pg1.network Terms of Service

 

 

These Terms of Service are effective as of: 01 Nov 2018 “Effective Date”

 

 

READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. YOUR CONTINUED USE OF THIS WEBSITE AND OUR SERVICES INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE OR OUR SERVICES IF YOU DO NOT ACCEPT THESE TERMS. ALL SECTIONS OF THESE TERMS ARE APPLICABLE TO ALL USERS UNLESS THE SECTION EXPRESSLY STATES OTHERWISE.

 

Introduction

 

This site www.pg1.network, is made available, and owned by, GSCO (Pty) Ltd (bearing registration 2018/545676/07) (hereinafter referred to as “pg1.network”, “pg1.network Website” “Website”, “we”, “our”, “us”). Any reference to “pg1.network”, “we”, “our”, “us” or “pg1.network”, shall include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and suppliers.

 

These terms, including any document incorporated by reference herein, including, but not limited to the Privacy Policy (collectively, the “Terms”) apply to any person who uses the Services, accesses, refers to, views and/or downloads any information or material made available on the Website for whatever purpose (hereinafter referred to as “User”, “Users”, “you” or “your”)

 

Accessing and/or use of the Website or our Services after the Effective Date will signify that you have read, understand, accept, and agree to be bound, and are bound, by the Terms, in your individual capacity and for and on behalf of any entity (to the extent applicable) for whom you use the Website and/or Services. Further, you represent and warrant that you have the authority to do so and that you are a Competent Person (as defined in the Protection of Personal Information Act, 4 of 2013, as amended).

 

To the extent permitted by applicable law, we may modify the Terms with prospective on notice to you by email which you will be required to accept before continued use of our Website or Services, coupled with a note on these Terms, and any revisions to the Terms will take effect on the date notified to you, unless a later date is otherwise stated in the revised Terms. Your only remedy, should you not agree to these Terms, is to stop your use of this Website and/or the Services.

 

Terminology

 

The following terminology applies to these Terms:

 

Content” refers to the graphic designs, works of art, written content and the like, as uploaded or utilised by a User on the Website or a User’s Website related to the User’s utilisation of the Service;

 

“Party” or “Parties” refers to a User and/or pg1.network, as the context requires;

 

Services” shall refer to a cloud based WordPress-as-a-service website hosting solution for Users as more fully set out in clause 4 below.

 

Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

 

Your Agreement to these Terms

 

Subject to, and on the basis of your acceptance of the Terms, pg1.network grants you a limited, revocable, non-transferable license to access and use the Website and/or the Services in accordance with the various policies and agreements which may govern such use and access.

 

Description of our Services

 

We provide a cloud based WordPress-as-a-service website hosting solution allowing users to select one of the packages lists on the Website at http://www.pg1.network/ from time to time.

 

Once a package is purchased by a User, the User’s own website hosted on the pg1.network infrastructure on a User’s own domain will be permitted to access and utilise certain of the Services in accordance with their chosen package.

 

In consideration for the provision of the Services, pg1.network charges Service Fees as set out in clause 5 below.

 

The Services shall not extend to ensure that a User’s website as hosted on the pg1.network is legally compliant, such as, but not limited to, a website’s terms of service and/or privacy policy.

 

Service Fee

 

pg1.network charges an amount to Users which is dependent upon the Service package chosen, which amount shall be inclusive of any applicable Value Added Tax (“VAT”) (the “Service Fee”). The Services Fees relative to each package are set out on the Website at http://www.pg1.network/.

 

Service Fees shall be effected via payment gateway infrastructure as nominated by pg1.network from time to time provided via an independent third party payment service provider, currently, PayFast. Users are encouraged to consult the PayFast website located at www.payfast.co.za to familiarise themselves with the security protocols and other policies in place and which may apply to any transaction conducted through PayFast.

 

Only Service Fee payments made via PayFast shall be processed. Service Fee payments made via Payfast in a currency other than South African Rand (“Rand”), if accepted by Payfast, shall be converted into Rand at pg1.network’s financial institution’s then-current market rate of exchange.

 

Service Fee payments made from Users located outside of the Republic of South Africa and/or in a currency other than Rand, shall be processed in accordance with PayFast’s policies and procedures, as amended from time to time.

