Terms and Service

This document contained the general terms and conditions, which govern the subscription to and usage of GO DOMAINS services. These General Terms and Conditions must be read together with the Services Terms and Conditions and the Policies of GO DOMAINS. By subscribing to and using any of the services offered by GO DOMAINS, the Customer and its users irrevocably agree to be bound by the provisions of this General Terms and Conditions, the relevant Services Terms and Conditions, and the Policies of GO DOMAINS. In the event of a discrepancy between this Agreement and the Service Terms and Conditions, the Service Terms and Conditions will take precedence.

general terms and conditions

1. Definitions and Interpretation

1. In this Agreement, the words hereunder will have the meanings assigned to them below:-
   1. The agreement” means these General Terms and Conditions, applicable Services Terms and Conditions, all the Policies of GO DOMAINS and all other application or order forms, as amended and updated from time to time;
   2. “Confidential Information” means any information or data relating to GO DOMAINS and any Group Company (even if not marked as being confidential, restricted, secret, proprietary, or any similar designation), in whatever format and whether recorded or not (and if recorded, whether recorded in writing, on any electronic medium or otherwise), which:
      1. by its nature or content is identifiable as confidential and/or proprietary to the Company; or
      2. is intended or by its nature or content could reasonably be expected to be confidential and/or proprietary to the Company, and includes:
         1. information relating to existing and future strategic objectives and existing and future business plans and corporate opportunities;
         2. trade secrets;
         3. technical information, techniques, know-how, operating methods, and procedures;
         4. details of costs, sources of materials and customer lists (whether actual or potential), and other information relating to the existing and prospective customers and suppliers;
         5. pricing, price lists, and purchasing policies;
         6. computer data, programs, and source codes; information contained in or constituting the hardware or software, including third party products and associated material;
         7. information relating to the network telecommunications services and facilities;
         8. any and all methodologies, formulae, and related information in developed software and processes and other business;
         9. products, drawings, designs, plans, functional and technical requirements, and specifications;
         10. Intellectual Property that is proprietary or that is proprietary to a third party and in respect of which the Company or any company in the Group has rights of use or possession;
         11. marketing information of whatsoever nature or kind;
         12. financial information of whatsoever nature or kind;
         13. information relating to any contracts to which the Company or any Group company is a party; and any information which is not readily available to a competitor of the Company and/or any of its Related Companies in the normal and ordinary course of business.
   3. “CPA” means the Consumer Protection Act No. 68 of 2008;
   4. “Customer” “you” or “your” means the Customer making use of the Services offered and provided by GO DOMAINS and includes all the users of the Customer that have the benefit of or avail of the Services in terms of this Agreement;
   5. “GO DOMAINS” means SUCCESS LEADS GROUP (Pty) Ltd, trading as GO DOMAINS, with its registration number: 200801997507, a private company duly incorporated under the laws of South Africa, with its business address at 37 Derde Street, Delmas, South Africa, 2210;
   6. “GO DOMAINS System” means equipment operated together as a system by GO DOMAINS to provide its Service(s) and services ancillary to such Service(s),;
   7. “GO DOMAINS Website” means the Internet website published at the URL www.godomains.co.za or another URL that GO DOMAINS notifies the Customer of from time to time;
   8. “Fees” means the fees applicable and charged by GO DOMAINS for each of the Services, as disclosed on GO DOMAINS Website and in writing, before the Customer subscribes or applies for such Service(s);
   9. “Good Industry Practice” means the exercise of that degree of skill, diligence, prudence, and foresight which would reasonably be expected from a skilled and experienced service provider providing similar services to those provided under this Agreement. Such a service provider would seek in good faith to comply with its contractual obligations, and with all applicable laws, codes of professional conduct, relevant codes of practice, relevant standards, and all conditions of planning and other consents;
   10. “Malicious Code” means anything that contains any computer software routine or code intended to allow unauthorized access or use of a computer system by any party, disable, damage, erase, disrupt or impair the normal operation of a computer system, and includes any back door, time bomb, Trojan horse, worm, drop dead device or computer virus.
   11. “NCA” means the National Credit Act, 34 of 2005;
   12. “Parties” means the Parties to these Standard Terms and Conditions and “Party” means any one of them as the context may indicate;
   13. “Personal Information” means any information relating to an identifiable, living, natural person, and where applicable, an identifiable, existing juristic person including –
       1. information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, color, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture language, and the birth of the person;
       2. information relating to the education or the medical, financial, criminal, or employment history of the person;
       3. any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier, or another particular assignment to the person;
       4. the biometric information of the person;
       5. the personal opinions, views, or preferences of the person;
       6. correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
       7. the views or opinions of another individual about the person; and
       8. the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person.
   14. “Processing” means any operation or activity or set of operations, whether or not by electronic means, concerning personal information including -
       1. the collection, receipt, recording, organization, collection, storage, updating or modification, retrieval, alteration, consultation or use;
       2. dissemination by means of transmission, distribution or making available in any other form; or
       3. merging, linking, restriction, degradation, erasure, or destruction of information.
   15. “POPIA” means the Protection of Personal Information Act, no 4 of 2013.
   16. “Intellectual Property” means any know-how (not in the public domain), the invention (whether or not patented), design, trademark (whether or not registered), or Copyright Material (whether or not registered), goodwill, processes, process methodology and all other identical or similar intellectual property as may exist anywhere in the world and any applications for registration of such intellectual property. For the purposes of this definition, “Copyright Material” means any material in which copyright subsists;
   17. “RICA” means the Regulation of Interception of Communications and Provision of Communication-Related Information Act, 70 of 2002;
   18. “Service(s)” means all the service(s) provided by https://godomains.co.za/ as specified on GO DOMAINS Website;
   19. “Signature Date” means the date of signature of this Agreement by the Party signing it last in time;
   20. “Software” means any computer program or software installed or provided by GO DOMAINS for the purposes of using the Services and any modifications, enhancements, or upgrades thereto;
   21. “South African Law” means all and any laws and regulations of the Republic of South Africa, including but not limited to applicable codes of conduct, as may be promulgated or amended from time to time;
   22. “Supplier” means a supplier of goods and/or services to GO DOMAINS; and
   23. “VAT” means Value-Added Tax as defined in the Value-Added Tax Act 89 of 1991.
2. The clause headings contained in this Agreement are for reference purposes only and shall not be used in the interpretation of this Agreement. Words importing any one gender include the other gender, the singular includes the plural and vice versa, and natural persons include juristic entities and vice versa.
3. A reference to any statutory enactment shall be construed as a reference to that enactment as at the signature date and as amended or substituted from time to time.

