Terms and Conditions

Welcome to www.artmedia.co.za!

These terms and conditions outline the rules and regulations for the use of AM Creative | Artmedia.co.za’s Website, located at https://artmedia.co.za/home/.

By accessing this website we assume you accept these terms and conditions. Do not continue to use www.artmedia.co.za if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By accessing www.artmedia.co.za, you agreed to use cookies in agreement with the AM Creative | Artmedia.co.za’s Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, AM Creative | Artmedia.co.za and/or its licensors own the intellectual property rights for all material on www.artmedia.co.za. All intellectual property rights are reserved. You may access this from www.artmedia.co.za for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

This Agreement shall begin on the date hereof. Our Terms and Conditions were created with the help of the Terms And Conditions Generator and the Privacy Policy Generator.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. AM Creative | Artmedia.co.za does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of AM Creative | Artmedia.co.za,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, AM Creative | Artmedia.co.za shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

AM Creative | Artmedia.co.za reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

You hereby grant AM Creative | Artmedia.co.za a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of AM Creative | Artmedia.co.za; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to AM Creative | Artmedia.co.za. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

No use of AM Creative | Artmedia.co.za’s logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Your Privacy

Please read Privacy Policy

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Hosting

Code of Conduct

Introduction

Storage

  1. In order to provide electronic communications services to its subscribers, AM Creative. holds licences issued by the Independent Communications Authority of South Africa (ICASA). ICASA requires that all licence-holders comply with, inter alia, the:
    1. ICASA Code of Conduct Regulations 2008, which sets out the minimum standards of conduct when providing services to subscribers or dealing with potential subscribers; and
    1. ICASA End-user and Subscriber Service Charter Regulations 2009, which sets out the minimum quality of service standards applicable to services provided by AM Creative. to current subscribers and potential subscribers.
    1. AM Creative. has set out its own Code of Conduct and Service Charter in line with these Regulations and will strive to follow this in its interactions with current subscribers and potential subscribers.
    1. A copy of the ICASA Code of Conduct Regulations 2008 is available here, while the ICASA End-user and Subscriber Service Charter Regulations are available here.

Key Commitments

  1. AM Creative. makes the following key commitments and will endeavour to:
    1. Act in a reasonable, fair and responsible manner in all dealings with Customers;
    1. Ensure that all its services and products meet the standard specifications as contained in AM Creative.’s licences and all the relevant laws and regulations;
    1. Not unfairly discriminate against or between Customers in any way on the basis of race, gender, sex, age, religion, belief, disability, ethnic background or sexual orientation;
    1. Display utmost courtesy and care when dealing with Customers;
    1. Provide Customers with information regarding services and pricing;
    1. Where requested to do so provide Customers with guidance with regard to their service needs; and
    1. Keep the personal information of Customers confidential unless we are:
      1. Otherwise authorised or required by law or order of Court;
      1. In possession of written authorisation from you to do so; and/or
      1. Required to release such information for the purpose of briefing our auditors or professional advisors or an accredited debt collection agency.
    1. Subscribers and potential subscribers have the right to refer Complaints to ICASA as more comprehensively set out below.

Consumer Rights

  1. The ICASA Code of Conduct Regulations 2008 stipulate the following (non-exhaustive) list of consumer rights held by subscribers and potential subscribers:
    1. A right to be provided with the required service without unfair discrimination;
    1. A right to choose the service provider of your choice;
    1. A right to receive information in your preferred language AM Creative. will do its best to meet this request where reasonable);
    1. A right to access and question records held by AM Creative. and which relate to your relationship with us;
    1. A right to the protection of your personal data, including the right not to have personal data sold to third parties without your permission;
    1. A right to port a number in terms of applicable regulations;
    1. A right to lodge a complaint; and
    1. A right to redress.

Availability of Information

  1. Information relating to:
    1. Our range of services / products on offer;
    1. Tariff rates applicable to each service offered;
    1. Terms and conditions applicable to such services / products;
    1. Payment terms;
    1. Billing, billing processes and our Billing Dispute Handling Procedure;
    1. Complaints Handling Procedure, and
    1. Relevant contact details. can be obtained from our website (www.1-grid.com) or by email request to support@artmedia.co.za (no charge payable) and is available for inspection at our offices during Business Hours.

Vetting of Applications and Use of registered Credit Bureaus

  1. Where applicable, we solely reserve the right to subject any application for services and/or products, including variations to existing services and/or products, to credit referencing and analysis by registered credit bureaux. You consent to the use of all information supplied for this purpose and for the purpose of compliance with the National Credit Act of 2005.

Written Terms and Conditions of Service

  1. We will provide you with a copy of the written Terms and Conditions upon finalisation of a service agreement or as soon as is reasonably possible thereafter. Where an agreement is entered into telephonically, a copy of the written Terms and Conditions thereof will be provided to you within 7 Business Days.
    1. Where we affect alterations to the Terms and Conditions of our service to you we will inform of such alterations within a reasonable and fair period.

Minimum Standards for the Services offered by AM Creative.

  1. Subject to events and conduct beyond its reasonable control, AM Creative. will:
    1. provide a minimum of 95% network service availability measured over 6 months;
    1. provide a minimum of 95% service availability measured over 6 months;
    1. attain a 90% success rate in meeting requests for installation and activation of service for qualifying service applicants within 30 Business Days while meeting the balance of requests within 40 Business Days;
    1. provide full reasons to you where we are not able to meet your request for service within these time periods;
    1. attain a 90% success rate within 7 Business Days in meeting requests for activation of a service while meeting the balance of requests within 15 Business Days;
    1. provide full reasons to you, if possible, where we are not able to meet your request for activation within these time periods;
    1. maintain an average of 90% fault clearance rate for all faults reported within 3 days, with the balance to be cleared within 6 Business Days of the reporting of the fault;
    1. respond within 3 minutes (averaged over 6 months) to any call directed to the AM Creative. call centre;
    1. Customers acknowledge that AM Creative. is directly dependent on network and other services provided by third parties in providing the services and meeting the standards set out above and that AM Creative. cannot be held liable in any manner whatsoever for any failure to meet such standards where this results from the acts and/or omissions of such third parties.
    1. Customers acknowledge that AM Creative. is directly dependent on network and other services provided by third parties in providing the services and meeting the standards set out above and that AM Creative. cannot be held liable in any manner whatsoever for any failure to meet such standards where this results from the acts and/or omissions of such third parties.

Miscellaneous

  1. Any queries relating to this Code of Conduct should be sent to support@artmedia.co.za
  2. This Code of Conduct forms part of the Terms and Conditions applicable to the use of AM Creative.’s services and products and is incorporated therein.

Disclaimer

Thank You For Taking The Time To Read Our Disclaimer

AM Creative., at its sole discretion, reserves the right to change or modify any of the terms, conditions and operation of this Website at anytime. By using this service, the user waives any rights or claims it may have against AM Creative., regarding such changes. Without limiting the foregoing, AM Creative. shall not be liable to you or your business for any incidental, consequential, special or punitive damages, lost or imputed profits or royalties arising out of this agreement, or any goods or services provided, whether for breach of warranty or any obligation arising therefrom or otherwise, whether liability is asserted in contract or not (including negligence and strict product liability) and irrespective of whether you have been advised of the possibility of any such loss or damage.

Hereby, each party waives any claims that these exclusions deprive such party of an adequate remedy. You acknowledge that third party product and service providers advertise their products and services on the AM Creative. website. AM Creative. forms partnerships or alliances with some of these vendors from time to time in order to facilitate the provision of these products and services to you. However, you acknowledge and agree that at no time is AM Creative. making any representation or warranty regarding any third party’s products or services, nor will AM Creative. be liable to you or any third party for any claims arising from or in connection with such third party products and services. Hereby, you waive and disclaim any rights and claims you may have against AM Creative. with respect to third party products and services, to the maximum extent allowable by law.

