Terms & Conditions
1. Definitions and Interpretation
1.1 In these Terms and Conditions, the following expressions shall have the meanings set opposite them, unless specifically indicated otherwise or the context clearly indicates a contrary intention:
“NIIS” refers to Network Infrastructure IT Services (Pty) Ltd, hereinafter referred to as NIIS;
Use of “our”, “ours”, “us”, “we” and similar terms refer to NIIS.
“Client” means the person and / or persons and / or organisation / entity entering into this Agreement with NIIS.
Use of “you”, “yours” and similar terms refer to the client.
"Agreement", “Terms and Conditions” and “Contract” mean these General Terms and Conditions, together with any Quotation supplied by NIIS and / or any Booking Form filled in by the client;
“Webinar” means training sessions, courses and / or consultations conducted online and / or via telephone and / or via e-mail.
1.2 The headings are for convenience only and shall not affect the interpretation of this Agreement.
1.3 If a client comprises of more than one person or entity, all obligations of such client shall be joint and several as regards such persons and entities.
1.4 Reference to the singular includes the plural and vice versa.
1.5 Reference to one gender includes the other gender unless indicated otherwise.
1.6 Natural person includes an artificial person and vice versa.
2.4 No person using or browsing our websites or using our services may modify or use the content of our websites or other materials including text, graphics, audio or any other means of communication or information, or any other information sent by NIIS, including text, graphics, audio or any other means of communication or information without our written permission, subject to the provisions in clause 1.7. All our content and materials are subject to copyright and all rights are reserved.
2.5 NIIS may communicate with you electronically from time to time, via e-mail and / or posting of notices on our websites. You agree that any such electronic communication shall satisfy any legal requirements that such communication “be in writing.” E-mail specifically will be regarded as “written” communication in all matters requiring changes or authorization to be given “in writing.”
2.6 NIIS grants interested website owners / webmasters a revocable, limited and non-exclusive right to place a hyperlink from their website to ours, subject to the following conditions:
2.6.1 NIIS be informed in writing of such link.
2.6.2 The link be removed immediately at our request.
2.6.3 The link does not portray NIIS or any of our products and / or services in any way which may be perceived as misleading, derogatory or offensive.
2.7 The NIIS websites are provided “as is” and have not been designed or developed to meet individual user requirements. It is the client and user’s sole responsibility to ensure that the services and products offered on these websites will satisfy his / her specific requirements.
2.8 NIIS reserves the right to withdraw any of the products and / or services offered on any of our websites at any time.
2.9 NIIS reserves the right to refuse or terminate any project that in any way contains any material that is, including but not limited to, unlawful, discriminatory, defamatory, offensive, libellous, inflammatory, obscene, hateful or which contravenes the laws and statutes of the Republic of South Africa or any international law or with which NIIS decides, for any reason, not to be involved. Projects, and websites in particular, that deal with pornography, pirated software or hackers programmes or that violate copyright, trade secrets, trade marks or other intellectual property rights will not be dealt with by NIIS. Websites found to be violating this clause will be subject to immediate termination and / or cancellation at our sole discretion. Moreover, NIIS holds no responsibility for the use of our clients' accounts. Failure to comply with any of these terms and conditions may result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as NIIS sees fit.
2.10 All documents, files and other communications and information sent to NIIS will be legible in both format and content. Text intended for inclusion in any project must be supplied in an editable digital format (e.g. Word document, plain text file etc).
2.11 The client authorizes NIIS to use the client's name, website, copies of completed projects and testimonials as samples, part of its portfolio and for any and all advertising and promotional purposes. The client further authorizes NIIS to make known the fact, in writing or otherwise, that a client’s project was done or is being done by NIIS.
2.12 All projects and services shall be completed according to the specifications stipulated on the quotation provided by NIIS. Any work done in addition to / outside of these specifications may be billed additionally at the hourly rate of £35.
3. Copyright and ownership
3.1 Copyright and all other intellectual property rights of all content on our websites, in our marketing and educational materials and products, as well as our webinars and training courses (including but not limited to designs and original text and code (written by NIIS) graphics,images, logos, presentations, slides, flowcharts, notes, data, documentation, video and audio recordings, audio commentary, visual presentations, mind maps, any course related files and downloads) remains the property of NIIS unless indicated or specifically agreed otherwise and all rights to such content is expressly reserved.
3.2 Information and content provided in any NIIS webinar training session, course and / or consultation is the property of NIIS. Use of this information by third parties is strictly prohibited. NIIS' webinar training sessions, courses and / or consultations may not be recorded or reproduced in any manner without the full written consent of NIIS. NIIS grants the client a non-exclusive, non-transferable, non-sublicensable licence to use such information and content solely for the purpose of receiving the training, course or consultation.
3.3 Under no circumstances may the whole or any part of the NIIS' information or content be produced or copied in any form or by any means or be translated into another language by the client without the prior written permission of NIIS.
3.4 The client shall not delete, amend, alter or deface any confidentiality or proprietary notices on any and all information or content supplied by NIIS.
3.4 The client shall keep any and all information or content supplied by NIIS confidential. Furthermore, the client shall ensure that his employees, agents, subcontractors or suppliers are also bound by this confidentiality in respect of any and all information or content supplied by NIIS
3.5 All trademarks that are not owned by NIIS and that appear on our websites, in our marketing and educational materials and programmes are the property of their respective owners. NIIS is not responsible or liable for any information or views expressed in any way by the owners or representatives of such trademarks and / or their companies.
