1. By completing the Registration referred to in clause 2.4 below, the Subscriber shall enter into an Agreement with IMAGINET, which is governed by these Terms and Conditions in respect of the Service.
2. In consideration of the payment by the Subscriber of the Charges in accordance with these terms and conditions, IMAGINET shall allow the Subscriber to use its Service. Where more than one use of the Service is made by the Subscriber under this Agreement (by, for example, employees or family members of the Subscriber), then references to the Subscriber are deemed to include a reference to other uses and the people who make them.
3. These Terms and Conditions replace the Imaginet Service Agreement.
4. Subscribers agree to abide by the Imaginet Acceptable Use Policy (available on the IMAGINET Website) and other relevant policies as implemented by IMAGINET.

For the purposes of this agreement:

1. "IMAGINET" shall mean Alexandre Miller CC Trading as Imaginet.
2. "Charges" shall mean the charges payable in respect of the Services.
3. "IMAGINET Website" shall mean the website located at the URL: http://www.imaginet.co.za/.
4. "Registration" shall refer to the point at which the Subscriber runs and completes the online registration process on the IMAGINET Website or an offline application process to register as a subscriber of the IMAGINET Services.
5. "Server" shall mean a computer device owned by IMAGINET and upon which information is stored.
6. "Subscriber" shall mean the party who has registered with IMAGINET for the Service.
7. “Payment period” shall mean the period for which payment is to be made by the Subscriber for the Service.
8. "Service" shall mean the Internet access, web hosting, website design and/or other services provided by IMAGINET to the Subscriber as set out in this Agreement and as described on the IMAGINET Website or during the registration process.
9. “Usage” shall mean a variable component of a Service, such as web hosting disk space, web hosting data traffic, or ADSL data traffic, whereby such component’s amounts or volumes may not be predicted in advance of use by the Subscriber.

1. IMAGINET shall grant the Subscriber access to the Service upon Registration in accordance with the terms and conditions set out in this Agreement.
2. The Subscriber shall pay all Charges due to IMAGINET in both the amount and in the manner set out on the IMAGINET Website and this Agreement.
3. The Charges shall be payable by the Subscriber to IMAGINET as they become due.
4. Payment shall be made by way of debit order, credit card, or in such other manner as determined by IMAGINET.
5. IMAGINET will activate the Subscribers account once the Subscriber has registered.
6. The Subscriber may add to or alter (upgrade, downgrade, or switch) the Services attached to their account, in accordance with this Agreement and relevant Imaginet policies, by way of a written request to the Imaginet Accounts Department – email accounts@imaginet.co.za or fax requests to 0800 001 1101.
7. In order for IMAGINET to activate the Subscriber’s account, the Subscriber shall provide details of a valid Visa, MasterCard or a current cheque or savings bank account, for debit order purposes.
8. Upon the expiry of the payment period, should IMAGINET not have received 1 (one) month’s written notice of termination from the Subscriber, the Subscriber hereby undertakes to make payment for a further payment period provided that the Services are available through IMAGINET. At the end of each payment period, all amounts due to IMAGINET will be recovered from the Subscriber’s specified banking institution by way of IMAGINET’s automated billing system. Though IMAGINET may, upon request by the Subscriber, endeavour to notify the Subscriber in advance of Charges to be recovered, it is the Subscriber’s sole responsibility to ensure that the amount due is available for collection whether or not notification has been received.
9. Charges are non-refundable, except in limited circumstances where this Agreement is properly terminated by the Subscriber where IMAGINET is the "Defaulting Party” or in accordance with clause 9.3 below.
10. Charges for flat-rate services are billed in advance of the payment period.
11. Charges for usage (such as excess web hosting traffic, web hosting disk space, or ADSL usage) are billed monthly in arrears.
12. In the event the Subscriber fails to pay any Charges, IMAGINET shall be entitled to suspend the Services, in whole or in part (at IMAGINET's discretion) from the date when payment was due.
13. The Subscriber shall not be entitled to any setoff, discount, refund or other credit in respect of any suspension or interruption of or delay in the Services, or where in any month the Subscriber has utilised less than any minimum bandwidth specified.
14. Any outstanding charges shall be paid by the Subscriber at the cessation of the Subscriber’s account and the Subscriber agrees that IMAGINET will retain control of any equipment, software or domain names in its possession and / or associated with the account until all payments have been received, except in limited circumstances where this Agreement is properly terminated by the Subscriber where IMAGINET is the “Defaulting Party”.
15. IMAGINET shall be entitled to vary the Charges for or elements included with any Service by giving not less than 30 (thirty) days notice and displaying such changes on the IMAGINET Website. Such notice will be given by email sent to the email address, which the Subscriber registers during sign-up for the Services. In the event that the Subscriber does not agree to any such variation by IMAGINET, the Subscriber shall be entitled to terminate this Agreement at the expiry of the payment period upon 1 (one) month’s written notice to IMAGINET. IMAGINET shall incur no liability whatsoever to the Subscriber or any third party in respect of any termination of this Agreement.
16. Returned and / or refused debit order or credit card charges will be subject to an automatic R50.00 (fifty Rand) reprocessing fee, VAT exclusive.
17. IMAGINET reserves the right to terminate the Services without notice if any payment due is not received timeously.
18. IMAGINET reserves the right to refer to a collection agency any Subscriber who fails to comply with the payment terms in this Agreement for the subscription to the Services.
19. IMAGINET reserves the right to blacklist with any or all credit bureau agencies within the Republic of South Africa any such Subscriber who fails to comply with the payment terms in this Agreement for the subscription to the Services. In addition, IMAGINET shall not be held responsible or be required to assist with the removing or rescinding of any such information, which may be recorded by a credit bureau agency.
20. Invoices will not be sent to subscribers, unless specifically requested. Delivery of invoices will be made by email; however, failure to deliver invoices in a timeous manner does not excuse the Subscriber from the requirement to make payment for any and all Charges due.
21. For the initial payment period a service may or may not be charged on a prorata basis. For details about the initiating Service Charges Policy, contact the IMAGINET Accounts Department by phone on 086 111 1101 or by email at accounts@imaginet.co.za.

