Terms and Conditions

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Trudon (Pty) Ltd

HOSTING TERMS OF SERVICE and SERVICE LEVEL AGREEMENT

Trudon (Pty) Ltd is a South African web hosting service provider that offers a range of shared and dedicated web hosting services. It is our intention to ensure the stability of our network as well as provide a sustainable business environment for our customers.

Our Terms of Service (made up of Trudon's General Terms & Conditions as well as Trudon's Specific Terms & Conditions), and Privacy Policy governs our relationship with our Customers.

Our business is continually evolving and as such we reserve the right to change our Terms and Conditions when necessary. It is your responsibility to ensure that you the customer are up to date with all of our T&Cs. We will notify Customers of any significant changes we feel they need to be made aware of.


TRUDON'S GENERAL TERMS & CONDITIONS

1. Interpretation

In Trudon's Hosting Terms, unless a contrary intention appears –

1.1. the clause headings have been inserted for purposes of convenience  only and will not be taken into consideration in its interpretation;

1.2. any reference to (i) the singular includes the plural and vice versa, (ii) any gender includes the other genders and (iii) a natural person includes a juristic person and vice versa;

1.3. the rule of construction that a contract shall be interpreted against the party responsible for the drafting or preparation of the contract, shall not apply to this Agreement and the Parties waive any rights they have to  rely on such rules;

1.4. unless the context indicates a contrary intention, the words and expressions defined in clause 2 shall throughout the Agreement, bear the meanings assigned to them in that clause 2 and similar expressions shall bear corresponding meanings;

1.5. any reference to "days" shall be construed as being a reference to calendar "days" unless qualified by the word "business" in which instance a "business day" shall be any day other than a Saturday and a Sunday and/or a public holiday as gazetted by the Government of the Republic of South Africa from time to time. Any reference to "business hours" shall be construed as being the hours between 08h00 and 17h00 on any business day;

1.6. the word "include" and "including" means "include without limitation" and "including without limitation". The use of the word "including" followed by a specific example/s shall not be construed as limiting the meaning of the general wording preceding it;

1.7. terms other than those defined within these General Terms will be given their plain English meaning, and those terms, acronyms, and phrases known in the Information Technology industry will be interpreted in accordance with their generally accepted meanings;

1.8. defined terms appearing in these General Terms in title case shall be given the meaning as defined, while the same terms appearing in lower case shall be interpreted in accordance with the ordinary meaning as qualified by clause 1.7 and shall, unless the context otherwise indicates, include the term as defined.

2. Definitions

Trudon's Hosting Terms, unless inconsistent with or otherwise indicated by the context, the following terms will have the meanings assigned to them in this clause:

2.1. "Agreement" means the contract entered into between Trudon (Pty) Ltd and the subscriber consisting of, inter alia, the Hosting Terms and Service Level Agreement any application form, or addendum thereto, completed by the Customer;

2.2. "Commencement Date" means the date when a subscriber profile is created and Trudon furnishes the subscriber with the subscriber Data;

2.3. “Subscriber” means (i) the party identified on the application form or in any addendum thereto, relating to the relevant Service subscribed for by the subscriber for Trudon, and in the case of a Domain Name, means the registered holder of the Domain Name (as defined in the Specific Terms);

2.4. "Subscriber Data" means the username/s, password/s or e-mail address/es provided by Trudon to the subscriber as part of the Services, but expressly excluding subscriber Domains managed by Trudon as part of the Services;

2.5. "General Terms" means these terms and conditions;

2.6. "Trudon's Hosting Terms" means the General Terms, the Specific Terms, Privacy Policy and the Hardware Policy, included in this document

2.7. "Intellectual Property Rights" means all patents, trademarks, service marks, design rights, copyright, trade or business name, know-how, concepts, ideas, methods, procedures, processes, techniques, models, reports, templates, software or any changes or additions thereto (if any) and other similar rights or obligations, whether or not registerable, registered or application for registration thereof has been made in any party of the world;

2.8. "Marks" means any trademarks, logos, brand names, domain names or other marks of either of the Parties;

2.9. "Party" and "Parties" means Trudon (Pty) Ltd;

2.10. "Services" means the services provided by Trudon (Pty) Ltd;

2.11. "Specific Terms" mean the terms and conditions which supplement the General Terms and govern the use of individual Services selected by the subscriber;

2.12. "Website" means the website from which the Services are provided, currently being www.yellowpages.co.za or www.yellowpagesweb.co.za

3. Trudon's Hosting Terms

3.1. Trudon provides the Services to subscribers subject to the terms and conditions of Trudon's Hosting Terms, which include these General Terms, the Specific Terms, the Privacy Policy, and the Hardware Policy

3.2. These General Terms set forth the general terms and conditions governing the contractual relationship between the Parties, duly supplemented by the Specific Terms, to the extent that:

3.2.1. any individual Service selected by the subscriber is not dealt with in the Specific Terms, such individual Service shall be governed by the General Terms and Acceptable Use Policy;
3.2.2. any Specific Terms that are binding upon the subscriber, those Specific Terms are deemed included in the Trudon's Hosting Terms.

