Terms and conditions

Terms of Service

This is an agreement between Cyber Square, an IT Solution provider, as well as its partners and affiliates on the one hand, and the user of Cyber Square's products and services on the other hand. In this Agreement "you”, "your" and “client”, refer to you or any agent, employee, servant or person authorized to act on your behalf. “Cyber Square”, "We", "Us" and "Our" refer to Cyber Square as well as its subsidiaries and sister companies (collectively, "Cyber Square"). This Agreement explains our obligations to you, and explains your obligations to us for various services offered by Cyber Square. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional Cyber Square service(s) or products or to cancel your Cyber Square services (even if we were not notified of such authorization), this Agreement covers such service or actions.

The clause headings in the Cyber Square Terms have been inserted for purposes of convenience only and will not be taken into consideration in its interpretation.

1.Term of Agreement; Modification

You agree that Cyber Square may modify this Agreement and the services it offers to you from time to time. You agree to be bound by any changes Cyber Square may reasonably make to this Agreement when such changes are made. If you have purchased services or products from Cyber Square, the term of this Agreement shall continue in full force and effect as long as you take advantage of and use the products or services.

2. Legal Age.

You attest that you are of legal age to enter into this Agreement.

3. Copyright

Copyright laws protect the Cyber Square Website. No part of Cyber Square may be reproduced in any form or by any means without expressed written consent from Cyber Square. The Cyber Square logo is a trademark of Cyber Square. Any other logos, symbols, images and trademarks that appear on the Cyber Square website are the property of their respective owners.

4. Reservation of Rights
 
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets and any other proprietary right that we may have in our website, its content, and the goods and services that may be provided

5. Accurate Information

You agree to maintain accurate information by providing updates to Cyber Square, as needed, while you are using Cyber Square's products and services. You agree you will notify Cyber Square within five (5) business days when any change of the information you provided as part of the application and/or registration process changes. Failure by you, for whatever reason, to respond within five (5) business days to any inquiries made by Cyber Square to determine the validity of information provided by you will constitute a material breach of this Agreement. If you provide any information that is inaccurate, not current, false, misleading or incomplete, or if Cyber Square has reasonable grounds to suspect that your information is inaccurate, not current, false, misleading or incomplete, Cyber Square has the absolute right, in its sole discretion, to terminate its Services and close your account.

6. Cyber Square Account

Cyber Square will host an account for you corresponding with the purchased, leased or provided domain name(s) and for the period of time corresponding with the payment plan chosen by you. The contract will automatically renew at the end of The Term unless otherwise specified by you. Once the account cancellation request is received and we process the request as per the account holders consent, the agreement between you and Cyber Square is officially terminated. We reserve the right to remove the account from the web server at any time thereafter. Cyber Square will NOT host the site for any time period left once the cancellation request has been received and processed. It is your responsibility to make sure that you and your respective clients have access to all their files and relevant data before initiating the cancellation request. Cyber Square shall not be responsible for any loss of data once the account recurring billing has been cancelled.

7. Safe Use

You agree not to harm Cyber Square, its reputation, computer systems, programming and/or other persons using Cyber Square's services. Cyber Square reserves the right to select the server for Account Holder's website for best performance. You understand that the services provided by Cyber Square are provided on a shared server.

 8. Registration and /or FREE Domain.

 Cyber Square offers a free domain with certain services. Cyber Square will provide you with this domain name free of charge for the first year. You will however still be liable for the renewal of the domain annually upon its anniversary.

9. Delays

You shall use all reasonable efforts to provide needed information, materials and approvals. Any delay by you will result in a day-for-day extension of the due date for all Deliverables. Any delay caused be conditions beyond the reasonable control of the parties shall not be considered a breach and will result in a day-for-day extension any performance due. Each party shall use reasonable efforts to notify the other party, in writing, of a delay. Conditions beyond the reasonable control of the parties include, but are not limited to, natural disasters, acts of government after the date of agreement, power failure, fire, flood, acts of God, labor disputes, riots, acts of war, terrorism and epidemics.