1. IMAGINET shall provide the Subscriber with Internet access, email, domain services, and/or web hosting services in accordance with the Subscriber’s choices as set out in the registration form.
2. The Services shall be available to the Subscriber as set out in this Agreement.
3. Various other value added services may be added to the Services from time to time, at which stage the Subscriber may be informed of such services being available.

1. The Subscriber agrees not to use the Service for illegal purposes; not to interfere with or disrupt the Services or servers or networks connected to the Service; to comply with all requirements, procedures, policies and regulations of networks connected to the Service; and to comply with all applicable laws regarding the transmission of technical data exported from the country in which the Subscriber is connecting to the Service.
2. The Subscriber agrees not to transmit through the Service any unlawful, harassing, libellous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind, viruses or worms; not to transmit any material that violates the rights of another, including but not limited to the intellectual property rights of another; not to transmit any material that violates any applicable local, state, national, or international law or regulation; not to attempt to gain unauthorised access to other computer systems or networks connected to the Services; not to transmit "junk mail", "SPAM", "chain letters", “viruses”, “worms” , “Trojans” or unsolicited mass distribution of email.
3. The Subscriber acknowledges that IMAGINET has no knowledge of, nor interest in, nor in any way contributes to, nor approves the creation of the Subscriber’s content as hosted by IMAGINET and published by the Subscriber on the Subscriber’s web site and that hosting or publication of certain kinds of content may be offensive, unlawful, in breach of codes of conduct binding on IMAGINET, violations of legislation (including regulations), violations of the common law generally, and violations of the requirements and rules of any regulatory authority and that hosting and publication of certain kinds of content may cause harm to the name, goodwill and reputation of IMAGINET, its affiliates, and its business partners.
4. Accordingly the Subscriber agrees, if IMAGINET in the exercise of its sole discretion, is of the opinion that the Subscriber’s content is offensive, unlawful, or harmful, as set out above, or the Subscriber has uploaded and utilized illegal or harmful software or licenses, that IMAGINET without derogating from any of its other rights in terms of this agreement or in law, may:
1. request the Subscriber forthwith to remove the offensive, unlawful, or harmful content, as the case may be; or
2. request the Subscriber forthwith to amend or modify the content; or
3. without notice delete the Subscriber’s web site from the server; or
4. without notice terminate access to the Subscriber’s web site.
5. The Subscriber agrees that nothing that IMAGINET does in the performance of its obligations in terms of this Agreement or in the carrying on of its business generally shall be construed as an assumption of responsibility or liability by IMAGINET for the content of the Subscriber’s website or the illegal use of software or licenses and the publication thereof, whether or not IMAGINET had knowledge of such content and the Subscriber hereby indemnifies IMAGINET and holds it harmless against any liability and any claims of whatever nature made by any person for any loss or damage suffered arising directly or indirectly from the hosting and/or publication of the Subscriber’s content or software as well as any other data or software on the Subscriber’s web site.
6. IMAGINET shall use its best endeavours to notify the Subscriber of any action taken in terms of clause 5.4 above, but does not warrant that notice shall be given to the Subscriber prior to such action being taken.
7. IMAGINET shall use its best endeavours to prevent the theft or fraudulent acquisition of sensitive data in its possession, such as Subscribers’ usernames, passwords, and billing details.
8. The Subscriber is solely responsible to prevent the theft or fraudulent acquisition of sensitive data in their possession, including, but not limited to, usernames and passwords used to access the Services.
9. The Subscriber is solely liable for any and all Charges generated as a result of unauthorised use of the Services on the Subscriber’s premises and / or the theft or fraudulent acquisition of sensitive data in the Subscriber’s possession, including, but not limited to, usernames and passwords used to access the Services.