3.3. The Acceptable Use Policy represents the terms and conditions pertaining generally to the subscribers of Trudon (Pty) Ltd use of the system and specifies the activities prohibited by Trudon (Pty) Ltd and is intended to enhance the use of the Internet by preventing unacceptable use. The subscriber is required at all times to comply with the Acceptable Use Policy, which is deemed to form part of Trudon (Pty) Ltd Hosting Terms.

3.4. Save as expressly provided to the contrary in the Hosting Terms, in the event of a conflict between the provisions as stated in these General Terms and those stated in the Specific Terms and Acceptable Use Policy, the following precedence ranking shall apply (from highest to lowest): (i) these General Terms; (ii) the Specific Terms; (iii) the Acceptable Use Policy; (iv) the Privacy Policy and other policies that may be introduced from time to time and notified to the Customer as well documents incorporated by reference in this Agreement.

4. Amendment to Trudon's Hosting Terms

4.1. Trudon reserves the right, at any time, to amend any of the Hosting Terms to which the subscriber is bound and to inform without specific notice to the subscriber. An updated version of the Trudon's Hosting Terms will be avalible on www.yellowpages.co.za

5.5 Monitoring

5.1. Whilst Trudon monitors its Services and system to determine that its facilities are operating satisfactorily, Trudon does not, as a general practice, monitor Trudon ‘s subscribers  activities. Where Trudon is required to intercept communications in accordance with the provisions of the Regulation of Interception and Provision of Communication-Related Act, 70 of 2003 ("the Monitoring Act"), any interception of communications shall be strictly carried out in accordance with the requirements of the Monitoring Act, as and when required under the Monitoring Act.

5.2. With specific regard to the monitoring of content which is found on a website belonging to a subscriber of Trudon and which is hosted by Trudon, Trudon acknowledges that it has no knowledge of, nor interest in the subscribers  content hosted by Trudon or published by Trudon on the subscribers behalf using the Services and further that Trudon does not in any way contribute or approve such content.

5.3. Notwithstanding this, Trudon agrees that if Trudon, in its sole and unfettered discretion determines that the subscribers content is in violation of any law (including the Films and Publications Act 65 of 1996) or of the Acceptable Use Policy, it may (i) forthwith request the Customer to remove such content; and/or (ii) forthwith require the subscribers to amend or modify such content; and/or (iii) without notice terminate access to any Services and/or suspend or terminate any Services; and/or (iv) without notice, delete the offending content; and/or (v) notify the relevant authorities of the existence of such content (if required by law or otherwise), make any back-up, archive or other copies of such material as may be required by such authorities, disclose such elements of the subscribers data as may be requested by such authorities and take such further steps as may be required by such authorities.

5.4. Subscribers specifically agree that they shall have no recourse against Trudon in the event of Trudon acting in terms of clause 8 and accordingly waives its right to make any claim or demand or to institute any legal proceedings against Trudon.

6. Security

6.1. All subscribers Data allocated to the subscriber is personal to the subscriber and the subscriber shall be liable for any loss or damage sustained by the subscriber, Trudon or any third party as a result of any actions by the subscriber or any other person to whom the subscriber has disclosed its subscriber Data.

6.2. Trudon  is authorises to act on any instruction given by and/or purporting to originate from the subscriber, even if it transpires that both Trudon have been defrauded by someone else, unless the subscriber has notified Trudon in terms of clause 7.3 below prior to Trudon acting on a fraudulent instruction.

6.3. If any security violations are reasonably believed to have occurred in connection with the subscibers account, Trudon will investigate forthwith and, if necessary, change the relevant subscriber data, including access codes and passwords and give the subscriber immediate notification

6.4. The subscriber hereby indemnifies Trudon against any claim howsoever arising from (i) the subscribers disclosure of its subscriber Data to a third person, (ii) the use of such subscribers Data by a third person and/or (iii) any action by the subscriber or third party as a result thereof.

6.5. Trudon reserves the right to take whatever action it may deem necessary at any time to preserve the security and reliable operation of its infrastructure and the subscriber of Trudon undertake that it will not do or permit anything to be done which will compromise Trudon security.

6.6. Although Trudon applies reasonable endeavors to provide disaster recovery, Trudon will backup all data on a daily basis and create an off-site back-up weekly. Depending on external service providers systems will be restored in approximately 4 hours, within normal working hours. Trudon is not liable for any loss or damage of whatever nature incurred or suffered by the subscriber or arising from or in connection with any cause whatsoever as a result of its failure to provide, or delay in providing, or providing only partial disaster recovery. The subscriber is required to make back-ups of its data. Nothing contained in the Trudon Hosting Terms shall be construed as a representation that any back-ups of data implemented by Trudon will be successful or in any way will avoid disaster.

7. Warranties

7.1. Trudon warrants that it has the facilities, infrastructure, capacity and capability to provide the Services.

7.2. Save for the aforegoing warranty, the Services are provided "as is" and "as available" and without any further warranty of any nature whatsoever, whether express or implied, including without limitation warranties of merchantability, fitness for purpose, title or non-infringement.