3.6 Our website solutions are based on Open Source programmes and Content Management Systems. The source code of these programmes and CMS’s is licenced according to the GPL (General Public Licence). The installation, setup, research, customisation, updates, debugging and associated activities involved with both the designs / layouts and source code of the various systems and programmes, which are necessary to create and provide the specific websites solutions offered, as well as the creation and / or adaptation and provision of user manuals and help materials relating to these programmes and solutions as offered by NIIS, requires an advanced level of expertise in various disciplines and ongoing work on the part of NIIS. It is this expertise and the ongoing work by NIIS as is necessary to continue to provide up-to-date solutions, that is charged for and not the original source code itself upon which our solutions are based. Specific system customizations provided remain the property of NIIS.
3.7 The client is not permitted to share or resell any of the NIIS solutions and / or user manuals and / or help materials and / or any other product or service developed and / or offered by NIIS nor may he permit any third party to access the user manuals and / or help materials specifically developed by NIIS without the prior consent of NIIS. The client is responsible for maintaining the confidentiality of his account password/s and the contents of that account. For security and protection of copyright, the client is obligated to inform NIIS if he has any reason to believe that password and / or login details needed to access any materials supplied by NIIS for the exclusive use of its clients have become known to any individual, group of individuals, company or organization who / that is not authorized to have them.
3.8 Websites, logos and text become the property of the client once all outstanding payments related to these projects are settled.
3.9 The client retains his copyright and ownership of any text and / or designs which he supplies for use in a project to be done by NIIS and warrants that such text and / or design or any other information does not infringe upon any copyright, trademark or other right of any third party.
4. Services and Products
4.1 Hosting, Servers and E-mail
4.1.1 NIIS will administer the hosting of all websites designed, developed and / or maintained by us, unless specifically agreed otherwise.
4.1. 2 All websites hosted through us will be subject to both these Terms and Conditions as well as Hetzner Africa’s hosting Terms and Conditions. (A copy of these Terms and Conditions is available on request.)
4.1.3 Hosting shall continue indefinitely and shall be terminable on the expiry of a minimum of 30 days written notice given by either party to the other.
4.1.4 Each hosting package is subject to particular bandwidth, diskspace and other specifications sizes and limitations. The addition of extra functionality to a website, such as e-commerce or photo galleries, may have an impact on these sizes and limitations. Should the specifications of the chosen hosting package be exceeded, such excesses will be charged for at £0.25 per MG or such rate as may be determined from time to time. To limit the possibility of excess charges for South African customers, any such extra functionality added to a website may be hosted on our international servers.
4.1.5 Please refer to clause 6 with regard to hosting payments.
4.1.6 Any attempt to undermine or cause harm to a server or client of NIIS is strictly prohibited. As our client you are responsible for all your accounts. Should you violate these Terms and Conditions, your account may be cancelled without chance of refund.
4.1.7 Our network and servers are monitored continuously, and are rarely down except for scheduled maintenance and hardware and software upgrades. Although NIIS has an excellent record for reliability using the hosting providers we do and our average uptime is 99.9%, we do not offer an uptime guarantee. Please also see clause 7.3 and 7.4 in this regard.
4.1.8 Audio / video streaming is not hosting friendly. As such, NIIS does not allow any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.
4.1.9 Accessing, illegally or without authorization, computers, servers, accounts or networks belonging to NIIS or any of our clients and/ or service providers, or attempting to penetrate security measures of any part of any client's accounts and / or systems, (often known as "hacking") on or in computers, servers, accounts or networks belonging to NIIS or any of our service providers is strictly prohibited. Any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity) is also strictly prohibited. Legal action may be taken against anyone who attempts, requests or encourages such activities.
4.1.10 Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks is strictly prohibited. Also, activities that disrupt the use of or interfere with the ability of other clients of NIIS to effectively use our network or any connected network, system, service or equipment, including computers and servers, is strictly prohibited. Such activities will result in immediate termination of your account and legal action may be taken against you.
4.1.11 NIIS will not intentionally monitor private electronic mail messages sent or received by its clients, unless required to do so by law. NIIS may, however, monitor its service electronically to determine that its facilities are operating satisfactorily.
4.1.12 Newsletter, e-mail and mass e-mail systems and functionality supplied by NIIS may not be used for sending unsolicited bulk and/or commercial information (spam). Mail may only be sent to people who have expressly given their consent to receive e-mail from you. Abuse of these systems will lead to immediate termination of the entire hosting account and removal of the systems from the relevant server.
4.2.1 Clients ordering a website will have a number of template designs from which to choose unless specifically quoted for a custom design.
4.2.2 Setup fees do not include copywriting, translation, editing or proofreading of text unless otherwise specified. All text to be included on the website must be supplied in an editable, digital format.
4.2.3 Our websites incorporate a Content Management System which allows the client to make updates and changes to his website himself. According to general industry standards and practice, this system is considered user-friendly. However, NIIS does not guarantee the client’s ability to use the CMS system.
