Terms of Service
1. Scope Of Agreement
Come Alive (hereafter referred to as CA) hereby sells the service to the User on the terms and conditions contained herein. The User is deemed to have read and irrevocably accepted the terms and conditions. CA reserves the right to modify the terms and conditions at any time, effective upon posting of the modified terms and conditions to this URL:
1.1 It is the User’s responsibility to ensure their awareness of any such changes.
2. Interpretation In these terms and conditions:
2.1 “The User” means the party who has purchased the service and/or any person using the service.
2.2 “The service” means the service provided by CA to the User in accordance with the terms and conditions contained herein.
3. Provision of Service
3.1 The User shall be solely responsible for provisioning, configuration and maintenance of all his/her equipment, including (but not limited to) computer hardware equipment, telecommunication equipment, modems and the like, utilized by the User to obtain and retain access to the required service(s).
3.2 The User shall be liable for all telephone call charges and other third party costs incidental thereto.
3.3 CA offers various services to the User, theses services do carry terms and conditions separate to what is noted in this agreement. Refer to point 12 for service specific terms and conditions.
4. Network & Availability of Services
4.1 The CA Network may be used to link into other networks worldwide and the User agrees to conform to the acceptable use policies of these networks.
4.2 The User may not circumvent user authentication or security of any host, network, or account (referred to as “cracking” or “hacking”), nor interfere with service to any user, host, or network (referred to as “denial of service attacks”).
4.3 Without prejudice to the a foregoing, CA considers that any application that overloads the CA Network by whatever means will be considered as making profligate use of the CA Network and is as such NOT allowed. Use of IP multicast other than by means provided and co-ordinated by CA is likewise prohibited.
4.4 Users who violate systems or network security may incur criminal or civil liability. CA will fully co-operate with investigations of suspected criminal violations, violation of systems or network security under the leadership of law enforcement or relevant authorities
4.5 CA shall make every effort to make the service available at all times and shall use its utmost endeavors to strive for 100 % (one hundred percent) ” best effort” uptime. CA is, however, unable to, and does not, guarantee 100 % (one hundred percent) uptime.
4.6 CA shall strive at all times to provide Users with prior notice, where possible, of scheduled maintenance so as to avoid Users having to log-off for any period
4.7 CA shall not be responsible for the performance of external communications networks to which the service is connected, and which networks include the networks of Internet Service Providers other than itself.
4.8 The User accordingly indemnifies CA against all claims that may arise as a result of CA being unable to make its service available to the User under the circumstances described in this clause.
4.9 CA will provide the service strictly subject to the terms and conditions prescribed by ICASA.
4.10 CA shall be entitled to suspend the Services if, during the User’s use of the Services, the CA network is or potentially may be jeopardized, harmed and/ or impeded. However, should CA be able to notify the User and/ or assist the User prior to the said suspension, CA undertakes to provide the same.
4.11 CA provides a usage based ADSL service. Usage is calculated by INTERNET SOLUTIONS, and such usage is considered as being accurate. CA shall not be held responsible for any bandwidth loss or theft, as it is the customer’s responsibility to ensure proper management of their usage.
4.12 Local Usage: The local usage provided after the initial cap has been depleted is capped at 30GB’s. Once your account has reached a maximum of 30GB’s, the account will be hard capped until the following month. Additional accounts can be purchased, at The Users discretion.
4.13 Payment of your account is due on the 1st of each month, paid in advance for the following month’s access. Accounts purchased within a month, will only last until the end of the month it was purchased in.
4.14 By logging in to your account, you automatically agree to these terms of service.
5. User Etiquette & Illegal Use
5.1 The User acknowledges and agrees that users are expected to abide by generally accepted Netiquette.
5.2 The User acknowledges that CA is unable to exercise control over the content of the information passing over the CA Network. Therefore, CA is not responsible for the content. The CA network may only be used for lawful purposes. The User shall accordingly not use the service in any manner which:
5.2.1 Constitutes a violation of any law, regulation or tariff that may be in force in South Africa or elsewhere;
5.2.2 Constitutes an act or omission that is generally unacceptable or offensive to Internet users in general, to the public at large or as same may be determined from time to time by CA in its sole discretion, specifically including (but not limited to) the hosting of pornographic or other obscene material, spamming, hacking, unsolicited mailing or the use of material that violates export control laws;
5.2.3 Is defamatory, fraudulent or deceptive;
5.2.4 Is intended to threaten, harass or intimidate;
5.2.5 Tends to damage the name or reputation of CA;
5.2.6 Interferes with the use and enjoyment of Internet related services of Users of CA;
5.2.7 Forwards or propagates chain letters or malicious e-mail; and/or
5.2.8 Solicits mail for any other address other than that of the User, except with full consent of the owner of the referred address.
5.3 The User undertakes to abide by all laws applicable to copyright, re-distribution or re-sale of any data and/or information retrieved from the service and/or the Internet. Use, transmission, distribution or storage of any material protected by copyright, trademark, trade secret or other intellectual property right without proper authorization, is prohibited.
5.4 The User shall not, without the express written permission of CA , resell or make available to any third party such services as they might receive from CA.
5.5 The User acknowledges that third party product and service providers advertise their products and services on the CA web site. Open ISP CC forms partnerships or alliances with some of these vendors from time to time in order to facilitate the provision of these products and services to the User. However, the User acknowledges and agrees that at no time is CA making any representation or warranty regarding any third party’s products or services, nor will CA be liable to the User or any third party for any claims arising from or in connection with such third party products and services.