2. Application and Initiation of Services

1. By subscribing to or applying for the Services, the Customer hereby appoints GO DOMAINS to provide the Service(s) to the Customer for the duration of this Agreement, which appointment GO DOMAINS accepts, subject to the terms and conditions contained in this Agreement.
2. Each application for or subscription to a Service will constitute a separate contract between the Parties and GO DOMAINS reserves the right to refuse to commence provision of a Service based on the Customer’s prior conduct.
3. If required by GO DOMAINS, your application for a Service may be subject to a credit referencing or risk assessment process. You agree that GO DOMAINS may request and receive your confidential, credit, and prescribed information (as defined in the NCA) (“Assessment Information”) from a registered credit bureau in order to perform a financial means test to determine whether you will be in a position to meet your obligations under the intended agreement. GO DOMAINSis entitled to perform a financial means test each time you apply for a Service. No agreement shall come into effect in the event of a negative credit reference or risk assessment unless at the discretion of GO DOMAINSto waives this clause. GO DOMAINS may choose to waive this clause on a case by case basis and any such waiver shall not constitute a permanent or overall waiver of this clause for all Services. In this regard you consent to GO DOMAINSrequesting, receiving, and reporting your Assessment Information from and to the registered credit bureau in accordance with the provisions and for the purposes of the NCA; and the sharing of such information by a registered credit bureau and such other persons as contemplated in the NCA, for the prescribed purposes of the NCA.
4. Depending upon the Service provided, GO DOMAINS may be obliged under RICA to obtain certain information and documents from the Customer, and GO DOMAINS may withhold or suspend providing Services until the Customer has provided the necessary information and/or documents to GO DOMAINS.
5. If the Customer is a juristic person, GO DOMAINS may require one or more of its officers to stand surety for the Customer’s obligations under this Agreement. Even if the Agreement has commenced, GO DOMAINS may withhold providing the Services until the surety has been signed.
6. If the Customer has not complied with a requirement of this clause, GO DOMAINS may delay providing the Goods or Services until the Customer has complied. If the Customer does not comply within a reasonable period, GO DOMAINS may terminate this Agreement and will not be liable for any damage that the Customer may suffer as a result.
7. GO DOMAINS cannot guarantee the provision of the requested Service upon the receipt of an application. Provision of the Service is subject to GO DOMAINS confirming that it is technically feasible to do so. Applicants will be formally notified after receipt of an application whether or not the Service can be provided.