7.3. Under no circumstances shall any advice or information furnished by Trudon, its agents or employees be construed as a warranty of any kind.

8. Trudon and Subscriber Indemnities

8.1. The subscriber acknowledges that the Services are provided subject to all applicable laws and the subscriber accordingly hereby indemnifies Trudon from any liability attributable to any regulatory body or civil or criminal proceedings instituted against Trudon or for any loss or damage suffered by the subscriber and Trudon or any third party as a consequence of any interruption or unavailability of the Services.

8.2. The subscriber hereby unconditionally and irrevocably indemnifies Trudon and agrees to hold Trudon free from and harmless against all losses suffered or incurred by the subscriber or  instituted against the subscriber by any third party as a direct or indirect result of the subscribers use of the Services, the subscribers failure to comply with any Trudon Hosting Terms, or any downtime, outage, degradation of the network, interruption in or unavailability of the Services. Included, but without limitation, within the ambit of downtime, outage, degradation of the network, interruption, or unavailability of the Services is any of the following: (i) software or hardware service, repairs, maintenance, upgrades, modification, alterations, replacement or relocation of premises affecting the Services, (ii) non-performance or unavailability, of whatever nature and howsoever arising, of any of the services provided by a electronic communications network or service provider, including, but not limited to, line failure, or in any international Services or remote mail servers, (iii) non-performance or unavailability, of whatever nature and howsoever rising, of external communications networks to which Trudon's network infrastructure is connected and (iv) repairs, maintenance, upgrades, modifications, alternations or replacement of any hardware forming part of the Services or any faults or defects of whatever nature in such hardware.

8.3. The subscriber shall defend Trudon against any claim against which Trudon is indemnified in terms of clause 9.2 and elsewhere in the Trudon Hosting Terms ("indemnified claim") and pay any and all costs, damages and expenses (including attorneys fees on the attorney and own client scale) finally awarded against Trudon by a court of competent jurisdiction or agreed to in a written settlement agreement signed by the subscriber or Trudon directly arising out of such indemnified claim.

9. Suspension of the Services

9.1. Trudon is entitled to temporarily suspend its obligations in terms of Trudon's Hosting Terms (i) in order to give effect to the provisions of clauses 8.3 and/or 9.3, (ii) in order to service, repair, maintain, upgrade, modify, alter, replace or improve any of the Services and/or (iii) where third parties have alleged that the subscriber has engaged in unlawful activities arising from or connected to the Services.

9.2. Where circumstances permit, Trudon will use its best endeavours to provide prior notice of any such suspension to the subscriber and Trudon shall not be liable for any loss or damage of whatever nature incurred or suffered by the subscriber arising from or in connection with or from any cause whatsoever as a result of such suspension.

10. Force Majeure

10.1. On the happening of a Force Majeure Event, any delay or failure in performance or breach by Trudon occasioned thereby or resulting there from will not be deemed to be a breach of Trudon's Hosting Terms by Trudon, nor shall it subject Trudon to any liability whatsoever.

10.2. For purposes of clause 12.1, a "Force Majeure Event" means any act of God, of public enemy, fire, explosion, earthquake, perils of the sea, flood, storm or other adverse weather conditions, war declared or undeclared, civil war, revolution, civil commotion or other civil strike, riot, blockage, embargo, sanctions, epidemics, act of any Government or other authority, compliance with Government orders, failure of any supplier of electricity, including Eskom, and telecommunications infrastructure and/or telecommunications lines provided by any third party, including, but not limited to, the Telkom Limited group of companies, or any circumstances of like or different nature beyond Trudon reasonable control.

11. General

11.1. Whole Agreement: The Agreement, together with the other documents making up Trudon's Hosting Terms constitutes the entire agreement between the Parties in respect of the subject matter hereof and neither Party shall be bound by any undertakings, representations, warranties or promises not recorded in the Agreement.

11.2. No Variation: No variation or consensual cancellation of the Agreement and no addition to the Agreement shall be of any force or effect unless reduced to writing and signed by the Parties or their duly authorised representatives.

11.3. Waiver: No waiver of any of the terms and conditions of the Agreement will be binding or effectual for any purpose unless expressed in writing and signed by the Party hereto giving the same, and any such waiver will be effective only in the specific instance and for the purpose given. No failure or delay on the part of either Party hereto in exercising any right, power or privilege hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.

11.4. Severability: Should any of the terms and conditions of the Agreement be held to be invalid, unlawful or unenforceable, such terms and conditions will be severable from the remaining terms and conditions, which will continue to be valid and enforceable. If any term or condition held to be invalid is capable of amendment to render it valid, the Parties agree to negotiate an amendment to remove the invalidity.

11.5. Applicable Law: The Agreement will be governed by and construed in accordance with the law of the Republic of South Africa and all disputes, actions and other matters relating thereto will be determined in accordance with such law.

11.6. Survival: Notwithstanding termination of the Agreement, any clause, which, from the context, contemplates ongoing rights and obligations of the Parties, shall survive such termination and continue to be of full force and effect.

