Imagimedia Hosting Terms of Service (TOS): Use of Imagimedia's Hosting Services constitutes acceptance and agreement to Imagimedia's AUP (Acceptable Use Policy) as well as Imagimedia's Hosting TOS (Terms of Service). From herewith in this TOS, AUP, and SLA, the usage of "us", "we", "our", and "ours" shall constitute reference to Imagimedia, and the usage of "you", "your", "they", and "them" shall refer to client / customer of Imagimedia.
Terms of Service,
Acceptance of Contractual Agreement1. Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by Imagimedia, that you are agreeing to our TOS, AUP, and SLA. No modifications of said contract by customer are allowed. 2. Imagimedia will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service and service fees have been communicated to the customer, and that he/she is aware of all applicable charges as per contract, AUP, SLA, and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service. 3. In connection with any Hosting Services, if Customer's actual bandwidth usage in any month exceeds allotted amount, specified in Customer's contract, Customer will pay Imagimedia any additional fees as specified in the Service Description. If you do not pay, Imagimedia reserves the right to suspend your account until payment is received. Payment: Establishment of this service is contingent upon receipt of payment from Customer to Imagimedia. Subsequent payments are due on the anniversary date of the month for that month's service, unless customer requests all monthly payments to be consolidated to one specific billing date. Any additional services relative to a primary hosting account will be prorated to the primary hosting account's monthly recurring billing date, along the following guidelines of prorating methodology: (total monthly fees/ 30) * number of days to monthly recurring billing cycle. Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services. Payments and Fees: Payment is due on the defined monthly or annual recurring billing date of each month. Imagimedia reserves the right to suspend accounts that reach 10 days past due date. Service interrupted for non-payment is subject to a R50.00 reconnect charge. Delinquent Accounts: Imagimedia may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection of fees. Imagimedia reserves the right to charge interest at 5% per month until the outstanding balance is paid in full. If Customer's account is overdue for 90 days, the account will be handed over to an outside collection agency. At that time the Customer will incur a R250 collection fee added to the balance previously due. Account Cancellation: All requests for cancellation of any service / services must be made in writing with at least 30 days notice but not more than 60 days prior written notice and emailed to info@Imagimedia.co.za. Confirmation receipt of cancellation will be sent within 24 hours. Refunds and Disputes: All payments to Imagimedia are non-refundable after Customer's 30-day money-back guarantee period. This includes any setup fees and monthly fees, regardless of usage. NO REFUNDS WILL BE GIVEN FOR DEDICATED SERVERS OR COLOCATION PACKAGES. No refund will be given for any domain name that has already been registered or renewed on your behalf. All billing disputes must be reported within 30 days of the time the dispute occurred. Reliability of Service: Imagimedia will use its best efforts to maintain a full time Internet presence for the Customer. The Customer 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 Imagimedia be liable to the Customer for any damages resulting from or related to any failure or delay of Imagimedia in providing access to the Internet under this Agreement. In no event shall Imagimedia be liable to the Customer 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 Imagimedia under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Customer hereunder. The terms of this Section will survive any termination of this Agreement. Resource Limits: Once your account has exceeded its allocated 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 Customer. Temporary closure of accounts after resource exhaustion will not be applied automatically unless specified by the Customer. NB: please view our hosting plan pages within our website for current pricing and general information regarding this. Email/Mailbox Policy: Imagimedia may apply the following restrictions to any mailbox hosted on our shared servers: We may delete any email that is older than 90 (ninety) days; if you exceed your mailbox size, no new mail or attachments will be delivered to your mailbox. You will, however, be able to receive mail again if you either delete mail and/or attachments from your mailbox or by purchasing additional disk space; subject to any other technical limitations, Imagimedia restricts the size of an individual mail, sent or received, to 5Mb per mail; Imagimedia shall be entitled to take such steps to fight spam/junk-mail/unsolicited mail/viruses as Imagimedia may deem necessary and/or appropriate from time to time, including (without being limited to) not delivering any mail which Imagimedia, in its sole discretion, suspects of being or containing spam/junk-mail/unsolicited mail/viruses; Imagimedia reserves the right to reduce the size of your mailbox, should you be in breach of the Terms and Conditions under which this service is provided to you; Upon cancellation of your account all email stored on our mail server will be deleted and your email address will cease to function; It is the Customer's responsibility to ensure that email is downloaded from our servers and stored locally. Imagimedia is NOT responsible for the backing up of any email message sent from our servers or received in your mailbox - including via any of our internet based email services (web mail); Web Mail services are provided as a value add to customers. They provide a convenient means to access email stored on our mail servers when off site - typically when travelling - or when access to an email client is temporarily unavailable. As such, we do not provide any guarantees to the availability of our Web Mail services and they should not be used by the Customer as an ongoing mail store; You agree that Imagimedia shall not be liable to you or any third party in respect of any loss or damage howsoever caused by or arising from the implementation by Imagimedia of the mailbox rules, as set out above. This exclusion of liability of Imagimedia for loss or damage will include (but is not necessarily limited to): Loss or damage caused by negligent acts of Imagimedia and any acts of Imagimedia's employees; Any direct, consequential, incidental, indirect or special loss or damage flowing from business interruption, loss of business information, loss of data or any other cause; Any loss or damage, regardless of whether a claim for such loss or damage is based on breach of contract, delict, breach of implied warranties or otherwise; and Any loss or damage, whether it could have been foreseen or not. Imagimedia reserves the right to change the above rules at any time.
Terms of Service,