Terms and Conditions
Please read this document carefully. It contains important information about your rights and obligations and your access to and use of this website and/or Services.
Dot Cube (Pty) Ltd, is hereafter referred to as Dot Cube Digital Solutions.
1. Operator of Website and Definitions
This website is operated by Dot Cube Digital Solutions with offices for purposes of correspondence relating to this website situated in Cape Town, South Africa.
In these Terms: Services means any functions, facilities, applications, information or other services available through this website (including, where applicable, ISP (internet service provider and/or internet access) services).
Terms means these terms and conditions.
User or you means any person who accesses or uses this site, with or without Dot Cube Digital Solutions’s authorisation and whether or not you are registered to use this or part of this site or a member or registered User of a Service offered through this site.
This website or site means the website (home page and underlying web pages) or other collection of information and/or applications operated by Dot Cube Digital Solutions and available for access via physically linked or wireless networks (including the internet and networks accessible using wireless application protocol or similar (wap) technology) through access devices such as PCs, laptop computers, mobile telephones, PDA’s, digital cameras, televisions or other network-enabled devices, on which these Terms are posted or which is expressly referred to in connection with User being requested to agree to these Terms. Any reference to this website or site includes a reference to any related wap site. Certain other terms are defined in the text below.
2. Access and Use of this Site
By accessing, browsing or downloading any part of this site or its content, or posting or uploading to this site, or any other use of this site and its content, whether as a registered User or an unregistered visitor, you agree to comply with these Terms, without modification (which form a contract between you and Dot Cube Digital Solutions) and all relevant applicable laws.
If your access to this site, or to any part of it or to any Services is subject to the payment of a subscription fee, Dot Cube Digital Solutions may deny or suspend access in the event of late or non-payment of any fee due. You are responsible for obtaining the relevant hardware and software equipment and paying all telephone (or other network) charges necessary to access and use this site and the Services.
Access to this site or to the Services may be limited to a maximum number of times and/or duration in a given period of time. This site or certain parts of this site may contain adult or mature content. To access and view such content, you must be (and you represent that you are) at least 18 years old. If you permit children to access and view this site, you are responsible for supervising such access and determining which content or Services may be appropriate for children and which may not. Note that through this site or certain parts of the site it may be possible for children to make available publicly personal information relating to themselves.
You agree not to access this site by any means other than through the interface that is provided by Dot Cube Digital Solutions for use in accessing the site.
3. Other Terms and Rules etc.
These Terms are in addition to any terms that may apply to Users under a distribution, licence or sale agreement or terms, or other applicable agreements and terms. Where this site or part of this site contains rules, guidelines, codes of conduct, further terms or other directions to Users, Users undertake that they shall also comply with such rules, guidelines etc. In the event of any conflict or inconsistency, these Terms shall prevail.
If you do not agree to any of these Terms (or any such other rules, guidelines etc.), you may not use this site.
These Terms may contain provisions which contemplate functionalities or Services that are not (and are not intended to be) available through this site. To the extent that any provision of these Terms relates solely to such functionalities or Services, they shall be of no force or effect and shall not affect the validity of the other provisions.
4. Passwords and Account Details
User is responsible for maintaining the confidentiality of his or her password, account number, ID and other details (if any) and for all activities under User’s account. Any unauthorised use of User’s account or other breach of security should be reported to Dot Cube Digital Solutions immediately. Your registration and/or subscription is personal to you and you may not disclose or make available your account name, ID or password to others. Any disclosure by you of your account name and password may result in termination of your registration and/or subscription and, where you register for fee/subscription-based content/Services, such termination shall be without refund and may be subject to additional charges based on unauthorised use.
5. Changes to the site and these terms
Dot Cube Digital Solutions and/or third party providers may make improvements and/or changes in products, support, Services, Utilities, prices and/or other Site content (including these Terms) at any time with or without notice.
Dot Cube Digital Solutions may provide notice of changes to these Terms (or other Site content) by displaying notices on this site or other communication means. Users who access this site after changes have been posted on the site or otherwise communicated, shall be bound by such changes as soon as such notices or new Terms are posted to the site or otherwise communicated, even if User does not visit the page on which the change or new Terms are displayed. Frequent review of this site and these Terms is therefore recommended.
6. Permitted and Prohibited Use of this Site
Access to, and use of this site, including viewing, downloading, reproducing, displaying, posting and publishing: – data, graphics, images, photographs, designs, descriptions, information, and text – video, audio, music, and sound compilations – utilities, software (including applets and any software made available to Users in connection with, or to facilitate access to, any subscription or restricted access area or Service associated with this site) – the contents of any e-mail newsletter or similar communication sent by or on behalf of Dot Cube Digital Solutions in relation to this site and/or User’s registration or subscription – and other content on this site which has been originated and provided directly by Dot Cube Digital Solutions, Dot Cube Digital Solutions Affiliates, or its product, support and service providers (together, Site content), is prohibited unless specifically permitted in these Terms. This applies to use by any means, including electronic, mechanical, photocopying, recording, creation of derivative works or otherwise.
Dot Cube Digital Solutions gives limited, non-transferable, non-exclusive, revocable permission for User to access and make personal, non-commercial use of this site and Site content as a support and communication resource for purposes specified in this site only. User may electronically copy and print in hard copy Site content for these purposes, provided that all copyright and proprietary notices (where present) are retained on Site content.
Any other use of Site content including reproduction for purposes other than those noted above, modification, distribution, transmission, downloading of Site content (other than page caching), republication or reverse engineering – without the prior written consent of Dot Cube Digital Solutions– is prohibited (except to the extent such prohibition is prohibited by applicable law). Without limitation, permission to use Site content does not include – resale or commercial use or distribution of Site content – collection and use of any product, support or service listings, descriptions, or prices – derivative use of this site or Site content (including framing) – downloading or copying of account information for the benefit of another merchant – any use of data mining, robots, or similar data gathering and extraction tools – any use of Site content on any other website, server or networked computer environment – or any use of Site content which suggests an association with any Dot Cube Digital Solutions or Dot Cube Digital Solutions Affiliate products, support or services, except as expressly provided by written agreement between relevant parties.
User shall not use this site or the Services in a way that breaches these Terms (or their spirit) or any applicable law or regulations (including those relating to the use of public communications networks) or that causes or is likely to cause any damage, interruption or impairment of this site or the Services. User may not attempt to gain unauthorised access to any part of this site, other User accounts or any computer systems or networks connected to this site, whether through hacking, password mining or any other means. User may not collect or attempt to collect personal information relating to others through this site.
7. Copyright – Ownership of Site Content
Dot Cube Digital Solutions does not transfer title to any Site content downloaded or used by User. Site content, including its selection and arrangement, is owned by Dot Cube Digital Solutions or Dot Cube Digital Solutions Affiliates and/or their content and technology providers and is protected by copyright and other laws. Limited permission to use Site content (for the purposes stated in the preceding section) is specifically conditioned on User’s recognition, observance and retention of all copyright, trademark and other proprietary notices in Site content, and all proprietary and other intellectual property rights of Dot Cube Digital Solutions or Dot Cube Digital Solutions Affiliates and/or content and technology providers, in Site content. User shall not have any ownership rights in any e-mail address, URL or other personal identifier that may be allocated to, or chosen by, him or her for the purposes of any Services available through this site and User’s limited rights to use such identifier/address shall continue only for so long as User’s registration/User account remains valid for access to this site or the relevant Service. After termination of such validity by Dot Cube Digital Solutions for any reason, Dot Cube Digital Solutions shall be free to use and/or allocate to other Users any such identifier/address.