Privacy Policy

Purpose

This Policy sets out the manner in which AM Creative. manages personal information collected from or submitted by you, the user, when visiting AM Creative.’s website(s).

Definitions

  1. “personal information” is as defined in the Promotion of Access to Information Act No 2 of 2000 (“PAIA”) “user” means any person accessing any part of the website

Status

  1. This Privacy Policy forms part of the Terms and Conditions of Use of this website means you agree to the provisions of this Policy and are bound by them.

Collection of Personal Data

  1. We collect only necessary information and use it only for the purpose for which it is required.
  2. We will neither sell your personal information to anyone, nor otherwise dispose of it to a third party otherwise than as set out in the Policy. We will not attempt to obtain your permission to do so by deceptive means.
  3. If we do not need the information anymore, we will delete any personal information held.
  4. We do not retain or store any credit card information.

Email Communications

  1. When you send us personally identifying information in an email, we use what you provide only to help us gather information you might request. In an effort to respond to your request, information you submit may be viewed by various people within AM Creative. Once received, the information to your email is protected in accordance with this Policy.

Collection of Anonymous Data

  1. In order to provide the best possible and most relevant service, we may use standard technology to collect information about the use of this site. This technology is not able to identify individual users but simply allows this website to collect statistics.
    1. In order to do this we use cookies. A cookie is a small file that is placed on your hard drive in order to keep a record of your interaction with this website and will log:
      1. The Internet Protocol (IP) address from which you access our website. An IP address is the unique number that is automatically assigned to the computer you are using whenever you are using the web.
      1. The type of browser (such as Internet Explorer or Mozilla) and operating system (such as Windows Vista or MacOS) used to access our site.
      1. The date and time when the website is accessed, for the purpose of traffic and statistical monitoring.
      1. The pages visited, for the purpose of improving the usefulness of our website, by providing helpful links and removing pages that are not read.
    1. If you do not wish cookies to be employed, it is possible to change the manner in which your browser handles cookies. Please note that, if this is done, certain services on this website may not be available.

Access to Personal Data

  1. If you believe that your personal data which we may have is outdated or incorrect, please ask us to correct it by using our contact page. Please provide us with all the information we need to make the correction.
    1. You can also request access to any relevant personal data held by the website owner as set out in the Promotion of Access to Information Act 2 of 2000 (“PROATIA”) and where such access is necessary for you to exercise and/or protect any of your rights. It is advisable to send AM Creative. an email requesting the information you need.

Links to Other Websites

  1. We have no control over and accept no responsibility for the privacy practices of any third party sites to which hyperlinks may have been provided and we strongly recommend that you review the privacy policy of any site you visit before using it.

Security

  1. While reasonable measures are taken to ensure the integrity and security of information submitted to this site, we may not be held liable for any loss or other damage sustained by a user or users as a result of the intentional or accidental release of information by an employee of the website owner or any third party.
    1. Users and/or subscribers are prohibited from releasing their username and/or password to any other person or party.

Children’s Privacy

  1. This is a child-friendly website: AM Creative. takes into account the privacy and well-being of children when they are online.

Queries

  1. If you have any queries about this Privacy Policy please contact us.

Information Act

Section 51 Manual For AM Creative.

Introduction

This Manual is published in terms of Section 51 of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) (“the Act”). The Act gives effect to the provisions of Section 32 of the Constitution, which provides for the right of access to any information held by the State and to any information held by another person that is required for the exercise and/or protection of any right. The reference to any information in addition to that specifically required in terms of Section 51 of the Act does not create any right or entitlement (contractual or otherwise) to receive such information, other than in terms of the Act.

  1. Overview

AM Creative. provides Internet Services to its customers, in both the business and home market. AM Creative. supports the constitutional right of access to information and we are committed to provide you access to our records in accordance with the provisions of the Act, the confidentiality we owe third parties and the principles of South African law.

A copy of this Manual is available on our website PROATIA_Manual.pdf or by sending a request for a copy to the Information Officer by email. The Manual may also be obtained from our head office, the South African Human Rights Commission (“SAHRC”) at the addresses set out below. This Manual will be updated from time to time, as and when required.

Requests for access to records held by  AM Creative. must be made on the request form that is available on our website, from the SAHRC website (www.sahrc.org.za) or the Department of Justice and Constitutional Development (www.doj.gov.za) (under “regulations”). Note that requests need not be accompanied by payment, but will only be processed upon payment of the prescribed fees.Requests for access to records must be made to our Information Officer at the address, fax number or electronic mail address provided for below.The requester must provide sufficient detail on the request form to enable the Information Officer to identify the record and the requester. The requester should also indicate which form of access is required and indicate if he or she wishes to be informed in any other manner and state the necessary particulars to be so informed.The requester must identify the right that he or she is wanting to exercise or protect and provide an explanation of why the requested record is required for the exercise or protection of that right.If a request is made on behalf of a person, the requester must then submit proof, to the satisfaction of the Information Officer of AM Creative., of the capacity in which the requester is making the request.The standard form that must be used for the making of requests is attached as Annexure 1. Not using this form could cause your request to be refused or delayed (if you do not provide satisfactory or sufficient information or otherwise).Kindly note that all requests to AM Creative. will be evaluated and considered in accordance with the Act. Publication of this manual and describing the categories and subject matter of information held by AM Creative. does not give rise to any rights (in contract or otherwise) to access such information or records except in terms of the Act.

Name of Private Body: AM Creative.

Designated Information Officer: Morne Patterson
Email address of Information Officer: morne.patterson@artmedia.co.za

Postal address:
8 Wessex Road 
Paarden Eiland
Cape Town
7405

Street Address:
8 Wessex Road 
Paarden Eiland
Cape Town
7405

Phone number: 021 200 1200
Fax number: 27 21 413 1111

PAIA Unit
The Research and Documentation Department

Postal address:
Private Bag 2700
Houghton
2041

Telephone: +27 11 484-8300
Fax: +27 11 484-0582
Website: www.sahrc.org.za
E-mail: paia@sahrc.org.za

7.1. Access to the records held by the private body in question.
i. The latest notice regarding the categories of records of the body, which are available without a person having to request access in terms of this Act in terms of section 52(2) Section 51(1)(c) – Not applicable

8.1 Internal Records

8.2 Personnel Records

Personnel refers to any person who is employed by, works for or provides services to or on behalf of AM Creative. and receives or is entitled to receive any remuneration and any other person who assists in carrying out or conducting the business of AM Creative. This includes, without limitation, directors, executive directors, non-executive directors, all permanent, temporary and part-time staff, as well as contract workers. Personnel records include the following:

8.3 Customer Records

Please be aware that AM Creative. is very concerned about protecting the confidential information of its customers. Please motivate any request for customer information with extreme caution, having regard to Sections 63 to 67 of the Act.

Customer information includes the following:

Records generated by or within AM Creative. pertaining to customers, including transactional records.

8.4 Technical Records

8.5 Other Parties

Records are kept in respect of other parties including, without limitation, contractors, suppliers, joint ventures, service providers and general market conditions. In addition, such other parties may possess records, which can be said to belong to AM Creative.

The following records fall under this category:

8.6 Other Records

Further records are held including:

Research information belonging toAM Creative., whether carried out by AM Creative. or commissioned from a third party.

Online Advertising Terms and Conditions

AM Creative. provides Pay Per Click (PPC) services as specified in this agreement.