5.6 The User shall indemnify and keep CA indemnified from any claim howsoever arising (lawful or otherwise), brought by any third party resulting from the User use of the CA network and/or the telecommunication line and/or the Service. The User will pay all costs, damages, awards, fees (legal fees on an attorney and own client scale whether incurred prior to or during the institution of legal proceedings or if judgment has been granted, in connection with the satisfaction of such judgment) and judgments finally awarded against CA arising from such claims, and will provide CA with notice of such claims, full authority to defend, compromise or settle such claims and all reasonable assistance necessary to defend such claims, at the User’s sole expense. CA agrees that any actions taken by CA in respect of such claims will be taken in consultation with the User, subject to CA being entitled to run all legal proceedings.
6. Payment for Services
6.1 The User shall pay to CA a monthly subscription as set out in the tariff guide appearing at https://www.comealive.co.za/ or as noted on the service related contract.
6.2 Subscriptions are payable monthly in advance by the User to CA. Payment is to be rendered without deduction or demand by way of debit order, or electronic transfer. This amount is non-refundable.
6.3 Should the aforesaid payment not be paid by the end of the month preceding the month of usage, the service will be terminated forthwith. This is an automatic process, automated notification will be given to the User in advance the impending suspension of services.
6.4 In the event of a defaulting User wanting to make use of the service at any stage after being terminated, a reconnection charge can/will be levied.
6.5 Adhoc and monthly service fees can/may be paid via CA’s merchant facilities where agreed upon in advance in accordance with CA’s discretion.
6.6 All payments for services shall be made payable to CA in South African Rands (ZAR).
7. Suspension / Disconnection of Services
7.1 CA may at its sole discretion from time to time and without notice, suspend or disconnect a User from the Service in any of the following circumstances:
7.2 During any technical failure, modification or maintenance of the Service, provided that CA will use its reasonable endeavors to resume the Service as soon as possible;
7.3 Should the User fail to comply with any of the Terms and Conditions of this agreement;
7.4 CA reserves the right to levy a re-connection charge, an amount determined and calculated at the discretion of CA , payable by the User on invoice, for any request to be re-connected to the Service, and irrespective of how the Service was suspended or disconnected.
7.5 Notwithstanding any suspension of the Service in terms hereof, the User shall remain liable for all charges due throughout the period of suspension unless CA in its sole discretion determines otherwise in writing.
8. Termination of Service For the immediate termination of a defaulting User the following notice periods will apply:
8.1 1 Calendar months notice (the 1st of every month only or anytime during the previous month) written notice for all services.
9. Regulatory Compliance
The User undertakes to comply with all regulatory obligations that may now or in the future be imposed by the body under whose authority the service falls. The User furthermore acknowledges that the imposition of regulatory obligations by such body may necessitate amendments to be effected to these terms and conditions and hereby consents to CA effecting such amendments without prior notice.
The User hereby indemnifies and holds CA, its employees, agents, dealers and/or distributors harmless against any and all losses, injury, damage, penalties and/or claims of whatsoever nature and howsoever arising from or in connection with the service.
11.1 The User acknowledges and agrees that these terms and conditions govern the Users use of the service and that there are no other agreements, guarantees or representations, either verbal or in writing, in regard thereto.
11.2 The User shall not, without the express written permission of CA, resell or make available to any third party such services as they might receive from CA.
11.3 These terms and conditions may change from time to time. The User may view such terms and conditions at https://www.comealive.co.za/ and unless otherwise notified, CA shall deem that the User has acknowledged and agreed thereto within 14 (fourteen) days of such changes being effected.
12. CA Service Specific Terms and Conditions
12.1 Content Management Engine The website will be developed and hosted on the CA Content Management Engine. Should the website subsequently be hosted elsewhere, certain functionalities that are driven by the Engine may cease to function properly. The User (here after referred to as ‘I’) can insert content not available at the commencement of development at a later stage. I understand that the development can’t wait for content. The Engine caters for easy uploading and changing of data. I understand that CA has copywriting and photography services available.
12.2 Internet Service Provider
12.2.1 It is assumed that CA will maintain control of any newly registered domains on your behalf. Should the DNS records need to point elsewhere, kindly advise us in advance.
12.2.2 CA subscribes to the Terms and Conditions set out by the Registrar / their governing bodies. Please click here http://www.icann.org/dndr/udrp/policy.htm to keep up to date with these policies.
12.3 Development Process
12.3.1 I understand that that my website will be developed by a team of people in a production line. I will be allotted time-slots within the Engine Room to develop my website. My input is required during the development process to ensure that allotted times are fully utilized.
12.3.2 Artwork, content and website approvals, feedback and changes need to happen within 48 hours.
12.3.3 Subsequent changes to the brief and approved artwork may incur additional fees.
12.4 Fees & Payment
12.4.1 Payment for development fees are based on a 50% deposit, and the balance payable on completion of the development of the website. Hosting fees are payable monthly in advance. Hosting fees paid annually are reduced to 11 months.
12.4.2 Hosting and support charges will commence once the development of the website has been completed.
12.4.3 Websites are activated once the development fees are paid in full.
12.4.4 The deposit is non refundable if development has commenced.
12.4.5 Fees for services may increase / decrease from time to time. All clients will be notified of such accordingly.
12.5 Hosting & Support
12.5.1 Your monthly hosting fees includes ongoing support, bandwidth and hosting of your website.
12.5.2 Your website will be hosted on a 1st Tier ISP backbone.