Xpoze your Biz strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other Xpoze your Biz Networks customers and us against such harm. Xpoze your Biz reserves the right to update this policy at any time, so please check back periodically.

Definitions

Whenever the singular is used the same shall be construed as meaning the plural if the facts so require and vice versa.

“Xpoze your Biz” (or “we” / “us” / “our”) means Xpoze your Biz, a company incorporated in South Africa and operating in South Africa.

“Parties” means:

the “Responsible Party” is the person or entity who determines the scope of Personal Information (“what”), the purpose of Processing (“why”), and the means (“how”) of Processing the Personal Information.

“You” or the “Data Subject” means any person, including our clients, prospective clients, and/or our service providers, to whom the Personal Information relates;

“Operator” means those third-party persons or entities who Processes Personal Information on behalf of the Responsible Party in terms of an agreement;

General

The law of the Republic of South Africa will apply to this Agreement, its interpretation, and any matter or litigation relating to or arising from it, and the parties consent to the jurisdiction of the courts of the Republic of South Africa in this regard.

Payment Policies

Full payment is required before any hosting service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail. Payment is due on the first day of the month, for that month. New orders are pro-rata to the first day of the month. All customers will receive invoices 7 days before the due date. Billing will continue until you cancel your hosting account. We accept the following forms of payment: Electronic Funds Transfer (EFT), Credit Card (MasterCard and Visa), PayFast, and Debit Order.

Late Payment

It is your responsibility to ensure that your payment information is up to date and that all invoices are paid on time. You agree that until and unless you notify Xpoze your Biz of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms & Conditions), those services will be billed on a recurring basis, unless otherwise stated in writing by Xpoze your Biz. Xpoze your Biz reserves the right to allocate payments to the oldest outstanding invoice on your account. Xpoze your Biz reserves the right to bill your credit card or billing information on file with us.

Xpoze your Biz, provides a 5 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 5 days will result in account and service suspension until the account balance has been paid in full. Access to the account will not be restored until all outstanding payments have been received. We do not charge a reactivation fee.

Non-payment of outstanding service fee invoices will result in the termination of the hosting service. There is no guarantee that a backup will be available.

Minimum Term Agreement and Cancellation

Xpoze your Biz will cover the setup cost of your website to the value of the package chosen in your agreement. This will determine the minimum term of the agreement. If the agreement is cancelled within the agreed minimum term the outstanding amount will be payable at the cancellation date on a pro-rata basis. Should the monthly payment for the service fall into arrears the service will be cancelled and the pro-rata cancellation fee of the agreement will automatically be billed to the clients account.

Downgrades to a smaller package / service from what was originally purchased will not be permitted within the minimum term of the activation date.

After the minimum term has been reached, all contracts will be on a month-to-month basis, with a 30 days / 1 calendar month notice for cancellation.

Cancellations must be done via: admin@xpoze.biz. If you choose to cancel the account immediately then your account will be terminated from our servers on receipt of the cancellation. Cancellation of a subscription does not cancel any outstanding invoices. All outstanding invoices are still due.

Domain Services

We use the services of a third-party registrar to register domains. The registration is subject to the terms of the relevant registrar. Registration, maintenance, or transfer of a domain name is subject to the terms of the relevant registry governing the domain name.

When registering a domain name, it is not your property, it cannot be “owned” by anyone. We will register the domain in the name of the “Registrant” and they will have full control of the domain. We cannot guarantee the registration of a domain name, we will make every effort to register the domain that you choose.

We will not be held responsible if you give us incomplete or inaccurate information that will lead to a delay in the registration process. If you are acting on behalf of the domain owner, you agree to register the domain in your customer’s name. It is important to ensure that the correct person or entity is disclosed as the registrant. All registrant details must be true and accurate, you are not allowed to prevent a domain owner from moving their domain away should they choose to do so.

We will only act on the instructions of the account holder or other authorized users on the account. We act on your instructions to the extent that those instructions are possible and lawful.