1. The Subscriber shall not cede, assign or delegate or in any manner whatsoever transfer any of its rights or obligations under this Agreement without the prior written consent of IMAGINET. In the event of any change in controlling interest in the Subscriber, IMAGINET shall be entitled to terminate this agreement on notice to the Subscriber.
2. The Subscriber shall notify IMAGINET of any change in its controlling interest within fourteen days of such change.
3. IMAGINET shall be entitled to cede, assign, transfer or delegate all or any of its rights or obligations under this agreement to an affiliate of IMAGINET or to any third party without the Subscriber’s consent.

1. The Subscriber chooses domicilium citandi et executandi ("domicilium") for the purposes of giving any notice, the payment of any sum, the service of any process and for any other purpose arising from this Agreement at the addresses specified in the registration form completed during Registration.
2. IMAGINET’s domicilium is: 16A Henry Street, Grahamstown, Eastern Cape, South Africa, 6139.
3. Each of the parties shall be entitled, from time to time, by written notice to the other to vary their domicilium to any other address within South Africa, which is not a post office box or poste restante, provided that the change will become effective on the fourteenth (14th) calendar day after receipt of the notice by the addressee.
4. Any notice or communication required or permitted to be given in terms of this Agreement will be valid and effective only if in writing and delivered by hand or by post or fax, or sent via email.
5. Any notice to a party contained in a correctly addressed envelope and –
1. sent by prepaid registered post to it at its chosen address will be deemed to have been received, unless the contrary is proved, on the seventh (7th) business day after posting; or
2. delivered by hand to a responsible person during ordinary business hours at its chosen address, will be deemed to have been received unless the contrary is proved, on the day of delivery.
6. Any notice sent by fax or email to a party at its fax number or email address will be deemed unless the contrary is proved, to have been received on the 1st (first) business day following successful transmission thereof.
7. The subscriber shall provide a valid personal email address at all times in order that communications from IMAGINET with regard to services and accounts can be communicated to this personal email address; the obligation rests with the Subscriber to notify IMAGINET of any changes to this personal email address.

1. Subject to the provisions of clauses 3.17 and 5.4.4 above and clause 9.2 below, should either party to this Agreement commit a breach of any of the terms and conditions hereof, and remain in default for a period of seven (7) calendar days after receipt by it of written notice from the other party calling for such breach to be remedied, provided that if such breach cannot be remedied within seven (7) calendar days, then the said period of seven (7) calendar days will be extended for such further period as may be reasonably required in the circumstances to remedy the breach, the aggrieved party will be entitled, without prejudice to any other rights it may have hereunder or in law, to terminate this Agreement, by written notice to that effect given to the defaulting party.

