Terms of Service

Pandasam Close Corporation
Reg No: 2002/033288/23 email: info@pandasam.co.za

INTRODUCTION

”Pandasam cc” offers "The Service" to clients who register and become subscribers to the service. By registering on the web site, or in any other way using the service, the client agrees to be bound by the Terms of Service, Policies, Guidelines, and Disclaimers as described in this document.

THE SERVICE

”Pandasam cc” offers a transaction based internet marketing service, branded as Gr8stuff.co.za, that enables subscribers to create and manage their own web sites or web pages. These web sites are hosted free of charge as sub-domains of the various categories defined from time to time by "Pandasam cc".

”Pandasam cc” will market the various categories through worldwide internet search engines, and any other means deemed appropriate by ”Pandasam cc” from time to time, to attract internet browsers to visit the web sites. Promotional methods are selected and implemented at the sole discretion of ”Pandasam cc”. In addition, all active web sites will be included in the Gr8stuff catalog and search engine. Susbcribers can, and are encouraged to, directly market their own web sites.

Each web site must at least contain our SMS enabled contact form that allows internet browsers to make contact directly with the subscriber. You may not put any of your contact details on any of your web pages (including any telephone or cell phone numbers, fax numbers or email addresses), you must rather link to your SMS enabled contact page. A transaction fee is charged each time a transaction takes place from any of your web sites or from an SMS sent to us requesting a transaction on your account.

Subscribers may only use this service to host web sites that are specifically aimed at marketing their products or services that are available in South Africa. You may not use this service for any sites that do not result in transactions. This includes sites such as any personal web sites, information sites, forums, chat rooms, discussion groups, etc.

FEES, CREDITS and PRICING

"The Service" is offered to subscribers on a pre-paid basis only. In consideration for the service offered, the subscriber must purchase credits from "Pandasam cc" to allow them to transact. Each credit is equivalent to R1-00. Credits are not refundable or tradeable. To see how to purchase credits, login to your account and follow the instructions. Credits may only be used to purchase the following as part of this service:

Annual Subscription Fee
Subscribers that have active web sites must pay an annual subscription fee of 300 credits (R300). Registration is free and your first annual subscription fee only becomes due when you request that your first web site be made active. Annually thereafter, on the same day that your first annual subscription became due, your credits will be reduced by the annual subscription fee due at that time. You will be informed before this is due. In the event that your account does not have sufficient credits to cover this fee, your account and all your web sites will be suspended. "Pandasam cc" reserves the right to change the annual subscription fee as it deems fit and in accordance with normal business practice.
Note: You only pay one annual subscription fee per registered cell phone, no matter how many web sites you may have.

Transaction Fees
Unlike most other web services that charge a fixed monthly hosting fee whether your web site works for you or not, the objective of our service is to generate business transactions from your web sites and then only to charge a transaction fee. Credits are needed to fund transactions when they happen. If there are insufficient credits in your account when a transaction is requested, that transaction will fail and you will lose the business. You can set your account to send you an SMS when your credits reach a specific level, so that you have time to purchase more credits before you run out.
Examples of transactions include: sending your contact details to someone, sending an SMS message to you, bookings, orders or leads, etc. These fees vary according to the type of transaction but are normally low (around R2). Transactions only occur when specific actions are taken on your web site, or when an SMS is received by us requesting a specific transaction to take place.
"Pandasam cc" reserves the right to change the various transaction fees as it deems fit and in accordance with normal business practice.
Note: You can see the current transaction fees by selecting the "Pricing" menu item when you login.

POLICY AND SERVICE GUIDELINES (ToS - Terms of Service)

”Pandasam cc” provides web hosting to many different kind of clients. Therefore we have the responsibility to protect each of our clients and their interests and to provide the best services available. The following guidelines were designed to ensure that these obligations are met.

FURTHERMORE, these Policies, Guidelines, and Disclaimer are intended for all domains and sub-domains residing on the various “Pandasam cc” upstream data centre servers.

Content:
All services provided by “Pandasam cc” may be used for lawful purposes only. Web sites hosted by Gr8stuff.co.za may only contain marketing related information for products and services available in South Africa. Transmission, storage, or presentation of any information, data or material in violation of any local or international law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless “Pandasam cc” from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography and sex-related web hosting of any kind is prohibited on all “Pandasam cc” servers. This includes sites that may infer sexual content, or links to adult content elsewhere. “Pandasam cc” will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to “Pandasam cc” servers or any other server on the internet. Links to such materials are also prohibited.