Any unauthorised use or copying of Site content, or use of Site content which breaches these Terms (or their spirit) may violate trademark, copyright and other proprietary rights, and civil and criminal statutes. Users shall not use any Site content (or any other content made available through this site) in any manner that infringes any trademark, copyright or other proprietary rights. Dot Cube Digital Solutions reserves all rights with respect to such unauthorised use or breach of these Terms.
8. User Content – Uploaded or Provided Information/Material
In these Terms, User content is information or other content, which is or may be provided to Dot Cube Digital Solutions or inputted or uploaded by User via this site or related means, including (without limitation) pictures, video and other images, audio materials, graphics, document or data files, information relating to natural and other persons, messages, e-mail and other communications, files, texts, opinions, personalisation settings and other information.
By uploading User content to this site or sending or making available User content to other Users or Dot Cube Digital Solutions and Dot Cube Digital Solutions Affiliates, pursuant to or by reason of site, Services or Site content use or otherwise, User automatically grants (or warrants that the owner of such User content expressly granted) Dot Cube Digital Solutions, Dot Cube Digital Solutions Affiliates and their designees a perpetual, royalty-free, irrevocable, and non-exclusive right and license to use (including commercial use and exploitation), copy, sub-licence, reproduce, modify, adapt, publish, translate, publicly perform, display and distribute User content (including any ideas, concepts, know-how or techniques contained therein), and create derivative works from and incorporate User content (or any part thereof) into any form, medium, or technology now known or later developed throughout the world. In addition, User warrants that it has the rights necessary to grant such licence and that all so-called “moral rights” in any User content have been waived. All User content will be considered non-confidential, not subject to any use restrictions and no User content will be subject to any obligation of confidence on Dot Cube Digital Solutions’s part.
However, this section does not apply to any personal information submitted by a User which identifies him or her. This will be processed only as provided in the personal data section of the data or registration submission form of this or related Dot Cube Digital Solutions websites, elsewhere in these Terms and any other terms and conditions which apply specifically to any relevant transaction (if any) between User and any Dot Cube Digital Solutions Affiliate.
9. Prohibited and Restricted User Content
Dot Cube Digital Solutions prohibits the transmission, distribution, dissemination, uploading, posting, submission, sharing and storage on, via or through use of this site (together, uploading) of User content which it considers (in its sole discretion) to be inappropriate or distasteful. Such User content includes (without limitation) communications with – pornographic, profane, sexist, homophobic, defamatory, deceptive, vulgar, obscene or offensive content – ethnic, racist or religious slurs or derogatory epithets – advocation of violence, hate or unlawful activity – depictions of child abuse, child pornography or sexually suggestive poses – advertisements, surveys and contests – price-sensitive information relating to publicly listed securities – and material that could give rise to any civil or criminal liability under any laws.
Dot Cube Digital Solutions prohibits the uploading or use of Site content or transmission of User content with a primary or secondary purpose or effect – to sell, distribute or promote firearms, weapons or controlled substances, make-money-fast schemes, pyramid or chain letters, fraudulent or otherwise criminal offers – to register another email address other than your own – to distort auctions or other markets (including public quoted securities markets) – to threaten or harass others – to disrupt discussions or to create a false identity for the purpose of misleading others – to convey sexual requests from, for or to a minor – to make racial slurs or comments – to impersonate any person or misrepresent your affiliation with any person or entity.
User shall not advertise or offer to sell or buy any goods or services for any business purpose, unless the relevant Forum or Service specifically permits this. Dot Cube Digital Solutions reserves the right (but does not accept any obligation) to delete or restrict Users’ access to relevant Site content and/or User content and/or to pass relevant User content and/or information relating to User (including personal information) to any appropriate authority where User content is uploaded in breach or suspected breach of any of these Terms (or their spirit or other applicable rules or terms) or any applicable law or regulations, without any requirement for any claim or complaint to be formally commenced or proved.
10. Materials protected by copyright and other intellectual property
Dot Cube Digital Solutions prohibits the uploading of content that contains music, software, images (still or moving), literary or artistic works or other material protected by intellectual property laws (or that may infringe others’ intellectual property rights), unless the User owns or controls the exclusive rights thereto or has received all required consents (which the User warrants if such content is uploaded). Dot Cube Digital Solutions prohibits the uploading of actual or suspected copyrighted materials, the use of which is unauthorised, or counterfeit materials.
11. Personal information
Except for personal information of a User submitted by that User for registration and/or account opening purposes or (if applicable) personal information relating to other natural persons known to a User for inclusion in that User’s online address book, Dot Cube Digital Solutions prohibits the uploading of any User content which discloses personal or private information concerning any individual or entity, including telephone number(s), e-mail or physical addresses, User account numbers, passwords and financial information.
Where personal information relating to, or images of, another natural person are uploaded by a User for inclusion in that User’s online address book, photo album (or for any other purpose), the User warrants that such person (the data subject) has given his or her consent to such submission and to the data processing that this involves and any other usage of such User content contemplated by these Terms or on this site.
12. ‘Spam’ and Upload of destructive materials
All forms of ‘spam’ or junk e-mail, including uploading or sending multiple unsolicited submissions to different discussion groups, mailing lists, and all activities that facilitate spam, are prohibited on or via this site. Unless Dot Cube Digital Solutions’s actual damages (where reasonably calculable) exceed this amount (in which case the actual damages shall be payable by User), by way of liquidated damages, you agree to pay Dot Cube Digital SolutionsR5.00 for each item of ‘spam’ sent through your User account in breach of these Terms.
Dot Cube Digital Solutions prohibits the uploading of computer programs, files and other materials that contain destructive or disruptive features such as viruses, corrupted files, ‘hidden’ files (such as image files with audio files embedded), worms, trojan horses, or bots for the use of scrolling, showing multiple screens, and other activities that can be disruptive to website integrity or functioning or online communication generally.
13. Review of User Content by Dot Cube Digital Solutions
Through this site, Dot Cube Digital Solutions merely offers a ‘venue’ for Users to access certain specified services, Utilities and/or information. Dot Cube Digital Solutions cannot and does not undertake to screen, review, edit, censor or otherwise filter or control User content or the behaviour of Users of User content or Site content.
However, Dot Cube Digital Solutions may, but shall not be obliged to, review, either by manual or automated means, all User content which is or may be uploaded on this site, and monitor or review any areas of this site where Users transmit or post communications or communicate with each other or Dot Cube Digital Solutions(as applicable) including without limitation chat rooms, news groups, bulletin boards, community pages, photograph albums, personal web pages or other use areas and forums (Forums), as applicable. Dot Cube Digital Solutions retains the right (but disclaims any obligation) to reject, not post, not use, remove, amend, deny access to and/or delete any User content, without notification, which it, in its sole discretion, considers to be inappropriate or distasteful or otherwise in breach of these Terms (or their spirit) and without any requirement for any complaint or claim in respect of the relevant User content to be formally commenced or proved. Dot Cube Digital Solutions retains the right (but is under no obligation) to co-operate with any law enforcement authorities or in response to court and other official requests directing that Dot Cube Digital Solutions disclose the identity of anyone posting User content.
