1. INTRODUCTION

1. The Subscriber shall enter into an Agreement with Nabis Visual Design cc, which is governed by these Terms and Conditions in respect of the Service.
2. In consideration of the payment by the Subscriber of the Charges in accordance with these terms and conditions, Nabis Visual Design cc shall allow the Subscriber to use its Service. Where more than one use of the Service is made by the Subscriber under this Agreement (by, for example, employees or family members of the Subscriber), then references to the Subscriber are deemed to include a reference to other uses and the people who make them.

2. DEFINITIONS

For the purposes of this agreement:

1. "Nabis Visual Design cc" shall mean Nabis Visual Design cc.
2. "Charges" shall mean the charges payable in respect of the Services.
3. "Nabis Visual Design cc Website" shall mean the website located at the URL: http://www.nabis.co.za/.
4. "Registration" shall refer to the point at which the Subscriber runs and completes the online registration process on the Nabis Visual Design cc Website to register as a subscriber of the Nabis Visual Design cc Services.
5. "Server" shall mean a computer device used by Nabis Visual Design cc and upon which information is stored.
6. "Subscriber" shall mean the party who has registered with Nabis Visual Design cc for the Service.
7. “Payment period” shall mean the period for which payment is to be made by the Subscriber for the Service.
8. "Service" shall mean the web hosting, website design and/or other services provided by Nabis Visual Design cc to the Subscriber as set out in this Agreement.
9. “Usage” shall mean a variable component of a Service, such as web hosting disk space or web hosting data traffic whereby such component’s amounts or volumes may not be predicted in advance of use by the Subscriber.

3. SERVICE AVAILABILITY

1. Nabis Visual Design cc shall provide the Subscriber with email, domain services, and/or web hosting services in accordance with the Subscriber’s choices.
2. The Services shall be available to the Subscriber as set out in this Agreement.
3. Various other value added services may be added to the Services from time to time, at which stage the Subscriber may be informed of such services being available via email.

4. SECURITY

1. The Subscriber agrees not to use the Service for illegal purposes; not to interfere with or disrupt the Services or servers or networks connected to the Service; to comply with all requirements, procedures, policies and regulations of networks connected to the Service; and to comply with all applicable laws regarding the transmission of technical data exported from the country in which the Subscriber is connecting to the Service.
2. The Subscriber agrees not to transmit through the Service any unlawful, harassing, libellous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind, viruses or worms; not to transmit any material that violates the rights of another, including but not limited to the intellectual property rights of another; not to transmit any material that violates any applicable local, state, national, or international law or regulation; not to attempt to gain unauthorised access to other computer systems or networks connected to the Services; not to transmit "junk mail", "SPAM", "chain letters", “viruses”, “worms” , “Trojans” or unsolicited mass distribution of email.
3. The Subscriber acknowledges that Nabis Visual Design cc has no knowledge of, nor interest in, nor in any way contributes to, nor approves the creation of the Subscriber’s content as hosted by Nabis Visual Design cc and published by the Subscriber on the Subscriber’s web site and that hosting or publication of certain kinds of content may be offensive, unlawful, in breach of codes of conduct binding on Nabis Visual Design cc, violations of legislation (including regulations), violations of the common law generally, and violations of the requirements and rules of any regulatory authority and that hosting and publication of certain kinds of content may cause harm to the name, goodwill and reputation of Nabis Visual Design cc.
4. Accordingly the Subscriber agrees, if Nabis Visual Design cc in the exercise of its sole discretion, is of the opinion that the Subscriber’s content is offensive, unlawful, or harmful, as set out above, or the Subscriber has uploaded and utilized illegal or harmful software or licenses, that Nabis Visual Design cc without derogating from any of its other rights in terms of this agreement or in law, may:
   a. request the Subscriber forthwith to remove the offensive, unlawful, or harmful content, as the case may be; or
   b. request the Subscriber forthwith to amend or modify the content; or
   c. without notice delete the Subscriber’s web site from the server; or
   d. without notice terminate access to the Subscriber’s web site.
5. The Subscriber agrees that nothing that Nabis Visual Design cc does in the performance of its obligations in terms of this Agreement or in the carrying on of its business generally shall be construed as an assumption of responsibility or liability by Nabis Visual Design cc for the content of the Subscriber’s website or the illegal use of software or licenses and the publication thereof, whether or not Nabis Visual Design cc had knowledge of such content and the Subscriber hereby indemnifies Nabis Visual Design cc and holds it harmless against any liability and any claims of whatever nature made by any person for any loss or damage suffered arising directly or indirectly from the hosting and/or publication of the Subscriber’s content or software as well as any other data or software on the Subscriber’s web site.
6. Nabis Visual Design cc shall use its best endeavours to notify the Subscriber of any action taken in terms of clause 4.4 above, but does not warrant that notice shall be given to the Subscriber prior to such action being taken.
7. Nabis Visual Design cc shall use its best endeavours to prevent the theft or fraudulent acquisition of sensitive data in its possession, such as Subscribers’ usernames, passwords, and billing details.
8. The Subscriber is solely responsible to prevent the theft or fraudulent acquisition of sensitive data in their possession, including, but not limited to, usernames and passwords used to access the Services.
9. The Subscriber is solely liable for any and all Charges generated as a result of unauthorised use of the Services on the Subscriber’s premises and / or the theft or fraudulent acquisition of sensitive data in the Subscriber’s possession, including, but not limited to, usernames and passwords used to access the Services.