12. TRUDON'S SPECIFIC TERMS AND CONDITIONS

13. Interpretation and Definitions

13.1. Unless the context clearly indicates to the contrary, any term defined in the General Terms shall, when used in these Specific Terms, bear the same meaning as defined in the General Terms.

13.2. Unless the context clearly indicates to the contrary, the following words will have the meanings assigned to them in this clause:

13.2.1. "Abusive Content" means content which Trudon considers to be defamatory, discriminatory, obscene, lewd, offensive, threatening, abusive, harassing, harmful, hateful, as hate speech, or which contains child, explicit or violent pornography, content which may be harmful to minors, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person's rights, regardless of whether such content is accessed, transmitted, propagated, distributed, created or stored in a public or private context;
13.2.2. "Domain Name/s" means the domain name or names that is/are the subject of the Domain Services;
13.2.3. "Domain Services" means the Services Trudon renders to the subscriber in respect of the Domain Name/s as set out in these Special Terms;
13.2.4. "Email" means the Services Trudon renders to the subscriber of (i) an email box provided by Trudon to the subscriber on Trudon's systems, which includes an email address and/or aliases to such email address from time to time and (ii) best endeavours virus protection and filtering for unsolicited commercial email (SPAM);
13.2.5. "General Terms" mean the terms and conditions governing the contractual relationship between the Parties, duly supplemented by the Specific Terms;
13.2.6. "Harmful Code" means any computer code which (i) is designed to disrupt, disable, harm, or otherwise impede in any manner the operation of any software, hardware or network (generally referred to as "viruses", "Trojan horses" or "worms"), (ii) would disable any software, hardware or network or impair in any way its operation based on the running out of a period of time, exceeding an authorised number of copies, advancement to a particular date or other numeral (generally referred to as "time bombs", "time locks", or "drop dead" code), (iii) would permit any person to access any software, hardware or network of any other person without consent (generally referred to as "trap", "access code", "back door" or "trap door" codes) and (iv) any other similar harmful, malicious or hidden procedures, routines or mechanisms which would cause such software, hardware or networks of any person to cease functioning or to damage or corrupt data, storage media, programmes, equipment or communications, or otherwise interfere with operations;
13.2.7. "Location" means Trudon's partner Data Centres situated in Cape Town & Johannesburg as well as in Germany and/or any other address indicated by Trudon from time to time;
13.2.8. "Misrepresentation" by a Customer includes (without limitation) (i) actions designed to deceive, mislead, defraud or otherwise make incorrect representations to any person regarding any fact or circumstance, (ii) impersonating or attempting to impersonate or otherwise misrepresenting your identity to any person for whatever purpose, (iii) altering the content of communications received by you and thereafter forwarding same to others without indicating the nature of the alterations and (iv) forging or otherwise manipulating origination details and data on any electronic data message generated by the Server with a view to disguising or deleting the origin of anything posted or transmitted including, without limitation, the use of "Socks Proxies", "EZBounce", "Vhosts", "BNC's" and/or any other software or hardware methods used to disguise or misrepresent your own IP address;
13.2.9. "Party" and "Parties" mean Trudon (Pty) Ltd;
13.2.10. "Registrar" means the entities referred to in clause 5 or any replacement thereof and/or any other entity who attends to the administration of Domain Names;
13.2.11. "Server" means the computer hardware, machinery and equipment on which the software operates;
13.2.12. "Server Hosting" means the Services as contemplated hereunder which Trudon renders to the subscriber;
13.2.13. "Software" means the operating system and applications provided by Trudon;
13.2.14. "System Abuse" means any conduct which does or may (i) damage, impair, overburden or disable any system of any person (including us) using the Server or Trudon'S hardware, software and network, (ii) interfere with any other person's use of the Internet or of the Server or Trudon'S hardware, software or network, (iii) compromise or tamper with the security of Trudon or any other person's software, hardware, systems, networks or the Server including (without limitation) spamming and mass messaging, the use of software and technologies known as "floodbots", "clonebots", "automated client" ( e.g. "bots", "fserv" or "script"), nuking and nuking tools (e.g."7th Sphere").

14. Undertakings and Acknowledgements

14.1. Trudon undertakes to use its reasonable endeavors to provide the Services to the subscriber on a continuous basis and for the duration of the Agreement with Trudon.

14.2. Although Trudon uses reasonable care and diligence to ensure that the Services are available, accurate, complete, correct, error free, secure, up to date and/or reliable, the subscriber agrees that the Services are rendered "as is" and "as available" and is used at the Customer's own discretion and risk.

15. Terms and Conditions Specific to Hosting of Trudon's system

15.1. Trudon provides Servers, space on shared Servers and hosting of Trudon's service for the subscriber to provide to its clients, together with web services and email facilities for web sites controlled by individuals or companies that do not have their own web servers, as well as mobile service such as SMS, MMS and e-mail.

15.2. The subscriber of Trudon (Pty) Ltd shall not:

15.2.1. make any Misrepresentation;
15.2.2. post, upload or transmit any Abusive Content by means of the Server or through Trudon's information and communications facilities
15.2.3. replicate or store Abusive Content on the Server
15.2.4. perform System Abuse
15.2.5. propagate, distribute or transmit Harmful Code, whether or not damage is actually caused thereby;
15.2.6. access any of Trudon or any third party hardware, software or network without authorisation or through hacking, password mining or any other means; or
15.2.7. help any third party to do any of the above.

