Realm Digital is an internet solutions service provider and its services are provided to its clients (You; Your) subject to compliance with the following terms and conditions (this Agreement). Use of Realm Digital’s Services indicates Your acknowledgement that You have read and understood this Agreement, and that You agree to be bound by it.
1. Commencement, term and termination
1.1 This agreement shall be deemed to have been concluded in Cape Town, South Africa, by Realm Digital’s acceptance of Your offer on the terms and conditions as provided in this Agreement.
1.2 This Agreement shall commence on the date that the provision of the Services are first made available to You, and shall endure for an indefinite period thereafter, on the same terms and conditions as set out in this Agreement, until terminated by either Party giving the other Party 30 days prior written notice.
1.3 By making use of the Services, You acknowledge that You have read, understood, and agree to be bound by this Agreement.
2. Billing and development
2.1 All quotations are valid for 30 days only and all pricing subject to change.
2.2 Unless stated, all prices are VAT exclusive.
2.3 It is the policy of Realm Digital to only schedule new projects upon receipt of a 50% project deposit and a signed work order, unless agreed, prior to project commencement. It is the client’s responsibility to ensure that Realm Digital receives proof of payment in order to schedule the project.
2.4 Notwithstanding anything to the contrary, ownership of any goods or facilities installed or otherwise provided by Realm Digital to You, will vest in Realm Digital or the supplier thereof, until such time as the full purchase price has been paid, without any form of deduction or set off.
3.1 Hosting, Support, Monitoring, Server Management (Service; Services) charges are provided either on a monthly or an annual basis.
3.2 Services are billed on a monthly or annual basis with fees payable in advance by You to Realm Digital.
3.3 Should You choose to pay via debit order, a valid debit order must be submitted to Realm Digital within 7 days of Your placing an order for the Services. A rejected debit order will accrue an additional handling fee of R20 per rejection.
3.4 Please note that payment by cheque will not be accepted.
3.5 It is the policy of Realm Digital to only provide Services, in the case of monthly Services, once You have authorized a valid debit order, and in the case of annual Services, upon receipt of Your payment.
3.6 Realm Digital shall be entitled to suspend provided Services on non-payment of applicable charges which are due and payable by You.
3.7 In the event of a legal dispute between the Parties, You will be obliged to continue paying the Service charges as they become due and payable in terms of this Agreement.
3.8 Realm Digital reserves the right to adjust Service charges at their sole discretion. A change in charges will be effective upon the lapse of the 30 (thirty) days prior notice and will be recovered from you as soon as possible thereafter.
4. Refund policy
4.1 Realm Digital will offer a refund for the Services rendered if Your written request for termination is received within 7 days of its receipt of Your initial order. The onus is on You to ensure that Realm Digital receives Your termination request.
4.2 Any cost(s), which Realm Digital may have incurred as a result of the initial order are non-refundable. Such items include, without limitation, website development and design, domain name(s) registrations, man-hours, bandwidth fees.
4.3 Refunds will be made by electronic bank transfer to a legitimate bank account. If You have any questions regarding our refund policy please call (+27) 21 975 0595, or e-mail Your question to email@example.com.
5. Use and security of your account
5.1 Realm Digital reserves the right to cooperate with any lawful investigation regarding any aspect of Your use of the Services.
5.2 Any use of the Services to engage in software piracy or other violations of law will result in account suspension, and will be immediately reported to the appropriate authorities.
6. User Code of Conduct and Prohibited Activity
6.1 The Services may only be used in accordance with this Agreement, and for lawful purposes. Use of the Services which violates this Agreement, or any applicable laws, is strictly prohibited.
6.2 You undertake to adhere to systems and acceptable use policies as published online by Realm Digital (which may be amended from time to time), including restrictions on aspects of the Services associated with each account type, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of the Services at Realm Digital. Continued use of Realm Digital’s services following such an amendment will constitute an acceptance of such policies.
6.3 You understand and acknowledge that by using the Services to make information available via the Internet or any of its protocols, such information may become available to all Internet users and that Realm Digital assumes no obligation or liability in limiting or restricting access to such information, or protecting such information from infringement. This subsection is subject to the provisions contained in subsection 8.3 of this Agreement.
6.4 You assume total responsibility and risk for Your use of the Services and the Internet. It is Your sole responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, products and services, and any other information, and the quality of all merchandise provided through Realm Digital or on the Internet generally.