3. Commencement and Termination

1. This Agreement shall be effective from the date on which you register for any Services with GO DOMAINS.
2. Subject to the Service terms, this Agreement shall continue in effect on a month-to-month basis and either Party shall have the right to terminate this Agreement upon providing the other Party with at least one calendar month notice.
3. The Customer acknowledges that GO DOMAINS may:
   1. terminate this Agreement by written notice, including email, and without liability in the event of the termination of its agreement with a Supplier relevant to the provision of any Service; or
   2. suspend or terminate the Services of a Customer in its absolute discretion and without notice:
      • if the Customer commits a serious or repeated breach of the Agreement (and in particular any provision of the Acceptable Use Policy) or the Customer engages in any conduct which in GO DOMAINS opinion would have a negative impact on GO DOMAINS, other customers of GO DOMAINS or GO DOMAINS staff or is detrimental to the welfare, good order or character of GO DOMAINS
      • any part of the Customer’s Fees are not paid in full when due;
      • the information the Customer supplied to GO DOMAINS is found to be incorrect or false; or
      • GO DOMAINS reasonably thinks that the Customer’s use of the Services may result in the commission of a crime or is otherwise unlawful.
   3. Upon such suspension or termination, the Customer:
      • may not resile from this Agreement or withhold or defer payment or be entitled to a reduction in any charge or have any other right or remedy against GO DOMAINS, its servants, its agents or any other persons for whom it may be liable in law;
      • will not be eligible for reimbursement of any the fees paid in advance for the Services, if applicable;
      • maybe barred from subscribing to any services with GO DOMAINS in the future;
      • maybe listed with applicable authorities and credit bureaus.
   4. GO DOMAINS may in its sole discretion determine the period of suspension it may deem necessary in consideration of the particular circumstances that gave rise to the suspension.

4. Services and Changes to Services

1. GO DOMAINS offers various Services and may provide recommendations to customers, based on the information provided by such customers. GO DOMAINS provides Services on the basis of information provided by the Customer, and GO DOMAINS offers no warranty as to the suitability of the Services beyond the requirements as expressed by the Customer. The Customer is solely responsible for ensuring that their choice of Services provided by GO DOMAINS to their requirements or desired outcome. GO DOMAINS will not be liable for compensation, costs, or damages resulting from incorrect selection of Services, or resultant delays in rectifying such errors.
2. While every effort is made by GO DOMAINS and its Suppliers to ensure that all Services retain a constant uptime (99.9% on a yearly basis and 99% on a monthly basis) and high level of service quality given the nature of the Services, technology, infrastructure and number of suppliers involved in the provision of such Services this is not always achievable. As such all Services unless otherwise agreed to in writing are based on the best effort premise where no guarantees on throughput, latency, or uptime can be provided. If in the instance that GO DOMAINS cannot meet such standard of service quality its liability shall be limited to three months of your base hosting fee, or, two thousand five hundred rands (R 2 500.00), whichever is the lesser.
3. To the extent that the provisions of the CPA are applicable to this Agreement, in the event that the Customer alleges that there is a defect in the quality of the Services, the only remedy that the Customer will have against GO DOMAINS, is to require GO DOMAINS to remedy the defect in the quality of the Services performed.
4. GO DOMAINS reserves the right to stop offering particular Services if it deems it necessary. GO DOMAINS will then either provide the service for the remainder of the time that has been paid for or refund the amount paid for that specific package.

