Terms and Conditions of Service and Sale

By ordering or accepting services and products from Plus VPS Communications (Pty) Ltd, you agree to the follwoing Terms and Conditions

CUSTOMER SERVICE AGREEMENT

This is an agreement between you and Plus VPS Communications (Pty) Ltd, trading as Plus VPS Communications (Pty) Ltd (hereafter referred to as “Plus VPS Communications (Pty) Ltd”), regarding your use of Plus VPS Communications (Pty) Ltd’ computers, interactive information, communication and server management service. This Agreement governs the terms and conditions under which Plus VPS Communications (Pty) Ltd makes the services offered by Plus VPS Communications (Pty) Ltd available to individual consumers through a personal computer or similar access, or to individual consumers or small businesses in connection with the “Plus VPS Communications (Pty) Ltd ” web hosting or similar services. Under this Agreement, you must comply with Plus VPS Communications (Pty) Ltd ’ then current “Acceptable Use Policy,” as updated from time to time by Plus VPS Communications (Pty) Ltd .

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

  1. Plus VPS Communications (Pty) Ltd will host an account for you, the purchaser (hereafter referred to as the “customer”), for the customer’s chosen domain name, for the period of time (the Term) corresponding with the payment plan chosen by the customer. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated. We require notification of non-renewal with at least 30 days’ notice but not more than 60 days prior to the renewal date. You must have all account information to cancel and send your notification via email to accounts@plusvps.co.za, upon receipt of the email we will provide you with an online cancellation form which must be completed to confirm cancellation. If you do not provide this notice and also complete the online cancellation form, you will be charged for the next terms rate. There are no refunds on a la carte services.
  2. The customer agrees to an online, paperless subscription and acknowledges that all the information that is submitted online is true and correct to the best of their knowledge. The customer agrees that the act of submitting the order form online is in lieu of their signature.
  3. Initial Set-up fees are non-refundable. Domain Name Registration fees constitute a once-off payment subject to certain renewal charges. Domain names are initially registered under Plus VPS Communications (Pty) Ltd’ name and are only transferred to the customer’s name after 120 continuous days of subscription to Plus VPS Communications (Pty) Ltd’ service. Free domain name registration is only applicable for the 1st year of hosting and the customer will be charged a domain name renewal fee once the initial year’s registration lapses. If a notice of cancellation is received within 120 days of signing up, then the customer will be liable to pay the domain registration fees or the domain name will not be transferred to the customer’s name. Plus VPS Communications (Pty) Ltd may request customer to provide documents to proof customer identification for any domain updates if it seems necessary.
  4. The Account Holder acknowledges that Plus VPS Communications (Pty) Ltd will not be liable for any loss of use, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, delict, or otherwise which may be suffered as a result of or which may be attributable, directly or indirectly, to the use and/or registration of the selected domain name and accordingly indemnifies Plus VPS Communications (Pty) Ltd against any loss whatsoever arising from any dispute or claim occasioned by the registration, domain name expiry and/or domain name hijacking of the selected domain name whether occasioned by any act or omission of Plus VPS Communications (Pty) Ltd , its representatives, agents or employees or otherwise.
  5. Plus VPS Communications (Pty) Ltd’ 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. Plus VPS Communications (Pty) Ltd expressly disclaims any representation or warranty that the Plus VPS Communications (Pty) Ltd services will be error-free, secure or uninterrupted. No oral advice or written information given by Plus VPS Communications (Pty) Ltd, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice. The terms of this Section will survive any termination of this Agreement.
  6. The Virtual Web Server Internet account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. Further, the Account Holder 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 Plus VPS Communications (Pty) Ltd, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of Plus VPS Communications (Pty) Ltd based upon the severity of the violation.

Plus VPS Communications (Pty) Ltd reserves the right to refuse service if any of the content within, or any links from, the Account Holder’s website is deemed illegal, misleading, or obscene, or is otherwise in breach of Plus VPS Communications (Pty) Ltd’ then current Acceptable Use Policy, in the sole and absolute opinion of Plus VPS Communications (Pty) Ltd. Notwithstanding anything in this Agreement, the content of the Account Holder’s website is the sole responsibility of the Account Holder. The Account Holder agrees to indemnify and hold harmless Plus VPS Communications (Pty) Ltd from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney’s fees, costs, and other expenses incurred Plus VPS Communications (Pty) Ltd, (collectively, Claims) related to or in connection with the content of the Account Holder’s website. The terms of this Section will survive any termination of this Agreement.