The Customer Understands And Acknowledges The Following:

  1. Advert positions might change from time to time.
  2. 1 grid has no control over other parties bidding more on the same or similar keywords which may influence the Customer’s advert position.
  3. AM Creative. has no control over search engines and cannot provide any guarantee that any of the search engines will or will not change their algorithms in such a way that may have a detrimental effect on the ranking of the website.
  4. AM Creative. maintains a tiered product and pricing structure. Should the Customer’s advertising spend go over their selected tier, AM Creative. reserves the right to increase the Customer’s payment amount to AM Creative., in line with the tier that their chosen spend denoted.
  5. The display times for adverts to appear on Google OR other search engines may change.AM Creative. cannot guarantee that the Customer’s advert will appear immediately on a search engine or that the advert’s position will change straight away from previous campaigns that AM Creative. was not managing.
  6. 1 grid accepts no responsibility for any detrimental effect to the success of a campaign should the Customer’s website change without warning. The Customer understands that changing their website in anyway without informing 1 grid will have a detrimental effect on the success of the campaign being managed by 1 grid.

AM Creative. Shall Not Be Liable To The Customer For:

Any loss of revenue or contractual agreements between the Customer and their supplier or profits.

Protection of Minors

The below websites contain information and applications for protecting minors from problematic online content:

  1. Cyberangels: The world’s oldest and largest Internet safety organisation.
  2. GetNetwise: An organisation that educates parents and children about how to use the Internet safely.
  3. Enough.org: An organisation that protects children in cyberspace.
  4. SafeKids.com: A platform that makes your family’s online experience fun and productive.
  5. WiredKids: The first online safety, education, and help group in the world focused on kids and teens.

Shared Hosting Usage Guidelines and Acceptable Use

AM Creative. reserves the right to amend the Acceptable Usage Policy for our Shared Hosting service as necessary. This is to ensure optimal performance across our network for the majority of our Shared Hosting clients.

AM Creative. is engaged in supplying quality services to its customers. To ensure the integrity of the network and to offer customers fair and equal usage, AM Creative. solely reserves the right to undertake the necessary steps to prevent excessive usage by the following means:

To ensure service levels within the Shared Hosting platform are maintained, 1 grid utilises various methods to protect its subscribers and associated systems from abuse which includes, but is not limited to, the following:

Max number of outbound mail an hour: 600
Max number of recipients per mail: 25

Free Domain

If a Shared Hosting package is cancelled within 6 months, the customer is liable to pay for his or her free domain.

Domain Registrations as a Reseller

When registering a domain as a reseller, it has to be registered with the correct beneficiary details of the domain end user and not that of the reseller.

Legal

The User undertakes to use 1 grid’s services in accordance with any restrictions imposed under the following legislation:

All cases of violation of the above Acceptable Use Policy should be reported to abuse@artmedia.co.za

Terms and Conditions

General

AM Creative. reserves the right to change or modify any of the terms and conditions contained in this agreement.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

Acceptable Use Policy

  1. By using AM Creative.’s services, you agree to adhere to our Policies and Procedures, including this Acceptable Use Policy (AUP).

General and Acceptable Use

  1. You are expected to use AM Creative.’s services with respect, courtesy, and responsibility, giving due regard to the rights of other users. We expect you to have a basic understanding of how the Internet functions, the types of uses which are generally acceptable, and the types of uses which are unacceptable. Common sense is regarded as the best guide for what is considered acceptable use.

Unacceptable Use

  1. Illegality in any way or form including, but not limited to, activities such as unauthorised distribution or copying of copyrighted material, violation of export restrictions, harassment, fraud, trafficking in obscene material, child sexual abuse imagery or in any other way, drug dealing, and other illegal activities.
    1. AM Creative.’s services and servers may be used strictly for lawful purposes. Storage, transmission or distribution of any material or part of it in violation of any applicable law or regulation is strictly prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorisation, and material that is obscene, defamatory, constitutes a legal threat, or violates export control laws. Examples of unacceptable content or links: “pirated software”, “hacker programs or archives”, “Warez sites”, “IRC Bots”, “illegal MP3s” etc.
    1. Due to the nature of a shared web hosting environment, AM Creative. reserves the right to ask customers to upgrade or correct issues pertaining to their shared web hosting package, or to correct issues on their shared web hosting package, should it negatively affect the network or server performance for the majority of our customers.
    1. The  AM Creative. shared web hosting platform is intended for hosting a website with relevant, appropriate and legal content and function for a personal or small home business without the concern of traffic overages. The use of the service should not be indicative for large scale enterprises or applications where a dedicated server would be more suited.
    1. AM Creative. prohibits the use of the shared web hosting service disk space to be used for purposes other than its intended function: content hosting, personal and small enterprise email and relevant web files.
    1. The use of dedicated or shared hosting services for hosting torrent boxes and/or running proxies is strictly forbidden. Servers continuously running a risk of supporting these types of services will be disabled and terminated from our network with immediate effect.
    1. Posting of defamatory, scandalous, violent or private information about a person without their consent, intentionally inflicting pain or emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
    1. Any unacceptable use of the services constitutes a material breach of these Terms and Conditions of Use, and AM Creative. fully and solely reserves its rights in this regard.

Interpretation

  1. The provisions of this Policy are not meant to be exhaustive, but are intended as guidelines. Generally, any behaviour that breaches or violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is strictly prohibited. AM Creative. reserves the right at all times to prohibit conduct that damage its reputation and goodwill in any way.

System and Network Security

  1. 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:
    1. unauthorised access, use, probe, or scan of a system’s security or authentication measures, data or traffic;
    1. interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
    1. forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting; and
    1. employing posts or programs which consume excessive CPU time or storage space, permits the use of mail services, mail forwarding capabilities, POP accounts, or autoresponders other than for their own account; or resale of access to CGI scripts installed on our servers.

Spamming

  1. Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site’s mail server to relay mail without the express permission of the site or distributing, advertising or promoting products or software or services that have the primary purpose of encouraging or facilitating unsolicited commercial email or spam.
    1. It is in violation of AM Creative.’s Policy for customers to use our servers to effect or participate in any way in any of the following activities:
      1. To post to any Usenet or other newsgroups, forums, email mailing lists or other similar groups or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list;
      1. To send unsolicited mass emails, if such emails provoke complaints from the recipients;
      1. To engage in any of the foregoing activities using the service of another provider, but channelling such activities through a AM Creative. provided server, or using a AM Creative. provided server as a maildrop for responses;
      1. To falsify user information provided to AM Creative. or to other users of the service in connection with use of a AM Creative. service.
    1. We reserve the right to suspend a service due to spam activity. A reactivation charge will be applicable.

Determination of a Breach of This Policy

  1. AM Creative. will be the sole arbiters and have a sole and complete discretion in determining what is seen as a violation of this Policy.

Consequences of Breach of This Policy

  1. When AM Creative. becomes aware of an alleged violation of its AUP (Acceptable Use Policy), AM Creative. will initiate an investigation (within 24-48 hours). During the investigation AM Creative. may restrict your access in order to prevent further possible unauthorised activity. If you are found in violation of our SPAM Policy, AM Creative. may, at its sole discretion, restrict, suspend, or terminate your account and/or pursue other civil remedies. Also, AM Creative. reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated Policy violation. If such violation is a criminal offence, AM Creative. will notify the appropriate law enforcement department of such violation.
    1. AM Creative. does not issue service credits for any outages incurred through service disablement resulting from Policy violations.
    1. You shall be held liable for any and all costs incurred by AM Creative. as a result of your violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorised bulk mailings and/or news server violations.
    1. First violations will result in a Cleanup Fee of R1500 and your account will be reviewed for possible immediate termination.
    1. A second violation will result in Cleanup Fee of R3500 and immediate termination of your account.
    1. The Customer who violates this Policy agrees to also pay Investigation Fees of no more than R1500 per hour that AM Creative. personnel must spend to investigate any violations.