5. Security

1. GO DOMAINS will implement measures in line with Good Industry Practice to ensure the security of the GO DOMAINS System and the physical security of GO DOMAINS premises, but gives no warranty that breaches of security will not take place.
2. If the Customer discovers a security violation or thinks that a security violation is imminent, it must immediately notify GO DOMAINS in an appropriate way that does not further compromise security concerns.
3. The Customer must not do anything that may prejudice the security of the GO DOMAINS System, and must take all reasonable measures necessary to ensure that:
   1. no unlawful access is gained to GO DOMAINS premises, the GO DOMAINS System, or the Customer’s own system;
   2. no Malicious Code is introduced into the GO DOMAINS System; and
   3. the Customer Data is safeguarded.
4. If a security violation occurs, or GO DOMAINS is of the view that a security violation is imminent, GO DOMAINS may take whatever steps it considers necessary to maintain the proper functioning of the GO DOMAINS System including without limitation:
   1. changing the Customer’s access codes and passwords (or those of any user of the GO DOMAINS System), and
   2. preventing access to the GO DOMAINS System.
5. GO DOMAINS takes reasonable measures to provide disaster recovery but does not warrant that recovery will be successful or that it will be completed within any time limit.
6. The Customer must give its full cooperation to GO DOMAINS in any investigation that may be carried out by GO DOMAINS regarding a security violation.
7. If the Customer is providing any Service to third parties that make use of the GO DOMAINS System, the Customer must contractually bind those third parties to equivalent terms regarding security as are set out in this clause 5.

6. Customer Duties

1. Customer is prohibited from selling, reselling, or otherwise dealing with the Services(s) which are proprietary to GO DOMAINSin any manner whatsoever without its consent. Without limitation to the foregoing, any consideration which the Customer may receive whilst acting in breach of this prohibition shall be forfeited to GO DOMAINS unless the Customer is duly authorized to resell such Service(s).
2. The Customer is prohibited from allowing any person, other than its employees or other authorized parties, to have access to the Service(s).
3. The Customer shall only use the Service in compliance with South African Laws, the terms and conditions of this Agreement, and GO DOMAINS Policies, as published on GO DOMAINS Website. The Customer acknowledges that GO DOMAINS has no obligation to assist the Customer in obtaining knowledge and/or clarity in terms of the applicable South African Law.
4. Where any Service is provided to the Customer with a predefined maximum allowable amount of resources, which includes, but is not limited to bandwidth, traffic usage, data, memory, data storage, CPU, or data cap (“Resource Allocation”) during a predefined period or term as applicable to the particular Service, such Resource Allocation may not be exceeded. In the event of such Data Allocation being exceeded by you, GO DOMAINS shall charge you for such overage as applicable to the particular Service and at the prevailing overage rate for that Service. Alternatively, GO DOMAINS may elect to deduct the amount exceeding the original Resource Allocation from the following Resource Allocation as applicable to the specific Service.