All domain registrations are final. Domain names cannot be modified once they have been registered, a new domain will need to be registered.

You warrant that:

• All information provided in the registration of the domain is complete and accurate.
• You are entitled to register the domain name.
• If you are not the domain owner, you have permission from the owner to act on their behalf.
• You are not breaking any law or violating any Intellectual Property Rights by registering this domain.
• The domain will not be used in a malicious way.

We will do our utmost to prevent the expiry of your domain name, it remains your responsibility to ensure that the domain does not expire. Our billing system has been programmed to automatically generate your domain renewal invoice unless you expressly tell us not to do so, in which case the domain will expire. We try to send reminders before expiry dates. It may occur that reminders are not sent due to events beyond our control, we will not be held liable.

You indemnify us against any loss or damage that we may suffer arising from the registration of your domain name.

Domain Cost Refund Policy

Please note that fees payable for domain registration and renewal costs are non-refundable. Xpoze your Biz, accepts no responsibility for any typing errors (spelling mistakes) you make when ordering a domain name with us. Once a domain name has passed its expiry date there is no guarantee that we are able to renew the domain, additional charges might apply in these cases.

Premium Domains

As various registries worldwide mark high-value domains as premium domains, these domains cost more. We will make every effort to apply to the price of a premium domain prior to checkout however this may not always be possible. Should the Customer have paid for a domain that is a premium domain / marked / reflected as premium, the Customer will be given the opportunity to pay the premium domain name fee or a refund of the price paid will be given to the customer.

Unlimited Traffic/Storage Policy

Our unlimited plans do not have set limits on bandwidth and disk storage. Instead, we have a fair use policy that goes as follows.

Bandwidth and disk storage is unlimited as long as:

• they are used as an integral part of your website,
• you are not intentionally abusing the service by using excessive bandwidth or disk storage,
• you are not violating our terms and conditions, and
• you are not impeding our capability to provide other services to other customers.

 Email storage under Unlimited packages is subject to the following:

• we do not allow long term storage of emails, we reserve the right to remove emails older than 12 months,
• we do not allow the use of unattended mailboxes, if an account has unread emails older than 180 days it will be considered abandoned and may be deleted,
• emails stored in ‘spam’ or ‘deleted’ folders may be deleted where such emails are over 30 days old.

In other words, if you are adding content (images, files, text, etc) to your site and using the service in the way it is intended to be used, then we will not limit the amount of bandwidth and disk storage your site is consuming.

Our intention is that, as long as both parties are being fair, you should not have to worry about bandwidth or disk storage limits. We’ll take care of these sorts of issues so you can concentrate on growing your site.

If, however, you are attempting to take advantage of the service by distributing or storing large files, PDF’s or images, streaming excessive video or hosting music or something similar, then we will request that you cease doing so.

SPAM Policy

Xpoze your Biz takes a zero-tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Xpoze your Biz may not use or permit others to use our network to transact in UCE. Customers of Xpoze your Biz may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

If your actions have caused Xpoze your Biz mail servers or Xpoze your Biz IP address ranges to be placed on blacklists and other mail filtering software systems used by companies on the Internet, you will be assessed an R500 charge to your account for administrative charges incurred to remove and protect mail servers and IP ranges.

Content Policy

All services provided by Xpoze your Biz, are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any South African, United Kingdom, or United States Federal, State, Provincial, or City law is prohibited. This includes, but is not limited to copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statutes without proper authorization. The subscriber agrees to indemnify and hold harmless Xpoze your Biz from any claims resulting from the use of the service which damages the subscriber or any other party.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to Galaxy Media, a division of Social Solutions SA’s servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

• Pirated software
• Hacker programs or archives
• Fraudulent activities
• Adult sites
• Spellcaster activities
• Warez sites

Any illegal activity, online gambling, spamming or hacking will result in your site being shut down. The customer is solely responsible for the content stored on and served on their hosting space.

Xpoze your Biz will be the sole arbiter as to what constitutes a violation of this provision.