We also do not allow sites with political content as 'hate sites', Nazi stuff, or sites that propagate political activity against specific races or countries.

Examples of unacceptable content or links or usage:

Pirated (cracked) software
Hacker programs or archives
Warez sites
Copyrighted Material (e.g. MP3's)
Any Site that consumes more than 5% of system resources
Following are a list of sites that will often require more than 5% of our systems resources: Domains with archives or galleries, (i.e. .gif, .jpg, .exe, .zip, .tar, etc.), and domain accounts offering download files.

We are not saying that your web site cannot contain such files as scripts (just one example), however if at any time they consume 5% or more of our systems resources you might be contacted to resolve the problem or if an emergency - your account would be disabled.

“Pandasam cc” will be the sole arbitrator as to what constitutes a violation of these terms.

Commercial Advertising - Email:
Spamming, or the sending of unsolicited email, from a “Pandasam cc” server or using an email address or domain that is maintained on an “Pandasam cc” machine as reference is STRICTLY prohibited. Selling software or services related to email advertising is prohibited, too. “Pandasam cc” will be the sole arbiter as to what constitutes a violation of this provision.

Using spam or unsolicited email to promote any web site hosted on a "Pandasam cc" server is also STRICTLY prohibited. Should any of the "Pandasam cc" services be suspended due to such action by you, then you will be liable for all losses suffered by "Pandasam cc" to recover the services and for any claimed damages, including incidental and consequential damages, which may arise from “Pandasam cc” servers going off-line or being unavailable due to your actions.

Chat Rooms
We do not allow clients to install their own chat rooms. These tend to be a large drain on system resources and we cannot allow it as an account option. 

IRC
We currently do not allow IRC or IRC bots to be operated on our servers.

Forums:
You will be allowed to install any kind of Forums software. However - many cgi-based applications may use more system resources than like PHP based software. We recommend the use of applications like phpBB or vBulletin forum software. If necessary we will require you to shut down the forum or move to a dedicated server.

Server Abuse:
Any attempt to undermine or cause harm to a server, or customer, of “Pandasam cc” is strictly prohibited.

Refusal of Service:
We reserve the right to refuse, cancel, or suspend service at our sole discretion and with no further justification.

Account Deactivations:
Accounts will be cancelled or deactivated if no credits exist in the account to permit the annual subscription fee to be paid or to permit transactions to take place.

Any account deactivated due to non-payment can be re-activated within one month of deactivation. A reactivation fee of R100.00 must be paid prior to reactivating such accounts. No reactivation is possible after one month has passed, a new account must be registered and all information kept on the deactivated account willl be lost.

Cancellation Refunds:
We DO NOT refund any credits when an account is cancelled or deactivated for any reason whatsoever.

Currency
All prices are in South African Rands. We are not responsible for any currency exchange fees of your credit card company or your bank.

LIMITATION OF LIABILITY:

“Pandasam cc” shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from “Pandasam cc” servers going off-line or being unavailable for any reason whatsoever. Furthermore, “Pandasam cc” shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of “Pandasam cc” servers. All damages shall be limited to the immediate termination of service. All clients are advised to pull regular backups of their sites. We cannot be held responsible for missing files, data or lost business out of this.

You agree to indemnify, defend, and hold harmless “Pandasam cc” from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, “Pandasam cc”, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.

Violations of these Acceptable Uses Policies should be referred to legal@pandasam.co.za

All complaints will be investigated promptly. Failure to follow any term or condition will be reason for immediate account deactivation.

DISCLAIMER:

“Pandasam cc” cannot be held liable for unexpected system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain equipment, routing, software, messaging and programming used by “Pandasam cc” are not directly owned or written by “Pandasam cc”. We also depend on the services and terms of our upstream data centres. Moreover, “Pandasam cc” holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as “Pandasam cc” sees fit. We cannot be held liable for links to other sites placed on our systems by clients - the client/owner of a site is responsible for the content and activity of his/her site!

ACCOUNT REGISTRATION:
By registering your account with “Pandasam cc”, you agree to the above policies and disclaimer. 

NOTICE: “Pandasam cc” retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification. We also retain the right to increase any pricing, and make changes to our account plans without notification. Our services may only be used for lawful purposes -- any use of these services which violates any laws which may apply to “Pandasam cc”, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited. You also agree that you as the person legally responsible for all use of this account, are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in their own name. You agree to supply “Pandasam cc” with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use.