7. Fees, Charges, and Payment

1. Subscription options: With reference to the applicable Service, GO DOMAINS offers the following subscriptions options:
   1. Monthly: Fees will be due monthly in advance and should be paid by the 1st Business Day of the applicable month. Subject to the provision of the Agreement, the Customer must give one calendar month’s written notice to GO DOMAINS in order to cancel this subscription.
   2. Bi-annually: Fees are due and payable on or before the 1st Business Day of the commencement of the period or any subsequent renewal period. Subject to the provision of the Agreement, the subscription shall be renewed automatically for further bi-annual renewal period(s), unless the canceled by Customer with at least one calendar month’s written notice to GO DOMAINS, before the expiry of the applicable bi-annual period.
   3. Annual: Fees are due and payable on or before the 1st Business Day of the commencement of the period or any subsequent renewal period. Subject to the provision of the Agreement, the subscription shall be renewed automatically for further annual renewal period(s), unless canceled by Customer with at least one calendar month’s written notice to GO DOMAINS, before the expiry of the applicable annual period.
2. Usage Fees, if applicable, shall be billed in arrears.
3. Billing process:
   1. Billing will commence on the date that Service provision commences. Partial months will be charged pro-rata;
   2. Services are billed in advance and all invoices must be paid by the Customer in advance;
   3. Any Services invoiced in arrears are payable on presentation of invoice;
   4. All Fees and other amounts payable are quoted exclusive of VAT;
   5. All Fees shall be paid by debit order or credit card payments. GO DOMAINS shall only accept payment for bi-annual, tri-annual, or annual payments by way of electronic funds transfer in exceptional circumstances and on only by prior arrangement at GO DOMAINS discretion; and
   6. All payments shall be without deduction and free of exchange or set-off.
4. Consequences of late or non-payment:
   1. If any Fees remains unpaid by the Customer beyond the due date of payment:
      1. the interest rate will be charged at 2% (two percent) above the prime overdraft rate (percent, per annum), up to a maximum of 2% per month in accordance with the maximum interest rate allowed in terms of the NCA for incidental credit agreements;
      2. the prime overdraft rate will be determined by GO DOMAINS bankers at the time, which will be evidenced by a certificate issued by any manager of that bank, whose authority it shall not be necessary to prove;
      3. interest will be calculated from the due date of payment to the date of actual payment, both days inclusive, and will be compounded monthly in arrears;
      4. In the event of a debit order being returned by your bank, GO DOMAINS shall charge a debit order return fee of the greater of 5% of the attempted debit order amount or R50.00; and
      5. if the non-payment pass fourteen days from the due date, a letter of demand may be sent to you. If payment is not received after twenty business days from the date of the notice, your default will be listed on a registered credit bureau database, which will affect your credit rating.
   2. GO DOMAINS retains the right to suspend any and all its Services for non-payment (which may not be limited to the particular Service in question) and to withhold such Services until all arrears are settled in full on any and all products and Services. While Services are in a suspended state you will have no access to the Services but will continue to be liable for the full cost associated with the Service(s), and no refunds or pro-rata of any kind will be provided to you for the period in which the Service was suspended.
   3. If the Customer’s Service(s) are suspended or terminated for non-payment (or any other breach of this Agreement), GO DOMAINS may charge a reconnection fee for subsequent reactivation of Services. Reconnection Fees are payable in full before any services can be reactivated. GO DOMAINS may charge multiple reconnections Fees where multiple Service(s) are affected and may charge “escalating” penalties for repeated non-payment offenses. Any prior leniency shown in this regard will not prejudice GO DOMAINS right to enforce such penalties in full at any time (within their discretion). Reconnection of Services may be subject to a waiting period of up to 72 hours, at GO DOMAINS discretion, regardless of when payment is received or cleared.
5. Billing disputes:
   1. In the case of billing disputes, the onus is upon the Customer to raise such disputes in good time to prevent interruption of services while the billing is in dispute. All invoices shall be sent to Customers by way of e-mail and the Customer is responsible to keep GO DOMAINS informed of all changes to such e-mail addresses.
   2. All billing complaints must be directed to GO DOMAINS in writing must be accompanied by a copy of the bill concerned or the particulars thereof, e.g. username or invoice number, the reason for the dispute; the amount in dispute; and supporting information or documentation, if any.
   3. GO DOMAINS will reach a determination regarding the billing complaint and communicate its decision to you within fourteen (14) working days of receipt of the complaint.
   4. Reparations will be made to Customers with successful disputes by means of an account credit or refund, at GO DOMAINS discretion.
6. Amendment of Fees:
   1. GO DOMAINS reserves its rights to change its prices at any time on reasonable notice, which will not be less than thirty days.