Scripts and Software Policy

You are free to install and use any scripts you wish, (as long as they are not on our banned script’s list, see below) however we reserve the right to disable any script or software in your hosting account that affects a normal server operation or service to other Xpoze your Biz customers.

Xpoze your Biz is not responsible for scripts that you use in your hosting. It is not our responsibility to ensure your scripts function correctly. Please don’t expect our support techs to troubleshoot aspects of your scripts or third-party scripts that you use on your sites hosted on our servers.

Xpoze your Biz provides technical support for the server & server-related software. Any scripts included in the Softaculous are 3rd party scripts and support is not provided by our techs.

The following scripts are banned due to the potential harm they can cause to other sites on the same server:

•     Torrentflux (and similar scripts)
•     AlienForm (all versions)
•     formmail.pl
•     Greymatter (all versions)
•     Open Webmail
•     Ikonboard (all versions)
•     IRC Egg Drops & IRC related programs.
•     Chat software
•     lstmrge.cgi
•     Proxy Servers & Scripts (EX: nph-proxy)
•     Shell, SSH, Telnet Scripts and Shell, SSH, Telnet Alternatives (cgitelnet.pl)
•     The Anonymizer
•     UltimateBBS (all versions)
•     YABB + YABB se (all versions)
•     Any script that uses / processes a massive number of flatfiles or large flatfile databases.
•     Crypto currency mining software, crypto currency wallets and crypto currency related websites.

Resource Usage

Our hosting accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs server/network performance is prohibited by this policy and may result in the suspension of your account without notice. You are prohibited from excessive consumption of resources, including processing time, memory, and session time. You may not use resource-intensive programs which negatively impact other customers or the performance, Galaxy Media, a division of Social Solutions SA’s systems or Hosting. Xpoze your Biz reserves the right to terminate or limit such activities.

System and Network Security

Users are prohibited from violating or attempting to violate the security of the Xpoze your Biz Network. Violations of system or network security may result in civil or criminal liability. Xpoze your Biz will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Taking any action in order to obtain services to which such a user is not entitled.

Backups

Full backups are made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the client’s responsibility to maintain local copies of their web content and information.

Intellectual Property

We are the owner and/or authorised user of all trademarks, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Site, unless otherwise indicated. Except as provided in these Terms & Conditions, use of the Site does not grant you any right, title, interest or license to any such intellectual property you may access on the Site. Except as provided in these Terms & Conditions, any use or reproduction of the intellectual property is prohibited.

You may view this Site and you are welcome to print hard copies of material on it solely for your lawful, personal, non-commercial use. All other copying, whether in electronic, hard copy or other format, is prohibited and may breach intellectual property laws and other laws world-wide. Furthermore, you are not entitled to reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material, or use it for commercial purposes, without our prior written consent. All other rights are reserved.

Refusal of Service

We reserve the right to refuse service to anyone for any reason not prohibited by law. We reserve the right to terminate service to any customer for any reason not prohibited by law.

Any deliberate attempt to cause damage to Xpoze’s servers, the Xpoze your Biz network or any other internet servers will result in account deactivation without prior notice.

1. Start of website dependent on finalisation of content and template. 
2. Client to supply all relevant content / pictures to be used.
3. Front end development only:
   • Lay-out of content
   • Metatags / keywords
   • SEO Starterpack
   • Blogs – basic structural development ( if more than one category)
   • basic contact forms + Google map
   • application of company CI to site
   • fully functional navigation
4.  Does not include (unless specifically quoted)
   • major coding / structural changes to the template
   • database development
   • data capturing software
   • e-commerce
   • custom forms
   • any added functionality

Logo & Corporate Identity Development

1. Logo Development – research + up to 4 options to choose from
2. Up to 3 comprehensive proofs to finalise.
3. CI only to start after approval of logo 
4. Initial look and feel to be decided on business card and email signature or letterhead 
5. Rest of CI elements to follow after approval of first 2 designs.