1. This Agreement shall commence upon Registration and continue indefinitely thereafter provided that either party shall be entitled to terminate this Agreement by giving 1 (one) month’s written notice of termination prior to the expiry date of the payment period.
2. In the event that the Subscriber has not paid to IMAGINET the subscription Charges due to it, this Agreement may, at IMAGINET’s sole discretion, be immediately terminated by IMAGINET.
3. IMAGINET may terminate this agreement at any time for whatever reason by giving the Subscriber 1 (one) month’s written notice to that effect, and, providing that the termination does not arise from the Subscriber’s non-compliance with the terms and conditions of this Agreement, the Subscriber will be refunded all subscription Charges paid to IMAGINET for which the Subscriber will not receive access to the Service.
4. It is recorded that the information supplied by the Subscriber to IMAGINET in terms of this Agreement shall be the property of IMAGINET.

1. Although IMAGINET shall use reasonable endeavours to provide disaster recovery, IMAGINET does not specify any recovery time, nor shall IMAGINET be liable for any loss or damage of whatever nature incurred or suffered by the Subscriber from any cause whatsoever as a result of IMAGINET's failure to provide, or delay in providing, or providing only partial, disaster recovery. The Subscriber is accordingly advised to make back-ups of its data. Nothing contained in this clause 10.1 shall be construed as a representation that any back-ups of data implemented by Subscriber will be successful or in any way will avoid disaster.
2. IMAGINET shall use all reasonable endeavours to provide the Services at all times, however, the Subscriber agrees that the Subscriber and any other person or entity whomsoever shall have no claim against IMAGINET and the Subscriber hereby indemnifies and holds IMAGINET free from liability in respect of any loss or damage:
1. caused by or arising from any fact or circumstances beyond the reasonable control of IMAGINET; or
2. if such loss or damage is consequential or incidental loss or damage; or
3. caused by any downtime, outage, interruption in or unavailability of the server, system or the IMAGINET network as a result of or attributable to any of the following causes:
1. any service, repairs, maintenance, upgrades, modification, alterations or replacement of hardware or software, or any faults or defects of whatever nature in the hardware or software including any work of any nature done by any third party;
2. system downtime for any reason (including, but not limited to, service, repairs, routine maintenance, agreed maintenance, environmental maintenance, upgrades, modifications, alterations, replacement or a relocation of premises);
3. the damage, contamination or corruption of any kind of the server or any of the Subscriber's data, material, information and/or content howsoever occasioned;
4. any inaccuracies in the impression statistics given to the Subscriber or in the page counter on the Subscriber's web site if any;
5. any breakdown of whatever nature and howsoever arising in any of the services provided by Internet Solutions and/or Telkom (including, but not limited to, line failure) or in any third party services;
6. the non-performance or unavailability, of whatever nature and howsoever arising, of external communications networks to which the server or the IMAGINET network is connected;
7. any infringement of the Subscriber's rights of privacy and/or any other like rights (including those of any other person or entity), by any person whomsoever arising from the hosting of the Subscriber's web site in terms of this agreement;
8. any breach of security by any third party or any breach of confidentiality by a third party or otherwise arising from any access howsoever obtained by a third party to the Subscriber's information, data or content;
9. without limiting the aforegoing, as a result of any fact, cause or circumstances whatsoever and howsoever arising, if IMAGINET has substantially performed its obligations under this agreement.
3. IMAGINET assumes no responsibility for the failure of any email delivery or the loss of any email, and IMAGINET does not retain copies of any emails once they have been sent or retrieved by the Subscriber.
4. The Subscriber or any other person or entity shall have no claim against IMAGINET for any loss or damage whether consequential, incidental, indirect or special (including, without limitation, business interruption, loss of information, loss of data or other pecuniary loss), regardless of whether such liability is based on breach, delict, strict liability, breach of implied warranties, terms and conditions or otherwise and even if advised of the possibility of such damages.
5. Without limiting the generality of the above the Subscriber indemnifies and holds IMAGINET harmless against losses, injury, damage, penalties, costs on attorney and own Client scale, or claims of whatever nature howsoever arising from or in connection with the Services hereby made available by IMAGINET.
6. IMAGINET reserves the right to take whatever action it deems necessary at any time to preserve the security and reliable operation of the IMAGINET network and the Subscriber undertakes not to do or permit anything to be done which will compromise the security of the IMAGINET network.