7. While using the Services, You may not, nor may You authorize or permit any third party to knowingly and intentionally:
7.1 including the Electronic Communications and Transactions Act 25 of 2002;
7.2 Post, access or transmit any unlawful information (including without limitation abusive, defamatory, obscene, or like infringing information of any kind; any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any national or international law, including without limitation laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws);
7.3 Post, publish, transmit, reproduce or distribute any information or software which contains a virus or other harmful component;
7.4 Post, publish, transmit, reproduce, distribute or in any way exploit any information, software, or other material obtained through the Services for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material); You may only use the content in the manner in which it is permitted to be used by the owner of that content;
7.5 Cause damage to or otherwise interfere with the proper operation of Realm Digital systems, including without limitation the fraudulent use, falsification or other circumvention of identification procedures, the obtaining access beyond that which You are authorised for, or impairing the availability, reliability, or quality of Realm Digital’s Services to other clients;
7.6 Cause damage to or otherwise interfere with the proper operation of any other information systems accessible via the Internet, including any attempt at unauthorised access of restricted forums or resources;
7.7 Avoid or contravene the Acceptable Use Policy of any network or service You connect to via the Internet; or
7.8 Make use of the Services for the transmission or facilitation of spam (which may be declared so by Realm Digital in its sole and unfettered discretion, following an investigation into Your use of the Services for qualities including the transmission or facilitation of the transmission of information which is characterized as being unsolicited (whether of not being of a commercial or promotional nature), or where a single or similar message is transmitted or facilitated in bulk, and considered to be an annoyance or hindrance to others), whether by email, Usenet postings, or any other communication mechanism relying on the Services.
7.9 Any breach of this clause will constitute a material breach of this Agreement, and shall, without derogating from any other right of recourse available to it, entitle Realm Digital to immediately suspend the Services.
8.1 You undertake to only use the Services, any customer-premises hardware and any associated software (where applicable) provided by Realm Digital in accordance with Realm Digital or supplier instructions and/or software license in effect from time to time. Failure to adhere with these instructions will be at Your own risk.
8.2 You undertake at all times to acquaint Yourself with and abide by applicable legislation and regulation, and accordingly indemnify Realm Digital against any and all damages or loss occasioned by Your non-compliance hereof.
8.3 Realm Digital undertakes to take reasonable care at all times to ensure that all Services (as well as activities associated with delivering such Services) and any associated software (where applicable) provided by Realm Digital will adhere to the appropriate industry standards.
9. Domain names
9.1 You hereby confirm and warrant that You are the owner of, or are otherwise authorised or entitled to use a trade or service mark associated with any domain name(s) used or applied for and used in conjunction with the Services.
9.2 You warrant that Your application for, and where applicable, use, of a domain name(s), in connection with the Services, will not infringe the rights of any other person(s), whether in statute or at common law.
9.3 You indemnify Realm Digital and hold it harmless against any and all claims or losses arising out of any action brought by a third party whose rights in respect of a logo, business name or trade mark have been infringed by You.
9.4 If You request that Realm Digital registers domain name(s) for and on Your behalf, You acknowledge that:
9.4.1 Realm Digital does not guarantee that the domain name(s) you request is/are available for registration, or that the use of such domain name(s) will not infringe any third party rights;
9.4.2 Realm Digital is not a domain name provider, but a mere third-party agent acting on your instructions, to the extent that those instructions are possible and lawful;
9.4.3 The registration of the domain name(s) and its/their future availability and use is subject to the terms and conditions of use of the domain name(s) provider;
9.4.4 Realm Digital charges an additional service fee for the administrative processes involved in applying for, and where applicable, maintaining the registration of a domain name(s) on Your behalf;
9.4.5 The registration and maintenance of the use of the domain name(s) may be subject to Alternate Dispute Resolution procedures here and internationally, and you acknowledge that Your rights in and use of the domain name(s) may be subject to the determinations of juristic Panels constituted in accordance with the terms and conditions of such procedures, and
9.4.6 Any fees and associated charges incurred in the process of applying for, renewal and maintenance of registration of the domain name(s), including any administrative work performed by Realm Digital following a dispute to the domain name(s) are for Your account, and are non-refundable.
9.5 Any Internet Protocol (IP) address allocated by Realm Digital to You shall at all times remain the sole property of Realm Digital, and You will have a non-exclusive, non-transferable license to use such IP address for the duration of this Agreement.