Modification

  1. AM Creative. may at times, with reasonable notice to Customers, revise or amend its current Shared and Dedicated Hosting offerings relating to price, features, traffic allocations and disk sizes.
    1. AM Creative. reserves the right to add, delete, or modify any provision of this Policy at any time without notice.

Reporting Network Abuse

  1. Any party seeking to report any violations AM Creative.’s Policy may contact via email: abuse@artmedia.co.za

Website Takedowns

  1. All queries related to website take downs may be directed to the Internet Service Providers’ Association (ISPA), which AM Creative. has appointed as its agent for the purposes of receipt of takedown notices in accordance with Chapter 11 of the Electronic Communications and Transactions Act of 2002:
    Website:  www.ispa.org.za
    Email:  takedown@ispa.org.za

Disclaimers and Limitation of Liability

  1. You agree that our entire liability, and your exclusive remedy, with respect to any Services provided under this Agreement and any violation of this Agreement is solely limited to the amount you paid for such Services. We and our contractors shall not be held liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services.
    1. We disclaim any and all loss or liability resulting from, but not limited to, loss or liability resulting from:
      1. access delays or access interruptions;
      1. data non-delivery or data mis-delivery;
      1. acts of God;
      1. the unauthorised use or misuse of your account identifier or password;
      1. errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement;
      1. the interruption of your Service.
    1. You agree that we will not be liable for any loss of registration and use of your domain name, or for 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, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
    1. Subject always to the provisions of the CPA, to the extent that it is applicable, AM Creative.’s 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. AM Creative. expressly disclaims any representation or warranty that the AM Creative. services will be error-free, secure or uninterrupted.
    1. No oral advice or written information given by AM Creative., its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice as if it were a warranty. The terms of this section will survive any termination of this Agreement.
    1. AM Creative. will use its best efforts to maintain a full-time Internet presence for the Account Holder. You hereby acknowledge 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.
    1. The terms of this Section will survive any termination of this Agreement.

Responsibility for Content and Account Holder Indemnities

  1. You agree to indemnify and hold AM Creative. harmless from any and all Claims resulting from or connected with any activities conducted by you. You and AM Creative. will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement.
    1. You agree not to store, transmit, link to, advertise or make available any images containing pornography through the Virtual Web Hosting service. AM Creative. reserves the right to refuse service if any of the content within, or any links from, your website is deemed illegal, misleading, or obscene, or is otherwise in breach of these terms or AM Creative.’s then current Acceptable Use Policy, in the sole and absolute opinion of AM Creative.
    1. AM Creative. will not change passwords to any account without proof of identification, which is satisfactory to AM Creative., which may include written authorisation with signature. In the event of any partnership break-up, divorce or other legal problems that includes you, you understand that AM Creative. will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will AM Creative. be liable for any losses incurred by you during this time of determination of ownership, or otherwise. You agree to indemnify and hold harmless AM Creative. from any and all Claims arising from such ownership disputes.
    1. You agree to indemnify and hold AM Creative. and any other Account Holder harmless from any and all Claims resulting from your use of the services provided by AM Creative. The terms of this Section will survive any termination of this Agreement.
    1. You agree not to harm AM Creative., its reputation, computer systems, programming and/or other persons using AM Creative.’s services.
    1. The terms of this Section will survive any termination of this Agreement.

Variation of Services

  1. You agree that AM Creative. may establish certain limits concerning use of any AM Creative. service offered on any AM Creative. website including, without limitation, the maximum number of days that email messages will be retained by any AM Creative. service, the maximum number of email messages that may be sent from or received by an account on any AM Creative. service, the maximum size of an email message that may be sent from or received by an account on any AM Creative. service, the maximum disk space that will be allotted on AM Creative.’s servers on your behalf either cumulatively or for any particular service. You agree that AM Creative. has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any AM Creative. service. You acknowledge that the features, parameters (for example, the amount of storage available to users) or existence of any AM Creative. service may change at any time.
    1. AM Creative. reserves the right to select the server for your website for best performance. You understand that the services provided by AM Creative. 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 yours website overwhelms the server and causes complaints from other users, you have outgrown the realm of shared servers, and will need to relocate your website. If you refuse to comply with this Section, then AM Creative. has the right to terminate the services provided to you without any refunds of the unused portion prepaid by you.

Non-transferability of Services

  1. Your rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of AM Creative.

Passwords

  1. You are responsible for maintaining the confidentiality of your password. In the event of a breach of security through your account, you will be liable for any unauthorised use of AM Creative. services, including any damages resulting there from, until you notify AM Creative.’s customer service.
    1. The responsibility of all passwords and other related sensitive information is assumed by you, should any additional fee’s arise from resource consumption due to poor credentials (such as, but not limited to blank passwords or “test” accounts) no fault shall be levied on AM Creative.

Assignment of IP Addresses

  1. AM Creative. assigns you an Internet Protocol address in connection with your use of the AM Creative. services, the right to use that Internet Protocol address will remain with and belong only to AM Creative., and you will have no right to use that Internet Protocol address except as allowed by AM Creative. in its sole and absolute discretion.

General Provisions

  1.  
    1. This Agreement constitutes the entire agreement between you and AM Creative. with respect to the AM Creative. services and supersedes all prior agreements between you and AM Creative. AM Creative. reserves the right to amend this Agreement from time to time. Any new version of the Agreement will be displayed on our Website together with the date on which it will become effective, which will never be less than 30 (thirty) days after the date on which it is first published. It is your obligation to visit our web site on a regular basis in order to determine whether any amendments have been made. Any use by you of the AM Creative. services after the effective date of any such amendment, shall be deemed to constitute acceptance by you of such amendment.
    1. AM Creative.’s failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.
    1. 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.
    1. Save where otherwise provided for in this Agreement, if you:
      1. fail to pay any amount payable under this Agreement within 10 days after receipt of written demand requiring such payment; or
      1. commit a breach of any provision (other than a payment obligation) of this Agreement and, if such breach is capable of remedy, fail to remedy such breach within thirty days after receipt of written demand requiring you to do so;
      1. are placed under liquidation, judicial management, business rescue proceedings or any similar disability, whether provisionally or finally and whether voluntarily or compulsorily;
      1. commit any act which if committed by a natural person would constitute an act of insolvency;
      1. become insolvent;
      1. compromise or attempt to compromise generally with any of your creditors;
      1. have a final judgment taken against you which is not satisfied within 30 days after the granting of such judgment;
      1. you have acted (or failed to act, when action is required) in a criminal manner or in violation of any law or regulation; or in a manner that may be considered offensive or abusive to 1-grid (Pty) Ltd (including 1-grid’s reputation or goodwill) or its staff;
      1. you have failed to provide any information or assistance that 1-grid (Pty) Ltd has requested from you;
      1. your use of the Service has or may negatively impact any other 1-grid (Pty) Ltd customers.

AM Creative. shall be entitled, without prejudice to any of its other rights under this Agreement and/or in law and by giving written notice, to immediately cancel this Agreement or to claim immediate specific performance of all of your obligations whether or not due for performance, in either event without prejudice to AM Creative.’s right to claim damages.

BILLING TERMS OF AM Creative.