10. Fees, Payment and Refund

Charges for services to be provided by us will be set out in the written estimate or quotation that is provided to you. At the time of the customer's signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until Cyber Square has received this amount. All fees are non-refundable unless otherwise expressly noted, even if your services are suspended, terminated, or transferred prior to the end of the term of service. Cyber Square expressly reserves the right to modify pricing through email notification and/or notice on its website.

 

11. Evaluation and Acceptance

You shall, within five (5) business days after receiving each Deliverable, notify Cyber Square in writing of any failure to comply with the specification of the Project Proposal or of any other objections, corrections or changes required. Cyber Square shall, within five (5) business days of receiving Clients notification, correct and submit a revised Deliverable to Client. Client shall, within five (5) business days of receiving a revised Deliverable, either approve the corrected version or make further changes. If after three (3) corrections by Cyber Square, Client finds the Deliverables are not acceptable, Client may terminate this agreement subject to the termination clauses of this Agreement. If Client fails to provide approval or comments during any approval period, those Deliverables will be considered approved and accepted. All objections, corrections and changes shall be subject to the terms and conditions of this Agreement.

 

12. Alterations

Alteration of any Deliverable is prohibited without the express permission of Cyber Square. Cyber Square will be given the first opportunity to make the required alterations. Unauthorized alterations shall constitute additional use and will be billed accordingly.

 

13. Prohibited Activities

  • You agree not to engage in unacceptable use of any of Cyber Square products and/or services, which includes, without limitation, use of Cyber Square products and/or services to: (i) disseminate or transmit unsolicited messages, chain letters, unsolicited commercial email or unreasonably large volumes of email on a daily basis, provided, Cyber Square, in its sole discretion, may permit you, if you have a legitimate purpose and after written request, to send more email than Cyber Square's standard SMTP relay limit; (ii) disseminate or transmit any material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (iv) create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication; (v) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of South Africa and its agencies or authorities, or without all required approvals, licenses and/or exemptions; (vi) interfere, disrupt or attempt to gain unauthorised access to any computer system, server, network or account for which you do not have authorisation to access or at a level exceeding your authorisation; (vii) disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or program; (viii) engage in any other activity deemed by Cyber Square to be in conflict with the spirit or intent of this Agreement or any Cyber Square policy; or (ix) use your server as an "open relay" or similar purposes. This includes but is not limited to pirated software, hacking programs or archives, warez and mp3 sites and IRC bots. Cyber Square is the sole arbiter as to what constitutes a violation of this provision.
  • 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: unauthorised 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.
  • You are responsible for ensuring that there is no excessive overloading of Cyber Square's DNS system or servers. In the event that you exceed your allotted bandwidth and thereby overload Cyber Square's DNS or servers, you shall be assessed any and all fees, costs and penalties associated with such overloading. You may not use Cyber Square's servers and your Server Account as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and Cyber Square reserves the right to immediately remove sites that contain information about hacking or links to such information. Use of your server account as an anonymous gateway is prohibited, as is your use of Cyber Square products and/or services to restrict or inhibit any other user from using and enjoying the Internet. You acknowledge and agree that Cyber Square has the right to remove your server content temporarily or permanently from its dedicated servers if Cyber Square is the recipient of activities that threaten the stability of its network.

14. Storage and Security

At all times, you shall bear full risk of loss and damage to your server and all of your server content. You are entirely responsible for maintaining the confidentiality of your password and account information. You acknowledge and agree that you are solely responsible for all acts, omissions and use under and charges incurred with your account or password or in connection with the server or any of your server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to your server content; (ii) maintain independent archival and backup copies of your server content; (iii) ensure the security, confidentiality and integrity of your server content transmitted through or stored on Cyber Square servers; and (iv) ensure the confidentiality of your password. Cyber Square's servers are not an archive and Cyber Square shall have no liability to you or any other person for loss, damage or destruction of any of your content. The services offered by Cyber Square are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. Cyber Square shall have no liability to you or any other person for your use of Cyber Square products and/or services in violation of these terms.

15. Accreditation and Promotion

Cyber Square shall be entitled to place accreditation, as a hyperlink, in the form, size and location as incorporated by Cyber Square in the Deliverables on each page of the Final Deliverables. Cyber Square retains the right to reproduce, publish and display the Deliverables in Cyber Square’s portfolios and websites, in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the Deliverables in connection with such uses.