  1. Any domain orders/renewal are not guaranteed by Plus VPS Communications (Pty) Ltd in any condition even if the payment has been made by the client.
  2. Account Holder acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Account Holder. Account Holder is aware that Plus VPS Communications (Pty) Ltd reserves the right to change the specified rates and charges from time to time.
  3. The Account Holder agrees to follow generally accepted rules of “Netiquette” when sending e-mail messages or posting to newsgroups. Account Holder is responsible for security of its password. Plus VPS Communications (Pty) Ltd will not change passwords to any account without proof of identification, which is satisfactory to Plus VPS Communications (Pty) Ltd, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes Account Holder, Account Holder understands that Plus VPS Communications (Pty) Ltd will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Plus VPS Communications (Pty) Ltd be liable for any losses incurred by Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless Plus VPS Communications (Pty) Ltd from any and all Claims arising from such ownership disputes. The terms of this Section will survive any termination of this Agreement.
  4. The Account Holder agrees not to harm Plus VPS Communications (Pty) Ltd, its reputation, computer systems, programming and/or other persons using Plus VPS Communications (Pty) Ltd’ services. Plus VPS Communications (Pty) Ltd reserves the right to select the server for Account Holder’s website for best performance. The Account Holder understands that the services provided by Plus VPS Communications (Pty) Ltd 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 or chat scripts. If the Account Holder’s website overwhelms the server and causes complaints from other users, the Account Holder has outgrown the realm of shared servers, and will need to relocate its website. Plus VPS Communications (Pty) Ltd will refund any unused portion of prepaid services. If the Account Holder refuses to comply with this Section, then Plus VPS Communications (Pty) Ltd has the right to terminate the services provided to the Account Holder without any refunds of the unused portion prepaid by the Account Holder. The Account Holder agrees to indemnify and hold harmless Plus VPS Communications (Pty) Ltd and any other Account Holder from any and all Claims resulting from the Account Holder’s use of the services provided by Plus VPS Communications (Pty) Ltd. The terms of this Section will survive any termination of this Agreement.
  5. The Account Holder’s rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of Plus VPS Communications (Pty) Ltd.
  6. If the Account Holder sells or resells advertising or web space to a third party then the Account Holder will be responsible for the contents of that advertising and the actions of that third party. Plus VPS Communications (Pty) Ltd 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 Plus VPS Communications (Pty) Ltd Acceptable Use Policy. The e-mail distribution by the Account Holder of “SPAM”, “JUNK MAIL”, or “UNSOLICITED COMMERCIAL E-MAIL”, is expressly prohibited. If the Account Holder refuses to remove any advertising or other third party content deemed objectionable by Plus VPS Communications (Pty) Ltd, Plus VPS Communications (Pty) Ltd may terminate the services being provided to the Account Holder.
  7. Plus VPS Communications (Pty) Ltd will use its best efforts to maintain a full time Internet presence for the Account Holder. The Account Holder 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 Plus VPS Communications (Pty) Ltd be liable to the Account Holder for any damages resulting from or related to any failure or delay of Plus VPS Communications (Pty) Ltd in providing access to the Internet under this Agreement. In no event shall Plus VPS Communications (Pty) Ltd be liable to the Account Holder 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 Plus VPS Communications (Pty) Ltd under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive any termination of this Agreement.
  8. This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Account Holder 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. A Plus VPS Communications (Pty) Ltd account may not be transferred without prior written approval Plus VPS Communications (Pty) Ltd. The Account Holder is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Account Holder’s account, the Account Holder will be liable for any unauthorized use of Plus VPS Communications (Pty) Ltd’ services, including any damages resulting there from, until the Account Holder notifies Plus VPS Communications (Pty) Ltd customer service.
  9. If Plus VPS Communications (Pty) Ltd assigns the Account Holder an Internet Protocol address in connection with the Account Holder’s use of the Plus VPS Communications (Pty) Ltd services, the right to use that Internet Protocol address will remain with and belong only to Plus VPS Communications (Pty) Ltd, and the Account Holder will have no right to use that Internet Protocol address except as allowed by Plus VPS Communications (Pty) Ltd in its sole and absolute discretion.
  10. This Agreement constitutes the entire agreement between the Account Holder and Plus VPS Communications (Pty) Ltd with respect to the Plus VPS Communications (Pty) Ltd services and supersedes all prior agreements between the Account Holder and Plus VPS Communications (Pty) Ltd. This Agreement supersedes all representations made to the customer, all amendments effected by the customer to any application form or other similar document submitted by him and all communications between Plus VPS Communications (Pty) Ltd and the customer relating to the subject matter hereof. Plus VPS Communications (Pty) Ltd’ 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.
  11. The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mindset, 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.
  12. The Account Holder agrees to indemnify and hold Plus VPS Communications (Pty) Ltd harmless from any and all Claims resulting from or connected with any activities conducted by the Account Holder. The Account Holder and Plus VPS Communications (Pty) Ltd 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.
  13. Plus VPS Communications (Pty) Ltd may include the Account Holder’s name and contact information in directories of Plus VPS Communications (Pty) Ltd’ service subscribers for the purpose promoting the use of the services by additional potential clients. However, Plus VPS Communications (Pty) Ltd is not authorized to print the Account Holder’s name, trademarks or other identifying information in any other advertising or promotional materials without the prior written consent of the Account Holder.