9.6 If this Agreement is terminated, for whatever reason, Your license to use the IP address shall immediately, automatically, and without prejudice, terminate.
10. Discontinuance of services, monitoring, notification
10.1 Realm Digital reserves the right to refuse or discontinue all or part of the Services at its sole discretion if You engage in any conduct or activity that Realm Digital in its sole discretion believes violates any of the terms and conditions in this Agreement, or is detrimental to its interests here under.
10.2 You acknowledge that Realm Digital has the right to monitor Your use of the Services from time to time in accordance with applicable legislation, and to disclose any information as is necessary in compliance with the law.
10.3 We monitor our hosting facilities, but not Your specific activities. Where we have to intercept communications in accordance with the Regulation of Interception and Provision of Communication-Related Act, 70 of 2003 (“the Monitoring Act”), we will do this according to the requirements of the Monitoring Act.
With specific regard to the monitoring of content that is found on a website that belongs to You and which is hosted by Realm Digital, we have no knowledge of, nor interest in, Customer content hosted by us or published by us on Your behalf using the Services and further we do not in any way contribute to or approve the content.
If however we determine that any content is in violation of any law (including the Films and Publications Act 65 of 1996) or of the Acceptable Use Policy, or if we receive a takedown notice from ISPA, as contemplated in section 77 of the Electronic Communications and Transactions Act 25 of 2002, we may:
- ask You to remove, amend, or modify the content;
- terminate access to any Services or suspend or terminate any Services without notice;
- delete the offending content without notice;
- notify the relevant authorities of the existence of any content, make any back-up, archive, or other copies of any content; or
- take any further steps as required or requested by any authorities without notice.
We may disclose any content, material, or data (including any of your data) if:
- required by law;
- lawfully asked to do so by any authorities, including the South African Police Services pursuant to a subpoena under section 205 of the Criminal Procedure Act 51 of 1977; or
- according to a judicial, administrative or governmental order. We do not have to give you notice.
You will have no recourse against Realm Digital if we act under this clause and You accordingly waive Your right to make any claim or demand or to institute any legal proceedings against Realm Digital.
10.4 Realm Digital shall have no obligation, on discontinuation of provision of the Services, to notify any third-party providers of services, merchandise or information, nor shall it be liable for any consequences resulting from such discontinuance or lack of notification.
11. No warranties
11.1 Other than as set out in this Agreement, Realm Digital, its employees, and agents make neither express nor implied warranties or representations of any kind in respect of the Services, including without limitation warranties of title, non-infringement, or implied warranties of merchantability or fitness for any particular purpose. The Services are provided on an “as is” and “as available” basis. All warranties that are implied or residual in common law are hereby expressly excluded.
11.2 Without limitation to the generality of the above clause, Realm Digital does not warrant that the Services available to You:
11.2.1 will be preserved or sustained in their entirety;
11.2.2 will be suitable for any purposes;
11.2.3 will be free of errors, defects, bugs or viruses of any kind;
11.3 and Realm Digital assumes no liability, responsibility or obligation with regard to any of the exclusions as set out in this clause. This subsection is subject to the provisions contained in subsection 8.3 of this Agreement.
12. Exclusion of liability
12.1 Under no circumstances shall Realm Digital be liable to You or any third party for any direct, indirect, special, punitive, consequential or incidental loss or damage (including without limitation damage to property, business, or goodwill, or loss of profit, revenue or anticipated savings) that result directly or indirectly from Your use of or inability to use the Services, or for third parties’ use of the Services, or Your or any third parties’ reliance on or use of information, services, or products provided together with, on or through the Services, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.
12.2 Subject to the above clause, the entire liability of Realm Digital, and Your exclusive remedy for damages related to or arising from this Agreement, whether in contract or in delict, will not exceed the average aggregate of the charges paid by You to Realm Digital during the 3 months directly preceding the claim.
12.3 Realm Digital reserves the right from time to time to suspend access to or provision of the Services for maintenance and repair work to its systems and infrastructure. In such instances and where possible, Realm Digital shall endeavor to provide due notice in advance of any restriction of or limitation to the Services. Any liability for any loss or damage arising from such restriction or limitation, whether direct or consequential, is hereby excluded, and the provisions of the first Exclusion of Liability clause above shall apply with the necessary changes to such restriction or limitation.