4.2.4 Websites found to be in violation of clause 2.9 are subject to immediate termination at our sole discretion.
4.2.5 Our websites are usually completed within 22 working days from the day on which we receive all the information the client wants to have appear on his website (logo, content, graphics, etc). If the FastTrack option is selected, the website is guaranteed to be completed within 14 working days from the day on which we receive all the information the client wants to have appear on his website (logo, content, graphics, etc). The FastTrack delivery option is subject to availability. Only a limited number of FastTrack websites are offered each month. Availability of this option will be confirmed when an order is received. If a client's website is not up and running within the guaranteed FastTrack delivery time, NIIS will host the website free for the first three months. This guarantee is void should the website not be completed within 14 working days due to to any cause beyond our reasonable control including, without limitation, failure or interruption of power supplies, failure of fixed line (ADSL) and / or other internet connectivity, failure of a network(s), technical failures, service interruptions, electromagnetic interference, radio interference, embargo, accident, epidemics, flood, drought, lightning, fire, any acts of God, labour disturbances including but not limited to strike, lockout, or other industrial disputes (whether involving the workforce of the party so prevented or of any other party), environmental hazards, acts of terrorism, acts or omissions of Government, civil disturbance, political disturbances or any other circumstances beyond our control.
4.2.6 The setup of the photo gallery, catalogue and/or shopping cart functionality includes the addition of up to 7 categories and 35 products / images which must be supplied by the client.
4.3 Domain names
4.3.1 Domain names are registered in the name of the client, making the client the legal owner of the domain name.
4.3.2 Domain names must be renewed annually. Website clients hosting with us will have their domain names automatically renewed as an additional service unless we are instructed otherwise and this renewal will be billed for separately.
4.3.3 The client is responsible for the use and / or retention of his registered domain name(s). It is the client's responsibility to ensure that his domain name does not infringe on any copyright or trademark rights of any third party.
4.3.4 NIIS makes no guarantees as to the availability of any particular domain name.
4.3.5 Should a client request a domain name and the domain is subsequently registered with the spelling provided and it is then decided that the spelling is incorrect, the client will remain liable for the registration fees for that domain. The correctly spelled domain name can then be registered at the normal cost of a new domain registration.
4.4 Training and Consulting
4.4.1 Booking procedure
184.108.40.206 Bookings for webinar training sessions and / or consultations should be made online on the relevant website. Any such booking is subject to availability of space in the relevant webinar.
220.127.116.11 When a booking has been made, we will send the client a confirmation e-mail.
18.104.22.168 Any information needed by the client prior to his training and / or consultation will be sent once the booking is confirmed.
22.214.171.124 Webinar access instructions will be sent shortly after registration to the e-mail address provided during the sign up process.
126.96.36.199 NIIS in its sole discretion reserves the right to decline to book any person or company for any webinar.
188.8.131.52 The client must have his webinar ID and other information contained in the reminder email, if applicable, in order to access the webinar training and / or consultation sessions. Individuals who are not registered, or anyone attempting to use a webinar ID which has already been submitted to NIIS, will not be able to participate in the webinar.
184.108.40.206 Booking one webinar training session, course and / or consultation entitles one person to attend or access the training and use / access the materials associated with that course.
4.4.2 Transfer of training or consultation date
220.127.116.11 Should the client be unable to attend a booked course or consultation on the date scheduled, he may request a transfer to another scheduled course date or available consultation date and time. Every effort will be made to accommodate this request. Alternatively, he may nominate someone else to attend the training and / or consultation in his place or request a recording of the webinar session. Not all webinar presentations will be recorded and / or available after a live event – the client must confirm that a recording will be made before the webinar takes place if he would like a recording due to his being unable to attend on the scheduled and booked date.
18.104.22.168 Cancellations of training and / or consultations made 4 business days or more before the scheduled date will be refunded in full.
22.214.171.124 Cancellations of training and / or consultations made 3 business days or less before the scheduled date may be credited towards future events, however, no refunds will be issued.
126.96.36.199 If the client does not attend the webinar without cancelling timeously, he will not automatically be entitled to a refund or rescheduling.
188.8.131.52 NIIS reserves the right to make appropriate changes to the course timetable and content and / or to cancel or withdraw any training course or session without notice for any reason, including insufficient pre-registration. In the event that NIIS cancels or withdraws a training course or session, registration fees will be refunded to persons who have already booked.
4.4.4 Client conduct during webinar
184.108.40.206 The client is solely responsible for the content of his transmissions through the webinar training sessions, courses and / or consultations. NIIS does, however, in our sole discretion, reserve the right to refuse, limit, cancel or take any other action deemed necessary or appropriate, including excluding a webinar participant, from the webinars if we believe the client or his transmissions or participation in a webinar may create any kind of liability for NIIS or the other participants. In such an event, no refund will be payable to the excluded participant or his organisation.
220.127.116.11 The client may not use the webinars to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Furthermore, the client may not to transmit through the webinar or otherwise, any unlawful, harmful, abusive, libellous, threatening, harassing, vulgar, obscene or otherwise objectionable material of any kind.
18.104.22.168 We will specify the dates of webinar training courses and / or sessions. Individual sessions and / or consultations will be scheduled by mutual agreement.
4.4.6 Support sessions
22.214.171.124Support sessions are only provided for the packages indicated – they are not an automatic inclusion in all training packages.
