage available to users) or existence of any Integrated Web Services’ service may change at any time.
- Integrated Web Services reserves the right to select the server for your website for best performance. You understand that the services provided by Integrated Web Services are provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If your website overwhelms the server and causes complaints from other users, you have outgrown the realm of shared servers, and will need to relocate your website. If you refuse to comply with this Section, then Integrated Web Services has the right to terminate the services provided to you without any refunds of the unused portion prepaid by you.
Non-transferability of Services
- Your rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of Integrated Web Services.
- In the case of websites paid for up-front and in full, clients are fully entitled to a backup of their website, email in the event that they choose to no longer use Integrated Web Services. This backup will not include our development API license.
- All services included in our monthly Membership License are sold as a complete unit and cannot be spit up, as such should a Membership License client request to no longer use our services anymore, the subscription services will be stopped for that product. This includes but not limited to: Web design, Membership Licenses, subscription packages, tech support, backups, site maintenance and security updates.
- You are responsible for maintaining the confidentiality of your password. In the event of a breach of security through your account, you will be liable for any unauthorised use of Integrated Web Services’ services, including any damages resulting there from, until you notify Integrated Web Services customer service in writing on firstname.lastname@example.org
- The responsibility of all passwords and other related sensitive information is assumed by you, should any additional fee’s arise from resource consumption due to poor credentials (such as, but not limited to blank passwords or “test” accounts) no fault shall be levied on Integrated Web Services.
Assignment of IP Addresses
- Integrated Web Services assigns you an Internet Protocol address in connection with your use of the Integrated Web Services’ services, the right to use that Internet Protocol address will remain with and belong only to Integrated Web Services, and you will have no right to use that Internet Protocol address except as allowed by Integrated Web Services in its sole and absolute discretion.
Subscription-Based Web Design Packages Include: (For as long as you are on the subscription)
- Free domain for 12 months (.co.za).
- Free SSL for 12 months.
- Web hosting monthly (price depends on the Membership License).
- Web development as per the client specifications.
- Monthly backups.
- Security monthly updates.
- Content updates (depending on the package).
- Monthly Website Care Reports.
- Includes Integrated Web Services API license.
Cancellation of Subscription Services:
When a Subscription package (Namely Book Author, Brochure, Professional & Business Membership License) is cancelled or requested for transfer, please note the following terms:
- Suspension of Membership License Services: The cancellation of any subscription service will result in the immediate suspension of all services included in the Membership License. This includes web hosting, web development, maintenance, content updates, and any other services covered under the Membership License.
- Transfer of Website Data: Due to the subscription-based nature of our products, the transfer of the website data to another service provider is not permitted. However, we will assist in the backup of your full email accounts to facilitate a smooth transition to the new service provider.
Intellectual Property Rights:
All intellectual property rights, including copyrights, trademarks, and any other proprietary rights related to the custom web design and development services, remain the exclusive property of Integrated Web Services. The use, reproduction, or creation of derivative works based on the custom design is strictly prohibited after the termination or cancellation of the Membership License.
While we maintain monthly backups of your website data during the active subscription period, please note that access to these backups is limited to the duration of your subscription. After the cancellation of the Membership License, access to the backups may not be available, and we shall not be liable for retaining or transferring your website data.
Use of Custom Web Designs after Termination of Membership
Upon enrollment in our membership plans, Integrated Web Services provides exclusive access to custom web designs (“Custom Designs”) to the member (“Member”) for the duration of the active membership. These Custom Web Designs are created with the utmost care and dedication to ensure a unique and tailored web presence for each Member.
Upon the termination or cancellation of the membership, the Member acknowledges and agrees to the following conditions:
1. Intellectual Property Rights: All rights, title, and interest in and to the Custom Designs, including all copyrights, trademarks, and other intellectual property rights, are and will remain the exclusive property of Integrated Web Services.
2. Ceasing Use: The Member shall immediately cease all use, reproduction, distribution, or creation of derivative works based on the Custom Designs upon termination or cancellation of the membership. This includes any backups, copies, or similar reproductions of the Custom Designs.