15.3. The subscriber agrees that if Trudon, in its sole and unfettered discretion determines that the subscriber has breached any of the above, Trudon shall be entitled to exercise any rights it may have available to it in law, including without notice terminate access to any Services and/or suspend or terminate any Services.

16. Content

16.1. The subscriber acknowledges that Trudon has no knowledge of, nor interest in subscriber content hosted by Trudonor published by the subscriber on Trudon (Pty) Ltd Server, further that Trudon does not in any way contribute or approve such content.

16.2. Notwithstanding this, the subscriber agrees that if Trudon, in its sole and unfettered discretion determines that the subscribers content is in violation of any law (including the Films and Publications Act 65 of 1996) or of the Acceptable Use Policy, it may (i) forthwith request the subscriber to remove such content; and/or (ii) forthwith require the subscriber to amend or modify such content; and/or (iii) without notice terminate access to any Services and/or suspend or terminate any Services; and/or (iv) without notice, delete the offending content; and/or (v) notify the relevant authorities of the existence of such content (if required by law or otherwise), make any back-up, archive or other copies of such material as may be required by such authorities, disclose such elements of the subscriber data as may be requested by such authorities and take such further steps as may be required by such authorities.

16.3. The subscriber further acknowledges and agrees that nothing that Trudon does in the performance of its obligations in terms of the Service shall be construed as an assumption of responsibility or liability by Trudon arising from or in connection with any content as aforesaid. In particular, the limitation of liability in the General Terms shall apply specifically to any loss, destruction or corruption of the subscriber’s data, irrespective of the cause thereof, including Trudon's negligence and any system error or failure, whether foreseen or unforeseen.

17. Terms and Conditions Specific to email

17.1. Trudon shall provide the following email related Services for the subscriber subscribers to Trudon's system subscribers:

17.1.1. Filtering of unsolicited commercial email (SPAM): This is done on a best effort basis, without any guarantees, using appropriate best of breed technologies (e.g. SpamAssassin which is the most widely used open source filtering software);
17.1.2. Virus filtering: This is done on a best effort basis without any guarantees, using appropriate best of breed technologies (e.g. Clam which is a very popular open source solution).
17.1.3. An SMTP (simple mail transfer protocol) server for the sending of outgoing mail;
17.1.4. A POP3 (post office protocol) server for the downloading of incoming mail.

17.2. Trudon shall endeavour to make subscribers email environment secure and reliable.
17.3. The subscriber acknowledges that Trudon shall (i) use its reasonable endeavours to support the setup and configuration and (ii) not be held responsible should there be any incompatibility between Trudon's Systems and any other third party application.

17.4. subscribers shall not use Trudon's Email Service to (i) send messages or communications which are unsolicited, offensive, abusive, indecent or obscene, (ii) send messages causing annoyance, inconvenience or anxiety to other users of the Internet, (iii) send messages for the purposes of fraud and/or with the intention of committing a criminal offence and (iv) use the Email Service in a way which breaches the provisions of the Acceptable Use Policy.

17.5. Trudon shall be entitled to prevent the sending of bulk unsolicited Email, to and/or from a Server where (i) Trudon identifies a Server that has an open mail relay, (ii) a significant volume of Email is sent from a Domain in a defined time scale and (iii) Trudon has received any complaints concerning unsolicited Email originating from a Trudon hosted Domain.

17.6. Trudon shall be entitled to disable a Domain held on Trudon Servers to prevent Trudon IP addresses being blocked by IP address blocking technologies or services, where Trudon has any complaints concerning unsolicited Email originating from or unsolicited Email being sent to promote sites being hosted on a Trudon Server. The Customer of the offending Domain will be obliged to pay any third party costs required to unblock Trudon's IP address. Refusal to do so may result in termination of Trudon hosting services

18. Customer Status

18.1. It is recorded that the Customer may be an incorporated entity (such as a company or close corporation), trust, partnership or individual.

18.2. To the extent that a person enters into the Agreement in a representative capacity on behalf of a Customer who is an incorporated entity or on behalf of an unincorporated entity, or in any other representative capacity recognised in South African law, the Customer hereby warrants that:
18.2.1. such person is legally authorised to do so and indemnifies Trudon against any loss or damage that Trudon may sustain resulting from such person's lack of authority;
18.2.2. all the information relating to the entity, trust, partnership, association or other person who he/she represents and which he/she has supplied to Trudon at any time will be true, accurate and complete.

18.3. Trudon reserves the right to treat all misrepresentations by the Customer or its representative as fraud and such person indemnifies Trudon against any loss or damage that Trudon may sustain resulting from such person's lack of authority.

18.4. If Trudon discovers that the Customer has fraudulently contracted for the receipt of Services or that its representative has contracted without contractual capacity to do so, Trudon will be entitled to terminate Trudon's Hosting Terms and/or Service/s immediately without any further liability to the Customer whatsoever and the Customer shall not be entitled to claim any restitution or refund of any amount already paid, regardless of whether the Customer has used the Services or not.