13.1 You agree, without limitation or exception, to indemnify, defend, and hold harmless Realm Digital from any and all liability, penalties, losses, damages, costs, expenses, attorneys’ fees (on an attorney-and-own-client costs scale basis), causes of action or claims caused by or otherwise resulting indirectly from Your use of the Services which causes damage, either to You, Realm Digital, or any other third party.
13.2 This indemnification extends to all issues associated with Your account, including but not limited to domain name(s) selection and website content.
14. Client information, financial information, and right of use
14.1 You warrant that all information provided by You to Realm Digital, including without limitation all Your identification and contact information, is true and correct, and that should such information change, You will notifyRealm Digitalthereof within 30 days of such change.
14.2 You further warrant that You are the authorised user of any financial information provided (including without limitation any current account or credit card information) provided to Realm Digital, and that Realm Digital has the right to investigate and pursue any possible fraudulent use thereof.
15. Virus scanning, spam filtering, permanent deletion and backup of data
15.1 Your use of the services is at your sole risk. Realm Digital is not responsible for the security or integrity of any information stored with Realm Digital and associated with your account. This subsection is subject to the provisions contained in subsection 8.3 of this Agreement.
15.2 You undertake full responsibility for the integrity of all files and information communicated via the provided services. This subsection is subject to the provisions contained in subsection 8.3 of this Agreement.
15.3 You acknowledge that, upon the termination of this agreement for whatsoever purpose, Realm Digital shall be entitled to permanently remove your information from its servers within a reasonable period, following notice to you. If you have not made alternative arrangements acceptable to Realm Digital for the safe transfer or further storage of your information, Realm Digital accepts no liability for the permanent deletion thereof.
15.4 As a responsible party facilitating access to the internet and associated protocols, Realm Digital has a virus scanning and spam filter activated by default. In the unlikely event that “false positives” (a legitimate message mistakenly marked as spam) occur, Realm Digital will not be held liable for any direct, indirect or consequential loss, should legitimate information incorrectly be identified as spam or a virus, and filtered out, and the provisions set out in clause 1 of the exclusion of liability provision above will apply, with the necessary changes.
16. Intellectual property
16.1 You acknowledge that, by virtue of this Agreement, you acquire no interest or any other right in the Intellectual Property of Realm Digital or its affiliates, and that all such Intellectual Property is and shall remain the exclusive property of the Party to which it belongs.
16.2 If You become aware of any actual, threatened or suspected infringement of such Intellectual Property, You undertake to immediately notify Realm Digital thereupon in writing.
17.1 Choice of Law, Jurisdiction: This Agreement shall be governed in all respects by the laws of the Republic of South Africa. Both Parties consent to the non-exclusive jurisdiction of the Magistrates Court, with regard to any proceedings in connection with the Agreement, but You acknowledge that Realm Digital shall be entitled to institute proceedings in the High Court of South Africa.
17.3 Pre-Contractual Negotiations: This Agreement supersedes any written, electronic, or oral communication You may have had prior to the conclusion of this Agreement with Realm Digital, or any agent or representative thereof, and this Agreement constitutes the complete and total Agreement between the Parties. Any Agreement entered into subsequent to this Agreement will form an Addendum to this Agreement.
17.4 Acting as Principal: Each Party warrants that, in entering into this Agreement, it acts as a principal and not as an agent for any undisclosed principal.
17.5 Domicilium Citandi Et Executandi: The Parties choose their addresses as provided for the purposes of this Agreement as their respective addresses for all purposes, including without limitation for the delivery of notices. Each Party shall be entitled to vary its address in writing to the other Party. Any communication shall be deemed to have been received on the 7th day following despatch thereof. Notwithstanding anything to the contrary, a communication actually received by a Party shall be adequate notice, notwithstanding that it was not sent to the other Party’s chosen address.
17.6 Unilateral Amendment: Realm Digital shall be entitled to unilaterally amend the terms of this Agreement insofar as they relate to the applicable charges from time to time. Realm Digital will give reasonable notice and such amendment will take effect after the lapse of the notice period. Further, Realm Digital shall be entitled to unilaterally vary the terms of this Agreement upon a change in the law as it applies to the telecommunications sector in general, in order to continue to offer its Services to all then current clients.
17.7 Realm Digital has full consent to add the Realm Digital badge to any website that is developed, maintained, hosted and supported by Realm Digital. It will be included in the footer, and will not interfere with the rest of the website’s design or functionality.