5. DISCLAIMER FOR LIABILITY

1. Although Nabis Visual Design cc shall use reasonable endeavours to provide disaster recovery, Nabis Visual Design cc does not specify any recovery time, nor shall Nabis Visual Design cc be liable for any loss or damage of whatever nature incurred or suffered by the Subscriber from any cause whatsoever as a result of Nabis Visual Design cc's failure to provide, or delay in providing, or providing only partial, disaster recovery. The Subscriber is accordingly advised to make back-ups of its data. Nothing contained in this clause 5.1 shall be construed as a representation that any back-ups of data implemented by Subscriber will be successful or in any way will avoid disaster.
2. Nabis Visual Design cc shall use all reasonable endeavours to provide the Services at all times, however, the Subscriber agrees that the Subscriber and any other person or entity whomsoever shall have no claim against Nabis Visual Design cc and the Subscriber hereby indemnifies and holds Nabis Visual Design cc free from liability in respect of any loss or damage:
   a. caused by or arising from any fact or circumstances beyond the reasonable control of Nabis Visual Design cc; or
   b. if such loss or damage is consequential or incidental loss or damage; or
   c. caused by any downtime, outage, interruption in or unavailability of the server, system or the Nabis Visual Design cc network as a result of or attributable to any of the following causes:
   
   - any service, repairs, maintenance, upgrades, modification, alterations or replacement of hardware or software, or any faults or defects of whatever nature in the hardware or software including any work of any nature done by any third party;
   - system downtime for any reason (including, but not limited to, service, repairs, routine maintenance, agreed maintenance, environmental maintenance, upgrades, modifications, alterations, replacement or a relocation of premises);
   - the damage, contamination or corruption of any kind of the server or any of the Subscriber's data, material, information and/or content howsoever occasioned;
   - any inaccuracies in the impression statistics given to the Subscriber or in the page counter on the Subscriber's web site if any;
   - any breakdown of whatever nature and howsoever arising in any of the services provided by Internet Solutions and/or Telkom (including, but not limited to, line failure) or in any third party services;
   - the non-performance or unavailability, of whatever nature and howsoever arising, of external communications networks to which the server or the Nabis Visual Design cc network is connected;
   - any infringement of the Subscriber's rights of privacy and/or any other like rights (including those of any other person or entity), by any person whomsoever arising from the hosting of the Subscriber's web site in terms of this agreement;
   - any breach of security by any third party or any breach of confidentiality by a third party or otherwise arising from any access howsoever obtained by a third party to the Subscriber's information, data or content;
   - without limiting the aforegoing, as a result of any fact, cause or circumstances whatsoever and howsoever arising, if Nabis Visual Design cc has substantially performed its obligations under this agreement.
3. Nabis Visual Design cc assumes no responsibility for the failure of any email delivery or the loss of any email, and Nabis Visual Design cc does not retain copies of any emails once they have been sent or retrieved by the Subscriber.
4. The Subscriber or any other person or entity shall have no claim against Nabis Visual Design cc for any loss or damage whether consequential, incidental, indirect or special (including, without limitation, business interruption, loss of information, loss of data or other pecuniary loss), regardless of whether such liability is based on breach, delict, strict liability, breach of implied warranties, terms and conditions or otherwise and even if advised of the possibility of such damages.
5. Without limiting the generality of the above the Subscriber indemnifies and holds Nabis Visual Design cc harmless against losses, injury, damage, penalties, costs on attorney and own Client scale, or claims of whatever nature howsoever arising from or in connection with the Services hereby made available by Nabis Visual Design cc.
6. Nabis Visual Design cc reserves the right to take whatever action it deems necessary at any time to preserve the security and reliable operation of the Nabis Visual Design cc network and the Subscriber undertakes not to do or permit anything to be done which will compromise the security of the Nabis Visual Design cc network.