1. No failure by a party to enforce any provision of this Agreement will constitute a waiver of such provision or affect in any way, a party's right to require the performance of such provision, at any time in the future, nor will a waiver of a subsequent breach nullify the effectiveness of the provision itself.
2. No party shall be bound by any express or implied term, representation, warranty or the like which is not recorded in this Agreement.
3. These terms and conditions may change from time to time at the sole discretion of IMAGINET and without prior notice to the Subscriber. The Subscriber may obtain an updated version of the terms and conditions on the IMAGINET Website or by requesting a copy by email at info@imaginet.co.za.

1. This Agreement will be governed, construed and take effect in all respects in accordance with the laws of the Republic of South Africa.

1. IMAGINET shall, at its discretion, in accordance with the Subscriber’s instructions, as set out in the registration form and / or as specified on the IMAGINET Website, procure the registration, transfer, modification and / or forwarding of a domain name for the Subscriber.
2. The Subscriber acknowledges that the registration, transfer, modification and / or forwarding of a domain name is subject to the rules and regulations of the authority responsible for domain registrations and that IMAGINET cannot guarantee the registration of the domain selected by the Subscriber.
3. The Subscriber hereby warrants being the lawfully entitled owner of the domain name, or has the consent of the owner to use such domain name and that in using the domain name it has not violated any intellectual property rights of whatever nature of any person who may lawfully claim title of whatever nature to such domain name and hereby indemnifies and holds IMAGINET free from any liability and any claims of whatever nature howsoever arising as a result of the use of the domain name.
4. Domain name registration Charges are non-refundable once a domain name has been registered by IMAGINET on behalf of the Subscriber, including, but not limited to the case where a mistake has been made by the Subscriber (for example, a misspelling of the domain name).

1. IMAGINET shall provide the Subscriber with an SMTP/POP3 email spooling service in accordance with the Subscriber’s choices as set out in the registration form and at such charges as specified therein.
2. The charge for SMTP / POP3 email spooling service does not include SMTP server set up costs.
3. IMAGINET assumes no responsibility for the failure of any email delivery or the loss of any email.
4. The Subscriber undertakes to take all reasonable steps to prevent the SMTP/POP3 spooling service from being used as a relay and IMAGINET reserves the right to suspend or terminate the service if relaying occurs until such time as the Subscriber has taken steps to prevent the relaying.
5. IMAGINET will include Email Anti Virus scanning by default for all subscribers. Whilst IMAGINET shall make every effort to keep the Anti Virus definitions updated to detect the latest known viruses, IMAGINET cannot guarantee that every email virus will be blocked prior to email delivery to the intended recipient.
6. IMAGINET will include Email SPAM blocking by default for all subscribers. Whilst IMAGINET shall make every effort to block SPAM and avoid mistakenly identifying valid email as SPAM, IMAGINET cannot guarantee that every SPAM email will be blocked prior to email delivery to the intended recipient, nor can IMAGINET guarantee that valid email will not be blocked when it is mistaken for SPAM.
7. The Subscriber shall be responsible for ensuring that the Subscriber’s equipment is protected against viruses, and that their operating systems are regularly patched and updated.
8. IMAGINET may, at its discretion, occasionally send marketing materials via email to the Subscriber. If the Subscriber does not wish to receive IMAGINET marketing materials, the Subscriber may request exclusion from receipt of such marketing materials by sending a written request by post, fax, or by email to accounts@imaginet.co.za. However, the Subscriber agrees that any important system or service notifications that could affect the Subscriber’s service will be sent via email, regardless of the Subscriber’s preference for marketing materials.

1. The Subscriber shall be solely responsible for the purchase, management, security, and maintenance of all relevant computer equipment, networking equipment, modem, operating system, software, and all Telkom rental and phone call costs used to connect to the Internet.