 

User Content

 

Certain areas of this Website may permit Users to submit Content, feedback, information, data, text, software, images, designs, messages, or other materials (each, a “User Submission”). Users are solely responsible for all User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Should such Content not meet the criteria as may be determined by pg1.network in its sole and unfettered discretion from time to time, pg1.network reserves the right to adjust and/or amend the Content so as to conform with its criteria.

 

Further, pg1.network does not guarantee that the subsequent ability to edit or delete any User Submission.

 

In submitting any User Submission, Users make the following representations and warranties:

 

all rights in and to such User Submissions (including, without limitation, all rights to the reproduction and display of such User Submissions) are obtained by such User, or, alternatively, all necessary rights in and to such User Submissions providing the rights in and to such User Submissions as described in these Terms have been obtained; all necessary license fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of User Submissions have been paid prior to your submission of same to the Website.

User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;

 

User Submissions do not violate any law including, but not limited to, those governing export control, consumer protection, unfair competition, or false advertising;

 

User Submissions are not, and may not reasonably be considered to be, defamatory, libellous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;

 

Users have not and will not be compensated or granted any consideration by any third party for submitting a User Submission;

 

User Submissions do not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than a User’s own);

 

User Submissions do not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;

 

User Submissions do not contain any information that may be considered confidential, proprietary, or personal insofar as it relates to a third party;

 

User Submissions do not contain or constitute any unsolicited or unauthorised advertising, promotional materials unless exclusively comprised of the Content, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

 

By submitting a User Submission, Users grant pg1.network an irrevocable, perpetual, transferable, non-exclusive, fully paid, worldwide, royalty free license (sub-licensable through multiple tiers) to:

 

use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed; use User Submissions in any manner and for any purpose (including, without limitation, commercial purposes) that pg1.network, in its sole, absolute and unfettered discretion, deem appropriate, including, without limitation, the incorporation of a User Submission or any modification thereto, in whole or in part, into any technology, product, or service;

 

pg1.network may, but is not obligated to, pre-screen User Submissions or monitor any area of the Website or in relation to our Services through which User Submissions may be submitted;

 

We are not responsible for any loss, theft, or damage of any kind to any User Submissions.

 

Further, Users agree that pg1.network may freely disclose any User Submissions to any third party absent of any obligation of confidence on the part of the recipient.

 

Refund Policy

 

Refunds will only be permitted in the sole, unfettered and absolute discretion of pg1.network, and only in limited circumstances, at the discretion of pg1.network.

 

Refund requests can be initiated by sending an email to [email protected] Included in such email should be an explanation of why a refund ought to be granted by pg1.network.

 

Any refunds agreed to by pg1.network shall be in the form of vouchers to the user’s credit redeemable only on the pg1.network Website.

 

Disclaimer

 

PG1.NETWORK MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS WEBSITE, THE SERVICES, ANY OTHER USERS OF THE SITE, INCLUDING BUT NOT LIMITED TO PARTNERS, OR THIRD PARTIES, OR ANY MATERIALS ON THE WEBSITE RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE.

 

UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE, MATERIALS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT WARRANT THE TIMELINESS, WORKMANSHIP, OR COMPLETION OF ANY PROJECT. WE DO NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER AS A RESULT OF YOU ACCESSING OR USING THIS WEBSITE.

 

Without limiting the generality of the foregoing, pg1.network makes no warranty that this Website will meet a User’s requirements, or that this Website or the Service will be uninterrupted, timely, secure, error free or that defects in this Website will be corrected.

 

We make no warranty as to the results that may be obtained from the use of this Website or the Services or as to the accuracy or reliability of any information obtained through this Website or our Services. No advice or information, whether oral or written, obtained by a User through this Website or from pg1.network or its third party service providers shall create any warranty enforceable as against pg1.network.

 

To the maximum extent permissible by applicable laws, pg1.network denounces any fiduciary responsibilities to any Users of the Website or the Services.

 

Unauthorised Use of This Website and Services

 

You are specifically not permitted to use this Website or our Services in any of the following ways (which list should not be deemed to be exhaustive of pg1.network’s rights in this regard):

 

In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of this Website unless as authorised by the appropriate Service package chosen by the User;

 

To stalk, harass, or harm another individual;

 

To impersonate any person or entity or otherwise misrepresent the true state of affairs;

 

To interfere with or disrupt this Website, the Services, or servers or networks connected to this Website or the Services;

 

To use any data mining, robots, or similar data gathering or extraction methods in connection with this Website; or

 

Attempt to gain access to any portion of this Website, to which you are not ordinarily permitted, or any other accounts, computer systems, or networks connected to this Website or associated with the Services, whether through hacking, password mining, or any other means.