8. Intellectual Property Rights and Infringements

1. All Intellectual Property rights in and to GO DOMAINS Software, Systems, procedures, and policies (including, without limitation, copyright, trademarks, designs, and patents) relating to or used in connection with the Service(s) provided under this Agreement shall belong to GO DOMAINS. In addition, all intellectual property rights in and to Suppliers’ software, systems, procedures, and policies (including, without limitation, copyright, trademarks, designs, and patents) relating to or used in connection with the Service(s) provided under this Agreement and licensed to GO DOMAINS shall be made available to Customers in the sole discretion of GO DOMAINS and subject to HOSTAFRICA’s agreement with such Suppliers. The Customer undertakes that it shall at no time, have any right, title, or interest in the Intellectual Property of GO DOMAINS or the applicable Suppliers and agrees that it shall not (or permit any third party to) reverse engineer, decompile, modify or tamper with the software systems, procedures, and policies owned by GO DOMAINS, or any of its Suppliers.
2. The Customer agrees to only make use of properly licensed third party software in connection with its use of the Services and agrees to indemnify and hold GO DOMAINS and any of its members, representatives, officers, or employees harmless against all losses, damages, liability, costs, and expenses, including reasonable attorney fees, suffered or incurred by them as a result of any third party claims relating to its involvement in any copyright infringement or alleged copyright infringement.
3. The Customer warrants that it shall not use the Service(s) to produce, host, or present any content in contravention of any person’s Intellectual Property rights, and in particular warrants that it shall recognize, acknowledge and use any content in accordance with any third party’s Intellectual Property rights. The Customer furthermore warrants that it has received all necessary permissions to make use of any Intellectual Property relating to third parties.
4. Any specifications, descriptive matter, drawings, and other documents which may be furnished by GO DOMAINS to the Customer from time to time:
   1. do not form part of this Agreement and may not be relied upon, unless they are agreed in writing by both parties hereto to form part of this Agreement; and
   2. shall remain the property of GO DOMAINS and shall be deemed to have been impacted by it in trust to the Customer for the sole use of the Customer. All copyright in such documents vests in GO DOMAINS and s such documents shall be returned on demand.

9. Protection of Personal Information

1. A Party (“Operator”) shall at all times treat and hold all Personal Information it receives and processes from the other Party (“the Responsible Party”) as confidential and must not disclose it unless required by law or in the course of the proper performance of their duties and may only process such information with the knowledge or authorization of the Responsible Party.
2. The Operator undertakes that it will endeavor to:
   1. in order to protect the proprietary interests of the Responsible Party in and to its Confidential Information and Personal Information the Operator will not at any time, whether during the currency of this Agreement or at any time thereafter, either use any Confidential Information or Personal Information of the Responsible Party or directly or indirectly divulge or disclose any Confidential Information or Personal Information of the Responsible Party to third parties; and
   2. upon termination, cancellation, or expiry of this Agreement the Operator will deliver to the Responsible Party, or at the Responsible Party’s option, destroy all originals and copies of Confidential Information in its possession.
3. The foregoing obligations will not apply to any information which –
   1. is lawfully in the public domain at the time of disclosure to the Operator;
   2. subsequently becomes lawfully part of the public domain by publication or otherwise;
   3. subsequently becomes available to the Operator from a source other than the Responsible Party which is lawfully entitled without any restriction on disclosure to disclose such Confidential Information or Personal Information to the Operator; or
   4. is disclosed pursuant to requirement or request by operation of law, regulation, or court order;
   5. is required to be processed or retained in terms of any legal obligation or law.
4. The Customer consents and agrees as part of the conclusion and performance of a contract to GO DOMAINS Processing Personal Information transmitted to GO DOMAINS System in a way that is consistent with the Service being provided. Where the Customer’s use of the Service(s) leads to the transmission of Processing of Personal Information, which includes personal information to or from the Republic of South Africa, the Customer acknowledges that it has a duty to comply with any relevant statutory provisions dealing with data privacy either in the Republic of South Africa or in any foreign country to which the Personal Information is transmitted. The Customer warrants that it has obtained the consent of any third party for the use and Processing of that party’s Personal Information in this way, or otherwise that such Processing is lawful, and indemnifies GO DOMAINS from any claim brought by such third party as a result of its failure to do so.
5. GO DOMAINS will use reasonable GO DOMAINS to ensure the safekeeping of any Personal Information or content which may be uploaded to the GO DOMAINS servers from time to time, such as and without being limited to, photographs, websites, videos, and e-mail messages (hereinafter collectively referred to as “your data”). However, GO DOMAINS does not provide any guarantees against data loss, and as such you agree to retain your own backups of your Personal Information and indemnify and hold harmless GO DOMAINSfrom any claims as a result of your Personal Information being lost for whatsoever reason.
6. GO DOMAINS shall immediately delete all of your Personal Information from the GO DOMAINS servers upon the termination of the Service or termination of this Agreement. It is thus your responsibility to ensure that you have made local copies of all of your Personal Information prior to the termination of the Service. GO DOMAINS shall not retain backups of any kind once the Service is terminated.