18.5. The Customer shall, if requested by Trudon, furnish Trudon with sufficient evidence of the authority of the person who shall, on behalf of the Customer, take any action or execute any documents required or permitted to be taken or executed by such person under the Agreement. This would include providing proof of permission to debit from the authorised signatory of the Customer's bank account.

18.6. In the event of a dispute between individuals or entities involved with the Customer (including partners, shareholders, trustees, employees), Trudon shall be entitled to act on the representation of a person claiming to be duly authorised to represent the Customer, without being obliged to obtain independent verification of such authority and the Customer indemnifies Trudon from any action or inaction based on such representation. However, should Trudon, in its sole and absolute discretion, require independent verification of the authority of any individual, the Customer shall provide same in a format reasonably acceptable to Trudon.

19. Terms and Conditions Specific to Domain Names Registration

19.1. Trudon (Pty) Ltd acknowledges that:

19.1.1. all ZA Domain Names registered by Trudon on behalf of subscribers within the .ZA domain name space, or registered by the Customer directly or through third parties are subject to the terms and conditions of the relevant domain name Registry, as such terms and conditions may be amended from time to time;
19.1.2. registration, maintenance, transfer of a Domain Name is subject to the terms and conditions of the relevant Registry operator who allocates and governs such Domain Name and that Trudon cannot guarantee the registration of the Domain Name/s selected by the Customer;
19.1.3. Registrars used by Trudon may change or be replaced from time to time.

19.2. Trudon shall use its best efforts to attend to the registration of a Domain Name or, where applicable, the transfer of an existing Domain Name as soon as reasonably possible after the commencement of the Domain Services. Trudon shall insert its details as the billing and technical contact of the relevant Domain Name/s, unless the Customer registers the domain itself and / or manages the domain record with the Registrar directly.

19.3. For the avoidance of doubt it is recorded that the Domain Name shall not become the property of the subscriber and Trudon shall insert its details as the registrant of such Domain Name/s until the said subscriber has paid the full fee for the 12 month contract , then Trudon will release ownership of said domain to the subscriber.

19.4. The subscriber warrants in favour of Trudon that (i) its is the lawful registrant of the Domain Name/s or it has the consent of the registrant to use such Domain Name/s or it is not prohibited by law or otherwise from registering such Domain Name/s and (ii) in using the Domain Name, it has not violated any Intellectual Property Rights of whatever nature of any person who may lawfully claim title of whatever nature to such Domain Name or to any word or name forming a constituent part of such Domain Name/s.

19.5. The subscriber agrees that Trudon has no interest in the Domain Name/s and agrees that nothing that Trudondoes in the performance of its obligations in terms of the Domain Services shall be construed as an assumption of responsibility or liability by Trudon for attending to the Domain Services.

19.6. The subscriber further acknowledges that:

19.6.1. Trudon does not guarantee that the Domain Name/s requested by the Customer is/are available for registration orthat the use of such Domain Name/s will not infringe any third party rights. Domains are available on a first come, first serve basis and are available either through Trudon or directly with a Registrar. Should the Customer register a domain through Trudon, and provide incomplete or inaccurate information which will lead to a delay in the registration process, and the domain is subsequently taken by someone else, Trudon shall not be held responsible.
19.6.2. Trudon is not a Domain Name provider, but merely a third party agent acting on the subscribers instructions, to the extent that those instructions are possible and lawful,
19.6.3. the registration of the Domain Name/s and its/their future availability and use are subject to the terms and conditions of use of the relevant Domain Name Registry,
19.6.4. Trudon charges an additional fee for the administrative processes involved in applying for, and where applicable, maintaining the registration of a Domain Name/s on behalf of the subscriber and
19.6.5. any Service Fees incurred in the process of applying for, renewal and maintenance of registration of the Domain Name/s shall be borne exclusively by the subscriber and are not refundable.

19.7. The subscriber further acknowledges that any Internet Protocol (IP) address allocated by Trudon to the subscriber, shall at all times remain the sole property of Trudon who grants the subscriber a non-exclusive, non-transferable license to use such Internet Protocol address for the duration of Trudon's system Term.

19.8. Without limiting the generality of Trudon's Hosting Terms and the Acceptable Use Policy, the subscriber hereby indemnifies Trudon and holds it harmless against any liability and/or claim of whatever nature made by any person for any loss or damages suffered or arising directly or indirectly from the use, display and/or publication of the Domain Name/s.