6. DOMAIN SERVICES TERMS AND CONDITIONS

1. Nabis Visual Design cc shall, at its discretion, in accordance with the Subscriber’s instructions procure the registration, transfer, modification and / or forwarding of a domain name for the Subscriber.
2. The Subscriber acknowledges that the registration, transfer, modification and / or forwarding of a domain name is subject to the rules and regulations of the authority responsible for domain registrations and that Nabis Visual Design cc cannot guarantee the registration of the domain selected by the Subscriber.
3. The Subscriber hereby warrants being the lawfully entitled owner of the domain name, or has the consent of the owner to use such domain name and that 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 and hereby indemnifies and holds Nabis Visual Design cc free from any liability and any claims of whatever nature howsoever arising as a result of the use of the domain name.
4. Domain name registration Charges are non-refundable once a domain name has been registered by Nabis Visual Design cc on behalf of the Subscriber, including, but not limited to the case where a mistake has been made by the Subscriber (for example, a misspelling of the domain name).

7. EMAIL TERMS AND CONDITIONS

1. Nabis Visual Design cc shall provide the Subscriber with an SMTP/POP3 email spooling service in accordance with the Subscriber’s choices.
2. The charge for SMTP / POP3 email spooling service does not include SMTP server set up costs.
3. Nabis Visual Design cc assumes no responsibility for the failure of any email delivery or the loss of any email.
4. The Subscriber undertakes to take all reasonable steps to prevent the SMTP/POP3 spooling service from being used as a relay and Nabis Visual Design cc reserves the right to suspend or terminate the service if relaying occurs until such time as the Subscriber has taken steps to prevent the relaying.
5. Nabis Visual Design cc will include Email Anti Virus scanning by default for all subscribers. Whilst Nabis Visual Design cc shall make every effort to keep the Anti Virus definitions updated to detect the latest known viruses, Nabis Visual Design cc cannot guarantee that every email virus will be blocked prior to email delivery to the intended recipient.
6. Nabis Visual Design cc will include Email SPAM blocking by default for all subscribers. Whilst Nabis Visual Design cc shall make every effort to block SPAM and avoid mistakenly identifying valid email as SPAM, Nabis Visual Design cc cannot guarantee that every SPAM email will be blocked prior to email delivery to the intended recipient, nor can Nabis Visual Design cc guarantee that valid email will not be blocked when it is mistaken for SPAM.
7. The Subscriber shall be responsible for ensuring that the Subscriber’s equipment is protected against viruses, and that their operating systems are regularly patched and updated.
8. Nabis Visual Design cc may, at its discretion, occasionally send marketing materials via email to the Subscriber. However, the Subscriber agrees that any important system or service notifications that could affect the Subscriber’s service will be sent via email, regardless of the Subscriber’s preference for marketing materials.

8 WEB HOSTING TERMS AND CONDITIONS

1. Nabis Visual Design cc shall, in accordance with the Subscriber’s choices host the Subscriber's website on the server and provide such platform and features as described on the INabis Visual Design cc Website.
2. Nabis Visual Design cc shall permit the Subscriber and Internet users access to the Subscriber’s website, limited to a maximum monthly data traffic allowance. By default, the monthly traffic allowance for all Web Hosting services is hard-capped, meaning, should the monthly traffic allowance be reached or exceeded, the Subscriber’s web hosting service (website and email, where applicable) will cease to function for the remainder of the calendar month. Alternatively, the Subscriber may request one of the following option:
   a. In the case of a Subscriber who makes use of any hosting service other than the Corporate Web Hosting service, the Subscriber may request an upgrade to next higher hosting service.
3. Nabis Visual Design cc shall permit the Subscriber access to the Subscriber’s website, limited to a maximum monthly disk space allowance. By default, the monthly disk space allowance for all Web Hosting services is hard-capped, meaning, should the monthly disk space allowance be reached or exceeded, the Subscriber’s web hosting service (website and email, where applicable) will cease to function for the remainder of the calendar month. Alternatively, the Subscriber may request one of the following option:
   a. In the case of a Subscriber who makes use of any hosting service other than the Corporate Web Hosting service, the Subscriber may request an upgrade to next higher hosting service.
4. Nabis Visual Design cc will take such steps as it regards as reasonable to secure the Subscriber's website from unauthorised access;
5. Nabis Visual Design cc shall not be liable for any illegal software or licenses used by the Subscriber.
6. The provision and costs of development, design and/or maintenance of the Subscriber’s website, including HTML, PHP, or other coding, are not included in the charges for Web Hosting.