3. No Transfer of Rights: The termination or cancellation of the membership does not grant the Member any right, license, or authorization to use the Custom Designs in any manner whatsoever, unless otherwise explicitly agreed upon in writing by Integrated Web Services.
4. Legal Recourse: In the event of a breach of this clause, Integrated Web Services reserves the right to pursue all available legal remedies, including seeking injunctive relief and damages for the violation.
It is the responsibility of the Member to ensure compliance with this clause upon the termination or cancellation of their membership. Failure to abide by these terms may result in legal action to protect Integrated Web Services’s intellectual property rights.
- This Agreement constitutes the entire agreement between you and Integrated Web Services with respect to the Integrated Web Services’ service. Integrated Web Services reserves the right to amend this agreement from time to time. Any new version of the Agreement will be displayed on our Website together with the date on which it will become effective, which will never be less than 30 (thirty) days after the date on which it is first published. It is your obligation to visit our web site on a regular basis in order to determine whether any amendments have been made. Any use by you of the Integrated Web Services’ services after the effective date of any such amendment, shall be deemed to constitute acceptance by you of such amendment.
- Integrated Web Services’ failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.
- In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this section will survive any termination of this Agreement.
- Save where otherwise provided for in this agreement, if you:
- fail to pay any amount payable under this agreement within 10 days after receipt of written demand requiring such payment; or
- commit a breach of any provision (other than a payment obligation) of this agreement and, if such breach is capable of remedy, fail to remedy such breach within thirty days after receipt of written demand requiring you to do so;
- are placed under liquidation, judicial management, business rescue proceedings or any similar disability, whether provisionally or finally and whether voluntarily or compulsorily;
- commit any act which if committed by a natural person would constitute an act of insolvency;
- become insolvent;
- compromise or attempt to compromise generally with any of your creditors;
- have a final judgment taken against you which is not satisfied within 30 days after the granting of such judgment, then Integrated Web Services shall be entitled, without prejudice to any of its other rights under this agreement and/or in law and by giving written notice, to immediately cancel this agreement or to claim immediate specific performance of all of your obligations whether or not due for performance, in either event without prejudice to Integrated Web Services’ right to claim damages.
- The interpretation and enforcement of this Agreement shall be governed according the laws of the Republic of South Africa (excluding its choice of law rules).
- You consent to the jurisdiction of the South African courts.
- The Integrated Web Services’ services are provided from Johannesburg, South Africa, and this agreement is deemed to have been entered in Johannesburg.
- Notices required by this agreement shall be in writing and shall be delivered either by email only. Emails shall be deemed to be received on the business day they are sent if sent before 16h00 on that day or on the next Business Day thereafter is sent after 16h00 on a Business Day or if sent on a non-business Day.
Billing Terms of Integrated Web Services.
Automated Recurring Billing
In an effort to streamline payments from clients and keep our clients account constantly up to date, Integrated Web Services make use of a automated billing system which uses the captured card details of the client (held by payfast.co.za – not Integrated) On the due date of the monthly invoice, our billing system in partnership with Payfast bills the card details on file, for the invoiced amount.
Because the payment is then allocated to the clients account in real time, the account always up to date, eliminating any chance of clients sites being suspended, due to non payment.
This automated recurring billing is a requirement on all subscriptions where an on going monthly invoice is issued. Clients who have elected to go for a once off “payment in full” will obviously not make use of the automated recurring billing.
Please be aware that For Recurring billing there is a “notice” (Completing this process will allow to automatically process your future payments.) on the payfast payment portal letting customers know that by making payment they are accepting future payment can be captured. Recurring payments are only applicable for monthly subscription packages.
- Accounts are due 7 days before the date reflected on the invoice presented by Integrated Web Services.
- Invoice Reminder are sent out 1 day before the invoice due date.
- First Overdue Reminder are sent out 1 after the invoice due date.
- Second Overdue Reminders are sent out 2 days after the invoice due date.
- Third Overdue Reminders are sent out 3 days after the invoice due date.
- A Late Fee is added 7 days after the invoice due date.
- Integrated Web Services do have specific products and services are pro-rated not all.