10. Representations and Warranties

1. GO DOMAINS warrants and represents that:
   1. it has the capacity and authority to enter into and perform in terms of this Agreement and to provide the Services to the Customer;
   2. it is the owner of or has the right to use any intellectual property employed by it during or as part of the Service(s);
   3. the Services shall be performed in compliance with South African Law, including the provisions of POPIA and the conditions for lawful processing of Personal Information;
   4. the Services shall be provided in accordance with the provisions of this Agreement;
   5. the Services will be performed in a professional manner and that it is and/or it shall use personnel that is suitably qualified and has sufficient knowledge, expertise, and competence to perform the Service(s), in accordance with the standard of its industry.
   6. Save as expressly set out in clauses 1, GO DOMAINS does not make any representations nor gives any warranties or guarantees of any nature whatsoever in respect of the Service(s), and all warranties which are implied or residual at common law are hereby expressly excluded.
   7. GO DOMAINS does not warrant or guarantee that the information transmitted by or available to Customer by way of the Service(s):
      1. will be preserved or sustained in its entirety;
      2. will be delivered to any or all of the intended recipients; or
      3. will be suitable for any purpose;
      4. will be free of inaccuracies or defects or bugs or viruses of any kind; or
      5. will be secured against intrusion by unauthorized third parties; and GO DOMAINS assumes no liability, responsibility, or obligations in regard to any of the exclusions set forth in this clause 10.

11. Customer Warranties

1. In addition to and without limiting any Customer warranty under this Agreement, the Customer undertakes and represents that:
   1. it has all requisite power and authority to execute and deliver this Agreement and to perform its obligations hereunder; and
   2. the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby will not conflict with, or result in any violation or breach of, any contract to which Customer is a party.

12. Force Majeure

1. GO DOMAINS shall not be liable for non-performance under this Agreement to the extent to which the non-performance is caused by events or conditions beyond the control of GO DOMAINS.
2. It is expressly recorded that for purposes of this clause the following shall be considered circumstances beyond the control of GO DOMAINS:
   1. a Supplier’s fault of interruption that affects the Service(s);
   2. the non-performance, inability to perform or delay in the performance by the upstream provider relating to the provisioning of equipment, services, and/or facilities to GO DOMAINS that affects the Service(s);
   3. acts or omissions of any government, government agency, provincial or local authority (including disruption or suspension of the provision of municipal services) or similar authority, any laws or regulations having the force of law, civil strife, riots, insurrection, sabotage, acts of war or public enemy, illegal strikes, interruption of transport, lockouts, flood, storm or fire;
   4. all telecommunications infrastructure and communication line faults;
   5. failure or unreasonable delay by the Customer to report faults/problems to GO DOMAINS; and/or
   6. the failure of any hardware, software program, applications(s), or any other computer systems (or any component thereof) or product or service of any third party on whom the Customer relies (whether directly or indirectly) to use the Service(s).