126.96.36.199Although all reasonable effort will be made to include only one participant per industry in each training session, this is not guaranteed and is not applicable to the support sessions.
4.5 Copywriting, translation and editing
4.5.1 In the case of a translation where the source text is not clear in its meaning or where a direct translation cannot be made, the translator will strive to remain as close to the intent of the source text as possible.
4.6.1 All new hardware except mice, keyboards and fans, come with a one year limited warranty, unless otherwise specified. Failure of hardware due to abuse, misuse, power surges, faulty electrical connections, acts of God and improper connection / installation are not covered by the warranty.
4.6.2 All hardware remains the property of NIIS until paid for in full. NIIS reserves the right to repossess any hardware supplied that has not been paid for in full according to the terms specified on the original quotation.
4.6.3 NIIS has a no returns policy on hardware. Warranties will be honoured but NIIS will not accept returns on hardware that has been ordered and delivered.
4.6.4 Orders which are cancelled before delivery will be subject to a 15% of quoted price handling fee.
5.1 Any bank and / or transaction fees associated with the use of a client's merchant account (which is normally necessary in order to conduct e-commerce trading and to enable payment by credit card on a website) will be for the client's own account.
5.2 Any bank and / or transaction fees associated with the use of a client's payment gateway provider (which is normally necessary in order to conduct e-commerce trading and to enable payment by credit card on a website) will be for the client's own account.
5.3 In the case of credit card payment facilities being required on a website but where the client does not have his own merchant account with a bank and a payment gateway provider, the client can apply to make use of an alternative solution such as Setcom, 2Checkout or MoneyBookers. Application must be made directly to the company concerned. Any fees associated with the setup and / or running of such a solution, as levied by the provider concerned, will be for the client's own account. The client shall furthermore also agree to such provider's Terms and Conditions.
5.4 NIIS shall undertake to integrate the chosen provider's merchant facilities into the client's website if the client so requires but accepts no responsibility or liability for the functioning, availability, security and / or accuracy of any aspects of the service that are delivered by and / or dependant on the provider of the merchant facilities.
5.5 NIIS accepts no responsibility or liability for any loss, damages, fees, reverse order costs, charge backs or any other fees / costs the client may incur due to transactions on his website that are concluded by credit card or by any other means. Any resolution of any issues or disputes arising from such transactions will be reached between the client and / or the bank concerned and / or credit card company concerned and / or merchant account provider and / or the client's customer. The client indemnifies NIIS from any claim or involvement in such disputes.
5.6 It is the client's responsibility to remain vigilant with regard to all credit card transactions and to be on the look out for any fraudulent credit card transactions. Furthermore, it is the client's responsibility to check any payment made against his original pricing and ordering information and procedures, before effecting delivery of any service or merchandise.
5.7 Any VAT or other applicable taxes, import and / or export duties, shipping and delivery costs and any other costs associated with any transaction initiated on or by a client's website must be calculated, accounted for and received / paid by the client. NIIS may provide a website by means of which e-commerce / online trading can be effected but the responsibility and liability for the pricing, procurement and delivery of goods and services so offered, as well as any fees associated with the completion of any envisaged transaction or resolution of any dispute arising from such transaction remains the client's sole responsibility.
6 Rates, Charges and Payment
6.1.1 Acceptance of our quotation constitutes an order to work.
6.1.2 Domain names are registered in the name of the client and are subject to an annual renewal fee. This renewal fee (not applicable for SnapSites clients as it is included as part of the system) will be added to the client’s normal monthly fee and / or hosting invoice in the renewal month and collected with that month’s debit order payment.
6.1.3 For all other projects, except fully customised websites and SnapSites websites (which are payable according to the provisions below), and except hardware (see 9.2), a 50% deposit is payable upon acceptance of the quotation, the balance being payable on delivery of the completed project. This deposit is 50 percent non-refundable, with the other 50 percent becoming non-refundable once work has been started on the project.
6.1.4 Hosting is payable from the date of registration of the client's domain name and / or the date on which work is started on his project. Hosting fees are not refundable.
6.1.5 Notice of an increase in hosting fees will be given 30 days in advance of the increase becoming effective. Unless notice is received in writing that the indicated increase is not acceptable and that the hosting contract shall thus be terminated on the expiry of 30 days (as stipulated in clause 4.1.3), it will be deemed that this increase has been accepted and that authorization for the increased payment via debit order has been given.
6.1.6 Electronic media design & DTP quotations are based on the estimated time and complexity needed to complete a project. Translation project quotations are based on the word count of the original text and will be invoiced according to this count. Editing and proofreading quotations are based on the word count of the original text but are invoiced according to the word count of the final document.
6.1.7 Any extra project expenses, such as long distance telephone and fax calls or courier costs as well as any money transfer fees, are for the client’s account.
6.1.8 Payment is strictly COD. If the deposit is waived for any reason, the total amount is payable upon delivery.
6.1.9 Late payments and / or outstanding accounts will be subject to interest from the date of invoice at prime rates as determined by the SA Reserve Bank from time to time.
6.1.10 In the case of websites, if payment is not brought up-to-date within seven days, the website concerned will also be suspended and removed from the server and replaced with a notice which reads “This website has been suspended due to non-payment” until such time as the relevant payments are up-to-date.