General

  1. AM Creative. will provide you with an itemised bill or invoice on request or where this is specified as part of the services provided to you.
    1. Accounts are due on invoice presentation date (“Due Date”) shown on all invoices received from AM Creative., unless agreed otherwise. AM Creative. retains the right to impose, subject to a notice period of 7 Business Days, a credit limit on any of it’s customers as and when it sees fit. (Amended 6 May 2015)
    1. AM Creative. products and services are not pro-rated.
    1. AM Creative. will provide a service to you, as chosen by you, for the period of time (“the Term”) corresponding with the payment plan specific to you or as otherwise specified in the product’s terms and conditions relating to the particular product or service supplied by AM Creative. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated.
    1. AM Creative. runs debit orders every week between Mondays and Thursdays.

Effect of Non-payment

  1. In the event of non-payment of an invoice by the stipulated Due Date, without prejudice to any other rights that AM Creative. has in terms of this Agreement or in law, AM Creative. reserves the right to hold you liable for the total amount due pursuant to such invoice.
    1. Interest of 2% per month may be charged on all overdue accounts.
    1. AM Creative. may halt or completely stop the supply of new services to you and/or terminate current services held by you if payment of any invoice is not made by the Due Date, or if an application for business rescue proceedings or liquidation is filed by or against the customer, or if the customer goes out of business or announces intention to do so.
    1. If the supply of new services is stopped or the existing services are terminated in accordance with section 6, the full outstanding balance becomes due and payable immediately.
    1. If you pay the amount due in full, you may have your existing services re-activated and also purchase new services.
    1. If you neglect to pay the amount due in full, AM Creative. will submit the full overdue amount for Collections. In the event of the account being handed over to an outside collection agency, any costs incurred as such will be for your own account.
    1. In the event of suspension due to non-payment, AM Creative. reserves the right to place a “non-payment” page on your domain. Furthermore, the DNS of your domain will remain unchanged until full payment for the outstanding balance on your account has been received.
    1. Please note that admin fees apply in the event that your account is suspended due to non-payments.
    1. If the preferred method of payment used by you is EFT, it will be your sole responsibility to ensure your payments are made using the correct beneficiary reference as indicated on all invoicing. Failure to comply may result in an incorrect allocation of your payment which may cause service disruption as a result of the account being suspended due to non-payment.

Domain Rescue Fees

  1. Should a local domain, i.e. CO.ZA or .ORG.ZA, expire but fall within the stipulated grace period, a “Domain Rescue” fee will be applicable after successfully retaining the domain after the expiration thereof.
  2. Should a local domain, i.e. CO.ZA or .ORG.ZA, expire and fall outside the stipulated grace period, a “Domain Rescue” will also be applicable upon the domain successfully being retained after the expiration thereof.
  3. Should an international domain expire but fall within the stipulated grace period, a “Domain Rescue” fee will apply if the domain is retained after the expiration thereof. In cases where we are charged over and above the prescribed minimum fee by the Registrar, these fees will be carried over to the customer.
  4. Should an international domain expire but fall outside of the stipulated grace period, a “Domain Rescue” fee will also apply if the domain is retained after the expiration thereof. In cases where we are charged over and above the prescribed minimum fee by the Registrar, these fees will be carried over to the customer.

Payment Methods and Fees

  1. AM Creative. accepts the following payment methods. Debit Order, Credit Card (MasterCard, VISA and AMEX.), EFT and Instant EFT. We recommend that you make payment via Credit Card or Debit Order. This way you stand less chance of forgetting to make your monthly payments. AM Creative. Debit orders are run on working days.
    1. A processing fee (incl. VAT) is charged on all returned debit orders.
    1. The merchant outlet country at the time of presenting payment options to the cardholder is the Republic of South Africa and the transaction currency is South African Rand (ZAR).

Refunds

  1. AM Creative. will only refund a customer in the event of their account having a credit balance.
    1. AM Creative. will process authorised refunds to customers every Wednesday.

Cancellations

  1. Cancellations must be done using AM Creative.’s Customer Zone.
    1. Note that by default we operate on an end-of-term basis and, should you cancel a service, the service will be terminated at the end of your current billing period.
    1. Domains are eligible to automatically renew for an extra one-year term upon expiry. Renewal notifications will be sent out prior to the renewal, and cancellations may be done before the renewal date.

Downgrades

Definition: “A downgrade occurs when changing your current package to a package with a lower cost.”
Example: Changing from a Linux Large account at R199 to a Linux Medium account at R79 would be considered a downgrade.

  1. Downgrades must be done using AM Creative.’s Customer Zone.
    1. We require notification of downgrades on or before the 20th of each month, in order for the downgrade to take effect from the first day of the next month. If you do not provide this notice, you will be charged rate for the existing package in the following month

DISPUTE RESOLUTION

General Dispute Resolution

  1. The parties shall attempt to resolve all disputes arising out of this Agreement in the spirit of cooperation and with a problem-solving mind set, without formal proceedings and in agreement with the various dispute resolution procedures provided.
    1. In the event of the dispute not being resolved, please follow the general complaint procedure as stipulated by ICASA for all complaints accept Billing disputes.
      You are required to direct a general complaint to support@artmedia.co.za. The complaint is required to be accompanied by the following;
      1. Your full particulars and contact details;
      1. Your relationship with AM Creative. and any customer reference which may be applicable;
      1. A statement of the reason or reasons for the complaint with enough detail to allow us to assess these; and
      1. Any relevant evidence or documentation you wish to submit in support of your complaint.
      1. Under the ICASA Code of Conduct Regulations AM Creative. is required to:
      1. Acknowledge receipt of your complaint within 3 Business Days; and
      1. Determine an outcome for the complaint and communicate this to you within 14 Business Days.

Referral of Complaints to ICASA

  1. If you are not happy with the outcome of the Complaint, you have the right to escalate it to ICASA. If ICASA are not able to resolve the matter it may be referred to the ICASA Complaints and Compliance Committee for adjudication.
    1. Please note that under the ICASA Code of Conduct Regulations 2008 you must give us an opportunity to resolve the matter within the 14-day period before you have the right to escalate your complaint to ICASA.
    1. ICASA can be contacted in the following ways:
      1. telephone (011) 566 3000,
      1. fax (011) 444 1919 or
      1. email: consumer@icasa.org.za
    1. 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.

BILLING DISPUTE RESOLUTION

Purpose of this Procedure

  1. This Procedure sets out the obligations of AM Creative. and the Customer in resolving a Billing Dispute, including the manner in which Billing Disputes should be lodged and how it will be handled thereafter.
    1. AM Creative.’s Billing Dispute Handling Procedure is intended to service both the Customer and AM Creative.’s interests by setting out clear rules and procedures to be used where Billing Disputes Occur.
    1. Definitions
      1. “Billing Dispute” means an instance where a Customer states in good faith that their bill contains incorrect charges, payments or adjustments.
      1. “Billing Dispute Notice” means a notice submitted by the Customer in terms of this Procedure.
      1. “Billing Disputes Procedure” and “this Procedure” mean this Billing Dispute Procedure for the initiation and resolution of Billing Disputes.
      1. “Billing Enquiry” means the situation where the Customer seeks information or clarification relating to an Invoice including, without limitation, seeking clarification of charges or sources of usage. For the avoidance of doubt, this is not a Billing Dispute.
      1. “Business Day” means any day other than a Saturday or Sunday or a public holiday observed as such in the Republic of South Africa;
      1. “Complaint” means an expression of dissatisfaction or grievance made by a Customer, but does not include a request for information. A Complaint is not a Billing Dispute.