14. No Liability – User Content and Site Use
The materials, information and opinions (which may include User content) included and/or expressed in or on Forums (or via any other means of accessing User content) are not necessarily those of (or endorsed by) Dot Cube Digital Solutions or Dot Cube Digital Solutions Affiliates or related entities. All User content should be considered expressions of opinion only and not statements of fact. Any User content and/or Services you obtain or use, or convey through site use, including use of any Forums, will be at your own discretion and risk and are subject to the disclaimers and liability limitations in these Terms. The security of this site and User content cannot be guaranteed.
You understand that whenever you release personal or other information online – for example, via message boards or chat rooms and other Forums – that information can be collected and used by people you do not know. While Dot Cube Digital Solutions makes all reasonable commercial efforts to protect your personal information and privacy, it cannot guarantee the security of any information you disclose online. You make such disclosures at your own risk. Except in relation to personal information submitted by a User for the purposes of registration or opening or updating that User’s account (in relation to which Dot Cube Digital Solutions makes all reasonable commercial efforts to protect your privacy), Dot Cube Digital Solutions shall not be liable in respect of (and disclaims all liability in relation to) User content submitted to an area of the site designated as (or expected to be) a private, personal or limited access area of the site which becomes available to persons other than the User who submitted the User content. Similarly, Dot Cube Digital Solutions shall not be liable in respect of (and disclaims all liability in relation to) any non-availability of User content submitted to an area of the site designated as a public area of the site or other Forums where Users other than the User who submitted the User content may gain access to such content.
Dot Cube Digital Solutions is under no obligation to become involved in any dispute that you have with other Users or in any incident that you are party to with other Users, or that are affected by or otherwise related to this site.
Dot Cube Digital Solutions disclaims all liability relating to any User content, including any error, virus, defamation, libel, obscenity or inaccuracy contained in any User content, whether or not arising under the laws of copyright, libel, privacy or otherwise, any prohibited User content and any other User content.
Dot Cube Digital Solutions disclaims all liability for unauthorised use (by other Users) of User content, and disclaims (without limitation) all liability for use of User content which breaches any copyright, trademark rights or other intellectual property rights of any other User or person. User is solely responsible for any damage (including to Site content) resulting from use (or submission) of any User content or the site (including disputes and incidents described in the preceding sections) and related transactions or occurrences.
Dot Cube Digital Solutions shall have no responsibility for unauthorised access to User’s account, or automatic forwarding of messages and/or viruses (caused by viruses or otherwise) to persons whose details have been submitted by a User for inclusion in, any on-line address book available through this site. The limitations on and exclusions of liability in these Terms apply regardless of whether the liability is based on breach of contract, tort (including negligence or defamation), strict liability, breach of warranties, or any other legal theory.
15. Storage and Loss of User Content
Where Dot Cube Digital Solutions provides e-mail facilities, web hosting or other services via this site involving the provision of computer storage space, or in relation to other relevant Services, Dot Cube Digital Solutions reserves the right to impose and vary limits and/or restrictions (temporary or otherwise) on the use of the Service, including, without limitation, limits on the storage provided by reference to storage space (e.g. a maximum total limit and/or a maximum per file/e-mail size limit), time/age of files (e.g. e-mails older than 180 days), number and/or size of files (e.g., a maximum number of e-mails that may be sent from, stored within or received by your account), amount of data down- or uploaded or any other criteria Dot Cube Digital Solutions may specify. Without limiting the following paragraph, material which exceeds any such limit may be deleted or not accepted for such storage. Users may not on-sell any storage space offered through this site.
Dot Cube Digital Solutions shall not be liable for any loss, deletion, removal or failure of delivery to the intended recipient of User content uploaded to this site, whether caused by computer virus, unauthorised access or otherwise. Users are encouraged to retain a back-up copy of all User content and Users undertake that they shall do so in respect of all uploaded User content. Dot Cube Digital Solutions reserves the right to deny access to this site and delete User content at any time without notice.
16. No Warranties – Site Services and Site Content
All Site content and Services are provided “as is” and “as available” and Dot Cube Digital Solutions expressly disclaims, to the maximum extent permitted by applicable law, any warranties and representations of any kind (Warranties) with respect to Site content and Services, either expressed or implied, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of third party intellectual property rights.
Without limitation: Dot Cube Digital Solutions gives no Warranty that Site content is appropriate, available or permitted for use in all locations, that it is virus-free or as to its interoperability with any hardware, software or content or as to User’s ability through this site to access or interact with any other service providers, networks, users, or informational or computing resources through the internet. Those who access this site and use Site content and/or Services are responsible for compliance with all applicable law and regulations, including any applicable local laws.
Although Dot Cube Digital Solutions has attempted to verify the accuracy, reliability and currency of all Site content, including (as applicable) product, services, support and other details and descriptions obtained from third parties, Dot Cube Digital Solutions gives no Warranty as to the accuracy of any statements in this site. Any materials, products, support, services or information at or referred to in this site may be out of date. Dot Cube Digital Solutions makes no commitment to update Site content. Dot Cube Digital Solutions disclaims any liability or responsibility for any errors or omissions in Site content (except insofar as such disclaimer would be inconsistent with its warranties and other terms and conditions related to product or service sales, if any, by Dot Cube Digital Solutions). Any decisions based on information contained in Site content (or User content) are User’s sole responsibility.
Dot Cube Digital Solutions gives no Warranty that functions or Services available through and other User interactions with the site will be constantly available, uninterrupted, secure or error-free, that defects will be corrected or that this site or the server that makes it available are free from viruses or other harmful components.
Dot Cube Digital Solutions and Dot Cube Digital Solutions Affiliates assume no responsibility, and are not liable for, any damage to (or loss of data from), or viruses that may infect, your computer equipment or other property on account of your access to, or use of this site including downloading any images, software or other Site content. If use of Site content results in the need for servicing, repair or correction in equipment or data, User assumes all costs in that regard.
Information in Site content (and User content) does not constitute legal, professional, financial or medical advice and should not be relied upon. Site content containing forward-looking statements or statements of intention should not be relied upon. Dot Cube Digital Solutions reserves its right not to act in accordance with any such statements.
This site may contain references to specific Dot Cube Digital Solutions products and services that may not be or may not be readily available in a particular country. Any such reference shall not be taken as implying or Warranting that any such products or services shall be available at any time in any particular country.
Where applicable law prohibits or limits Dot Cube Digital Solutions’s exclusion of Warranties as set out above, Dot Cube Digital Solutions excludes, disclaims and limits such Warranties only to the maximum extent permitted by applicable law.
17. Transactions with Third Parties
Where it is possible for Users to transact through this site (or any linked site) with a third party (including other Users or a service provider or product seller) who is not Dot Cube Digital Solutions, such transaction shall be (and any rights and obligations shall arise) solely between you and the third party.