  14. 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 Account Holder hereby consents to personal jurisdiction in the federal and provincial courts of South Africa for any action arising out of or relating to the Account Holder’s use of the Plus VPS Communications (Pty) Ltd 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.
  15. 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.
  16. 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. This being said, there are still several reasons why Plus VPS Communications (Pty) Ltd has been forced to create it’s no adult sites policy for its virtual server users.
  17. Virtual account holders can receive a refund if account is cancelled within the initial 30 days after sign up. Reseller account holders can receive a refund if account is cancelled within the initial 7 days after sign up. If the account holder cancels after the time period specified, there will be no refund given. Refunds are only applicable to hosting services.
  18. Plus VPS Communications (Pty) Ltd may temporarily deny service or terminate this Agreement upon the failure of Account Holder to pay charges when they become due. Such termination or denial will not relieve the Account Holder of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
  19. If an account holder’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.
  20. If an account holder charges back for services rendered, a R400 charge back fee will be added to the amount charged back by the customer.
  21. In the event of 30 days of non-payment, you agree to Plus VPS Communications (Pty) Ltd’ right to place a “non-payment” page on your domain. Furthermore, you agree that DNS of your domain will remain unchanged until full payment for the outstanding balance on your account has been received by Plus VPS Communications (Pty) Ltd.
  22. In the event of suspension of account due to non-payment, a re-activation fee of R150 will be charged if the client wants to re-activate his/her account.
  23. If an account holder’s account is overdue for 90 days, the account will be handed over to an outside collection agency. At that time the account holder will incur a minimum collection fee of R400 or 25% of the balance due, the amount to be determined by Plus VPS Communications (Pty) Ltd at its sole discretion.
  24. Credit card service accounts on cancellations will receive their final transaction payout 6 months after cancellation date. This is due to the fact that banks can have charge backs from the credit card owner for up to 6 months.
  25. Minimum transaction amount when using our Credit Cards Services is R20 in a single transaction. Maximum transaction amount is R2000k unless approved by Plus VPS Communications (Pty) Ltd or Payment24 previously.
  26. Final transaction amount needs to be approximately 50% of the total amount of last 10 transactions or 50% of the total transactions received in last 6 months. This is the amount that will be held for 6 months after cancellation. This is due to the reason mentioned in point: 30 above.
  27. Credit card service accounts are setup on pafast.co.za systems, and customers will have to abide by the terms, policy and conditions mentioned FAQ’s section on payfast.co.za along with the terms mentioned in this document.
  28. If you had received a discount on any service on signup then in case of cancellation of a related service within 120 days will void that discount and you will be charged full fees according to the normal price of that service at the time of signup.
  29. Domain registrations are only valid with hosting if hosting is continued for 120 consecutive days. In the event of cancellation before 120 days of hosting is achieved, you will be required to pay the full domain registration according to the normal price of that service at the time of signup. We also require valid Land line numbers for all services including domains, hosting, credit card services, dedicated servers, internet connectivity.
  30. All accounts are subject to verification.
  31. You agree that Plus VPS Communications (Pty) Ltd may establish limits concerning use of any Plus VPS Communications (Pty) Ltd service offered on any Plus VPS Communications (Pty) Ltd  web site, including without limitation the maximum number of days that e-mail messages will be retained by any Plus VPS Communications (Pty) Ltd  service, the maximum number of e-mail messages that may be sent from or received by an account on any Plus VPS Communications (Pty) Ltd  service, the maximum size of an e-mail message that may be sent from or received by an account on any Plus VPS Communications (Pty) Ltd  service, the maximum disk space that will be allotted on Plus VPS Communications (Pty) Ltd ’ servers on your behalf either cumulatively or for any particular service. You agree that Plus VPS Communications (Pty) Ltd has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any Plus VPS Communications (Pty) Ltd service. You acknowledge that the features, parameters (for example, the amount of storage available to users) or existence of any Plus VPS Communications (Pty) Ltd service may change at any time.
  32. First DNS change ticket submitted by Plus VPS Communications (Pty) Ltd for co.za/org.za/za.net domain is free for Domain Registration orders. There after every ticket submitted by Plus VPS Communications (Pty) Ltd to change DNS to any 3rd Party servers will be charged at R39 per Ticket Submitted. We do not take responsibility that ticket will be successful due to many point of failures.
  33. DNS Change tickets to any 3rd party which were not Domain Registration orders are charged at R39/ticket submitted. We do not take responsibility that ticket will be successful due to many point of failures.
  34. If a customer has signed and completed a Debit Form and his/her debit order fails for whatever reason they will be charged Administration fee. 1st Debit Order Failure is charged at R50. 2nd Debit Order Failure is Charged at R75. After 2nd consecutive debit order failure Plus VPS Communications (Pty) Ltd will not run debit order again on customers account. We reserve the right to decline any debit order forms.
  35. If customer’s debit order has failed, customer must settle the outstanding amount within 3 days of debit order failure.
  36. Debit orders can run any day between 25th to 7th of next month depending on the available dates by our provider of this service.
  37. Credit Card Charge backs will be charged at 10% ex Vat + R25 Administration Fee.
  38. If an account is suspended/terminated then re-activation Fee per Account is R150 (not per domain), this does not include any file/email restoration.
  39. Restoration of databases is charged R350/Hour with a minimum charge of R200.
  40. Restoration of Email accounts is charged R350/Hour with a minimum charge of R200.
  41. Restoration of Website Files is charged R350/Hour with a minimum charge of R200.