General

  1. Any charge recorded on an Invoice (the subject of a Billing Dispute) which is not submitted in accordance with this Procedure is payable in full to AM Creative. by the Due Date of the Invoice.
    1. For the avoidance of doubt the parties acknowledge and agree that:
      1. An amount that is not in dispute (“Undisputed Amount”) cannot be withheld for any reason (including, without limitation, when that amount is on an invoice together with a Disputed Amount).
      1. Only Billing Disputes can trigger the Billing Dispute Handling Procedure (and the potential right to withhold payment of Disputed Amounts from AM Creative. as set out below).
      1. Billing Enquiries and Complaints are not Billing Disputes and do not trigger the Billing Dispute Procedure. Billing Enquiries should be directed to billing@artmedia.co.za – while Complaints are dealt with under the AM Creative. Complaints Handling Procedure.
    1. Please note that AM Creative. will not entertain any Billing Dispute based on unauthorised use of the services or on unauthorised use of the services by a third party, it being your responsibility to safeguard access to the services which you receive and to use them in the manner set out in the terms and conditions applicable thereto.

Customer’s Obligations to first use this Procedure

  1. As a current or prior Customer of 1 grid, you agree to allow 1 grid to attempt settlement of any Billing Dispute for 14 Business Days before raising a dispute with any third party, credit card company or bank. 1 grid requires and you agree that it be the first option in Billing Disputes. Should 1 grid receive a chargeback or other reversed charge from a third party, Credit Card Company or bank on your behalf before 1 grid has been given a chance to resolve the issue, 1 grid has the right to collect on the rendered services and any fees associated with those disputes.
    1. Not all Billing Disputes may be settled to a customer’s satisfaction. Once this Procedure has been exhausted, a Customer may use any third party, Credit Card Company or bank in an attempt to settle the dispute. However, AM Creative. still retains the right to collect on any rendered services or fees that are due. Should AM Creative. be unable to reverse any disputed amounts with a third party, Credit Card Company or bank, AM Creative. will submit the full delinquent amount for Collections.

Time period within which Billing Disputes can be initiated

  1. A Billing Dispute Notice may be lodged in the required manner until the passing of 60 days from the date of the relevant invoice.

Circumstances under which payment of a Disputed Amount may be withheld

  1. You may only withhold payment of a Disputed Amount where AM Creative. receives a valid Billing Dispute Notice relating to such Disputed Amount at least 5 Business Days prior to the Due Date indicated on the relevant invoice.

Billing Dispute Notice

  1. A Billing Dispute can only be validly initiated through the submission of a valid Billing Dispute Notice using the Customer Zone.
    1. Invoice number and date;
    1. The amount in dispute (“the Disputed Amount”);
    1. The amount not in dispute (“the Undisputed Amount”);
    1. The full details of the dispute; and
    1. Any relevant evidence or documentation you want to submit to support your complaint.

Response to Billing Dispute Notice

  1. Under the ICASA Code of Conduct Regulations AM Creative. is required to acknowledge receipt of your complaint within 3 Business Days.
    1. AM Creative. shall provide a response to the Billing Dispute Notice within 14 Business Days, which response shall take one of the following forms:
      1. A rejection of the Billing Dispute Notice on the basis that:
      1. The Billing Dispute Notice was not received by AM Creative. within 60 days from the date of the relevant invoice;
      1. The Billing Dispute Notice does not contain all of the information set out in clause 11 of this Billing Dispute Procedure or was not submitted in accordance with section 10.
      1. The Customer has not made payment in accordance with (and does not have A right to withhold payment) in terms of sections 61, 62.1 and 67 of this Procedure;
      1. AM Creative. has confirmation from the Customer that the dispute which is the subject of the Billing Dispute Notice has been resolved;
      1. The Customer is disputing the charges on the basis that the Customer did not authorise the particular use of the services by another person; or
      1. AM Creative. reasonably believes that the Customer does not have a bona fide dispute in relation to the charges.
      1. A request for information or documentation from the Customer lodging the Billing Dispute Notice which is reasonably required to assist AM Creative. in making a determination in the matter. The Customer shall provide such information or documentation as soon as possible and the running of the 14 Business Day period referred to below shall be suspended until such time as it has been received by AM Creative.
      1. A determination of the Billing Dispute and the reasons for such determination.

Referral to Senior Managemen

  1. If you are not satisfied with AM Creative.’s response under section 84 of the Billing Dispute Procedure then you must notify (“SM Request”) AM Creative. within 3 Business Days of receiving AM Creative.’s response that you want the matter referred to Senior Management (“SM”). Subject to you complying with this clause 72 of the Billing Dispute Procedure, both parties agree:
    1. To ensure that SM meet to resolve the dispute within 7 Business Days of AM Creative. receiving the SM Request but in any event not later than 14 Business Days after the lodging of the Billing Dispute Notice.
    1. Any decision of SM will be final and binding on both parties.
    1. Both parties acknowledge and agree that if AM Creative. does not receive a Notification from you in accordance with this clause 72 then the Billing Dispute will be deemed to have been resolved in accordance with the response provided under section 72 and AM Creative. will have no further obligations in relation to the Billing Dispute.

Resolution, Agreement or Determination

  1. If stipulated under AM Creative.’s response under section 84 or where SM agree on a resolution or reach a decision under section 85 that you must make payment of a Disputed Amount, you must within 5 Business Days of the date of the determination pay the Disputed Amount.
    1. If stipulated under AM Creative.’s response under section 85 or where SM agree on a resolution or reach a decision under section 85 that AM Creative. must withdraw the disputed charge or refund a disputed charge previously paid, AM Creative. must as soon as practicable:
      1. If stipulated under AM Creative.’s response under section 84 or where SM agree on a resolution or reach a decision under section 85 that AM Creative. must withdraw the disputed charge or refund a disputed charge previously paid, AM Creative. must as soon as practicable:
      1. Credit any Disputed Amount already paid by you.
    1. Where a resolution or determination is made in accordance with clauses 74.1 or 74.2 then, subject to either party meeting the payment obligations specified in such resolution or determination, the Billing Dispute will be deemed to be resolved and AM Creative. will have no further obligations in relation to the Billing Dispute.

Effect of this Procedure on continued service provision

  1. AM Creative. will not disconnect a service provided to you which is the subject of a Billing Dispute or take adverse collection procedures or impose late payment penalties or charges while attempting to resolve a Billing Dispute lodged in terms of this Procedure and until such time as AM Creative. has reached a determination and communicated this to you.
    1. We reserve the right, however, to take such measures immediately:
      1. Where a determination of the Billing Dispute has been made and communicated to you; or
      1. Where you have indicated that you are unable to pay your invoice or bill or have filed or are the subject of any application to court for sequestration or liquidation or otherwise seek to reach a formal arrangement with your creditors.
      1. Subject only to the above, the rights and obligations of each party under the Billing Dispute Procedure continue pending resolution of a Billing Dispute invoked under this Billing Dispute Procedure. For the avoidance of doubt this includes that AM Creative. shall continue to have the right to terminate or suspend the service in accordance with AM Creative.’s rights under the Agreement that you have with AM Creative.
    1. Subject only to the above, the rights and obligations of each party under the Billing Dispute Procedure continue pending resolution of a Billing Dispute invoked under this Billing Dispute Procedure. For the avoidance of doubt this includes that AM Creative. shall continue to have the right to terminate or suspend the service in accordance with AM Creative.’s rights under the Agreement that you have with AM Creative.

Confidentiality

  1. Neither party shall use any information obtained from the other party during the course of any process invoked under this Procedure for any purpose other than the resolution of the particular Billing Dispute.

Overage Disputes

  1. Should you wish to dispute an overage charge, you may do so by following the Billing Dispute Procedure and requesting an overage investigation.
    1. Should, however, the overages be accurate (within a 5% margin) a once-off charge of R150.00 per domain/server will be applied to your account.