18. No Liability – Site Content
Dot Cube Digital Solutions, Dot Cube Digital Solutions Affiliates and all other persons involved in creating, producing, hosting or delivering Site content shall not be liable for any direct, indirect, special, incidental, consequential or punitive damages, including in respect of loss of data, loss of profit, business interruption or time incurred or damages of any other nature (including arising out of negligence and other torts) that result from the use of, or the inability to use, Site content, even if Dot Cube Digital Solutions or an authorised representative has been advised of the possibility of such damages.
Applicable law may not permit the liability exclusions in this section in all cases. The liability exclusions in this section apply only to the maximum extent permitted by applicable law.
In no case will Dot Cube Digital Solutions’s liability for damage and loss (whether in contract, negligence, tort or otherwise) exceed the amount paid by User for accessing this site (except as otherwise prescribed by mandatory, applicable law).
Nothing in these Terms shall exclude Dot Cube Digital Solutions’s or Dot Cube Digital Solutions Affiliates’ liability for death or personal injury arising from Dot Cube Digital Solutions’s or any Dot Cube Digital Solutions Affiliate’s negligence.
19. Personal Information, Privacy and Site Cookies
By submitting information via this site or any related telephone registration process:
You consent to the processing of data personal to you, such as your name and title, address, telephone number, contact details and other personal details (“Personal Data”), in accordance with the terms notified in the “Personal Data” (or similarly entitled) part of the registration/data input form or telephone registration process for this site.
You acknowledge that the processing of your Personal Data is necessary and/or desirable for the personalisation of your visit to this site and/or the granting and controlling of access to this site or parts thereof to registered Users or paying subscribers and you consent to such processing.
In certain circumstances Dot Cube Digital Solutions may seek additional personal information such as photocopies of identification documents or credit cards for example for identity verification or fraud prevention purposes. Where such additional information is submitted to Dot Cube Digital Solutions in connection with this site, it shall also be regarded as “Personal Data”.
Dot Cube Digital Solutions may share, make available or transmit Personal Data to other departments and divisions in Dot Cube Digital Solutions and Dot Cube Digital Solutions Affiliates within South Africa. Personal Data may be disclosed to 3P’s to enable (1) the performance of contracts you are party to or for other purposes specified in these Terms or in the “Personal Data” (or similarly entitled) part of the registration/data input form or telephone registration process for this site; or (2) compliance with legal obligations to which Dot Cube Digital Solutions or any Dot Cube Digital Solutions Affiliate is subject.
By accessing this site, User accepts and agrees that Dot Cube Digital Solutions, Dot Cube Digital Solutions Affiliates or its service providers may send cookies (small pieces of data placed on your hard disk drive when you access a website or a certain part of a website) to your computer or other access device in order to personalise your visit to this site and/or to learn more about your use or browsing habits while visiting this site. The cookie may contain personal information about you and may be a persistent or single session cookie.
User shall indemnify Dot Cube Digital Solutions, Dot Cube Digital Solutions Affiliates and their officers, agents, employees and service providers and hold them harmless in respect of all losses, costs, proceedings, damages, expenses (including reasonable legal costs and expenses) or liabilities howsoever incurred by any of them as a result of any claim by a third party resulting from a breach or non-observance by User of any prohibition, or restriction on User’s activities in relation to this site contained in these Terms, or of any undertaking, representation or warranty of User contained in these Terms and in relation to any claim by any person in respect of matters, responsibilities or obligations that have been disclaimed by Dot Cube Digital Solutions under these Terms.
Without limitation to the generality of the above indemnity, User releases, indemnifies and holds harmless Dot Cube Digital Solutions, Dot Cube Digital Solutions Affiliates and their officers, agents, employees and service providers (who disclaim liability) in respect of claims, liabilities, costs (including legal fees), expenses, demands and damages (direct, indirect or consequential) of any nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, howsoever incurred by any of them arising out of or in any way related to: any prohibited or restricted User content uploaded by User or any use of this site by User (including prohibited or restricted site use by User); any loss, deletion, removal, corruption or publication of User content uploaded by User; or any unauthorised use of User’s account or compromise of User account security through a failure to maintain the secrecy of User account passwords or other security details, and all related occurrences.
20. Hypertext Linking to and from this Site
You must seek and obtain the written consent the operator of this site before creating any link to this site. Deep linking is strictly prohibited. All authorised links to this site must be to the home page of the site, must make it clear that this site and the Site content are distinct from the website containing the link and must make it clear that this site is owned and/or operated by Dot Cube Digital Solutions.
Dot Cube Digital Solutions may provide, or third parties (with consent as above) may provide, hypertext links to and/or from other internet websites or resources. The inclusion of such links in this website is for convenience only and does not imply endorsement by Dot Cube Digital Solutions of the other website or any association with the operators of that site. Dot Cube Digital Solutions encourages discretion when browsing its or external websites and resources. Some websites may contain or link Users to websites containing information that may be considered inappropriate or offensive. External websites may send their own cookies to Users, collect data and/or solicit personal information.
User’s visiting of any external websites via links from this site is entirely at User’s own risk.
Dot Cube Digital Solutions has not confirmed the accuracy or reliability of any information in external websites or resources linked or accessed via this site, or which link to Dot Cube Digital Solutions’s site(s). Dot Cube Digital Solutions shall not be responsible or liable for any content, advertising, products, support, services or other materials on or available from such external websites or resources. Dot Cube Digital Solutions shall not be responsible for the accuracy, copyright compliance, legality or decency of material contained in external websites or resources. Dot Cube Digital Solutions shall not be responsible for, and disclaims all warranties, express and implied, as to, the accuracy, validity, legality, copyright compliance, decency or otherwise of any materials or information contained in external websites or resources. Dot Cube Digital Solutions shall not be liable, directly or indirectly, for any damage or loss caused or allegedly caused by the use of or reliance on any content, products, support or services available on or through any external websites or resources.
Without limiting the above, Dot Cube Digital Solutions does not make any representations or warranties as to the security of any information (including credit card and other personal information) a User might be requested to give any third party through linked websites and User waives any claim against Dot Cube Digital Solutions with respect to such matters.
Except in relation to a Service or access for which a subscription fee is payable, User may terminate its privileges to use Services on this site and other Site content, at any time by destroying all Site content downloaded from this site, and all copies, wherever located or installed. User’s right to use services on this site and other Site content will terminate immediately with or without notice in Dot Cube Digital Solutions’s sole discretion if User fails to comply with any of these Terms.
Where a subscription or other fee is payable by User in respect of access to and use of this site or a Service, User must inform Dot Cube Digital Solutions in writing (or by other expressly authorised means) of his or her desire to terminate the subscription. In the absence of any express contrary provision relating to User’s ability to terminate or the period for termination, User shall be entitled to terminate a subscription Service upon giving Dot Cube Digital Solutions at least one full calendar month’s notice of such termination.
Dot Cube Digital Solutions may terminate User’s access to or registration through this site if User’s account is not accessed or if User does not log-on during any period of 3 months or more (or such other period designated by Dot Cube Digital Solutions).
Dot Cube Digital Solutions also reserves the right to terminate User’s access to this site and/or its account in Dot Cube Digital Solutions’s discretion at any time without cause (subject to the refund of any amounts paid in advance by User in respect of such access in accordance with the applicable terms). In such circumstances, Dot Cube Digital Solutions will make commercially reasonable efforts to send notice of termination to Users at their last notified contact address or e-mail address.