6.1.11 A “reconnection” fee of £15.00 will apply to websites that are removed and then reloaded on to the server due to late payments. Re-connections may take one or more working days and NIIS will not be held responsible for any damages, losses or claims which arise as a result of a website being suspended.
6.1.12 Any design, text, layout, programming, coding or other creation created or provided by NIIS may only be used for the purpose agreed upon between NIIS and the client and as specified on the quotation. Any use of any design, text, layout, programming, coding or other creation created or provided by NIIS other than for the purpose agreed upon between NIIS and the client and as specified on the quotation may be subject to additional charges.
6.1.13 Any design, text, layout, programming, coding or other creation for which NIIS is contracted will be supplied in the manner specified on the quotation. Supply of the design, text, layout, programming, coding and/or other creation in a format other than as specified on the quotation will be charged for at a rate of 50% above the original creation charge.
6.1.14 The client agrees to pay for all work done regardless of whether or not he still intends to use it in any way. If a website order is cancelled after NIIS has already started work on the project, the client will be billed for the work already done that is not covered by the deposit.
6.1.15 A new website will be hosted at a temporary URL while it is being developed. Once the website is completed and the final payment has been received, it will be transferred to its permanent URL.
6.1.16 Prices are subject to change and all quotations are only valid for twenty one days, except for hardware quotations, which are only valid for seven days.
6.1.17 The responsibility and liability for all collection costs and attorney's fees levied on any outstanding amounts owed to NIIS rests with the client.
6.2.1 Two payment options are available for website projects:
188.8.131.52 A 50% deposit is payable upon acceptance of the quotation, the balance (plus any amount due for work in addition to that quoted on) being payable on delivery of the completed project. This deposit is 50 percent non-refundable, with the other 50 percent becoming non-refundable once work has been started on the project.
184.108.40.206 A 40% deposit is payable upon acceptance of the quotation. 30% of the total is payable at the end of the calendar month in which the quotation is accepted and the balance (plus any amount due for work in addition to that quoted on) is payable on delivery. This deposit is 50% non-refundable; the other 50% becomes non-refundable once work is started on the project.
6.2.2 With regard to both payment options: should work on a website be halted for more than 30 days from the initial deposit through no fault of NIIS, the remaining balance on the project will become due.
6.2.3 The deposit is payable via electronic transfer or direct bank deposit or credit card payment before any work is started on the website.
6.2.4 The full deposit is non-refundable once the setup of the website is completed. Should NIIS be instructed to terminate the setup once work has already been started thereon, a refund minus any direct and indirect costs (including but not limited to domain name registration and man hours) already incurred by NIIS due to the work in progress will be made.
6.2.5 Any monthly fees (including hosting fees) for a website are payable one month in advance via debit order.
6.2.6 Joomla websites and other Content Management System websites are built using a Content Management System which enables the client to make changes and updates to the website himself.
220.127.116.11 Should such an update result in the website becoming dysfunctional in anyway and NIIS is required to repair the website, an hourly rate will be charged (currently £32 per hour).
18.104.22.168 If a client would prefer NIIS to effect the addition of menu and / or new structural items from the beginning, these additions will be done at a rate of £5 per item.
22.214.171.124 If NIIS is required to effect the addition or editing of content on existing or new pages, such changes will be charged at the hourly rate.
126.96.36.199 Basic technical support via e-mail is free.
188.8.131.52 Technical support via telephone will be charged at a rate of £8 per 15 minutes or part thereof.
6.3.1 The full amount is payable upon acceptance of the quotation. Account facilities are not available and no deliveries will be made without proof of payment.
6.4 Debit Orders
6.4.1 Website services and hosting for all websites are payable monthly in advance and these fees will be handled by debit order. This debit order will normally be processed on the 1st, 7th or 21st of each month (depending on the selected payment date)(this may vary slightly depending on public holidays and weekends).
6.4.2 Any changes with regard to the account on which the debit order will be run must reach NIIS before the 12th of each month.
6.4.3 Should a website service fee or hosting payment not be recovered during the normal monthly processing and the payment is not brought up-to-date within seven days, the website concerned will be suspended and removed from the server and replaced with a notice which reads “This website has been suspended due to non-payment” until such time as the relevant payments are up-to-date.
6.4.4 A “reconnection” fee of £15.00 will apply to websites that are removed and then reloaded on to the server due to late payments. Re-connections may take one or more working days and NIIS will not be held responsible for any damages, losses or claims which arise as a result of a website being suspended.
6.4.5 Should a debit order payment not be recovered on the relevant selected payment date and the payment is not brought up-to-date within seven days, this payment will be processed with the next payment, resulting in a double payment the following month. A £15 administration fee will be charged for payments that cannot be processed.
6.6.6 A website’s yearly domain renewal fee will also be deducted via debit order when it becomes due. The renewal fee will be added to the hosting amount for the applicable month and will be processed as part of that month's debit order.
6.6.7 Other payments which may be made via debit order include monthly updates and payments for mass mailing and / or other systems and services. These debit orders will also normally be processed on the payment dates indicated in clause 6.4.1.
