Terms & Conditions Standard terms and conditions for domain name(s) registration 1 Provision of the service Internet Solutions (Proprietary) Limited (“IS”) undertakes to register with a Registrar accredited by the Internet Corporation for Assigned Names and Numbers (ICANN) one or more domain name(s) as requested (hereinafter referred to as the “Domain Name(s)”) by the party specified as Applicant in the Application Form (“Applicant”) on the terms and conditions set out herein. 2 These terms and conditions to prevail These terms and conditions shall, when read together with Applicant‟s application form, and any schedule attached thereto, constitute the whole agreement between IS and Applicant. In the event of any conflict arising between these terms and conditions on the one hand and the Application Form or any schedule on the other hand, then, unless a contrary intention clearly appears, these terms and conditions shall prevail. 3 Duration This agreement shall endure for an initial period of 12 months from the date of successful registration of the Domain Name(s) and shall automatically renew on an annual basis unless terminated by either IS or Applicant on one calendar month‟s written notice prior to the annual anniversary of the registration date. Upon termination the registration of the Domain Name(s) shall be cancelled by IS and the Domain Name(s) will become available for re-registration. 4 Charges 4.1 Applicant agrees to pay and is responsible for payment of the registration fee in respect of each new Domain Name(s) and/or the renewal thereof in South African currency, payable in advance without deduction or set-off of any amount of whatsoever nature or for whatsoever reason. 4.2 If payment for a Domain Name(s) has not been made within 30 days of a successful application or the renewal thereof, IS reserves the right in its sole and absolute discretion and without any notice to the Applicant to remove the Domain Name(s) and make it available for re-registration. 4.3 In addition to what is set out in Clause 4.2 above, IS shall be entitled in its sole discretion to suspend the relevant Domain Name(s) if there has been a failure to make payment of the necessary fees in respect of the Domain Name(s). In addition IS shall be entitled to retain a lien on the Domain Name(s) in respect of any outstanding debts owing to IS in terms of any other services supplied to the Applicant by IS. 4.4 Applicant acknowledges that the prices provided herein are subject to escalation, and IS shall be entitled at its sole discretion to increase the fees in respect of registration of domains. Furthermore, IS shall be entitled to charge interest on any overdue amounts at the publicly quoted overdraft rate charged by Nedcor Bank Limited from time to time plus 2% from the due date for payment until the date of payment. 4.5 Should any dispute arise relating to the amount of charges to which IS is entitled, such dispute shall be determined by IS‟s auditors for the time being, who shall act as experts and not as an arbitrator. The cost of the determination shall be paid on demand by the party against which the determination is made, or as determined by the said auditors. 5 Applicant‟s warranties Applicant represents, warrants and agrees that: 5.1 Applicant has a bona fide intention to use the Domain Name(s) on a regular basis on the Internet; 5.2 The use or registration of the Domain Name(s) by Applicant does not interfere with nor infringe the right of any third party in any jurisdiction with respect to trademark, service mark, tradename, company name, close corporation name, copyright nor any other intellectual property right; 5.3 Applicant shall not use the assigned Domain Name(s) in contravention of any laws or statutory enactments, and that the Domain Name(s) shall be used in accordance with the guidelines provided by the Internet Corporation for Assigned Names and Numbers (ICANN at www.icann.org). Applicant acknowledges that IS has no obligation to assist Applicant in regard to familiarising Applicant and keeping Applicant appraised of all relevant South African law in force from time to time which has any bearing on the Domain Name(s) and/or its use; 5.4 Applicant is not seeking to use nor shall it use the Domain Name(s) for any unlawful purpose, including, without limitation, delictual interference with contract or prospective business advantage, unfair competition, „cybersquatting‟, injuring the reputation of another, nor for the purpose of confusing or misleading any person, whether natural or incorporated. 5.5 If the application for the Domain Name(s) is made by a proxy agent for the Applicant, including but not limited to an Internet Service Provider (ISP), the Applicant is nonetheless bound as a principal for all the obligations in terms of all terms and conditions contained herein. 6 IS warranties IS does not make any representations nor does it give any warranty or guarantee of any nature whatsoever in respect of the Domain Name(s) registered or to be registered, or its suitability for any purpose, whether that purpose is notified to IS or not and all common-law warranties are expressly excluded. 7 Exclusion of liability 7.1 Except as otherwise expressly provided herein to the contrary, IS shall not be liable to Applicant or any proxy agent or any third party for any loss or damage of whatsoever nature and/or howsoever arising (including consequential or incidental loss or damage such as without limitation, loss to property or of profit, business, goodwill, revenue or anticipated savings). 7.2 Applicant indemnifies and holds IS harmless against any damage, loss or matter arising from or connected with or out of the Domain Name(s) registration or renewal or deletion, as the case may be, or from access to or use of the Domain Name(s) or information obtained through the use thereof. Furthermore, Applicant indemnifies IS against any claim arising out of the use of the Domain Name(s) in contravention of any statutory enactment, the common law, any court order or where the use of such Domain Name(s) infringes the legal rights of any third party including any intellectual property rights relating to such third party. 7.3 IS shall not be liable for any claim or damages of whatsoever nature if it is unable for any reason to secure the registration of Subscriber‟s requested Domain Name(s). 7.4 Applicant agrees that IS shall have the right to withdraw a Domain Name(s) from use and registration on the Internet upon thirty (30) days prior written notice (or earlier if ordered by any Court) should IS receive an order by any competent court that the Domain Name(s) in dispute rightfully belongs to a third party or infringes a third party's rights or is in contravention of any law. 7.5 Where Applicant has breached its obligations in terms of Clause 4.2, 5.2, 5.3 or 5.4 above, IS may in its sole discretion immediately terminate this agreement, remove control of the Domain Name(s) from the Applicant, and make the Domain Name(s) available for re-registration. 7.6 In the event that the Applicant breaches any of its obligations under these terms other than a breach in terms of Clause 7.5 above, IS may request that Applicant remedy the breach within 10 days of receiving written notice describing the alleged breach. If Applicant fails to remedy the aforementioned breach within 10 (ten) days of the date of receipt of such notice, then IS shall be entitled to terminate without notice Applicant's use and registration of the Domain Name(s). Such termination shall be without prejudice to any right of IS to recover, inter alia, any costs, damages or expense arising from or consequent upon such breach. 7.7 IS shall not be liable for any claim or damages of whatsoever nature if it is unable for any reason to secure the registration of Applicant‟s requested Domain Name(s). 8 Cession Subscriber shall not be entitled to cede or assign any rights and/or obligations which it may have in terms of this agreement to any third party unless consented to in writing by IS, which consent may not be unreasonably withheld. In particular, and without derogating from the generality of the aforegoing, Subscriber may not without prior written consent of IS, cede to any third party the right of use of the Domain Name(s), unless consented to in writing by IS. 9 Whole agreement, no amendment 9.1 No amendment or consensual cancellation of this agreement or any provision or term thereof shall be binding unless recorded in a written document signed by a duly authorised representative from both IS and Applicant. 9.2 No extension of time or waiver or relaxation of any of the provisions or terms of this agreement, bill of exchange or other document issued or executed pursuant to or in terms of this agreement, shall operate as an estoppel against either parties hereto in respect of its right under this agreement, nor shall it operate so as to preclude either of the parties thereafter from exercising its rights strictly in accordance with this agreement. 10 Governing law and jurisdiction This Agreement will be governed by and construed in accordance with the law of the Republic of South Africa and all disputes, actions and other matters relating thereto will be determined in accordance with South African law by a South African Court having jurisdiction.