1. The Subscriber shall be solely responsible for the purchase, management, security, and maintenance of all relevant computer equipment, networking equipment, modem, operating system, software, and all Telkom rental and phone call costs used to connect to the Internet.
2. ADSL is a “best effort” service. As a result of IMAGINET’s dependence upon Telkom for the provision of ADSL, IMAGINET cannot guarantee throughput speeds, availability, or its usefulness for any application.
3. In the case of all capped ADSL services, such as Capped @, ADSL Express, and ADSL Express Plus, once the Subscriber’s usage equals or exceeds the included traffic allowance during any calendar month, the service will cease to function until the end of the current calendar month.
4. In the case of all usage-based services, such as ADSL Freestyle and ADSL Freestyle Plus, no limit is placed upon the usage by the Subscriber and, therefore, the Subscriber is liable for all usage Charges.
5. As set forth in clauses 5.8. and 5.9. above, it is the Subscriber’s sole responsibility to secure their PC, network, and ADSL equipment against the theft of sensitive data. The Subscriber is solely responsible for all Charges (usage or other) generated as a result of the unauthorised use of the Services on the Subscriber’s premises and / or the theft or fraudulent acquisition of sensitive data in the Subscriber’s possession, including, but not limited to, usernames and passwords used to access the Services.
6. IMAGINET will, upon request by the Subscriber to IMAGINET Technical Support, assist the Subscriber with the technical aspects of securing an ADSL connection against common practices used in the theft of usernames and passwords and / or bandwidth theft; however, any such assistance by IMAGINET shall not constitute a waiver of nor shall it contravene clauses 5.8., 5.9., or 16.5. Because IMAGINET has no direct control over the Subscriber’s equipment or security practices, IMAGINET can not be held liable for any failure in security on the Subscribers premises or equipment, even if advice has been offered.

1. IMAGINET shall, in accordance with the Subscriber’s choices, as indicated during the registration process, host the Subscriber's website on the server and provide such platform and features as described on the IMAGINET Website.
2. IMAGINET shall permit the Subscriber and Internet users access to the Subscriber’s website, limited to a maximum monthly data traffic allowance as described on the IMAGINET Website. By default, the monthly traffic allowance for all Web Hosting services is hard-capped, meaning, should the monthly traffic allowance be reached or exceeded, the Subscriber’s web hosting service (website and email, where applicable) will cease to function for the remainder of the calendar month. Alternatively, the Subscriber may request one of the following options:
1. In the case of the Corporate Web Hosting service, the Subscriber may request an automatic usage-based service for excess traffic, whereby a surcharge in the amount of R0.25 per megabyte shall be levied for all data traffic in excess of the included traffic allowance;
2. In the case of a Subscriber who makes use of any hosting service other than the Corporate Web Hosting service, the Subscriber may request an upgrade to next higher hosting service.
3. IMAGINET shall permit the Subscriber access to the Subscriber’s website, limited to a maximum monthly disk space allowance as described on the IMAGINET Website. By default, the monthly disk space allowance for all Web Hosting services is hard-capped, meaning, should the monthly disk space allowance be reached or exceeded, the Subscriber’s web hosting service (website and email, where applicable) will cease to function for the remainder of the calendar month. Alternatively, the Subscriber may request one of the following options:
1. In the case of the Corporate Web Hosting service, the Subscriber may request an automatic usage-based service for excess disk space, whereby a surcharge in the amount of R0.25 per megabyte shall be levied for all data in excess of the included disk space allowance;
2. In the case of a Subscriber who makes use of any hosting service other than the Corporate Web Hosting service, the Subscriber may request an upgrade to next higher hosting service.
4. IMAGINET will take such steps as it regards as reasonable to secure the Subscriber's website from unauthorised access;
5. IMAGINET shall not be liable for any illegal software or licenses used by the Subscriber.
6. The provision and costs of development, design and/or maintenance of the Subscriber’s website, including HTML, ASP, PHP, or other coding, are not included in the charges for Web Hosting as set out in the IMAGINET Website, the registration form and this Agreement unless otherwise specified.

1. The Subscriber may telephone the IMAGINET Call Centre on 086 111 1101 or send email to support@imaginet.co.za in order to obtain technical assistance on Internet access and / or Web Hosting related issues. The subscriber shall be responsible for all telephone call costs.

1. 10% discount applies to the first month's bill only.
2. Discount applies to new clients only.
3. 10% does not apply to any account which already has discount services, regardless of the reason for this discount.
4. 10% discount only apply for the months September 2009, October 2009 and November 2009.
5. 10% does not apply to Imaginet staff members.
6. Promotional code must be enter into the "Promotion Code Field" on the online application form or written at the top of the manual application form to apply.