- Integrated Web Services 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’s terms and conditions relating to the particular product or service supplied by Integrated Web Services. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated.
Effect of Non-payment
- In the event of non-payment of an invoice by the stipulated Due Date, without prejudice to any other rights that Integrated Web Services has in terms of this agreement or in law, Integrated Web Services reserves the right to hold you liable for the total amount due pursuant to such invoice.
- Integrated Web Services may halt or completely stop the supply of contracted 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 intention to do so.
- If the supply of new services is stopped or the existing services are terminated in accordance with section 6, 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, Integrated Web Services will submit the full overdue 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 own account.
- In the event of suspension due to non-payment, Integrated Web Services reserves the right to place a “website suspended by hosts” 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.
- Please note that admin fees apply in the event that your account is suspended due to non-payments. A reconnection fee of R50 will be payable in the event of services being suspended (due to non payment) for a period of 7 days or longer. This payment will required to be made in advance of the reconnection of services.
- 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.
Domain Rescue Fees
- Should a local domain, i.e. CO.ZA or .ORG.ZA, expire but fall within the stipulated grace period, a “Domain Rescue” fee will be applicable after successfully retaining the domain after the expiration thereof.
- Should a local domain, i.e. CO.ZA or .ORG.ZA, expire and fall outside the stipulated grace period, a “Domain Rescue” will also be applicable upon the domain successfully being retained after the expiration thereof.
- Should an international domain expire but fall within the stipulated grace period, a “Domain Rescue” fee will apply if the domain is retained after the expiration thereof. In cases where we are charged over and above the prescribed minimum fee by the Registrar, these fees will be carried over to the customer.
- Should an international domain expire but fall outside of the stipulated grace period, a “Domain Rescue” fee will also apply if the domain is retained after the expiration thereof. In cases where we are charged over and above the prescribed minimum fee by the Registrar, these fees will be carried over to the customer.
Payment Methods and Fees
- Integrated Web Services accepts the following payment methods : Payfast, Credit Card (MasterCard, VISA and AMEX.), and EFT. We recommend that you make payment via the Payfast website.
- The merchant outlet country at the time of presenting payment options to the cardholder is the Republic of South Africa and the transaction currency is South African Rand (ZAR).
- Integrated Web Services will only refund a customer in the event of their account having a credit balance.
- Integrated Web Services will process authorised refunds to customers at our earliest possible convenience, never longer than 5 working days.
- Stopping a Recurring Billing: You must cancel a recurring billing by providing written or other appropriate notification to Integrated Web Services whom you authorised to make the deductions when accepted the terms and conditions.
ALL CANELLATIONS REQUIRE A 30 DAY NOTICE PERIOD.
- Note that by default we operate on an end-of-term basis and, should you cancel a service, the service will be terminated at the end of your next billing period.
- Domains are eligible to automatically renew for an extra one-year term upon expiry. Renewal notifications will be sent out prior to the renewal, and cancellations may be done before the renewal date.
- From the day that the cancellation is excuted, you will have on longer have access to ANY of the services from Integrated Web Services. This includes the actual website and the related emails. Data stored on our servers (website and email) will not be backed up and is in no way recoverable.
Definition: “A downgrade occurs when changing your current package to a package with a lower cost.”
- We require notification of downgrades on or before the 20th of each month, in order for the downgrade to take effect from the first day of the next month. If you do not provide this notice, you will be charged rate for the existing package in the following month
General Dispute Resolution
- The parties shall attempt to resolve all disputes arising out of this agreement in the spirit of cooperation and with a problem-solving mind set, without formal proceedings and in agreement with the various dispute resolution procedures provided.
- In the event of the dispute not being resolved, please follow the general complaint procedure as stipulated by ICASA for all complaints accept Billing disputes.
You are required to direct a general complaint to email@example.com. The complaint is required to be accompanied by the following;
- Your full particulars and contact details;
- Your relationship with Integrated Web Services and any customer reference which may be applicable;
- A statement of the reason or reasons for the complaint with enough detail to allow us to assess these; and
- Any relevant evidence or documentation you wish to submit in support of your complaint.