6.6.8 Clients making use of our debit order system authorize NIIS and our duly appointed agents to debit the relevant account with the applicable amount each month. All such withdrawals from the client's account by NIIS or our duly appointed agents (Netcash Pty Ltd and / or AlertPayTM) shall be treated as though they had been signed by the client personally. The client agrees to pay any banking charges relating to this debit order instruction. This authority may be cancelled by means of giving NIIS thirty days notice in writing but the client understands that he will not be entitled to any refund of amounts, which NIIS or our duly appointed agents have withdrawn whilst this authority was in force if such amounts were legally owing to NIIS. The client acknowledges that NIIS, hereby authorized to effect the drawing(s) against his account, may not cede or assign any of its rights without informing the client and that the client may not delegate any of his obligations in terms of this contract/authority to any third party without the prior written consent of NIIS.
6.6.9 The submission of bank account information to NIIS constitutes authorisation by the client for NIIS and our appointed agents to debit the specified account for the amounts owed to NIIS.
6.6.10 Responsibility for all bank fees, penalties or levies (including fees charged to the client by the bank due to the client not having sufficient funds in the account at the time the debit order is processed) that arise as a result of the use of a debit order rests with the client.
7. Disclaimers (including e-mail disclaimers), Waivers, Damages, Liability & Infringement
7.1 Any e-mail and accompanying attachments from NIIS may contain confidential and proprietary information. This information is intended for the use of the person to whom the e-mail was addressed and may be subject to legal privilege. If you are not the intended recipient, you are requested to please delete it and all copies of it from your system and are notified that any use, copying, distribution, disclose or taking of any action based on the information in the e-mail or any part of its contents is prohibited unless it is expressly indicated in the e-mail that you may do so. Information that is sent via e-mail is not guaranteed to be secure or error-free as it can be intercepted, corrupted, lost, destroyed or may arrive late or incomplete. Although all reasonable precautions are taken to ensure that our e-mails do not contain viruses or any other programmes of such nature, it is not guaranteed that our e-mails will be free of viruses or other such programmes and the sender cannot accept responsibility for loss or damage arising from the use of the e-mail or attachments. Furthermore, the sentiments and information contained in e-mail do not necessarily reflect the views and policies of NIIS. The sender of the e-mail may not be acting on behalf of NIIS and the contents of the e-mail must thus not be deemed to be binding on NIIS.
7.2 NIIS is not liable for any loss or direct, indirect, consequential, incidental, special or punitive damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) arising as a result of or relating to your use of or inability to use our website and / or content thereof and / or use of or inability to use our services and / or products irrespective of whether such loss or damage is caused by a breach of any guarantee given by NIIS or by negligence (including gross negligence) or wilful conduct on the part of NIIS, its employees, agents, representatives and / or assigns even if NIIS has knowledge of the likelihood of such damages. We provide no warranties whatsoever, express or implied. This includes but is not restricted to implied warranties of merchantability, fitness for a particular purpose, non-infringement, that the content of any and all of our materials is error-free and / or up-to-date and that service from our websites and / or servers will be 100 % uninterrupted and error-free.
7.3 NIIS shall not be liable for any claimed damages, including incidental and consequential damages, which may arise from NIIS ' servers going off-line or being unavailable for any reason whatsoever. Furthermore, NIIS shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of NIIS ' servers. All damages shall be limited to the immediate termination of service.
7.4 Certain services provided by NIIS are resold. Thus, certain equipment, routing, software and programming used by NIIS are not directly owned or written by NIIS. NIIS cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning.
7.5 While we take reasonable care not to transmit or propagate any of the following or similar material, NIIS accepts no responsibility or liability for any damage to your computer or equipment or documentation or material caused by any viruses, Trojan horses, worms, time bombs, cancel bots or other harmful programmes that may infect your systems as a result of your browsing and / or using our website and / or services and / or products and / or your downloading of any text, graphics, audio files, video, data files or receiving any other communications (including e-mails) in any form whatsoever that we may send to you.
7.6 Information sent and shared via the internet is susceptible to monitoring and interception. Thus we advise that confidential and / or proprietary and / or sensitive information not be sent or made available via the internet. All risk attached with sharing and / or sending such information rests with the client and NIIS accepts no responsibility or liability for any loss or damage that may result from information being monitored and / or intercepted.
7.7 NIIS may provide links / references to other sites and / or organizations on our sites and / or in our marketing and / or educational materials. We do not however, accept any responsibility or liability for any content published, views expressed, products or services offered or actions taken by such sites and / or organizations and any dealings with such referred to sites and / or organizations shall only be governed by the applicable agreements as entered into between yourself and such organizations.
7.8 The ideas, opinions and information provided on our websites and in our marketing and educational materials are provided for information purposes only and reflect our views as gained by our personal experiences and research in our various fields and disciplines. Neither NIIS nor any of its employees or agents accepts any liability whatsoever for the use of or inability to use any or all of the information contained in these communications. NIIS does not purport to offer any legal professional service and we strongly recommend that our clients consult with relevant professionals should any legal or other professional advice or assistance be needed.
7.9 All liability and / or responsibility with regard to any legally necessary or desirable compliance with any legislation which may be applicable to a client’s website and / or e-mail and / or other project rests solely with that client. NIIS is not liable or responsible for ensuring that a client’s website or other projects meets the requirements set by any applicable legislation to which the client or his business may be subject due to any reason whatsoever and we strongly advise that professional legal advice be sought in order to ensure any necessary or desirable compliance with relevant legislation.
