Who shall herein be jointly referred to as “the Parties” and who hereby further agree as follows:

Appointment of the Service Provider
The Client acknowledges and agrees THAT:
1.1 He/she/it hereby appoints the Service Provider, with a limited mandate, and the necessary further authorisation, to provide the Services to which this Agreement relates.
1.2 This Agreement and the related appointment of the Service Provider will terminate upon the fulfilment and/or completion of the mandate in respect of which the Service Provider is appointed.
1.3 For the purposes of the Electronic Communications and Transaction Act, 2002 (as amended), and subject to any relevant or related law, this appointment is conducted by way of a data message, and the Client explicitly agrees that all aspects of the Service Provider’s appointment fulfils the necessary provisions of law for the creation of a legally binding agreement.
1.4 Unless the context otherwise indicates, this Agreement is concluded electronically, and the Client accordingly accepts the terms and conditions of this Agreement (and the consequent appointment of the Service Provider) in the absence of a written document. The Client further waivers and agrees to forego any right or requirement that this Agreement must be produced and/or signed in hard copy.
1.5 The completion of the appointment process via the Service Provider’s website shall be sufficient evidence of the Agreement lawfully coming into operation, and the Client accepts liability towards the Service Provider for any fees due and payable to the Service Provider emanating from its appointment by the Client.
The Services:
2.1 In terms of the above appointment/ mandate, the Client appoints the Service Provider to provide the Services (described below), which appointment the Service Provider accepts.
2.2 The Services shall mean services, consisting of either/or:-
2.2.1 Domain registration
2.2.2 Hosting registration
2.2.3 Webpage design or revamp
2.2.4 Social Media Marketing
Limitations to the Services:
3.1 The Parties agree that the Service Provider is engaged on a limited mandate, or project basis, as may be determined in accordance with this Agreement.
3.2 Any appointment effected in terms of this Agreement shall be for a limited duration or purpose. Such limited duration or purpose will be determined according to the Scope of Services derived from the Client’s specific issue or instruction.
3.3 For the purposes of deriving the Client’s instruction/s, the Service Provider may assess the Client’s requirements verbally, telephonically or in writing in order to determine the exact Scope of Services falling under this Agreement. To this extent, the Parties specifically agree THAT:-
3.3.1 Prior to the performance of the Services, the Service Provider will submit, either verbally or in writing, a summary of the proposed Scope of Services to be performed for the Client.
3.3.2 Unless the Client specifically excepts to the performance of any one or more components of the Services, the Parties agree that those Services proposed or recommended by the Service Provider shall form part of the Scope of Services underpinning this Agreement.
3.3.3 As evidence of the issue/s or need/s assessed by the Service Provider, and/or as evidence of the Services actually provided to the Client, the Service Provider shall complete and submit to the Client a job card and/or time sheet outlining either (or both) the nature of services rendered and/or the total time spent in the performance of the Services.
3.3.4 The Client accepts and agrees to the job card and/or time sheets, to be generated by the Service Provider, serving as accurate proof of the Services Rendered.
3.4 It is explicitly recorded and agreed that the Service Provider does not guarantee the outcome of the Services rendered, and that all service fees accumulated by the Service Provider under this Agreement are based on actual time spent at a prescribed rate in service of the Client.
3.5 Further to the above Clause 3.4, the Parties agree that the Client shall be liable to pay the fees of the Service Provider, even in the event of the outcome of the Services being unsuccessful. The Client acknowledges and agrees that and hardware or software faults which cannot be remedied by the Service Provider shall not invalidate the Service Provider’s right to claim it fees for services rendered.
Service Fees and billing:
4.1 The Parties agree that the Service provider shall provide the Services at a prescribed rate of:
4.1.1 Hourly rate of R550.00 for anything not agreed upon or mentioned in the estimates.
4.1.2 Domain Registration/Renewal, Yearly – (co.za) R99.00 per “co.za” domain.
4.1.3 Domain Registration/Renewal , Yearly – (com) R199.00 per “com” domain..
4.1.4 Domain Registration/Renewal , Yearly – (Other domains) Please Inquire.
4.1.5 Domain Hosting Per domainl, Monthly R99.00 per month on basic package.
4.1.6 Domain expired, reactivation, redemption penalty from R297.00 per domain.
4.1.7 Professional Service Fee applicable to restore website files and SQL database.
4.1.8 These prices can be changed at any time.
4.2 The fees for services rendered (herein referred to as “the Service Fees”) will be based on a job card and/or time sheet generated by the Service Provider in alignment with its prescribed hourly rate. The Service Provider shall generate an invoice to the Client, based on the job card and/or time sheet submitted to the Client.
4.3 Any invoice submitted to the Client must be settled in full within 5 (five) business days of the Services being performed, domain will be blocked if payment is not received within 14 days and re-connection fee of R150.00 per domain will be applicable, unless an agreement to the contrary is made between the Parties in writing. Please note hosting will be cancelled and all website files and emails will be removed if payment is not received within 30 days. Domain will only be released if full outstanding payment has been received.
4.4 The Service Provider reserves its rights to charge penalty interest at a rate of 2% per month on any monies owing by the Client for the Services rendered which are outstanding for 30 (thirty) calendar days or more.
4.5 The Service Provider reserves its rights to restrict access to webpage and/or emails access for the Client if monies owed to the Service Provider do not reflect in the Service Provider bank account by the close of business on the due date or in conjunction to clause unless an agreement to the contrary is made between the Parties in signed writing.
4.6 Cancellation requires 30 day notice and should be emailed to cancellations@impaxivehosting.co.za, cancellation will only be processed if all invoices are paid up to date.
Agreement:
This Agreement shall consist of:
5.1 The principal agreement, as completed and acknowledged by the Client via the Service Provider’s website; AND
.2 Any job card or time sheet generated by the Service Provider on account of its appointment or mandate under this Agreement; AND
5.3 All invoices generated in respect of the Services rendered under this Agreement;
Undertaking to pay:
The Client hereby agrees and undertakes to pay the Service Fees of the Service Provider, calculated and accruing in terms of this Agreement, upon receiving a duly issued invoice from the Service Provider.
Enforcement:
7.1 The Parties agree to the jurisdiction of the Randburg Magistrates Court for the purposes of any disputes arising out of this agreement.
7.2 The Client agrees that the Service Provider may levy further collection fees, legal costs and related charges to the Client’s account in the event of there being monies due and outstanding to the Service Provider for services rendered.
Variation, cession/ assignment and deviations from Agreement:
8.1 This agreement may not be altered or varied between the Parties, unless such variation is brought about between the Parties in writing;
8.2 The Client shall not cede, assign or transfer its rights and obligations held in terms of this agreement, unless agreed to by the Service Provider in writing.
8.3 Any deviation from the terms and conditions of this Agreement shall not be construed as a waiver of rights or an endorsement in favor of this Client on the part of the Service Provider. The Service Provider reserves it rights to claim strict performance with the terms and conditions of this Agreement in the event that any deviation from these terms and conditions has occurred.
Service brief from client:
For the purposes of this Agreement, the Client records its service requirement as follows:
9.1 Please send us a description about your requirements to info@impaxivehosting.co.za.
9.2 Signed SLA (Service Level Agreement) should be received before commencement of any work.
9.3 Disc usage report will be monitored on monthly basis, additional MB’s above chosen hosting package will be invoiced separately at an additional charge of R0.50 per MB.