- Under the ICASA Code of Conduct Regulations Integrated Web Services. is required to:
- Acknowledge receipt of your complaint within 3 Business Days; and
- Determine an outcome for the complaint and communicate this to you within 14 Business Days.
Referral of Complaints to ICASA
- If you are not happy with the outcome of the Complaint, you have the right to escalate it to ICASA. If ICASA are not able to resolve the matter it may be referred to the ICASA Complaints and Compliance Committee for adjudication.
- Please note that under the ICASA Code of Conduct Regulations 2008 you must give us an opportunity to resolve the matter within the 14-day period before you have the right to escalate your complaint to ICASA.
- ICASA can be contacted in the following ways:
- email: firstname.lastname@example.org
- to find contact details of ICASA in your area, please visit: https://www.icasa.org.za/pages/contact-us
- Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in South Africa. Should any legal action permissible under this agreement be instituted to enforce the terms and conditions of this agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney’s fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this agreement.
Billing Dispute Resolution
Purpose of this Procedure
- This Procedure sets out the obligations of Integrated Web Services and the Customer in resolving a Billing Dispute, including the manner in which Billing Disputes should be lodged and how it will be handled thereafter.
- Integrated Web Services’ Billing Dispute Handling Procedure is intended to service both the Customer and Integrated Web Services’ interests by setting out clear rules and procedures to be used where Billing Disputes Occur.
- “Billing Dispute”means an instance where a Customer states in good faith that their bill contains incorrect charges, payments or adjustments.
- “Billing Dispute Notice”means a notice submitted by the Customer in terms of this Procedure.
- “Billing Disputes Procedure”and “this Procedure” mean this Billing Dispute Procedure for the initiation and resolution of Billing Disputes.
- “Billing Enquiry”means the situation where the Customer seeks information or clarification relating to an Invoice including, without limitation, seeking clarification of charges or sources of usage. For the avoidance of doubt, this is not a Billing Dispute.
- “Business Day”means any day other than a Saturday or Sunday or a public holiday observed as such in the Republic of South Africa;
- “Complaint”means an expression of dissatisfaction or grievance made by a Customer, but does not include a request for information. A Complaint is not a Billing Dispute.
- If there is a dispute due to the client not reading the terms and conditions regarding billing or recurring payments process. Integrated Web Services cannot be held liable. For Recurring billing there is a “notice” (Completing this process will allow to automatically process your future payments.) on the payfast payment portal letting customers know that by making payment they are accepting future payment can be captured. Recurring payments are only applicable for monthly subscription packages.
Stopping a Recurring Billing:
You must cancel a recurring billing by providing written or other appropriate notification to Integrated Web Services whom you authorised to make the deductions when accepted the terms and conditions.
- Any charge recorded on an Invoice (the subject of a Billing Dispute) which is not submitted in accordance with this Procedure is payable in full to Integrated Web Services by the Due Date of the Invoice.
- For the avoidance of doubt the parties acknowledge and agree that:
- An amount that is not in dispute (“Undisputed Amount”) cannot be withheld for any reason (including, without limitation, when that amount is on an invoice together with a Disputed Amount).
- Only Billing Disputes can trigger the Billing Dispute Handling Procedure (and the potential right to withhold payment of Disputed Amounts from Integrated Web Services as set out below).
- Billing Enquiries and Complaints are not Billing Disputes and do not trigger the Billing Dispute Procedure. Billing Enquiries should be directed to email@example.com
- Please note that Integrated Web Services will not entertain any Billing Dispute based on unauthorised use of the services or on unauthorised use of the services by a third party, it being your responsibility to safeguard access to the services which you receive and to use them in the manner set out in the terms and conditions applicable thereto.
Customer’s Obligations to first use this Procedure
- As a current or prior Customer of Integrated Web Services, you agree to allow Integrated Web Services to attempt settlement of any Billing Dispute for 14 Business Days before raising a dispute with any third party, credit card company or bank. Integrated Web Services requires and you agree that it be the first option in Billing Disputes. Should Integrated Web Services receive a chargeback or other reversed charge from a third party, Credit Card Company or bank on your behalf before Integrated Web Services has been given a chance to resolve the issue, Integrated Web Services has the right to collect on the rendered services and any fees associated with those disputes.
