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Terms & Conditions

 

1

Gigabyte Technologies t/a Alberton (hereinafter referred to as "Alberton"), is a privately owned close corporation of South Africa.

 

2

Alberton will host your business listing for you, the purchaser (hereafter referred to as the "Account Holder"), for the period of time (the Term) corresponding with the payment plan chosen by the Account Holder.

 

3

The Account Holder agrees to an online, paperless subscription and acknowledges that all the information that is submitted online is true and correct

to the best of their knowledge. The Account Holder agrees that the act of submitting the order form online is in lieu of their signature.

 

4

The Account Holder agrees to receive the Alberton Newsletter which forms part of either the FREE or any other business listing.

 

5

The Account Holder acknowledges that the service furnished, rates and charges have been communicated to the Account Holder. The Account

Holder is aware that Alberton reserves the right to change the specified rates and charges from time to time.

 

6

The terms & conditions for our free subdomain name offers are plain and simple. We will host the subdomain name for 1 year on your behalf for a minimal fee.  The webdesign is not included in the subdomain.

 

7

Alberton will never require clients to advertise for Alberton on their website in any way shape or form unless agreed upon such as a non-profit organization receiving complimentary hosting. Clients are allowed to use the service for business/commercial or personal websites or content.

 

8

Alberton reserves the right at its sole discretion to refuse or cancel a service. Violation of any of Alberton Terms and Conditions could result in a

warning, suspension, or possible account termination.

 

9

Alberton may temporarily deny service or terminate this Agreement upon the failure of Account Holder to pay charges when they become due.

 

10

The Account Holder hereby acknowledges 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. In no event shall Alberton be liable to the Account Holder for any damages

resulting from or related to any failure or delay of Alberton in providing access to the internet under this Agreement. In no event shall Alberton

be liable to the Account Holder for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the

performance or breach thereof. The terms of this section will survive any termination of this Agreement.

 

11

The Account Holder acknowledges that Alberton will not be liable for any loss of use, interruption of business, or any indirect, special, incidental,

or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, delict, or otherwise which may

be suffered as a result of or which may be attributable, directly or indirectly, to the use and/or registration of the Alberton website.

 

12

The Account Holder agrees not to harm Alberton, its reputation, computer systems, programming and/or other persons using Alberton` services.

 

13

Alberton will not change passwords to any account without positive written proof of identification. Under no circumstances will the account be put on hold until a personal crisis e.g. breakup, divorce etc. are resolved. Alberton will under no circumstances be held liable for any losses incurred by Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless Alberton from any and all claims arising from such ownership disputes. The terms of this section will survive any termination of this Agreement.

 

14

Any disputes will be attempted to be handled by the parties in of cooperation and with a problem-solving mindset, without formal proceedings.

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 the business region of Alberton 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.

 

15

This Agreement constitutes the entire agreement between the Account Holder and Alberton with respect to the Alberton services and supersedes

all prior agreements between the Account Holder and Alberton. By signing up on the website, you agree that an Agreement exist and that it was

done electronically.  This Agreement supersedes all representations made to the Account Holder. Alberton` 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.

 

16

Material accessible to you through Alberton Services may be subject to protection under the South Africa (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the Alberton Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Alberton Network. If you use a domain name in connection with the Alberton Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

 

17

Alberton will not be held responsible for any damages your business may suffer. Alberton makes no warranties of any kind, expressed or implied for services we provide. Alberton disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Alberton and its employees and/or suppliers. Alberton makes a 99.9% Uptime guarantee. Alberton keeps daily backups of their servers and can not accept responsibility for any loss of data or consequences arising from this. Alberton always advises clients to back up their site data regularly for its own protection. Restore of data is billable by Alberton.

 

18

Account Holders indemnify Alberton for the violation of any law or Alberton policy, that results in loss to Alberton or the bringing of any claim

against Alberton and/or their employees and/or their Suppliers. This means that if Alberton is sued because of activities of the Account Holder that

violate any law, or this policy, the Account Holder will pay any damages awarded against Alberton, plus costs and reasonable legal fees. All fees

would be payable upfront. Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation. Alberton

services are provided as is without warranties of any kind, either express or implied. Alberton reserves the right to change, edit, or update the

policies contained in this document, along with the content on our website at any time for any reason without notice. The terms of this Section will

survive any termination of this Agreement.

 

19

The Account Holder agrees to indemnify and hold Alberton harmless from any and all claims resulting from or connected with any activities conducted by the Account Holder. The Account Holder and Alberton will promptly notify the other upon receipt of any claim or legal action arising out of activities of this agreement. The rights and responsibilities established in this paragraph will survive any termination of this Agreement.

 

 
   

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Terms & Conditions