Terms & Conditions

Magic Bullet Media CC is the owners of New Woza Online. This Agreement is between Magic Bullet Media CC a South African company with its principal office located in Pretoria, and the client named hereafter. Magic Bullet Media CC agrees to provide, and Client agrees to accept through Magic Bullet Media CC, access to Web Hosting services according to the following terms and conditions:

1. TERM AND COMPENSATION

   1. The parties agree to a month-to-month contract.
   2. Client’s account will be automatically billed via a debit order between the 1st and the 7th day of every month.
   3. A one-time fee (R50.00) will be charged to the Client if authorization cannot be obtained or Debit is returned or unpaid. If authorization or payment cannot be obtained by the due date, Magic Bullet Media CC, at its sole discretion, also has the option to terminate or otherwise deactivate the Client’s account without any notice.

2. DISCLAIMER OF WARRANTY

   1. Magic Bullet Media CC’s service is provided on an “as is, as available” basis. Due to Magic Bullet Media CC’s relationship with on line networks, the Magic Bullet Media CC gives no warranty, expressed or implied, for the web hosting services provided, including without limitation, warranty of the merchantability and warranty of fitness for a particular purpose. This disclaimer of warranty expressly disclaims any right to reimbursement for direct or consequential losses, including but not limited to losses of income, due to disruption of service by Magic Bullet Media CC or beyond the fees paid by the client to Magic Bullet Media CC for services.
   2. Client expressly agrees that use of Magic Bullet Media CC’s service is at Client’s sole risk. Magic Bullet Media CC, its employees, affiliates, agents, third party information Magic Bullet Media CC’s merchants licensers or the like, indicate Magic Bullet Media CC’s Web Hosting service may be interrupted and is not likely to be error free. Magic Bullet Media CC makes no warranty as to the results that may be obtained from the use of the Web Hosting service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Web Hosting service, unless otherwise expressly stated in this Agreement.
   3. Under no circumstances, including negligence, shall Magic Bullet Media CC, its offices, agents or anyone else involved in creating, producing or distributing Magic Bullet Media CC’s Web Hosting service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Magic Bullet Media CC’s Web Hosting services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Magic Bullet Media CC’s records, programs or services. Client maintains sole responsibility for data backups and restoration. Client hereby acknowledges that this paragraph shall apply to all content on Magic Bullet Media CC’s Web Hosting services.
   4. Use of any information obtained by way of Magic Bullet Media CC is at Client’s own risk, and Magic Bullet Media CC specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and does not represent guarantees of available end to end bandwidth.
   5. Magic Bullet Media CC disclaims liability for any damages arising from Client’s use of Magic Bullet Media CC or by Client’s Server(s). Magic Bullet Media CC disclaims liability for Client’s data, files, or directories residing on Magic Bullet Media CC’s equipment or its Magic Bullet Media CC’s equipment. Client is solely responsible for maintaining data, file, and directory structure back-ups.
   6. Notwithstanding the above, Client’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate Rand amount which Client paid during the term of this Agreement.
   7. It is the responsibility of the Subscriber to make sure that mail spooled on Magic Bullet Media CC servers are retrieved at least once a week, as the Mail Spool File gets cleared every 5 days. Magic Bullet Media CC will not be held responsible for any mail lost due to non-retrieval.

3. TRADEMARKS AND COPYRIGHTS

   1. Client warrants that it has the right to use the applicable trademarks of Client, and grants to Magic Bullet Media CC the rights to use such trademarks, if any, in connection with Magic Bullet Media CC’s motion of, referencing of, cataloguing of, or indexing of Magic Bullet Media CC’s Web Hosting clients.
   2. Client hereby agrees that any material submitted for publication on Magic Bullet Media CC through client’s account(s) will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libelous or harmful. Client will hold Magic Bullet Media CC harmless and indemnify Magic Bullet Media CC from any damages, fines, or costs, including attorney fees, which may arise from any such violation or infringement.