On termination, User must cease use of, and destroy all copies it holds of Site content and Dot Cube Digital Solutions may remove and/or delete all such User’s User content, except where a perpetual licence has been granted by Dot Cube Digital Solutions to use certain Site content in return for a fee which has been paid. Without limiting Dot Cube Digital Solutions’s general freedom to delete, or deny access to, User content for any reason, following termination Dot Cube Digital Solutions shall have no obligation to maintain any User content or to forward any messages to you or any third party.
If any provision of these Terms is held to be unenforceable, the unenforceable provision shall be deemed to be replaced by a valid, enforceable provision that most closely matches the intent of the original provision. This shall not affect the validity or enforceability of the remaining provisions.
Without prejudice to the disclaimers and liability limitations in these Terms, no claim or action against Dot Cube Digital Solutions or Dot Cube Digital Solutions Affiliates may be brought by any person in relation to or arising out of this site unless such claim or action is commenced and notified to Dot Cube Digital Solutions in writing within 1 year after the date the cause of action first arose.
Dot Cube Digital Solutions employees and agents are not authorised to vary these Terms. Nothing said by any sales or customer relations person on behalf of Dot Cube Digital Solutions should be understood as a variation of these Terms or as an authorised, legally binding representation about this site or the nature or quality of products or Services displayed or other Site content. The headings in these Terms are for convenience only and shall have no effect on the construction of these Terms.
Calls to any customer telephone help lines related to, or referred to in, this site may be monitored for training and quality control purposes. Dot Cube Digital Solutions also reserves the right to terminate User’s access to this site and/or its account in Dot Cube Digital Solutions’s discretion at any time without cause (subject to the refund of any amounts paid in advance by User in respect of such access in accordance with the applicable terms). In such circumstances, Dot Cube Digital Solutions will make commercially reasonable efforts to send notice of termination to Users at their last notified contact address or e-mail address.
On termination, User must cease use of, and destroy all copies it holds of Site content and Dot Cube Digital Solutions may remove and/or delete all such User’s User content, except where a perpetual licence has been granted by Dot Cube Digital Solutions to use certain Site content in return for a fee which has been paid. Without limiting Dot Cube Digital Solutions ’s general freedom to delete, or deny access to, User content for any reason, following termination Dot Cube Digital Solutions shall have no obligation to maintain any User content or to forward any messages to you or any third party.
Acceptable Use Policy
Dot Cube (Pty) Ltd, is hereafter referred to as Dot Cube Digital Solutions.
By using our services, you agree to comply with our Policies and Procedures, including this Acceptable Use Policy (AUP).
General and Acceptable Use
You are expected to use the Internet and other networks and services access through the services with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. We expect you to have a basic knowledge of how the Internet functions, the types of uses which are generally acceptable, and the types of uses which are to be avoided. Common sense is the best guide as to what is considered acceptable use.
Illegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted material, violation of export restrictions, harassment, fraud, trafficking in obscene material, child sexual abuse imagery, drug dealing, and other illegal activities. Dot Cube Digital Solutions’ services and servers may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes a legal threat, or violates export control laws. Examples of unacceptable content or links: “Pirated software”, “Hackers programs or archives”, “Warez Sites”, “Irc Bots”, “Illegal Mp3′s” etc. The use of shared or dedicated hosting services for hosting torrent boxes and/or running proxies is strictly prohibited. Servers continuously running a risk of supporting these types of services will be disabled and cancelled from our network. Posting of defamatory, scandalous, violent or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights. Any unacceptable use of the services constitutes a material breach of the Terms and Conditions of Use and Dot Cube Digital Solutions fully and strictly reserves its rights in this regard.
The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. Dot Cube Digital Solutions reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.
System and Network Security
Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following:
- unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic;
- interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
- forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; and employing posts or programs which consume excessive CPU time or storage space, permits the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for their own account; or resale of access to CGI scripts installed on our servers.
Sending unsolicited mail messages or bulk messaging, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site’s mail server to relay mail without the express permission of the site or distributing, advertising or promoting products or software or services that have the primary purpose of encouraging or facilitating unsolicited commercial E-mail or spam. It is contrary to Dot Cube Digital Solutions’ policy for customers to use our servers to effect or participate in any of the following activities:
- To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list;
- To send unsolicited mass e-mailings, if such unsolicited e-mailings provoke complaints from the recipients;
- To engage in any of the foregoing activities using the service of another provider, but channeling such activities through a Dot Cube Digital Solutions provided server, or using a Dot Cube Digital Solutions provided server as a maildrop for responses;
- To falsify user information provided to Dot Cube Hosting and Web Solution or to other users of the service in connection with use of a Dot Cube Digital Solutions service.
Determination of a breach of this Policy
Dot Cube Digital Solutions will be the sole arbiters and have a sole and unfettered discretion in determining what constitutes a violation of this Policy.
Consequences of breach of this Policy
When Dot Cube Digital Solutions becomes aware of an alleged violation of its AUP (Acceptable Use Policy), Dot Cube Digital Solutions will initiate an investigation (within 24-48 hours). During the investigation Dot Cube Digital Solutions may restrict Customer’s access in order to prevent further possible unauthorized activity. If the Customer is found in violation of our SPAM policy, Dot Cube Digital Solutions may, at its sole discretion, restrict, suspend, or terminate Customer’s account and/or pursue other civil remedies. Also, Dot Cube Digital Solutions reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. If such violation is a criminal offence, Dot Cube Digital Solutions will notify the appropriate law enforcement department of such violation.
Dot Cube Digital Solutions does not issue service credits for any outages incurred through service disablement resulting from Policy violations. The Customer shall be held liable for any and all costs incurred by Dot Cube Digital Solutions as a result of the Customer’s violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. First violations will result in a Cleanup Fee of R1500 and the customer’s account will be reviewed for possible immediate termination. A second violation will result in Cleanup Fee of R3500 and immediate termination of the customer’s account. The Customer who violates this policy agrees to also pay Investigation Fees of no more than R1500 per hour that Dot Cube Digital Solutions personnel must spend to investigate any violations.
Dot Cube Digital Solutions reserves the right to add, delete, or modify any provision of this Policy at any time without notice.
Reporting Network Abuse
Any party seeking to report any violations Dot Cube Digital Solutions’ policy may contact via e-mail: email@example.com.
Hosting Service Agreement
HOSTING SERVICE AGREEMENT
- This is an agreement between THE CLIENTand Dot Cube (Pty) Ltd (hereafter referred to as Dot Cube) regarding the clients use of Dot Cube’s Hosting Services. This Agreement governs the terms and conditions under which Dot Cube makes the services offered by Dot Cube available to individual consumers through a personal computer or similar access, or to individual consumers or small businesses in connection with the “Dot Cube” web hosting or similar services.
- Dot Cube will host an account for the client, the purchaser, for the client’s chosen package, for the period (the Term) corresponding with the payment plan chosen by the client. This contract will be renewed at the end of the Term and each successive renewal term, unless terminated. The client will be Invoiced 21 days prior to the renewal date. Should the client decide not to renew Dot Cube requires notification of non-renewal, prior to the Due Date indicated on the renewal Invoice. The client must have all account information available to cancel. If the client does not provide this notice, the client will be charged for the next terms rate. There are no refunds on a la carte services.
