INTRODUCTION

Last updated: 04 March 2016

By creating an account, you agree to our Terms of Service (the "Agreement" or "Terms") which is an agreement between Infinny ("Infinny" or "us" or "our") and you ("User" or "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Infinny and of the Infinny.com website (collectively, the "Services"). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services. Please read carefully to ensure you understand our terms before purchasing any of our products or services. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.

ADDITIONAL POLICIES AND AGREEMENTS

Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.

1. Acceptable Use Policy

2. Privacy Policy

TERMS

ACCEPTABLE USE

All Users are responsible for monitoring their storage space and bandwidth transfer each month. Users who go over the limit of their account will be sent an email with the option to either upgrade their account or reduce storage. If Users continue to go over, we will do everything possible to fix the problem. We do hold the right to ban accounts for continuous problems in-line with our Acceptable Use Policy. If customers sign up for an account and cancel it within the first month they will still be charged for the full first month.

SERVICES

Infinny agrees to provide the services stated for the price agreed at any given time. We do not mislead customers with hidden costs. Infinny reserves the right to add, amend or terminate products and services if it is in the best interest of the company.

ACCOUNTS

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Agreement, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. By registering for or using the Services, you represent and warrant that:

1. You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.

2. If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.

PAYMENTS

Renewal notices are emailed three days before the actual renew date in your account. If you use a credit card you do not need to concern about manual payments, settling your monthly service fee once will create a recurring subscription. All accounts are set up on a pre-pay basis. If payment is not received on the due date, the Service to you will be terminated. Infinny reserves the right to change prices at any time, unless other terms have been agreed upon. You are responsible for all fees owed on the account from the time it was established to the time that you notify us to request for termination of services. We are based in Johannesburg, South Africa and our primary website currency is ZAR. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically renew at this length unless cancelled beforehand. There is no fee for cancelled accounts that have been paid for yearly. If you cancel an account on the monthly billing cycle we cannot refund any payments made before. Annual payments and credits are non-refundable. SSL Certificates, Domain Registration, Domain Transfer and Domain Renewal Fees are non-refundable. Transaction fees on payments are non-refundable. Positive credit balances can only be applied towards outstanding service orders generated on our system. If you signed up for a service which is no longer offered OR in the event of a service fee / service specification misprint you will be refunded in full. Accounts not settled within 30 days after they are due will be removed from the system.

PROMOTIONAL RATES & SPECIAL OFFERS

Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price. Infinny may offer subsequent promotional rates or special offers, the terms of which may or may not be more favourable than the terms and conditions for your Services. Any such promotions or modifications shall not affect your obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together. We have various special promotions that include a free domain name. The cost of this domain name is usually covered by the first month's payment. As a result of this our promotions are not refundable and are not covered by our 30-day money back guarantee.

PRICE CHANGE

Infinny reserves the right to change prices, the monthly payment amount, or any other charges at any time. We will provide you with at 30 days notice before charging you with any price change. It is your sole responsibility to periodically review billing information provided by Infinny through the user billing tool or through other methods of communication, including notices sent or posted by Infinny.

LINKS TO OTHER WEBSITES

Our Service may contain links to third-party web sites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

STATIC & DYNAMIC CONTENT CACHING

You expressly grant to Infinny a license to cache the entirety of your website, including content supplied by third parties, hosted by Infinny under this Agreement and agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

IP ADDRESS OWNERSHIP

Infinny Hosting shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Infinny. Infinny reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

TECHNICAL SUPPORT BOUNDARIES

Infinny provides technical support for you that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers within our immediate responsibility and any other hosting related issues. We do our best to help with scripts, templates and programming languages. However, under no circumstances is Infinny obligated to help you in the installations of new application modules and/or templates, nor in providing assistance for any errors produced by any applications that have been modified by you previously.

REQUEST FOR RESTORE OF HOSTING PACKAGE

During any service term, the User may request up to one free restore for any reason of choice. If a customer should need to request a restore after this a R50.00 one-time fee will be enforced.

UPTIME GUARANTEE

This 99.99% uptime guarantee applies to any User in good financial standing with Infinny at the time of a service outage. Infinny endeavours to have the content of your website available for http access by any party in the world 99.99% of the time. Network downtime ("unavailability") is defined as 100% packet loss from Infinny Hosting to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via Infinny Hosting's online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by logging a support ticket with the Infinny support department. Infinny's administrators will determine the end of the downtime by a traceroute the applicable server from outside the Infinny network.

ELECTRONIC COMMERCE

You will be solely responsible for the development, operation and maintenance of your online store and products along with all content and materials appearing online or on your products, including without limitation:

1. The accuracy and appropriateness of content and materials appearing within the store or related to your products, ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party.

2. Ensuring that the content and materials appearing within the store or related to your products are not libellous or otherwise illegal. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from. You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your website.

DISCLOSURE TO LAW ENFORCEMENT

Infinny may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.

PRIVACY STATEMENT

Infinny follows the strict guidelines of our Privacy Policy. Please make sure you understand this statement fully.

FORCE MAJEURE

A party is not liable for failure to perform the party's obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service.

DISCLAIMER

Infinny shall not be responsible for any damages your business may suffer. Infinny makes no warranties of any kind, expressed or implied for the Services. Infinny disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by Infinny or our employees.

WAIVER

No failure or delay by you or Infinny to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Infinny, our affiliates, and their respective officers, directors, employees and agents (each an "Indemnified Party" and, collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties. The terms of this section shall survive any termination of this Agreement.

LIMITATION OF LIABILITY

IN NO EVENT WILL INFINNY ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF INFINNY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, INFINNY'S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO INFINNY FOR THE SERVICES IN THE 3 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

TERMINATION

Infinny may terminate your access to the Services, in whole or in part, without notice in the event that:

1. You fail to pay any fees due.

2. Infinny reasonably believes that the Services are being used in violation of the AUP.

3. The User fails to cooperate with any reasonable investigation of any suspected violation of the AUP

4. Infinny reasonably believes that the suspension of the Services is necessary to protect its network or its other customers.

5. As requested by a law enforcement or regulatory agency.

6. Your conduct may harm Infinny or others or cause Infinny or others to incur liability, as determined by Infinny in our sole discretion.

In such event, Infinny shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, Infinny may charge you for all fees due for the Services for the remaining portion of the then current term. UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.

Both parties have the right to cancel this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.

SEVERABILITY

If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.

ENTIRE AGREEMENT

This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.

GOVERNING/LAW DISPUTES

The Agreement shall be governed by the laws of the Republic of South Africa, as applicable.

CHANGES TO THE AGREEMENT

Infinny may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the Infinny website for at least seven (7) days after the changes are posted and will indicate in this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.

CONTACT US

If you have any questions about this Agreement, please contact us at hello@infinny.com.