Provision and Availability of Service

Imagine It shall make every effort to provide and make available the abovementioned service to the client, but shall not guarantee such. Imagine It shall not be responsible for the performance or non performance of any external communications networks or systems  to which the abovementioned service is connected or reliant upon including the services or networks of other service providers.

Traffic and Fees

Traffic in respect of the abovementioned internet domain, shall be monitored and measured in megabytes by Imagine It per month and shall include traffic generated by visitors to the abovementioned internet domain, updating of the clients web site and e-mail traffic generated by received and sent e-mail in respect of the abovementioned internet domain. Traffic in excess of 500 (five hundred) megabytes per calendar month shall be charged for at R0.50c (fifty cents) per megabyte, and will be added to the monthly debit order and drawn from the client’s bank account, as and when such is due as determined by Imagine It. Furthermore, the client agrees to pay all bank charges, debit order rejection fees, interest, domain renewal fees and/or any other monies in respect of the abovementioned internet domain, owing to and determined by Imagine It from time to time, and hereby authorise and instruct such to be added to the monthly debit order amount and drawn from the clients bank account as and when such becomes due. Payment of any amounts mentioned heron, shall not be subject to the client receiving an invoice, however invoices shall be made available for collection at the offices of Imagine It upon request. Should this agreement be cancelled or terminated for whatsoever reason, the client shall not be entitled to any refunds whatsoever of any monies which Imagine It may have drawn against the clients bank account.

Payment and Authorisation

The client agrees to pay Imagine-It cc the monthly amount as indicated in their agreement per month, VAT inclusive, which shall be payable on a monthly basis in advance, by means of a debit order in favour of Imagine-It, for a minimum initial period of 24 (Twenty four) consecutive calendar months, commencing at the beginning of the month of the year as indicated in their agreement. Thereafter, this agreement shall remain in force until termination as set out hereon.

Termination

Termination of this agreement by the client after the initial period as mentioned above, must be in the form of a written notice sent by pre-paid post to Imagine It, giving 60 days notice of such intention to terminate. Whilst this agreement remains in force, the client shall continue to pay the monthly amount mentioned above, which may after the initial period be subject to escalation as determined by Imagine-It from time to time. Imagine It reserves the right to cancel or terminate this agreement and to cease from supplying the client a service without notice and for whatsoever reason as determined by Imagine It.

Cession

Imagine It reserves the right to cede or to sell any or all it’s rights as mentioned hereon to a third party, without notice or further authorisation from the client. Furthermore, should Imagine It choose to cede this agreement to a third party, the client shall be considered to have entered into an agreement as per the terms and conditions set out hereon with the third party and shall become indebted to the third party whereby this agreement shall continue to be binding on the client, until terminated by either the client or third party as mentioned above. In the case of such cession any and all mention of Imagine It contained in this agreement shall automatically be considered as meaning the third party.

Indemnity

Imagine-It, it’s employees, representatives, agents or dealers shall not be held responsible or liable for any damages, losses, injury or claims  whatsoever arising from or in connection with the abovementioned service, whether directly or indirectly.

Domain Transfers and Loss of Data

Imagine It shall not be responsible for any delays whatsoever, whilst the client’s domain as mentioned hereon is being transferred to Imagine It’s dedicated computer server. Furthermore Imagine It shall not be liable nor held responsible for any loss whatsoever of electronic information or e-mail boxes or data whilst performing any task for or on behalf of the client.

General

This agreement constitutes the whole agreement and that there exist no other agreements, guarantees or representations either verbal or written in regard thereto. Furthermore, the Client agrees not to sell, re-sell or make available to any other party or persons the services mentioned hereon. The Client also agrees not to use such services in a manner which constitutes a violation of any law, regulation or tarrif that may be in force within the Republic of South Africa and shall not use the service in any way which may cause damage or loss to the name or reputation of Imagine-It, it’s agents, affiliates or service providers.