20. Changes to the Domain Name

20.1. The subscriber agrees that Trudon shall not be entitled to cancel, transfer or otherwise make changes to the Domain Name/s, including transferring registration of the Domain Name/s from the registered holder to another person or entity without being in receipt of:

20.1.1. written instructions from the subscriber or its authorised agent to take such action;
20.1.2. written instructions from the liquidator of an incorporated or unincorporated business, where the business has been wound up, whether provisionally or finally, whether compulsory or voluntary, to do so;
20.1.3. a written and valid resolution of the members/shareholders/trustees of a close corporation/company/trust authorising the transfer of the domain name from the close corporation/company/trust to the new registrant;
20.1.4. a written consent signed by all the partners in a partnership where a partner requests that the Domain Name be transferred to him/her/it;
20.1.5. a letter from the executor where the registrant of the Domain Name has died requesting that the Domain Name be transferred to a named entity;
20.1.6. an order of Court in relation to any of 5.10.1 to 5.10.5; or
20.1.7. being in receipt of an order of an Arbitration Tribunal of competent jurisdiction requiring such action in any administrative proceeding to which the Customer is a party and which was conducted under the Uniform Dispute Resolution Policy adopted by ICANN, the Alternate Dispute Resolution Regulations applicable in South Africa or any similar proceedings in any other ccTLD or gTLD (see clause below).

21. Default in respect of the Domain Service

21.1. Should a subscriber fail to pay Trudon for the registration of any Domain Name/s, renewals, updates or changes thereto or any other charges relating to the administration of the domain, Trudon shall be entitled, in its sole and absolute discretion to (i) exercise a lien over such Domain Name/s until such time as the relevant costs or charges have been paid,  (ii) procure or allow the suspension, termination or deletion of the Domain Name/s; and/or (iii) transfer the Domain Name/s.

22. Termination of the Domain Service

22.1. Should the Domain Service be terminated for any reason whatsoever, Trudon shall, without incurring any liability of whatever nature and without limiting the generality of the Trudon Hosting Terms, be entitled to notify the relevant Registrar and/or Registry of such termination and to instruct such Registrar and/or Registry to remove Trudon and/or any of its systems as the host of the Domain Name/s even if no replacement is available.

22.2. In the event that any of the Registrars and/or Registries amend, suspend or terminate its provision of a Domain Service or any other aspect of its services upon which Trudon depends for the provision of the Domain Service to the subscriber, Trudon will use reasonable endeavours to ensure the continuance of the Domain Service. In the subscriber or any other third party for any loss or damages (as contemplated in Trudon's Hosting Terms) incurred by the subscriber or by any third party arising from, or in any way relating to, the termination of the Domain Services.

23. Domain Name Disputes

23.1. Various alternate dispute resolution mechanisms apply in respect of domain names registered globally, including the Uniform Dispute Resolution Policy adopted by ICANN for certain gTLDs, the Alternate Dispute Resolution Regulations applicable in South Africa and similar proceedings in other ccTLDs. Such mechanisms allow for the resolution of disputes concerning the registration and/or use of a domain name.

23.2. Disputes between the Customer and any third party regarding the registration and/or use of the Domain Name/s registration may be brought in terms of such alternate dispute resolution mechanisms and/or a Court or Arbitration Tribunal that may be available to the Customer and such third party.

23.3. Trudon will not participate in any way in any dispute between the subscriber and any third party. In the event of the subscriber involving Trudon in any dispute, the subscriber hereby furnishes Trudon with the indemnity as provided for in General Terms. It is specifically recorded that the subscriber shall be responsible for all legal costs incurred by Trudon or the attorney.

24. PRIVACY POLICY

25. Introduction

Unless the context clearly indicates to the contrary, any capitalised term in this Privacy Policy shall bear the same meaning as defined in Trudon's General Terms .

2. Compliance with Applicable Law

Protecting the subscribers privacy is of utmost importance to Trudon. Accordingly, Trudon has developed this Privacy Policy in order to safeguard the subscribers personal information and to protect the confidentiality thereof. In so doing, Trudon has taken cognisance of the provisions of the Constitution of the Republic of South Africa Act, 108 of 1996, the Electronic Communications Act, 25 of 2002 and the Protection of Personal Information Bill of 2006 (currently before the South African Law Commission) and the common law so as to ensure compliance with all relevant statutory requirements and best practice under South African law.

3. No Liability for Unauthorised Disclosure

While Trudon will do all things reasonably necessary to protect the subscribers rights of privacy whilst on Trudon's system, Trudon cannot accept any liability whatsoever for unauthorised or unlawful disclosure of the subscribers personal and confidential information made by third parties who are not subject to Trudon's control.

4. Cookies

Trudon use cookie technology which comprises tiny pieces of data or a small text file that is stored a subscribers computer's hard drive and which contains information about tyhe subscriber, so that the next time the subscriber visit the Trudon system, the cookie reminds us of who the subscriber is, enabling us to achieve our goal of providing a valuable online experience to the subscriber.

5. Subscriber Data

The Subscriber Data collected by Trudon is used solely in connection with granting the subscriber access to Trudon's system, and for purposes of monitoring the subscriber’s use of the website so as to limit or prevent breaches of security.

26. Commencement and Duration

26.1. The application form submitted by the Customer to Trudon will be treated as an offer by the Customer to make application for the Service/s. The Customer's offer shall only be deemed to have been received by Trudon once this has been confirmed to the Customer by Trudon. Although the Website is configured to confirm receipt of any offer ("Confirmation"), technical or other problems may delay or prevent such Confirmation. The Customer should contact Trudon if it does not receive Confirmation from Trudon shortly after having sent the offer. Confirmation shall not mean that a transaction has been concluded. It merely serves to confirm that the application has been received by Trudon. Confirmation is deemed to have been sent by Trudon as soon as this is reflected in Trudon log files.