Request for Reconciliation or Historical Information/Reporting

  1. Should you want a reconciliation done on your account, you may request one by following the Billing Dispute Procedure.
    1. However, should the reconciliation prove the account to be accurate (within a 5% margin), a once-off charge of R150.00 per reconciliation will be applied to your account. Should you request historical information that is made available to you on a monthly basis via the Customer Zone, your Hosting control panel or any of the management interfaces provided to you, a once off administration charge of R150.00 per request will be applied to your account.

Referral of Billing Disputes to ICASA

  1. If you are unhappy with the outcome of the complaint, you have the right to escalate it to ICASA. If ICASA cannot resolve the matter, it may be referred to the ICASA Complaints and Compliance Committee for adjudication.
    1. ICASA can be contacted in the following ways:
      1. telephone (011) 566 3000,
      1. fax (011) 444 1919 or
      1. email: consumer@icasa.org.za.

Use of Account Holder information for promotional purposes

  1. AM Creative. may include your name and contact information in directories of AM Creative.’s service subscribers for the purpose of promoting the use of the services by potential customers. However, AM Creative. is not authorised to print your name, trademarks or other identifying personal information in any other advertising or promotional materials without your prior written consent.

Use of Website

Terms and Conditions for Use of Website

  1. Use of this website, strictly at the sole risk of the user, constitutes acceptance of these Terms and Conditions which, thereafter, constitute a binding agreement (“the/ this Agreement”) between AM Creative. and the user.
    1. AM Creative. may, at its discretion, amend these Terms and Conditions from time to time, at which time these will be brought to the attention of users and immediately become binding on such users where they continue to use the website after such alterations have been brought to their attention.

Amendments to Content and Information

  1. The website owner expressly reserves the right, in its sole discretion, to amend or alter the content and information, including pricing and rates, set out in this website.
    1. Users acknowledge that it is their responsibility to familiarise themselves with any amendment or alteration made.

Owner Information & Required Disclosures under Section 43 of the ECT Act

Website owner: AM Creative.
Registered Number: N/A
VAT Number: N/A
Directors: ML De Villiers
Phone: 0628660629
E-mail: michelle@artmedia.co.za
Web site: www.1-grid.com

Registered Address:
171 Lakeview, krugersdorp

No Offer

  1. Users should regard nothing contained in this website as an offer, but rather as an invitation to do business.

Disclaimers

  1. THIS ENTIRE WEBSITE, INCLUDING TEXT, IMAGES, LINKS, DOWNLOADS AND CODING, IS PROVIDED “AS IS” AND “AS AVAILABLE”. AM Creative. MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES AS TO THE CORRECTNESS OR SUITABILITY OF EITHER THE WEBSITE OR THE INFORMATION CONTAINED IN IT.
  2. Subject to Chapter 7 of the ECT Act, AM Creative., its officers, employees, suppliers, resellers, partners, affiliates and agents, shall not be liable for any damage, loss or liability, howsoever arising, incurred by users or any other persons and resulting from the use or inability to use this website.
  3. Subject to Chapter 7 of the ECT Act and to the fullest extent possible under the applicable law, AM Creative. disclaims all responsibility or liability for any damages, including but not limited to, direct, economic, loss of profits or consequential loss, resulting from the use of this site in any manner by any user.
  4. AM Creative. has no control over third party content and features which may be accessed through the use of this website and does not examine or alter such content and features or act as an agent for third parties accessible through this website. As such and to the fullest possible extent permissible under law, the website owner disclaims any liability whatsoever for any loss or damage arising from the use of third party websites, contents and features.

Website Design

Website Design Terms and Conditions

With the exception of any third-party materials and background technology, the Customer is deemed the owner of the Custom Website and Customer Content designed by AM Creative. “Customer Content” refers to all content or information (including, but not limited to, any text, music, sound, photographs, video, graphics, data, or software), in any medium, provided by the Customer to AM Creative., “Third-Party Materials” refers to any content, software, or other computer programming material that is owned by an entity other than AM Creative., and licensed by AM Creative. or generally available to the public, including the Customer, under published licensing terms, and that AM Creative. will use in the development of or to display or run a Custom Website. This excludes, without limitation any content, graphic, video, music, sound manipulation to images or video supplied by the Customer to AM Creative.

The graphics utilised from the graphics library of AM Creative. (if requested) are licensed from third-party suppliers OR obtained on a free-to-use basis. AM Creative. will provide the Customer a limited, personal, nonexclusive, nontransferable license to use the graphics during the term of this Agreement. Upon written request, AM Creative. will deliver the Customer’s source files and database script, if applicable, at a predetermined price, indicated upon request from the Customer, for the source code. The Customer will be required to remit full payment of the fees prior to AM Creative. providing the information via a method agreed upon between AM Creative. and the Customer. Further, AM Creative. will bill pro-rata from the time of signup.

AM Creative. reserves the right to refuse any material that it considers offensive.

Definitions:

Review

Is considered to be entered upon first presentation of the website design to the customer. The Review stage lasts 5 days at which point after the status of the website will then switch to Deployment. The automatic update of the review status will take place if AM Creative. does not hear back from the customer regarding any amendments or changes that the customer wishes to effect. Should we receive communication during this timeframe, AM Creative. will execute the changes and then present the customer with the modifications at which point the status of the Website will then move into a Deployment status. The customer will be able to make as many changes as they see fit during this 5-day period.

Deployment

Is considered to be a final status and commences after the Review stage. The customer accepts that with no communication from them to AM Creative. during a review process (5 days after the first presentation), AM Creative. will accept the customer’s silence as assent to deploy their website.

Website Design Terms and Conditions

With the exception of any third-party materials and background technology, the Customer is deemed the owner of the Custom Website and Customer Content designed by @artmedia.co.za . “Customer Content” refers to all content or information (including, but not limited to, any text, music, sound, photographs, video, graphics, data, or software), in any medium, provided by the Customer to @artmedia.co.za ., “Third-Party Materials” refers to any content, software, or other computer programming material that is owned by an entity other than @artmedia.co.za ., and licensed by @artmedia.co.za . or generally available to the public, including the Customer, under published licensing terms, and that @artmedia.co.za . will use in the development of or to display or run a Custom Website. This excludes, without limitation any content, graphic, video, music, sound manipulation to images or video supplied by the Customer to @artmedia.co.za .

The graphics utilised from the graphics library of @artmedia.co.za . (if requested) are licensed from third-party suppliers OR obtained on a free-to-use basis. @artmedia.co.za . will provide the Customer a limited, personal, nonexclusive, nontransferable license to use the graphics during the term of this Agreement. Upon written request, @artmedia.co.za . will deliver the Customer’s source files and database script, if applicable, at a predetermined price, indicated upon request from the Customer, for the source code. The Customer will be required to remit full payment of the fees prior to @artmedia.co.za . providing the information via a method agreed upon between @artmedia.co.za . and the Customer. Further, @artmedia.co.za . will bill pro-rata from the time of signup.

@artmedia.co.za . reserves the right to refuse any material that it considers offensive.

Definitions:

Review

Is considered to be entered upon first presentation of the website design to the customer. The Review stage lasts 5 days at which point after the status of the website will then switch to Deployment. The automatic update of the review status will take place if @artmedia.co.za . does not hear back from the customer regarding any amendments or changes that the customer wishes to effect. Should we receive communication during this timeframe, @artmedia.co.za . will execute the changes and then present the customer with the modifications at which point the status of the Website will then move into a Deployment status. Please be aware that you will only be permitted to request one set of changes after you have received the first draft of your website, unless the update is due to a fault of ours. Any further changes will need to be addressed during your monthly update requests.

Deployment

Is considered to be a final status and commences after the Review stage. The customer accepts that with no communication from them to @artmedia.co.za . during a review process (5 days after the first presentation), @artmedia.co.za . will accept the customer’s silence as assent to deploy their website.