16. Confidential Information

All material considered confidential by either party shall be designated as confidential. Confidential Information shall not be disclosed to third parties and shall only be used as needed to perform this Agreement. Confidential Information shall not include any information that is already known by the recipient, becomes publicly known through no fault of the recipient, or is received from a third party without a restriction on disclosure. 

17. Relationship of the Parties

Cyber Square is an independent contractor. Cyber Square shall determine, in its sole discretion, the manner and means by which the Services are accomplished. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. Cyber Square and the work product or Deliverables prepared by Cyber Square shall not be deemed a work for hire as defined under Copyright Law. All rights granted to Client are contractual in nature and are expressly defined by this Agreement.

 18. Representations and Warranties

Client represents and warrants to Cyber Square that to the best of Client’s knowledge, use of the Client Content does not infringe the rights of any third party. Cyber Square represents and warranty to Client that to the best of Cyber Square’s knowledge, the Deliverables will not violate the rights of any third parties.

 EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES STATED IN THIS AGREEMENT, CYBER SQUARE MAKES NO WARRANTIES WHATSOEVER. CYBER SQUARE EXPLICITLY DISCLAIMS ANY OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH LAWS OR GOVERNMENT RULES OR REGULATIONS APPLICABLE TO THE PROJECT.

19. Indemnification and Liability

Client shall indemnify Cyber Square from any and all damages, liabilities, costs, losses, expenses or attorney fees arising out of any claim, demand, or action by a third party due to materials included in Deliverables at the request of the Client.

THE SERVICES AND THE WORK PRODUCT OF CYBER SQUARE ARE SOLD “AS IS.” IN ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF CYBER SQUARE, ITS DIRECTORS, OFFICERS, EMPLOYEES, DESIGN AGENTS AND AFFILIATES (“CYBER SQUARE PARTIES”), TO CLIENT FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND CLIENT’S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE NET PROFIT OF CYBER SQUARE. IN NO EVENT SHALL CYBER SQUARE BE LIABLE FOR ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE MATERIALS OR THE SERVICES PROVIDED BY CYBER SQUARE, EVEN IF CYBER SQUARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

20. Dispute Resolution

 Both agree to attempt to resolve any dispute by negotiation between the parties. If parties are unable to resolve the dispute by negotiation, either party may start mediation and/or binding arbitration in a forum mutually agreed to by the parties. The prevailing party shall be entitled to recover its attorneys’ fees and costs in any dispute resolved by binding arbitration or litigation.

21. Term and Termination

This agreement shall begin when both parties sign and shall continue until all Services are complete and delivered, or until the Agreement is terminated. Either party may terminate this agreement at any time, on thirty (30) days prior written notice if the other party breaches any of its material responsibilities or obligations under this Agreement and fails to cure that breach during that thirty (30) day period. Either party may terminate this agreement at any time, on written notice to the other party, if the other party ceases to conduct business in its normal course; makes an assignment for the benefit of creditors; is liquidated or otherwise dissolved; becomes insolvent; files a petition in bankruptcy; or a receiver, trustee, or custodian is appointed for it. In the event of termination, Client shall pay Cyber Square for the Services performed through the date of termination in the amount of a prorated portion of the fees due. Client shall pay all Expenses, Fees, and Additional Costs incurred through the date of termination.

22. Disclaimer

The information contained on the Cyber Square website is updated as necessary. However, we cannot guarantee that inaccuracies will not occur. Cyber Square will not be held responsible for any loss, damage or inconvenience caused as a result of any inaccuracy or error within these pages.

Cyber Square is not responsible for typographic errors. Information contained in advertisements is neither confirmed nor warranted by Cyber Square. Links from our site lead to pages or email addresses maintained by individuals, agents, or other organizations. These are provided purely for your convenience. They do not imply that Cyber Square endorses or supports those individuals or organizations, the information on their pages or their products or services in any way. No responsibility is assumed by Cyber Square for the contents of their pages.

23. Final Agreement

This Agreement, together with all modifications, constitutes the complete and exclusive agreement between you and us, and supersedes and governs all prior proposals, agreements, or other communications. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of us.