26.2. Trudon's Hosting Terms shall commence and become binding on the Customer with effect from the Commencement Date.

26.3. Trudon's Hosting Terms shall endure for an indefinite period until terminated in terms of the provisions of clause 14 below.

27. Service Fees

27.1. All Service Fees payable by the Customer in terms of Trudon's Hosting Terms for Services are payable in advance.

27.2. The Service Fees shall be payable either on a monthly, quarterly, bi-annual or annual basis as specified on the Website and are calculated in accordance with the rate schedule on the Website.

27.3. The Service Fees shall be paid by way of debit order and the Customer hereby authorises Trudon to effect the necessary transfers from the Customer's designated bank account at the beginning of each and every month for the continued duration of Trudon's Hosting Terms. The Customer shall ensure that the debit order is in place within seven (7) days of the Commencement Date. A rejected debit order will accrue a handling fee of R50,00 per rejection.

27.4. The Customer shall only be entitled to pay cash for the Services in circumstances where the Service Fee is payable on an annual basis. This would exclude any incremental over-usage charges.

27.5. Where the Customer's use of any service commences during a month rather than at the start of that month, the Customer will be charged on a pro rata basis for those Services provided during that month.

27.6. Trudon reserves the right to amend or vary the Service Fees from time to time and any amendment or variation of such Service Fees will be deemed to be an amendment of Trudon's Hosting Terms. In the event that Trudon does amend its Service Fees, it will give the Customer at least thirty (30) days prior notice of such amendment to the Service Fees. If the Customer objects to any amended or varied Service Fees which affect it, it shall be entitled to terminate its relationship with Hetzner upon the terms and conditions set forth in clause 14.1 below.

27.7. The Customer acknowledges that it is not entitled to withhold any payment of any Service Fees due to Trudon by reason of any alleged breach of Trudon's Hosting Terms by Trudon or for any other reasons whatsoever. In addition, the Customer acknowledges that it is not permitted to apply set-off to or demand any discount, refund or reduction in respect of any Service Fees owed to Trudon.

27.8. The Customer acknowledges that the Service Fees stipulated are inclusive of value added tax. Should any alterations to the Value Added Tax Act, 89 of 1991 be gazetted or promulgated during the duration of the Hetzner Hosting Terms, resulting in a high level of Value Added Tax being attracted to any payment due under the Hetzner Hosting Terms, such increased Value Added Tax shall be borne by the Customer.

27.9. In the event of a dispute arising between the parties, the Customer shall be obliged to continue paying the Service Fees as and when they become due and payable in terms of Trudon's Hosting Terms.

27.10. The Customer may terminate the Service within:
27.10.1. seven (7) days after the Commencement Date should the Customer decide not to continue subscribing for the Service/s; or
27.10.2. within thirty (30) days after the Commencement Date should Trudon fail to meet the service levels for hosting services and e-mail services as specified in the Specific Terms,

28. provided that the Customer's right to terminate shall be exercised by notice from the Customer to Trudon transmitted via e-mail to  billing@tds.co.za In the event of the Customer terminating the Service for the aforesaid reasons, the Customer shall be entitled to a refund of any Service Fees. Trudon shall not, however, be obliged to refund the Customer with any third party costs already incurred by Trudon directly or indirectly as a result of the initial request for the Service. The Customer remains responsible for any third party costs.

29.8. Accurate and Up To Date

Trudon will use its best endeavours to keep the subscriber information it collects as accurate, complete and up to date as is necessary for the purposes mentioned in clause 5 above, and Trudon shall, from time to time, request the subscriber to update its personal information on the website . Subscribers are able to review or update any personally identifiable information that is held on the subscriber by accessing the subscribers account or by e-mailing us or phoning us. Please note that in order to better protect the subscriber and safeguard their personal information, we do take steps to verify the subscribers identity before granting the subscriber access to their account or making any corrections to their personal information.

30.Security

Trudon uses encryption, firewalls and other security technology and procedures to help protect the confidentiality of your subscribers personal information and prevent unauthorised access or improper use thereof.

Our business is continually evolving and as such we reserve the right to change our Terms and Conditions when necessary. It is your responsibility to ensure that you the customer are up to date with all of our T&Cs. We will notify Customers of any significant changes we feel they need to be made aware of.

INFORMATION

On this website we provide information about our company generally and for purposes of the ECT Act.
The ECT Act states that when we offer goods or services by way of certain electronic transactions, we must make the
following information about us available to customers on websites where the goods or services are offered:
Full name: yellowpagesweb.co.za
Main business: Online ISP and MOBILE SP
Address for receipt of legal service: unit 11 Forssman close midrand
Website: http://www.yellowpagesweb.co.za
Official email address: support@yellowpagesweb.co.za

© yellowpagesweb.co.za 2007
A COPY OF THE ECT ACT MAY BE DOWNLOADED FROM: www.info.gov.za/gazette/acts/2002/a25-02.pdf