Free Domain Promotions

Free Domain – this applies to only .co.za & .com domain registrations free for the first year, thereafter renewal fees has to be paid.

Terms & Conditions – Design & Branding

The following Terms and Conditions of Service apply to all products and services provided by Glazier Publicity & Design Ltd (hereinafter referred to as Glazier Design) and in the event of any dispute are governed by the laws of England.

All work is carried out by AM Creativeon the understanding that the client has agreed to our terms and conditions.

Copyright is retained by AM Creativeon all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.

If a choice of designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of Glazier Design, unless specifically agreed in writing.

Project Acceptance

At the time of proposal, AM Creativewill provide the customer with a written estimate or quotation by email. These Terms and Conditions can be read at any time on the AM Creativewebsite.

A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Glazier Design.

Alternatively, the client may send an official purchase order in reply to the estimate or quotation which binds the client to accept our terms and conditions, or an email acknowledging acceptance of the quotation.

For the avoidance of doubt, the AM CreativeTerms & Conditions are what govern the job, not any conditions on the customer’s purchase order.

Design Charges

Charges for design services to be provided by AM Creativewill be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable payment of 50% of the quoted fee will become immediately due.

Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work commences or is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.

Source Files

We will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request.

Charges for design work do not cover the release of our copyright design source files, including but not restricted to indd, psd, AI, png, fla or other source files or raw code; if the Client requires these files for transfer to an in-house or other designer, they will be subject to a separate quotation or ‘buy-out’ charge.

Charges for Other Services

Charges for any additional services requested during the project that are over and above the estimated time or out of scope, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.

Payment

The customer will be provided with an Approval Form or Proof Email, and an Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and return the Approval Form or signify approval by email to Glazier Design.

Any invoice queries must be submitted by email within 14 days of the invoice date.

Accounts which remain outstanding for 30 days after the date of invoice, will incur late payment interest charge at the Bank of England Base Rate plus 8% on the outstanding amount from the date due until the date of payment.

Payments may be made by online transfer, credit card (Visa, Mastercard) or Debit Card.

Payments made by cheque must be previously agreed and may be subject to an administration charge. Cheques should not be sent in regular mail unless sent recorded delivery.

Publication and/or release of work done by AM Creativeon behalf of the client, may not take place before cleared funds have been received.

Returned cheques will incur an additional fee of £50 per returned cheque. AM Creativereserves the right to consider an account to be in default in the event of a returned cheque.

Default

An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. AM Creativeshall be entitled to remove AM Creative‘s and/or the customer’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.

Removal of such materials does not relieve the customer of its obligation to pay the due amount.

Customers whose accounts become default agree to pay all AM Creative‘s reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and Conditions.

Copyrights and Trademarks

By supplying text, images and other data to AM Creativefor inclusion in the customer’s website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.

Any artwork, images, or text supplied and/or designed by AM Creativeon behalf of the customer, will remain the property of AM Creativeand/or its suppliers unless otherwise agreed in writing. A licence for use of the copyright material is granted to the customer solely for the project defined in the scope or request and not for any other purpose.

The customer may request in writing from Glazier Design, the necessary permission to use materials (for which AM Creativeholds the copyright) in forms other than for which it was originally supplied, and AM Creativemay, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.

Any software, code, plugin or other third party material used in a web or digital project remains the property of the creator and any ongoing licence fees or fees for upgrades are the responsibility of the client, not Glazier Design.

By supplying images, text, or any other data to Glazier Design, the customer grants AM Creativepermission to use this material freely in the pursuit of the design.

Should Glazier Design, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow AM Creativeto remove and/or replace the file on the site.

The customer agrees to fully indemnify and hold AM Creativefree from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.

Alterations

The customer agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.

The customer also agrees that AM Creativeholds no responsibility for any amendments made by any third party, before or after a design is published.

Licensing

Any design, copywriting, drawing, idea or code created for the customer by Glazier Design, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of AM Creativeand any of its relevant sub-contractors.

All design work – where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use.

AM Creativewill not be held responsible for any and all damages resulting from such claims.

AM Creativeis not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold AM Creativeresponsible for any such loss or damage.

Any claim against AM Creativeshall be limited to the relevant fee(s) paid by the customer.

Data Formats

The client agrees to Glazier Design’s definition of acceptable means of supplying data to the company.

Text is to be supplied to AM Creativein electronic format as standard text (.txt), MS Word (.docx)  or via e-mail / FTP or shared folder.

Images which are supplied in an electronic format are to be provided in a format as prescribed by AM Creativevia e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and AM Creativewill not be held responsible for any image quality which the client later deems to be unacceptable.

AM Creativecannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.

Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services, colour correction and alteration of images

Design Project Duration

Any indication given by AM Creativeof a design project’s duration is to be considered by the customer to be an estimation. AM Creativecannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by AM Creativefor the initial payment or by date confirmed in writing by Glazier Design.

Rights of Access for Website Construction

The client agrees to allow AM Creativeall necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords.

The customer also agrees to allow AM Creativeaccess to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.

The customer agrees to supply AM Creativewith all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.

Design Project Completion

AM Creativeconsiders the design project complete upon receipt of the customer’s signed Approval form or signoff email. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.

Website design only

AM Creativerequire that a template is approved by the customer before coding of a site commences. Once the template(s) for the web site are approved by the customer, coding will commence; any changes to navigation items, colours, structure or content that require changes to the template will incur an additional charge.

Once web design is complete, AM Creativewill provide the customer with the opportunity to review the resulting work. AM Creativewill make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to AM Creativeby e-mail.
AM CREATIVEwill consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.

Hosting websites

AM Creativeoffers a limited hosting services through an out-sourced virtual server. AM Creativedoes not guarantee continuous service and will accept no liability for loss of service, whatever the cause.

AM Creativemay request that clients change the type of hosting account used if that account is deemed by AM Creativeto be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for hosting on Glazier Design’s virtual server are due at the commencement of any period of service and are non-refundable.

Fees due to third party hosting organisations are the responsibility of the client and AM Creativeare not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer / domain owner.

Domain Registration

AM Creativecannot guarantee the availability of any domain name. Where AM Creativeis to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration.

Search Engine Submission

Due to the infinite number of considerations that search engines use when determining a site’s ranking, AM Creativecannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added. AM Creativerecommend that customers use a professional SEO company and are happy to provide details of such companies, but accept no responsibility for their services.

Design Credits

The customer agrees to allow AM Creativeto place a small credit on printed material exhibition displays, advertisements and/or a link to AM Creativeown website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
The customer also agrees to allow AM Creativeto place websites and other designs, along with a link to the client’s site on Glazier Design’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.

Rights of Refusal

AM Creativewill not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. AM Creativealso reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that AM Creativedoes include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow AM Creativeto remove the contravention without hindrance, or penalty. AM Creativeis to be held in no way responsible for any such data being included.

Cancellation

Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, AM Creativewill need formal notification in writing to the company’s postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by AM Creativewithin 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

Disclaimer

AM Creativemakes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. AM Creativewill not be held responsible for any and all damages resulting from products and/or services it supplies. AM Creativeis not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold AM Creativeresponsible for any such loss or damage. Any claim against AM Creativeshall be limited to the relevant fee(s) paid by the customer.

AM Creativereserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. AM Creativewill not knowingly perform any actions to contravene these and the client also agrees to be so bound.

AM Creativeand its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. AM Creativerecommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.

General

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. AM Creativereserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

Acceptance of Terms and Conditions and Quotation

The placement of an order for design and/or any other services offered by AM Creative, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.artmedia.co.za. An estimate validated by the customer’s signature on the estimate or quotation form, or by email, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and AM Creative.