7.10 Although the utmost care is taken with all aspects of a project, the client remains responsible for the final approval and thus retains all responsibility concerning the accuracy and image of the project. NIIS accepts no responsibility or liability for any loss or damage due to any errors, omissions or ambiguities, be they of a language, design or other nature. Should a translation however, be less than 95% accurate, NIIS will correct the work at no further cost.
7.11 The client accepts all responsibility for the accuracy of information provided on his website. NIIS is not responsible or liable for any content published on or shared via a client’s website or e-mail or other communications and the client indemnifies NIIS from any and all claims arising from the dissemination of inaccurate information or information that is regarded as offensive or illegal in any way. NIIS does not accept responsibility or liability for the content of any material dealt with in any way whatsoever by us. The content of any project, as well as any views or opinions expressed therein, are the sole responsibility of the client and do not reflect the philosophies, attitudes or policies of NIIS.
7.12 The client further warrants that any materials submitted to NIIS shall not infringe any other party’s copyright, trademark or other proprietary rights or any third party’s right of privacy or publicity and that the materials do not violate any law, statute, ordinance or regulation. The client indemnifies NIIS from any claims made by third parties as a result of non-compliance with the aforementioned.
7.13 You agree that we may use any submissions of content, including but not limited to comments, made on our websites, during our webinars or submitted to us via e-mail in any way we deem fit. You automatically waive any claim that any use of such content violates any of your rights, including privacy rights, publicity rights, moral rights or any other right, including the right to approve the way we use such content.
7.14 You are responsible for the content of all Submissions and acknowledge that third parties may hold you responsible for content related claims including libel, invasion of privacy, misappropriation of likeness and disclosure of confidential information.
7.15 You shall indemnify, defend and hold us and our affiliated entities (including our officers, owners, agents and employees) harmless from all liability and costs incurred by those indemnified in connection with any claim arising out of any breach by you of the above representations and warranties and for any claims related to your content or your submissions.
7.16 NIIS accepts no liability for any damage or loss due to the late or incomplete delivery of any documentation. NIIS furthermore accepts no responsibility for the final product or the delivery thereof if the client fails to provide correct data such as contact details (address, e-mail address, etc.) or project descriptions.
7.17 NIIS accepts no responsibility or liability for any damage or loss of whatever nature, including the loss or damage of data or income, caused by late delivery as a result of, or by a website that is unavailable due to to any cause beyond our reasonable control including, without limitation, failure or interruption of power supplies, failure of fixed line (ADSL) and / or other internet connectivity, failure of a network(s), technical failures, service interruptions, electromagnetic interference, radio interference, embargo, accident, epidemics, flood, drought, lightning, fire, any acts of God, labour disturbances including but not limited to strike, lockout, or other industrial disputes (whether involving the workforce of the party so prevented or of any other party), environmental hazards, acts of terrorism, acts or omissions of Government, civil disturbance, political disturbances or any other circumstances beyond our control.
7.18 NIIS shall take reasonable precautions to protect and backup any data supplied by a client for use in a particular project. However, no responsibility or liability is accepted for data which is lost by any means whatsoever and the client is solely responsible for ensuring that an independent backup of all data supplied to us exists, is available and is in good working order.
7.19 NIIS is not responsible for the use of any project after it has been dealt with by us. Furthermore, the client indemnifies NIIS from any claims resulting from the use of any of our systems, products or services that causes damage to the client or any third party in any way whatsoever.
7.20 The information presented in our webinars is the view of our presenters and is based on personal research, experience and opinion. None of the the information given during any of our webinars should be construed as legal or financial advice.
7.21 Clients are advised that information contained in the webinars is not a substitute for informed judgement. The client and/or client's organization are solely responsible for their decisions, including those that may arise in whole or in part from the client's use of or reliance upon information contained in any webinar. NIIS and our trainers and consultants disclaim all responsibility for any use made of such information. Furthermore, no warranty is made by NIIS as to results that may be attained by attending our training or using our educational and / or training materials.
7.22 Should NIIS fail to provide training in accordance with these Terms and Conditions, NIIS shall, as its entire liability and the client's exclusive remedy for breach of these Terms and Conditions, using reasonable efforts, present the training again within a reasonable period of time. Should NIIS be unable to present the training again, NIIS may elect to refund all payments received from the client for the training in question, in full satisfaction of NIIS' obligations. Such a refund shall then constitute NIIS' entire liability and the client's exclusive remedy for such a breach. In no event whatsoever shall the aggregate liability for damages for NIIS, its employees or agents, arising from these terms exceed the amount the client actually paid NIIS.
8 Disputes, breach of contract and termination
8.1 Should a client be dissatisfied with the final product, he should contact NIIS within seven days of receipt of the final product and specify the reasons for his dissatisfaction. NIIS will consider the client’s comments and will either correct the project at no further charge or will confirm that the project has been completed as agreed and quoted upon and that it meets industry standards. In such a case changes and amendments to the project will be made at an additional cost of £35 per hour. Any refunds that NIIS may decide to issue will only be issued to an amount equivalent to the billed amount less deposit.
