Definitions and Interpretation of this Agreement

1       Definitions and Interpretation of this Agreement”

This “Agreement” will be governed by and construed in accordance with the law of the Republic of South Africa.

 

In this “Agreement”, unless the context requires otherwise:

This “Agreement” has no preference over gender or race.

Words importing any one gender will include the other gender; the singular will include the plural and vice versa; a reference to natural persons will include created entities (corporate or un-incorporate) and vice versa.

Words and expressions defined in any clause will, for the purposes of that clause, bear the meanings assigned to such words and expressions in such clause.

If any provision is a substantive provision conferring rights or imposing obligations on any “Party”, notwithstanding that it is only in a definitions clause, effect will be given to it as if it were a substantive provision in the body of the “Agreement”.

Clause headings have been inserted for convenience only and will not be used for nor assist or affect its interpretation, where a clause number is cited, it will be deemed to include reference to all sub-clauses of that numbered clause.

The rule of construction that an “Agreement” will be interpreted against the “Party” responsible for its drafting or preparation will not apply.

 

Agreement” means “Agreement”, “T&C’s”, “Privacy policy”, “Support policy”, “Registrar policy”, “ICANN policy”, “Data Policy”, “Cloud Policy”, “Acceptable Usage Policy”, “Mass marketing policy”, “Metrix Chain Policy”, this “Agreement”, included with all the “Attachments” to this document forms the relationship between “The Parties” in order to agree on the “Agreement” set forward in this document and to ensure protection of “The Parties Copyright”, “Patents” and “Intellectual Property” and “Working Relationship”.

 

1.1  Business to Business Agreement”

IW Products and Services” are not “Consumer “Products” and Services”, as their setup requires specialist webmaster and “Server” administrator skills, and not limited to self-learned skills, skills obtained through certified training with “IW” or skills obtained from accredited institutions.

 

“The Client” acknowledge that this is not a business-to-consumer “Agreement” but a “Business-to-Business Agreement” and excluded by the “Consumer Protection Act”, “CPA” by default. It is not “IWs” duty to perform financial checks whether to determine if “The Client Business Values” indeed qualify under the “CPA” and it became The Clientduty to inform and proof to “IW” that you indeed qualify. “IW” refers the right to request audited financial statement if “The Client” request to be protected under the “CPA”. It is expressly stated that this “Agreement” is governed by the “Electronic Communications and Transactions Act of 2002”, “ECT”, whichever version is the latest.

 

1.2  The Client” means the entity registered and accepting this “Agreement” electronically or by using “IW” online “Services”, and or the person, and or company, and or person representing the company, which is a visitor or registered on the “IW Website” and is approved to order and to be a “Client” of “IW”. For the purpose of this “Agreement”, “The Client” is the registered person on “IW Website” with the details as registered on “IW Website”. “The Client” is the “Party” described as such on any “Service Order” executed between you and “IW” with contact details as entered online in your “Dashboard”. If “The Client” alters any such information or transfer the “Dashboard Account” to another “Client”, “YOU”, “The Client” are still liable to ensure that your account with “IW” is handed over free of any outstanding invoices, issues or anything that can be detrimental to the new “Dashboard Account” owner.

 

1.3  “IW” means INSTANT WEB(Pty) Ltd, a fully registered company with authorized shares, registration number 2017/325172/07, incorporated under the laws of South Africa, a trading company owned by Marlinett Cristal Heritage Trust”, a trust incorporated under the laws of Namibia with registration number T140/08 with its offices located at Windhoek. For the purpose of this “Agreement” it is clear that “IWs” public place of business is the “IW Website” where all “Client” interactions, support, instructions, orders and transactions are recorded in electronic format. “IW” does not operate public offices, other than those of its appointed “Partners” or “Resellers”, who may or may not operate public offices at their sole discretion.

“IW” is a Company also known as https://instantweb.co.za,   or

“INSTANT WEB – Web Solutions that work!”

Telephone: +27 12 753 2806,

Fax: 086 504 0836
Email:
sales@instantbilling.co.za, helpme@instantbilling.co.za, accounts@instantbilling.co.za

SKYPE: live.instantweb

Facebook: https://facebook.com/instantwebsa

Whatsapp: 0736527925

Youtube: https://youtube.com/instantwebsa

Linkedin: https://linkedin.com/in/instantweb https://linkedin.com/company/instantweb  

Twitter: https://twitter.com/instantwebsa or @instantwebsa

Google +: https://plus.google.com/+instantwebsa

 

“IW” provides an automated provisioning platform that provide “The Client” with a “Dashboard” to register, transfer, update “Domain Names” and other provided “Services”. “IW” offers “Hosting” and “Servers” from different “Providers” and “Vendors” that are listed and configured as “Providers”. “IW” provides different “Software” development “Services”, “SSL” or “Secure Socket Layer Certificates”, “Licenses” for “Servers”, “Licenses” for site builders, templates, mass mailing systems, CRM’s, CMS’e, training and several other “Services” to businesses from its “Website” address: https://instantweb.co.za, having its business on the “Internet” as an electronic commerce business and accept “Client” instructions electronically through the Dashboard” of “The Client” or by “Service Orders”.

 

1.4   The Parties” means “IW” and “The C

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