48: COZA domain de-registration is billed at R10/domain. This is only possible within 7 days of registration.

Some special policies for all of our Credit Card Verification services

  1. Credit Card Charge backs will be charged at 14% ex Vat + R25 Administration Fee.
  2. Charge back enquiries by Banks and Vendor’s customers are handled at R25 per action from our side. Therefore, it’s important for a Vendor that they use proper wording and inform their clients about the transaction details. All transactions display Payment24 and WAPPOINT in bank statement.
  3. Three Charge backs within 1 calendar month will result in increase of Transaction Rate by 1% for Vendors future transactions.
  4. If a Vendor gets more than 3 Charge backs within a month, it will result in suspension of account.
  5. Transaction amount limit is initially set to R2000, after 6 months it’s increased to R5000 on Vendor’s request and review by Plus VPS Communications (Pty) Ltd Management.
  6. 1st Payout occurs at least 46 days after the new Vendor does first transaction on their account if Vendor did not make a security deposit upfront.
  7. For turnover of more than R20k per month consistently for past 3 months at least, transaction fee for Vendor’s future transactions could be dropped by 1% per transaction on Vendor’s request and review by Plus VPS Communications (Pty) Ltd Management.
  8. Special Payouts are charge at R150 per payout excluding any other fees as per Service agreement.
  9. Our technology is provided by PayFast and Virtual Card Services 9VCS_.
  10. Please visit Payment24 FAQ for more information: http://www.payment24.co.za/server/company/faq_list.asp. But above points are most up to date
  11. Plus VPS Communications (Pty) Ltd reserves the right to refuse any Vendor Transaction.
  12. Plus VPS Communications (Pty) Ltd reserves the right to reverse any Vendor Transaction if a transaction does not comply with our internal security checks. Transaction reversals are charged at R25.

Cancellation details for all of our Credit Card Verification services

  1. Cancellation period is 1-month Calendar notice.
  2. On cancellation confirmation last month’s unpaid transactions are held back for 6 months as credit card transactions can be reversed for up to 6 months.
  3. If in last month no transactions occurred, Vendor must pay additional funds to cover last 5 transactions total sum amount. All this amount is re-paid out to client after 6 months. No monthly Service cancellation can be processed without this.
  4. If Vendor did not receive any transactions in last 6 months then Step.3 (above) is not required.

Usage Policy
Refund Policy
Disclaimer

What does Plus VPS Communications (Pty) Ltd consider “Adult Material?”