- Not all Billing Disputes may be settled to a customer’s satisfaction. Once this Procedure has been exhausted, a Customer may use any third party, Credit Card Company or bank in an attempt to settle the dispute. However, Integrated Web Services still retains the right to collect on any rendered services or fees that are due. Should Integrated Web Services be unable to reverse any disputed amounts with a third party, Credit Card Company or bank, Integrated Web Services will submit the full delinquent amount for Collections.
Time period within which Billing Disputes can be initiated
- A Billing Dispute Notice may be lodged in the required manner until the passing of 60 days from the date of the relevant invoice.
Circumstances under which payment of a Disputed Amount may be withheld
- You may only withhold payment of a Disputed Amount where Integrated Web Services receives a valid Billing Dispute Notice relating to such Disputed Amount at least 5 Business Days prior to the Due Date indicated on the relevant invoice.
Billing Dispute Notice
A Billing Dispute can only be validly initiated through the submission via email to firstname.lastname@example.org, which shall include the following:
- Invoice number and date;
- The amount in dispute (“the Disputed Amount”);
- The amount not in dispute (“the Undisputed Amount”);
- The full details of the dispute; and
- Any relevant evidence or documentation you want to submit to support your complaint.
Response to Billing Dispute Notice
- Under the ICASA Code of Conduct Regulations Integrated Web Services is required to acknowledge receipt of your complaint within 3 Business Days.
- Integrated Web Services shall provide a response to the Billing Dispute Notice within 14 Business Days, which response shall take one of the following forms:
- A rejection of the Billing Dispute Notice on the basis that:
- The Billing Dispute Notice was not received by Integrated Web Services within 15 days from the date of the relevant invoice;
- The Billing Dispute Notice does not contain all of the information set out in clause 11 of this Billing Dispute Procedure or was not submitted in accordance with section 10.
- The Customer has not made payment in accordance with (and does not have A right to withhold payment) in terms of sections 61, 62.1 and 67 of this Procedure;
- Integrated Web Services has confirmation from the Customer that the dispute which is the subject of the Billing Dispute Notice has been resolved;
- The Customer is disputing the charges on the basis that the Customer did not authorise the particular use of the services by another person; or
- Integrated Web Services reasonably believes that the Customer does not have a bona fide dispute in relation to the charges.
A request for information or documentation from the Customer lodging the Billing Dispute Notice which is reasonably required to assist Integrated Web Services in making a determination in the matter. The Customer shall provide such information or documentation as soon as possible and the running of the 14 Business Day period referred to below shall be suspended until such time as it has been received by Integrated Web Services
Effect of this Procedure on continued service provision
- Integrated Web Services will not disconnect a service provided to you which is the subject of a Billing Dispute or take adverse collection procedures or impose late payment penalties or charges while attempting to resolve a Billing Dispute lodged in terms of this Procedure and until such time as Integrated Web Services has reached a determination and communicated this to you.
- We reserve the right, however, to take such measures immediately:
- Where a determination of the Billing Dispute has been made and communicated to you; or
- Where you have indicated that you are unable to pay your invoice or bill or have filed or are the subject of any application to court for sequestration or liquidation or otherwise seek to reach a formal arrangement with your creditors.
- Subject only to the above, the rights and obligations of each party under the Billing Dispute Procedure continue pending resolution of a Billing Dispute invoked under this Billing Dispute Procedure. For the avoidance of doubt this includes that Integrated Web Services shall continue to have the right to terminate or suspend the service in accordance with Integrated Web Services’ rights under the agreement that you have with Integrated Web Services.
- Neither party shall use any information obtained from the other party during the course of any process invoked under this Procedure for any purpose other than the resolution of the particular Billing Dispute.
Training for the day to day operations and minor updates of the website will be provided to the client by Integrated Web Services. This is will be done virtually at time deemed convenient to both parties. Thereafter – telephonic / ticket support will be available to the client on an as required basis.
Integrated Web Services will be responsible to load the first twenty (20) products into an online store for a client. (A product is constituted as: price, description, photo and title) Any further products will the sole responsibility of the client.