13. Limitation of Liability and Indemnity

1. GO DOMAINS shall not be liable for any loss (including but not limited to loss of data, profits, and goodwill), liability, damages (whether direct, indirect, or consequential), or expense of whatsoever nature and howsoever arising were GO DOMAINS negligence, failure, delay or inability to perform any of the Service(s), any defect or failure in the Equipment, or due to the occurrence of any of the following events:
   • the Customer’s failure to perform, or delay in performing its obligations in terms of this Agreement, including non-payment of fees;
   • circumstances that constitute an event of force majeure as contemplated in clause 12 hereof;
2. compliance by GO DOMAINSwith any applicable national and international legislation and laws;
3. any alteration to the Software and Equipment by the Customer; and/or
4. any defect and/or hazard in any third party equipment required by the Customer to be used in the provision of the Services.
5. The Customer shall indemnify and hold GO DOMAINS and any of its members, representatives, officers, or employees as well as any third parties whose networks are connected to the GO DOMAINS System, harmless against all losses, damages, liability, costs, and expenses, including reasonable attorney fees, suffered or incurred by them as a result of any claim by any third party, arising out of the provisions of clauses 13
6. In the event that GO DOMAINS is nonetheless held liable, the quantum of GO DOMAINS’s liability will not exceed the monthly or pro-rata fees due for the Service that occasioned the loss, in the preceding three (3) months, regardless of whether the claim arises out of negligence on the part of GO DOMAINSor any other cause.
7. From time to time, GO DOMAINS may deem it necessary to conduct maintenance, repair, and/or improvement work on its technical infrastructure by means of which the Services are provided, and in order to perform these activities, GO DOMAINS may have to suspend the Services. GO DOMAINS undertakes to provide reasonable notice to the Customer by way of a notice on its website and the Customer agrees that all liability on the part of GO DOMAINSof any loss or damage (whether direct or consequential) thereby incurred or for any costs, claims, or demands of any nature arising therefrom, is excluded.
8. Use of the Services indicates that the Customer indemnifies and holds harmless GO DOMAINSin respect of any damages, loss, or costs or claims instituted against GO DOMAINS arising from any application or subscription to or use of any Service or breach of the Agreement.
9. Nothing contained in this clause 13 will limit the Customer’s liability in respect of charges incurred for ongoing Services.
10. If the CPA is applicable to this Agreement, and any provision of this clause 13 is found by a court or tribunal with jurisdiction over GO DOMAINS to be unfair, unreasonable, or unjust, then that provision (whether it be a word, phrase, or sub-clause) will be severed, and the remainder of this clause 13 will have full force and effect.
11. In the case of ambiguity, this clause 13 will take precedence over any expression of the Parties’ intention, whether express or implied, that may be contained elsewhere in this Agreement.

14. Breach

1. Without prejudice to any other rights accorded to GO DOMAINS in terms of this Agreement or any claims which GO DOMAINS may have for damages against the Customer if the Customer:
   • breaches any of the terms or conditions of this Agreement (other than non-payment due and payable amounts) and fails to remedy such breach within 14 (fourteen) days of notice thereof from GO DOMAINS ;
   • endeavor to enter into a compromise, scheme of arrangement or composition with its creditors;
   • allow any judgment against you to remain unsettled for more than 10 (ten) days without taking immediate steps to have it rescinded and successfully prosecuting the application for rescission to its final end;
   • commits any act of insolvency, are placed in liquidation or judicial management (in either case, whether provisionally or finally) or, being an individual, your estate is sequestrated or voluntarily surrendered; or
   • dispose of a material portion of its undertaking or assets; or
   • fails to pay any amount on the due date for such payment, GO DOMAINS shall be entitled on written notice to the Customer and without any liability or obligation whatsoever, to:
   • suspend, discontinue or terminate all Services until such non-payment or breach is remedied to GO DOMAINS satisfaction;
   • treat all outstanding amounts, which would otherwise become due and payable over the unexpired period of the Agreement, as immediately due and payable, and to claim such amounts as well as any other amounts in arrears including interest and to cease performance of its obligations hereunder as well as under any other contract with you until you have remedied the breach;
   • collect and retrieve all Equipment and the Customer shall advise GO DOMAINSof the place of storage of such equipment and allow unfettered access to such location to enable GO DOMAINS to collect the Equipment; and/or
   • cancel or terminate this Agreement.
2. The Customer shall be liable for all costs incurred by GO DOMAINS in the recovery of any amounts or the enforcement of any rights which it has hereunder, including collection charges and costs on an attorney and own customer scale whether incurred prior to or during the institution of legal proceedings or if a judgment has been granted, in connection with the satisfaction or enforcement of such judgment.

15. Dispute Resolution

1. Any dispute which arises relating to or arising out of this Agreement, including the validity, implementation, execution, interpretation, rectification, termination, or cancellation of this Agreement, shall be referred to the chief operating officers of GO DOMAINS and the Customer or alternates appointed by them, who will use their best efforts to resolve the dispute within five (5) business days of the dispute having been referred to them.