  • Any site whose revenue is gained in part or whole from its adult content.
    1. Photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes.
    2. Photos or videos showing graphic violence or death.
    3. Revenue-generating hyperlinks to sites that violate policy #1.

Why does Plus VPS Communications (Pty) Ltd have this policy?

A virtual server is a shared environment where many websites & domains reside on each particular server. This being said, consider that an average “adult site” gets more hits than 100 standard websites. Some of the smaller adult sites get around 5 GB of transfer per day. With these types of resources being utilized, our servers would be severely slowed if we allowed these high traffic sites to also reside on our servers. On top of that, we would be forced to raise our prices to pay for the additional bandwidth. We strive to keep our service offering fast and inexpensive, and our bandwidth clear; therefore, adult sites are not an option.

TERMS AND CONDITIONS: EXTENDED SUPPORT SERVICE

REMOTE ACCESS TECHNICAL ASSISTANCE FROM PLUS VPS COMMUNICATIONS (PTY) LTD IS PROVIDED ON AND IS SUBJECT TO THE FOLLOWING TERMS:

BY CONTACTING PLUS VPS COMMUNICATIONS (PTY) LTD FOR SUPPORT SERVICES OFFERED ON AN EXTENDED PAY-PER-INCIDENT BASIS BELOW (“EXTENDED SUPPORT SERVICE”) THE INDIVIDUAL OR ENTITY (“CUSTOMER”) AGREES THAT THE FOLLOWING TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) GOVERN THE DELIVERY OF THE EXTENDED SUPPORT SERVICE.

Upon acceptance of Customer’s instruction, Plus VPS Communications (Pty) Ltd will provide extended support services (“Extended Support Services”) on software products or related technologies (“Supported Products”) as agreed.

2.1 Support Incidents. Extended Support Service is provided for a single Support Incident. A Support Incident is a specific, discrete problem whose origin can be isolated to a single cause. Plus VPS Communications (Pty) Ltd will make reasonable efforts to resolve a Support Incident but does not guarantee that the Support Incident will be resolved. Paradigm Group, in its sole discretion, will determine what constitutes a Support Incident and to the extent permitted by law if the Support Incident is resolved. Generally, a Support Incident is resolved when Customer receives one of the following: (a) information that resolves the problem; (b) information on how to obtain a software solution that will resolve the problem; (c) notice that the problem is caused by a known, unresolved issue or an incompatibility issue with a Supported Product; (d) information that identifies the problem as being resolved by upgrading to a newer release of the Supported Product; or (e) notice that the problem has been identified as a hardware equipment issue.

2.2 Response Times. Plus VPS Communications (Pty) Ltd will make reasonable efforts to respond to an Extended Support Service request within a reasonable time, but does not guarantee that a response will be provided within a specific time period.

  1. Customer Responsibilities.

Customer is responsible for all fees in establishing and maintaining email and telephone communications with Paradigm Group. Customer will cooperate with Plus VPS Communications (Pty) Ltd when seeking Extended Support Services by providing information necessary to assist Plus VPS Communications (Pty) Ltd diagnosing an issue. Customer is responsible for any and all restoration or reconstruction of lost or altered files, data, or programs. Customer will maintain and implement a complete data backup and disaster recovery plan. Customer is solely responsible for any and all security of its confidential, proprietary or classified information. Customer will not disclose to Plus VPS Communications (Pty) Ltd confidential, proprietary or any information that is subject to intellectual property rights that may expose Plus VPS Communications (Pty) Ltd to liability. Customer will have a reasonable understanding of the incident for which it seeks Extended Support Service and the computer system that it is operating on. Customer may not transfer Extended Support Services to a third party.

  1. Remote Access Extended Support Services.

Plus VPS Communications (Pty) Ltd may provide Extended Support Services via Internet remote access, whereby it will access, and if permitted by Customer, control and gather information on Customer’s computer through the installation and use of remote access software. Installation and use of the remote access software by Customer indicates its permission for Plus VPS Communications (Pty) Ltd to provide Extended Support Services in this way. All or portions of the remote access software files may remain on Customer’s computer after the Extended Support Service session is finished. Title to the remote access software and all intellectual property rights included therein remains with its licensors. Use of the applicable remote access software may be subject to additional licensing terms. While remote access Extended Support Services are provided, Plus VPS Communications (Pty) Ltd will only access, control and gather information on Customer’s computer that it reasonably believes is necessary to analyze and provide assistance for the Support Incident. Plus VPS Communications (Pty) Ltd recommends that Customer close all files and applications that are not pertinent to the Support Incident. The remote access software or the features of Customer’s computer will allow Customer to terminate the remote access Support Service session at any time.

