General
a. A Reseller Value Added Partner (VAP) need not be an active web hosting client of Provider.
b. Accounts opened by VAP are subject to the terms and conditions of service of the Resale Agreement.
Relationship
a. VAP is an independent contractor. VAP is not a partner, joint venture, franchisee, agent, or employee of Provider.
b. VAP shall not represent their relationship with Provider as anything other than an independent contractor or VAP.
c. Provider shall not refer to VAP as anything other than a VAP, independent contractor, consultant, or other designation as expressed by VAP and agreed upon by Provider.
VAP Accounts
a. VAP will be billed for the full amount for one of his/her hosting packages
b. The VAP shall receive one third refund for all web hosting accounts signed with the Provider with their Partner Code for which the Provider bills the VAP directly.
c. The Provider invoices the VAP directly - the VAP will be invoiced for 70% of the standard hosting package amount.
d. The VAP shall recieve 30% off on all domain registrations if billed directly - The VAP will be charged this Domain Registration fee for ALL hosting packages including Option A, Windows A, Windows B and Windows C
e . All prices and discounts are guaranteed for the term of payment received.
f . Provider reserves the right to change prices and discounts at any time.
Content Policy
It is Provider's policy not to monitor the content of the material VAP or VAP's clients publish on Provider's servers. However, if questionable material comes to Provider's attention, Provider reserves the right to remove without notice any content that, in Provider's sole opinion, may result in a violation of any local, common, national or international laws or regulations or that, in Provider's sole opinion, may be offensive to Provider or anyone else.
Billing and Payment Policies
a. VAP is solely responsible for income, taxes and expenses related to this Agreement and the securing of Clients.
c. Any account not brought current within a week of e-mail notice or exceeding this time frame in any way is subject to suspension.
d. If the VAP's account for a specific client falls in arrears by more than a month, the Provider reserves the right to contact the VAP's client directly. A cancellation request in respect of any Domain registration or Web Hosting must be furnished in writing or fax to Afrihost in Rivonia one calendar month (30 days) before the date of ceasing the service. The cancellation request must be on a company letterhead and must specify the hosting account/s which are being cancelled.
e . Bills for partial periods shall be prorated.
f . Once off payments will not be deducted from Debit Orders.
g . All payment is in Rand.
Indemnification
Provider assumes no liability for any loss, injury, claim, liability or damage of any kind - including loss of business, lost profits, lost data, or failure of security - resulting in any way from VAP's or VAP clients' use of the Hosting, including without limitation any errors or omissions, any content, any delay or failure of performance, or the unavailability or interruption of service. PROVIDER SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER, WHETHER OR NOT FORESEEABLE (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE WEB HOSTING SERVICES OR THE FAILURE OF A PARTY TO PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY PARTY'S NEGLIGENCE. VAP ALSO AGREES TO INDEMNIFY AND HOLD HARMLESS Provider FROM ANY CLAIMS RESULTING FROM THIS AGREEMENT. Termination of this Agreement shall be VAP's sole and exclusive remedy for any and all damages or injury.
Disclaimer
With respect to the Hosting, Provider provides services to VAP and VAP clients on an "as is" basis. PROVIDER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
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