- Dot Cube’s services are provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Dot Cube expressly disclaims any representation or warranty that Dot Cube’s services will be error-free, secure or uninterrupted. No oral advice or written information given by Dot Cube, its employees, licensors of the like, will create a warranty; nor may the client rely on any such information or advice. The terms of this section will survive any termination of this Agreement. Dot Cube will however strive to maintain an uptime on all services equal to or better than 99.9% of overall expected service delivery time.
- The hosting service and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. Further, the client agrees not to store, transmit, link to, advertise or make available any images containing pornography. Violations of these or any other provisions of this Agreement may result in termination of the services provided by Dot Cube, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of Dot Cube based upon the severity of the violation. Dot Cube reserves the right to refuse service if any of the content within, or any links from, the client’s website(s) is deemed illegal, misleading, or obscene, or is otherwise in breach of Dot Cube’s then current Acceptable Use Policy, in the sole and absolute opinion of Dot Cube. Notwithstanding anything in this Agreement, the content of the client’s website(s) is the sole responsibility of the client. The client agrees to indemnify and hold harmless Dot Cube from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney’s fees, costs, and other expenses incurred by Dot Cube, (collectively, Claims) related to or in connection with the content of the client’s website. The terms of this Section will survive any termination of this Agreement.
- The client acknowledges that the nature of the service furnished, and the initial rates and charges have been communicated to the client. The client is aware that Dot Cube reserves the right to change the specified rates and charges from time to time.
- The client agrees to follow generally accepted rules of “Netiquette” when sending e-mail messages or any other electronic communication from the services hosted by Dot Cube.
- Dot Cube will not change passwords to any account without proof of identification, which is satisfactory to Dot Cube, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes the client, the client understands that Dot Cube will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Dot Cube be liable for any losses incurred by the client during this time of determination of ownership, or otherwise. The client agrees to indemnify and hold harmless Dot Cube from any and all Claims arising from such ownership disputes. The terms of this Section will survive any termination of this Agreement.
- The client agrees not to harm Dot Cube, its reputation, computer systems, programming and/or other persons using Dot Cube’s services. Dot Cube reserves the right to select the server for the client’s website for best performance. The client understands that the services provided by Dot Cube are provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts. If the client’s website overwhelms the server and causes complaints from other users, the client has outgrown the realm of shared servers, and will need to relocate/upgrade its website. Dot Cube will refund any unused portion of prepaid services. If the client refuses to comply with this Section, then Dot Cube has the right to terminate the services provided to the client without any refunds of the unused portion prepaid by the client. The client agrees to indemnify and hold harmless Dot Cube and any other client from any and all Claims resulting from the client’s use of the services provided by Dot Cube. The terms of this Section will survive any termination of this Agreement.
- The client’s rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of Dot Cube.
- If the client sells or resells advertising or web space to a third party, then the client will be responsible for the contents of that advertising and the actions of that third party. Dot Cube has the absolute right to reject any advertising or other third-party content that is illegal, offensive or otherwise in breach of the then current Dot Cube Acceptable Use Policy. The e-mail distribution by the client of “SPAM”, “JUNK MAIL”, or “UNSOLICITED COMMERCIAL E-MAIL”, is expressly prohibited. If the client refuses to remove any advertising or other third-party content deemed objectionable by Dot Cube, Dot Cube may terminate the services being provided to the client.
- Dot Cube will use its best efforts to maintain a full time Internet presence for the client. The client 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 Dot Cube be liable to the client for any damages resulting from or related to any failure or delay of Dot Cube in providing access to the Internet under this Agreement. In no event shall Dot Cube be liable to the client 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 aggregate, total liability of Dot Cube under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the client hereunder. The terms of this Section will survive any termination of this Agreement.
- This Agreement applies to all accounts, sub-accounts, and alternative account names associated with the client principal account. The client is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. Any Dot Cube account may not be transferred without prior written approval from Dot Cube. The client is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the client’s account, the client will be liable for any unauthorized use of Dot Cube services, including any damages resulting there from, until the client notifies Dot Cube’ customer service.
- If Dot Cube assigns the client an Internet Protocol address in connection with the client’s use of the Dot Cube services, the right to use that Internet Protocol address will remain with and belong only to Dot Cube, and the client will have no right to use that Internet Protocol address except as allowed by Dot Cube in its sole and absolute discretion.
- This Agreement constitutes the entire agreement between the client and Dot Cube with respect to the Dot Cube services and supersedes all prior agreements between the client and Dot Cube. Dot Cube’s 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.
- The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mind set, 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 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.
- The client agrees to indemnify and hold Dot Cube harmless from any and all Claims resulting from or connected with any activities conducted by the client. The client and Dot Cube will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph will survive any termination of this Agreement.
- Dot Cube may include the client’s name and contact information in directories of Dot Cube’s service subscribers for the purpose promoting the use of the services by additional potential clients. However, Dot Cube is not authorized to print the client’s name, trademarks or other identifying information in any other advertising or promotional materials without the prior written consent of the client.
- The interpretation and enforcement of this Agreement shall be governed according the laws of the Republic of South Africa (excluding its choice of law rules). The client hereby consents to personal jurisdiction in the federal and provincial courts of South Africa for any action arising out of or relating to the client’s use of the Dot Cube services. The federal and provincial courts of South Africa will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees. The terms of this Section will survive any termination of this Agreement.
- Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery or by mail. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested; with all postage and charges prepaid. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, or as specified by subsequent written notice delivered by the party whose address has changed.
- Because the Internet is a global communication tool, and we have clients from nearly every country in the world it is difficult to dictate what is considered “adult material.” However, it is not our function to discriminate against those who choose to utilize adult content or adult related material.
- Once the client’s account has exceeded its allotted resource limits (such as, but not limited to bandwidth or disk space) additional fee’s will be applied. Full responsibility for any excess resources generated by an account is assumed by the client. Clients who exceed the allocated disk space or bandwidth allocation will be notified in writing to upgrade services to the next package level. Clients failure to respond to this notification within 72 hours of the first notification will result in an automatic upgrade in services.
- If the client’s account becomes overdue, the account will be suspended. Interest will accrue on the overdue account at a rate of 5% per month until the outstanding balance is paid in full.
- If the client charges back for services rendered, a R200 charge back fee will be added to the amount charged back by the customer.
- In the event of 5 days of non-payment, the client agrees to Dot Cube’ right to place a “suspension” notification on the clients domain. Furthermore, the client agree that DNS of the client domain will remain unchanged until full payment for the outstanding balance on the client account has been received by Dot Cube. A R250.00 re-connection Fee will be due on all overdue Invoices older than 30 days.
- If the client’s account is overdue for 60 days, the account will be cancelled, and all associated site files will be deleted from the server. At this time the client will be handed over to an outside collection agency and a R200 collection fee will be added to the balance previously due.
- Dot Cube may temporarily deny service or terminate this Agreement upon the failure of the client to pay charges when they become due. Such termination or denial will not relieve the client of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
- All accounts are subject to verification.