4. CAPACITY

   1. Client certifies that he or she has full right and authority to enter into this agreement to bind Client hereto.

5. INTERNET ETIQUETTE

   1. Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. Magic Bullet Media CC is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network Magic Bullet Media CC or its customers may utilize.
   2. Use of distribution lists via unsolicited electronic mail or other electronic mailings is strictly prohibited. Magic Bullet Media CC reserves the right to deactivate the Client’s Web Hosting account(s) upon an indication of such activity. Client hereby agrees to indemnify and hold harmless Magic Bullet Media CC from any claim resulting from the Client’s or another party’s use of electronic mail service(s) on the Client’s Web Hosting account(s).

6. TERMINATION / CANCELLATION OF SERVICES

   1. This Agreement may be terminated by either party. Outstanding invoices are not affected by termination. Magic Bullet Media CC may terminate service under this Agreement at any time, without penalty, if Client fails to comply with the terms of this Agreement.
   2. The subscriber shall provide one calendar month's notice in writing to terminate any services with Magic Bullet Media CC.
   3. Cancellations are not deemed valid unless the client is in possession of a valid cancellation document provided by Magic Bullet Media CC acknowledging cancellation.

7. INDEMNIFICATION

   1. Client hereby agrees that any material submitted for publication on Magic Bullet Media CC through client’s account(s) will not contain anything leading to an abusive or unethical use of the web hosting product(s) or the host server(s). Abusive and unethical materials and uses includes, but is not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity, or material advocating illegal activity, and any infringement of privacy or libel.
   2. Client agrees that it shall defend, indemnify, save and hold Magic Bullet Media CC harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against Magic Bullet Media CC, agents, its clients, servants, officers and employees, that may arise or result from publication or use of client’s materials, any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Magic Bullet Media CC against Liabilities arising out of (i) any injury to person or property caused by any products or services sold or otherwise distributed in connection with Magic Bullet Media CC’s Web Hosting service; (ii) any material supplied by Client infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on the Web Hosting.
   3. Magic Bullet Media CC servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots. The Client agrees to indemnify and hold harmless Magic Bullet Media CC from any claims resulting from the use of the service that damages the Client or any other party.
   4. Magic Bullet Media CC will be the sole arbiter as to what constitutes a violation of this provision.

8. HIGH RESOURCE USER POLICY

   1. Resources are defined as bandwidth and / or processor utilization.
   2. Magic Bullet Media CC may implement the following policy at its sole discretion:
   3. When a website is found to be monopolizing the resources available Magic Bullet Media CC reserves the right to suspend that site immediately or renegotiate the current hosting package in accordance to the use. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers.

9. ENTIRE UNDERSTANDING

   1. This Agreement contained in this Contract constitutes the sole agreement between Magic Bullet Media CC and Client regarding its Web Hosting service. It is construed in accordance with the laws of South Africa. Any litigation or lawsuits incidental to this Agreement shall be filed and be determined in South Africa unless otherwise agreed to in writing by Magic Bullet Media CC.
   2. Client will use the Web Hosting services in a manner consistent with any and all applicable laws of South Africa.
   3. Neither Magic Bullet Media CC nor its employees or agents shall in any circumstances, including negligence of any degree on their part and including a breach by Magic Bullet Media CC of its obligations in terms of this Agreement, be liable to the Client or any other person for any indirect or consequential loss, including but not limited to loss of profits.
   4. This Agreement contains all of the express provisions agreed upon by the parties with regard to the subject matter thereof, and the parties waive the right to rely on any alleged express provisions not contained herein.
   5. The Client may cede any of its rights or delegate or assign any of its obligations in terms of this Agreement without the prior written consent of Magic Bullet, which will not be unreasonably withheld.
   6. Headings or clauses are inserted for the purposes of convenience only and shall be ignored in the interpretation of this Agreement.
   7. These standard terms and conditions and the Agreement between Magic Bullet and the Advertiser shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.