8.2 Any disputes arising about the quality, extent or completeness of a project or any other matter under this Agreement will first be attempted to be resolved directly between NIIS and the client by referring to the description and criteria concerning the project as specified in the quotation as well as these Terms and Conditions. Should the matter not be resolved and the amount in controversy exceeds £10 000, then such dispute shall be submitted to non-binding mediation in Bloemfontein, South Africa. The client and NIIS will each select a mediator. The two so selected mediators shall select a third mediator, and that third mediator shall hear and determine the controversy and render his or her decision.
8.3 Both NIIS and the client hereby agree that neither party will bring a legal action (under this Agreement) more than two years after the cause of action arose.
8.4 If either the client or NIIS breaches his/its obligations under this contract, and such breach is not corrected within ten (10) days following the date on which the non-breaching party delivers to the breaching party written notice specifying the breach, then at the election of the non-breaching party this Agreement shall terminate at the expiration of that 10-day period. Such election shall be made by the non-breaching party’s delivering to the breaching party, within five (5) days after the end of that 10-day period, written notice of termination.
8.5 Either party may terminate this Agreement, subject to the various provisions stated herein.
8.6 Notwithstanding any termination hereunder, the client shall remain liable to pay NIIS any costs and fees that have accrued under this Agreement prior to the effective date of termination.
8.7 Any terms of this Agreement, which by their nature extend beyond its termination, remain in effect until fulfilled, and apply to respective successors and assignees.
8.8 Accrued rights and rights by their nature intended to survive termination of this Agreement, shall survive any termination of this Agreement.
9.2 We shall not sell or distribute personal or other details to marketing or other agencies.
9.3 NIIS may, however, share information pertaining to you, including personal details, if we are required to do so in order to facilitate an agreed upon transaction or activity between you and a third party operating on our behalf and / or on our instruction. However, NIIS will never sell information to other services or outside companies.
9.4 NIIS also reserves the right to disclose personal information including, but not limited to, information concerning a client and / or subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or if otherwise required to do so by law, in the case of a court action brought by a client against NIIS or its agents, employees or anyone doing any work whatsoever for NIIS or if it is believed in good faith that the disclosure of such information is necessary to protect and / or defend the rights and / or property of NIIS or its other clients. NIIS assumes no obligation to inform the client and / or subscriber that client / subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice.
9.5 Personal information may be used by NIIS for the following purposes:
9.5.1 To supply the client with the services and / or products requested.
9.5.2 To maintain an ongoing business relationship.
9.5.3 To communicate directly with the client.
9.6 Clients may unsubscribe from our mailing lists at any time. Regular mailings, such as our newsletter, will then no longer be sent and we shall only contact the client directly in response to a further request for our services and / or products.
9.7 A visitor’s browser supplies the following information when our website is visited and we record this information in our server logs for statistical analysis:
9.7.1 The type of browser and operating system with which our website was viewed;
9.7.2 The visitor’s domain name extension (e.g. .com; .co.za; .net);
9.7.3 The address of the website that referred the visitor to us.;
9.7.4 The IP address of the server used to connect the visitor to the internet (usually allocated by their ISP);
9.7.5 The date and time our website was browsed;
9.7.6 Which pages were viewed and which documents were downloaded.
10 Contact details
10.1 NIIS may be contacted at
Cell: +27 82 807 9232
Fax: 0866 532 8111
Physical Address: Suite 74a, Klerck Ave, Brandwag, Bloemfontein, South Africa
11.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of South Africa.
11.2 Regardless of the place of signing of these Terms and Conditions, the client agrees that for purposes of venue, this Agreement was entered into in Bloemfontein, Free State Province, South Africa.
11.3 You, the client, hereby agree to submit to the non-exclusive jurisdiction of the courts of South Africa for the purpose of any action or proceeding arising out of or in connection with this agreement and/or the contractual relationship between you and NIIS. The court of first instance shall, regardless of which party who initiates the proceedings and regardless of the nature of the claims involved, be the Magistrate's Court in Bloemfontein, in the Free State Province.
11.4 The domicilium citandi et executandi for all contact pertaining to this agreement, be it for court processes, notices, or any other communication of any nature whatsoever, is the physical address stipulated in the contact details above.
11.5 Notwithstanding any of the foregoing, nothing in this Agreement shall affect the right of NIIS to serve legal process in any other manner permitted by law or limit the right of NIIS to bring any action or proceeding against the you in the courts of other jurisdictions.
12 The Agreement
12.1 It is intended that each paragraph of this Agreement shall be viewed as separate and divisible, and in the event that any any paragraph in these Terms and Conditions is found to be invalid, unlawful, void or unenforceable for any reason whatsoever such paragraph shall be severable from this agreement and the remaining paragraphs shall continue to be in full force and effect.
12.2 Failure on the part of NIIS to enforce or exercise any provision herein shall not constitute a waiver of such provision.
12.3 A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof.
12.4 This Agreement shall be binding on, and inure to the benefit of, the parties’ heirs, successors, assigns, and personal representatives.
12.5 The client or his agent certifies that he is above the age of 18 years, has full contractual capacity and, if acting as the client’s agent, is duly authorized by the client to contract on the client’s behalf.
12.6 The quotation given by NIIS to the client is incorporated into and becomes a part of these Terms and Conditions by this reference.
12.7 These Terms and Conditions supersede all other agreements and understandings, whether oral, written or otherwise, between NIIS and the client and, together with the signed and accepted quotation and / or order form and / or registration form, form the total agreement between NIIS and the client.