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Terms and Conditions
This agreement is between www.mylistmanager.co.za shall hereafter be referred to as (The Provider), and the authorized person/ company/ entity mentioned above. The Duly Authorized Person/ Company/entity/signatory mentioned above shall hereafter be referred to as the "User".
  • Subject to the provisions hereof, the account will be opened upon receipt of an initial acceptance contract. This acceptance of the agreement shall remain enforce for each successive chargeable monthly/yearly period continuing thereafter at the then applicable rates or fees, unless written notice of cancellation is received from "User" at least 30 days prior to the beginning of the next chargeable monthly/yearly period. Refunds will be given at the discretion of the company management. The agreement services rendered shall continue indefinitely and shall be terminable on the expiry of 30 (thirty) days written notice given by either party to the other. Should the "user" enter into a yearly contract for services rendered then this agreement shall terminate after said period; 
  • Fees for "chargeable monthly / yearly period" for services rendered are payable prior to the beginning of each period (monthly / yearly). Failure to pay for services in no way relieves the "user's" obligations to make full payment.
  • The "user" hereby agrees to pay any and all legal fees, and related expenses incurred by The Provider in the collection of any outstanding amount due it; 
  • Should any "User" register for any product or services in the name of the "Company" and such services not be paid by the "Company" for any reason, the "User" shall be held responsible & liable in their personal capacity for the payment of any / all services. Should any "User" register for any product or services in the name of the "Company" and the "Company" declares insolvency the "User" shall be held responsible & liable in their personal capacity for the payment of any / all services. Should a "User" apply for "Debt Relief" while subscribed to services of the "Provider", the "User" will still be liable for any funds owed to the "Provider" based on the "Debt Relief Agreement" Should the "User" at any point fail to pay the "Provider" any amounts owed according to the "Debt Relief Agreement", the "User" shall then be immediately liable for the full outstanding amounts owed. The "Provider" reserves all rights to take legal action against the "User" in this regard.
  • Any account whose payment status is not current as of the start of the next month is deemed late. Generally, customers are given a 7-day grace period after which the users account may be suspended. Reactivation of suspended accounts incurs a reactivation fee of R100.00; 
  • The user agrees that The Provider has the right to delete all data, files or other information that is stored in the user's account if the user's account with the provider is terminated, for any reason, by either the provider or the subscriber; 
  • System accounts cannot be transferred or used by anyone other than the user. Accounts that have been transferred to other parties, or show other activity in violation of this paragraph, are subject to immediate cancellation; 
  • The Provider reserves the right to adjust service charges at their sole discretion. Existing subscribers will receive 30 days written notice relating to price adjustments for any such services offered; 
  • Annual & Bi-annually subscription payments may be made by either of the following methods: cheque, credit card or debit order. Monthly subscriptions can select to pay by either credit card or debit order directly to our bank account. If the amount due for hosting and/or the services charged be declined or not dishonoured, The Provider has the right to immediately cancel the "users" application and close or suspend the account without notice; 
  • The "user" agrees to use all The Provider's services at the "user's" own risk. The Provider specifically disclaims all warranties of merchantability and fitness for a particular purpose of quality accuracy & privacy. The services, products and information you obtain on or find, through or in conjunction with the website are provided "voetstoets (as is)", without warranty of any kind, either express or implied. In no event shall The Provider be liable for any loss, or loss of data, or any other damages; 
  • The "user" agrees to protect and indemnify The Provider against any and all liability, loss, or expenses arising from claims of libel, unfair competition, unfair trademarks, trade names or patents, violations of rights and privacy and infringement of copyrights and property resulting from "user's" use of The Provider's services; 
  • Due to the nature of the technologies and internet stability, the provider notes that service interruptions may occur. No full, partial, or pro-rata refunds will be made as adjustment for any such service interruption. Users hereby acknowledge that changes in the nature of the services which may be offered under this agreement which are beyond the control of the provider, and/or their assigns do not constitute grounds for any full or partial refund of any advance fees paid; 
  • The Provider has a strict policy against spamming. Users who "spam" via E-mail, newsgroups, etc. are not allowed the use of our services or servers. We define "spamming" as the distribution of unsolicited e-mail to other users or user groups that did not specifically ask for the information to be sent to them. Directing traffic to a webpage that contains any reference to MyListManager.co.za is STRICTLY prohibited. www.mylistmanager.co.za will be the sole arbiter as to what constitutes a violation of this provision All complaints shall be investigated & users abusing these services shall have their contracts terminated immediately. The "user" specifically agrees not to use The Provider's services in any manner that is illegal, libelous, or against any The Provider's policies; 
  • Any service interruptions as a result of user's spamming will be billed to the user at R450.00 per hour until service is restored. The user will also be in violation of the providers Service Agreement and subject to legal action; 
  • The Provider will not be responsible for any damage the "user" may suffer. This includes loss of data resulting from delays, non-deliveries, or service interruptions caused by its own negligence or your errors or omissions; 
  • Should unreasonable band-width be utilised by the User, an additional fee will be negotiated per account. Unreasonable band-width shall be determined at the sole discretion of the Provider. 
  • We do not permit adult material of any form (including but not limited to images, text, sound, video, etc) to be published through the list manager service. Further, you are not permitted to distribute material promoting hatred against individuals or groups or any content, which may be deemed to be illegal according to the laws of South Africa. The Provider reserves the right to decline requests for MyListManager rentals and to cancel any account at our discretion. Use of any information obtained via The Provider's list manager facilities is at your own risk. The Provider specifically denies any responsibility for the accuracy or quality of information obtained through its services; 
  • The "user" agrees not to post or transmit any file that contains a virus, worm, "Trojan Horse" or any other destructive feature, regardless whether damage is intended or unintended by the user; 
  • The Provider does not provide technical support for html MyListManager design; 
  • The Provider's servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots. The subscriber to The Provider's services agrees to indemnify and hold harmless The Provider from any claims resulting from the use of the service that damages the subscriber or any other party. The Provider will be the sole arbiter as to what constitutes a violation of this provision. Pornography and spamming are not allowed at The Provider and any material of this nature will cause the account to be shut immediately without financial refund; 
  • Violations of The Provider's system or network security are strictly prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with services to any user, host or network including, without limitation, mail bombarding, flooding of email or any spam mail, deliberate attempts to overload a system and broadcast attacks; 
  • Cancellations will NOT generate ANY refund; 
  • These Terms and Conditions supersede all previous representations understandings or agreements and shall prevail notwithstanding and variance with terms and conditions of any order submitted; 
  • Use of The Provider's list manager services constitutes acceptance of these Terms and Conditions; 
  • Should any provision of this agreement be held to be illegal, invalid, or unenforceable by a court of law, the legality, validity and enforceability of the remaining provisions of this agreement shall remain unaffected thereby unless otherwise stated; 
  • The Provider owns the content, graphics and code for our website. The content may not be copied, modified, redistributed or republished from this website without the express written consent of an authorized person from The Provider. 
This agreement sets forth the entire agreement and understanding between the parties and merges all prior discussion between them. The Provider reserves the right to add, delete, or modify any provision of this Policy at any time without notice, otherwise, this agreement may not be modified except by the written consent of both parties.
 
 
© 2003 - 2013 MyListManager.co.za
A Division of DiaMatrix
Tel: 0861 100 698
1 Zuid Street, Bagleyston
Johannesburg, South Africa
sales@diamatrix.co.za