 

Copyrights

 

pg1.network and the contents of the Website are the property of pg1.network, apart from the Content, and are protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on pg1.network and/or the Services, apart from the Content, is our exclusive property, unless credit is attributed to the author thereof, and is, likewise, protected by South African and international copyright laws.

 

Except as stated in the Terms, none of the contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without the prior written permission of pg1.network or the copyright owner, and further, should such consent be provided, pg1.network reserves its right to withdraw such consent at any stage, in its sole and absolute discretion.

 

You are expressly prohibited to “mirror” any content, contained on the Website unless as otherwise permitted in terms of the Services, on any other server unless with the prior written permission of pg1.network, and further, should such consent be provided, pg1.network reserves its right to withdraw such consent at any stage, in its sole and absolute discretion.

 

We do not permit copyright infringing activities and infringement of intellectual property rights on pg1.network, and we may, at our sole discretion, remove any infringing content if we are of the view that such content infringes on another’s intellectual property rights or our own.

 

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Website, so long as the link does not portray pg1.network, its affiliates, or its products or Services in a false, misleading, derogatory, or otherwise offensive manner. You may not use pg1.network’s logo or other proprietary graphic or trademark as part of the link without the express permission of pg1.network, its affiliates or content suppliers.

 

All trademarks and copyrights, as also any other intellectual property rights, in and to any of the content of the Website are the exclusive property of pg1.network.

 

Assignment

 

You may not assign your rights and/or obligations under these Terms to any other party without our prior written consent. pg1.network may assign our rights and/or obligations under these Terms to any other party at our discretion and without any prior notice to you.

 

Export Control Laws

 

You understand and agree that the software, Services and User data may be subject to import and export control laws and regulations of the Republic of South Africa or the country in which you are situated. You undertake to adhere to all applicable laws and regulations and agree not to, without prior authorisation from the government of the Republic of South Africa or of such other country which is applicable, directly and/or indirectly export, re-export and/or transfer the software and Services to any other country in contravention of such laws and regulations.

 

Force Majeure

 

Without limiting the foregoing, no Party to these Terms shall be held liable for any failure to perform in terms of these Terms if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, telephone service or internet connectivity, server failure, or technological failure. Neither you, nor pg1.network, are entitled to terminate these Terms in such circumstances. Any Party affected by such event shall forthwith inform the other Party of same, and shall use all reasonable endeavours to comply with the Terms.

 

General

 

To the extent permitted by law, these Terms, and the provision of our Services, shall be governed by and construed in accordance with South African law, and any dispute arising out of these Terms and/or our Services shall be submitted to the competent South African courts having the requisite jurisdiction to hear the matter.

 

To the extent necessary and/or possible, you consent to the exclusive jurisdiction of the South Gauteng High Court or an alternative appropriate South African court seized with appropriate jurisdiction in all disputes arising out of the Terms, this Privacy Policy, our Services, and/or related agreements incorporated by reference.

 

Severance

 

If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these Terms and the remaining terms will continue to apply. Failure by pg1.network to enforce any of the provisions set out in these Terms and/or any other agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms or of any agreement or any part thereof, or the right thereafter to enforce each and every provision.

 

Domicilium Citandi Et Executandi and Contact Information

 

The Parties choose as their respective domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary of these Terms, the following:

 

pg1.network: Corner Cedar Rd & Fourways Blvd Fourways, Johannesburg, Gauteng, South Africa, 2191. Email: [email protected];

 

User: The addresses as provided on registration and purchase of the Services.

 

A Party may change its domicilium to any other physical address or email address by written notice to the other party to that effect. Such change of address will be effective 7 (Seven) days after receipt of notice of change of domicilium.

 

All notices to be given in terms of these Terms will:

 

be given in writing;

 

be delivered or sent by email; and

 

be presumed to have been received on the date of delivery.

 

Notwithstanding the above, any notice actually received by the Party to whom notice is addressed will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with the provisions of this clause.