Content for any work done on a website, original or revamped, is the be supplied to Integrated Web Services. Such content may (but is not limited to) the following:
- Photos (supplied in hi res JPG format)
- Videos (if larger than 20MB – hosted on a file hosting site eg: Youtube)
- Logos (supplied in PNG format)
- Text (final approved copy to be supplied in an editable format
By clicking “ I have read and agree to the Terms of Service” button, you (the “Customer”) agrees to accept and to abide by all terms and conditions set forth in the “INTEGRATED WEB SERVICES Hosting Agreement”, as such Agreement now exist or as amended from time to time hereafter. Failure to honor all such terms and conditions shall be grounds for immediate termination of the services and removal of Customer’s website from INTEGRATED WEB
SERVICES’s server. In addition, such breach shall subject Customers to such claims for damages and reimbursements as might be appropriate in the circumstances. WHEREAS the parties intend by this Agreement to set forth the terms and conditions upon which INTEGRATED WEB SERVICES will host Customer’s website on its (INTEGRATED WEB SERVICES) web server; IN CONSIDERATION of the mutual promises and conditions set forth below, the parties do hereby covenant and agree as follows: INTEGRATED WEB SERVICES agrees to host Customers website on the INTEGRATED WEB SERVICES server, subject to and based upon the terms and conditions set forth in this Agreement.
- Customers website will reside within its own domain and shall have a URL address based upon that domain, such as www.mydomainname.co.za. Said domain and URL shall be and remain the property of the Customer or other domain name granting authority (as the case may be), and Customers sole conditions stated in this Agreement.
- INTEGRATED WEB SERVICES is responsibility with respect to the Customers website is strictly limited to the provision of storage capacity for websites on INTEGRATED WEB SERVICES servers.
- Customer is solely and exclusively responsible for the design, development, content (subject to requirements set forth in the paragraph 4 below), update, refreshment, modification, etc, with respect to Customers website. Customers must provide all software and other materials necessary to create and maintain Customers personal or business website. Customers must provide all telephonic, computer, hardware, software and equipment necessary to access website on INTEGRATED WEB SERVICES server.
- Customer is solely responsible for the content of his or her website; provided, however, that Customer herby agrees that Customer will not, directly or indirectly, by its website send, submit, post, receive or otherwise facilitate the transmission of any materials that are abusive, obscene, profane, sexual explicit, threatening, or materials containing blatant expressions of bigotry, racism or hate.
- Customers will comply with all provincial and local laws (including, but not limited to export/import laws and laws relating to obscenity, copyright, trade make, trade secret, libel, slander and deformation). IT IS CUSTOMERS SOLE RESPONSIBILITY TO BECOME FAMILIAR WITH AND TO COMPLY WITH LAWS THAT MIGHT RELATE TO CUSTOMERS WEB PAGE.
- Customer will pay INTEGRATED WEB SERVICES the package amount that they signed up for weather it was monthly or once off.
- Customer acknowledges and agrees that INTEGRATED WEB SERVICES will incur no liability for any claim, whether sounding in contract, tort, warranty, strict liability, product liability or any other theory of recovery (including negligence but excepting only intentional malfeasance) relating in any manner to Customers web page.
- Customer hereby represents and warrants that he or she is eighteen years of age or older, and is under no disability that would render him or her unable to enter into, be fully bound by and fully perform in accordance with the provisions of this Agreement.
- It is understood that you (the “Customer”) is responsible for the setup & maintenance of all email addresses under the domain [oceanicplumbing.co.za].
- It is understood that you (the “Customer”) is responsible for technical support related to the website as well as emails services which are hosted by INTEGRATED WEB SERVICES.
By clicking “ I have read and agree to the Terms of Service” button, you (the “Customer”) agrees to accept and to abide by all terms and conditions set forth in the “INTEGRATED WEB SERVICES Hosting Agreement”, as such Agreement now exist or as amended from time to time hereafter. Failure to honor all such terms and conditions shall be grounds for immediate termination of the services and removal of Customer’s website from INTEGRATED WEB