- The client agree that Dot Cube may establish limits concerning use of any Dot Cube service offered on any Dot Cube web site, including without limitation the maximum number of days that e-mail messages will be retained by any Dot Cube service, the maximum number of e-mail messages that may be sent from or received by an account on any Dot Cube service, the maximum size of an e-mail message that may be sent from or received by an account on any Dot Cube service, the maximum disk space that will be allotted on Dot Cube’ servers on the client behalf either cumulatively or for any particular service. The client agrees that Dot Cube has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any Dot Cube service. The client acknowledges that the features, parameters (for example, the amount of storage available to users) or existence of any Dot Cube service may change at any time.
- The responsibility of all passwords and other related sensitive information is assumed by the client, should any additional fees arise from resource consumption due to poor credentials (such as, but not limited to blank passwords or “test” accounts) no fault shall be levied on Dot Cube.
- Traffic Overage Disputes – Should the client wish to dispute a traffic overage charge the client may do so by requesting an overage investigation, however should the traffic usage be accurate within a 5% margin a once off charge of R150 per domain/server will be applied to the corresponding account.
- Clients are entitled to upgrade/downgrade their service at any time during the Hosting Period.
Design Service Agreement
Dot Cube (Pty) Ltd, is hereafter referred to as DOT CUBE DIGITAL SOLUTIONS.
This is an agreement between THE CLIENT and DOT CUBE (PTY) LTD (hereafter referred to as DOT CUBE DIGITAL SOLUTIONS) regarding the clients use of DOT CUBE (PTY) LTD Design Services. This Agreement governs the terms and conditions under DOT CUBE DIGITAL SOLUTIONS makes the services offered by DOT CUBE DIGITAL SOLUTIONS available to individual consumers through a personal computer or similar access, or to individual consumers or small businesses in connection with the “DOT CUBE DIGITAL SOLUTIONS” web design or similar services. As a minor formality, DOT CUBE DIGITAL SOLUTIONS conducts all Design, Development, and Positioning Service under the below agreement. A non-refundable Deposit of 50% of the quoted or packaged project will be due from THE CLIENT at the acceptance of the quotation.
SECTION 1: SERVICES
1.1 Project Services
Programming and Materials. DOT CUBE DIGITAL SOLUTIONS agrees to perform the work or services as specified. At the Clients request DOT CUBE DIGITAL SOLUTIONS will report to the Client on the Status of the Work.
1.2 Conduct of Services
DOT CUBE DIGITAL SOLUTIONS shall use its best effort to complete the Work outlined, and with a level of skill commensurate with the requirements of this Agreement.
1.3 Acceptance of Results
Client will inform DOT CUBE DIGITAL SOLUTIONS in writing on the same or next day after receiving the Work, or milestone deliverables of the Work, whether or not the Client is satisfied with the Work and to advise of any changes, if required. Should the client not inform DOT CUBE DIGITAL SOLUTIONS within the stipulated period, this will be seen as an acceptance of work or milestone deliverables and all outstanding Invoices for work or milestone deliverables will become due.
1.4 Additional Services
When required by the Client, the parties shall in good faith negotiate Supplemental Statements of Work (“Supplements”), each of which shall be deemed a part of this Agreement.
1.5 Method of Delivery
Unless otherwise specified by the Client, the method of delivery for completed works, under this agreement, shall be made, in the case of websites, through the uploading to the hosting web server. Whereby making the completed project available to all who visit Clients Internet domain. For all other completed works via an acceptable electronic communication medium, i.e. e-mail.
1.6 Method of Performing Services
DOT CUBE DIGITAL SOLUTIONS shall have the right to determine the method, details, and means of performing the work to be done for the Client. The Client shall have no right to, and shall not, control the manner or determine the method of accomplishing DOT CUBE DIGITAL SOLUTIONS’ services. DOT CUBE DIGITAL SOLUTIONS may, however, require the Client’s personnel at all times to observe security and safety policies of DOT CUBE DIGITAL SOLUTIONS. In addition, the Client shall be entitled to exercise broad general power of supervision and control over the results of the Work performed by DOT CUBE DIGITAL SOLUTIONS or DOT CUBE DIGITAL SOLUTIONS’ personnel to ensure satisfactory performance, including the right to stop work, the right to make suggestions or recommendations as to details of the work, and the right to propose modifications to the work.
At the Client’s request, DOT CUBE DIGITAL SOLUTIONS will report to the Client on the status of the Work. Unless otherwise specified by the Client, all works will be made available to the Client via the Clients website.
SECTION 2: PAYMENT
Compensation for all Work shall be specified in the quotation.
2.2 Payment Terms
As applied to “New Client Projects”, unless otherwise noted. The Client is required to pay a non-refundable deposit of 50% of the total cost, prior to start of project. The Client further understands that the remaining balance will be due within 5 days of completion of the project. The work will be handed over to the client upon receipt of final payment.
SECTION 3: TERMS
The term of this Agreement shall commence on the date of acceptance of the quotation, either in writing or implied by the payment of the required deposit and will end on the date of receipt of final payment.
DOT CUBE DIGITAL SOLUTIONS and the Client may terminate this Agreement at any time, for any reason, with or without cause, by giving the Client or Company written notice of termination. Termination will be effective within forty-eight hours of receipt of notice. If the Client terminates for convenience, it will pay DOT CUBE DIGITAL SOLUTIONS either for hours worked up to the date of termination, or in the case of a flat fee, for all accepted milestones and a prorated amount for partially completed deliverables. DOT CUBE DIGITAL SOLUTIONS will submit invoices to the Client for payment of all outstanding amounts and the Client will pay all undisputed amounts within seven (7) days of receipt of the invoices.
3.3 Termination for Material Breach
Either party has the right to terminate this Agreement if the other party breaches, or is in default of any obligation hereunder, which default is incapable of cure, or which, being capable of cure, has not been cured within fifteen (15) business days after receipt of written notice from the non-defaulting party, or within such additional cure period as the non-defaulting party may authorize.
3.4 Remaining Payments
Within three (3) days of termination of this Agreement for any reason, DOT CUBE DIGITAL SOLUTIONS shall submit to Client an itemised invoice for any fees or expenses accrued under this Agreement. The Client, upon payment of accrued amounts so invoiced, shall thereafter have no further liability or obligation to DOT CUBE DIGITAL SOLUTIONS whatsoever for any further fees or expenses arising hereunder.
3.5 Survival of Termination
Notwithstanding any termination of the terms of this Agreement, the rights and licenses granted under Section 4 and the Trade Secret and Proprietary Protection of Section 5 hereof shall continue in effect in accordance with their terms and the Confidentiality of Section 6.
SECTION 4: RIGHTS AND LICENSES
As between DOT CUBE DIGITAL SOLUTIONS and the Client, except as set forth below in this Section 5, all right, title, and interest, including copyright interests and any other intellectual property, in and to the Work, or any deliverables created by the Work, including but not limited to any other programs, systems, data, or materials produced or provided by DOT CUBE DIGITAL SOLUTIONS, alone or in combination with the Client and/or its employees, under this Agreement shall become the property of Client upon receipt of final payment for services.
4.2 Company Data
All right, title, and interest in and to any data relating to DOT CUBE DIGITAL SOLUTIONS’ business are and shall remain the property of DOT CUBE DIGITAL SOLUTIONS, whether or not supplied to the Client.