  1. Disclaimer of Warranty.

ALTHOUGH PLUS VPS COMMUNICATIONS (PTY) LTD CANNOT GUARANTEE THAT A SUPPORT INCIDENT WILL BE RESOLVED, PLUS VPS COMMUNICATIONS (PTY) LTD WILL MAKE REASONABLE EFFORTS TO PERFORM THE EXTENDED SUPPORT SERVICES IN A PROFESSIONAL MANNER. AS PERMITTED BY APPLICABLE LAW, PLUS VPS COMMUNICATIONS (PTY) LTD SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, RELATED TO OR ARISING IN ANY WAY OUT OF THESE TERMS AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

  1. Limitation of Liability.

TO THE EXTENT PERMITTED BY LAW, PARADIGM GROUP’S LIABILITY UNDER THESE TERMS AND CONDITIONS IS LIMITED TO THE AMOUNTS PAID BY CUSTOMER FOR THE EXTENDED SUPPORT SERVICES. IN NO EVENT SHALL PLUS VPS COMMUNICATIONS (PTY) LTD HAVE ANY LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF DATA, LOSS OF USE OR EQUIPMENT OR FACILITIES, OR INTERRUPTION OF BUSINESS, ARISING IN ANY WAY OUT OF THESE TERMS AND CONDITIONS UNDER ANY THEORY OF LIABILITY, WHETHER OR NOT PLUS VPS COMMUNICATIONS (PTY) LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

  1. Governing Law.

IT IS AGREED THAT THESE TERMS AND CONDITIONS ARE GOVERNED BY THE LAWS OF THE REPUBLIC OF SOUTH AFRICA AND THE COURTS OF THE REPUBLIC OF SOUTH AFRICA WILL HAVE JURISDICTION OVER THE MATTER.

  1. Additional Services or Software. Any additional services provided, as part of the Extended Support Service will be governed by these Terms and Conditions.

Plus VPS Communications (Pty) Ltd reserves the right to decide what it considers “adult content”, “adult material”, “sexually explicit”, or “sexually related”.

  1. Software licenses must be renewed on or before the expiry date of the software; or the customer shall provide 30 (Thirty) calendar days’ notice to cancel any software licenses provides by Plus VPS Communications (Pty) Ltd.
  2. The customer will be liable for any costs involved or incurred by Plus VPS Communications 9Pty) Ltd for any software licenses provided to the customer.
  • Software licenses and pricing is subject to rand/dollar and dollar/rand exchange rates and as such will be changed without notice, and such balance if any, will be for the customer’s account.
  1. Remote Support and Setup Procedures
    1. The customer hereby agrees that Plus VPS Communications (Pty) Ltd may be required from time to time to perform remote support to the customer to assist with software, email and related hosting support settings on the customer’s compute system/s
    2. Plus VPS Communications (Pty) Ltd makes use of remote support software which is required to initiated such remote support sessions, and it’s the choice of Plus VPS Communications 9Pty) ltd to make use of TeamViewer software for such sessions.
  • Plus VPS Communications (Pty) Ltd will provide 1 (One) Free TeamViewer remote support session per instance or setup; for example Email setup on the clients computer system/s, thereafter a remote support session will be charged at R250 per hour.
  1. Plus VPS Communications (Pty) Ltd shall not be held liable or responsible for any changes made on the customers computer system/s after such event of any software or settings made by Plus VPS Communications (Pty) Ltd becomes damages, unstable or nonfunctional due to customer software changes, updates and other software related issues as such including the installation of other software or operating systems.
  2. Plus VPS Communications (Pty) Ltd, offers NO WARRANTEE on any software supplied, software installed or software settings made by Plus VPS Communications (Pty) Ltd, due to Plus VPS Communications (Pty) Ltd has no control over customers computers, the users of the computer or any software changes made by the customer or user of the computer system/s this is including malware, viruses and related software updates and changes which may damage the software and/or settings provided by Plus VPS Communications (Pty) ltd.
  3. Should the customer require additional remote assistance or support from Plus VPS Communications (Pty) ltd the customer shall make an appointment with a date and time for the session and pay R250 per hour or any part there off before such session or appointment commence.

Let us know if you are unsure of the approval of your site before placing an order at info@plusvps.co.za