SECTION 5: TRADE SECRETS
As used herein, the term “Trade Secret (s)” shall include, but not limited to, DOT CUBE DIGITAL SOLUTIONS information encompassed in all patents, patent applications, copyrights, computer software, web documents, source codes, documentation and operating manuals for such software or source codes, scientific or technical data, information, design process, procedure, formula, or improvement that is commercially valuable to DOT CUBE DIGITAL SOLUTIONS know-how, plans, proposals, marketing and sales plans, Company lists, Company files, financial information, costs, pricing information, risk analysis, information regarding DOT CUBE DIGITAL SOLUTIONS prospects and dealers or distributors, and all concepts or ideas in or reasonably related to the business of DOT CUBE DIGITAL SOLUTIONS (whether or not conceived by the Client or employees or agents of DOT CUBE DIGITAL SOLUTIONS) and not generally in the industry.
SECTION 6: WARRANTIES OF WORK
Warranties of Work
6.1 DOT CUBE DIGITAL SOLUTIONS warrants and represents that it will perform the Work with due diligence and in full compliance with the terms and conditions of this Agreement and the highest professional standards of one skilled in DOT CUBE DIGITAL SOLUTIONS’ industry.
6.2 With respect to all subject matter, including ideas, inventions, creations, works, processes, designs and methods, that DOT CUBE DIGITAL SOLUTIONS will disclose, use, or authorised by Client to use, in its performance of the Work or the granting of any rights under this Agreement, DOT CUBE DIGITAL SOLUTIONS warrants and represents that it has the right to make such disclosures, use and grant without liability to others. DOT CUBE DIGITAL SOLUTIONS further warrants that: (1) it is able to perform the Work and that it does have an understanding or agreement with anyone else to perform such Work; (2) the Work, the software, if any, and all other services, information, or materials it provides will not in any way be derived from the confidential or proprietary information of any party other than DOT CUBE DIGITAL SOLUTIONS or the Client unless specifically authorized in writing by such third party source, (3) the Work or software, if any, do not and will not infringe any Intellectual Property Rights of others, unless given permission from third party; and (4) DOT CUBE DIGITAL SOLUTIONS has full power to enter into this Agreement, to carry out its obligations under this Agreement.
6.3 In no event shall DOT CUBE DIGITAL SOLUTIONS be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss/damage whatsoever arising from loss of data or profits out of or in connection with this service agreement.
SECTION 7: OTHER
7.1 Independent Contractors
The parties are and shall be independent contractors to one another, and nothing shall be deemed to cause this Agreement to create an agency, partnership, or joint venture between the parties. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between DOT CUBE DIGITAL SOLUTIONS and either the Client or any employee or agent of the Client.
All notices required or permitted hereunder shall be given in writing addressed to the respective parties as set forth herein, unless another address shall have been designated, and shall be delivered by hand or by registration or certified mail, postage prepaid.
7.3 Entire Agreement
This Agreement constitutes the entire agreement of the parties hereto and supersedes all representations, proposals, discussions, and communications, whether oral or in writing.
7.4 Parties in Interest
This Agreement is enforceable only by the Client and DOT CUBE DIGITAL SOLUTIONS. The terms of this Agreement are not a contract or assurance regarding compensation, continued employment, or benefit of any kind to any personnel assigned to DOT CUBE DIGITAL SOLUTIONS’ work, or any beneficiary of any such personnel, and no such personnel (or any beneficiary thereof) shall be a third-party beneficiary under or pursuant to the terms of this Agreement.
7.5 Arbitration and Mediation
The parties agree that they shall endeavour to settle any dispute that arises under this Agreement by Mediation.
As per this agreement, DOT CUBE DIGITAL SOLUTIONS will develop/design and provide support for such design of Client(s) work. The below listed services might be/are included: Web Development Graphic Design and Implementation Installation and Setup of Content Management System (CMS) Installation and Setup of E-Commerce Shopping Trolley and Standard Payment Gateway Systems Development.
The client further more grants DOT CUBE DIGITAL SOLUTIONS between 10 – 15 working days to complete all work relating to Graphic Design and Web Design projects. Time allocations relating to System Development will be provided to the client on commencement of the work.
The Client further understands that it is the sole responsibility of the Client to provide the content (text/copy) and images for the work. DOT CUBE DIGITAL SOLUTIONS will design and layout the provided content (text/copy) and images within the assembled application, based on the requirements and instructions provided to DOT CUBE DIGITAL SOLUTIONS by the Client. DOT CUBE DIGITAL SOLUTIONS cannot be held liable for the content (text/copy) or images or design and layout within the assembled application were such content and instruction were received from the Client.
By providing content to DOT CUBE DIGITAL SOLUTIONS the Client automatically grants (or warrants that the owner of such content expressly granted) DOT CUBE DIGITAL SOLUTIONS, DOT CUBE DIGITAL SOLUTIONS Affiliates and their designees a perpetual, royalty-free, irrevocable, and non-exclusive right and license to use, copy, sub-licence, reproduce, modify, adapt, publish, translate, publicly perform, display and distribute content (including any ideas, concepts, know-how or techniques contained therein), and create derivative works from and incorporate content (or any part thereof) into any form, medium, or technology now known or later developed throughout the world. In addition, the Client warrants that it has the rights necessary to grant such licence and that all so-called “moral rights” in any content have been waived.
DOT CUBE DIGITAL SOLUTIONS prohibits the supplying of content that contains music, software, images (still or moving), literary or artistic works or other material protected by intellectual property laws (or that may infringe others’ intellectual property rights), unless the Client owns or controls the exclusive rights thereto or has received all required consents (which the Client warrants if such content is provided). DOT CUBE DIGITAL SOLUTIONS prohibits the supplying of actual or suspected copyrighted materials, the use of which is unauthorised, or counterfeit materials.
7.7. Support and Maintenance
DOT CUBE DIGITAL SOLUTIONS will provide to the client access to the Content Management System for the purposes of site maintenance and updates. DOT CUBE DIGITAL SOLUTIONS will also provide the Client with Tutorials on how to use the Content Management System.
SECTION 8: MISCELLANEOUS
If any provision of this agreement is held to be unenforceable, the unenforceable provision shall be deemed to be replaced by a valid, enforceable provision that most closely matches the intent of the original provision. This shall not affect the validity or enforceability of the remaining provisions.
Without prejudice to the disclaimers and liability limitations in this agreement, no claim or action against DOT CUBE DIGITAL SOLUTIONS or DOT CUBE DIGITAL SOLUTIONS Affiliates may be brought by any person in relation to or arising out of this agreement unless such claim or action is commenced and notified to DOT CUBE DIGITAL SOLUTIONS in writing within 1 year after the date the cause of action first arose.
DOT CUBE DIGITAL SOLUTIONS employees and agents are not authorised to vary this agreement. Nothing said by any sales or customer relations person on behalf of DOT CUBE DIGITAL SOLUTIONS should be understood as a variation of this agreement or as an authorised, legally binding representation about this agreement or the nature or quality of products or Services displayed or other content. The headings in this agreement are for convenience only and shall have no effect on the construction of this agreement.
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