Our Terms And Conditions

Last Updated: 18/02/2021

From 03/05/2020 – 18/02/2021

Overview

The use of services provided by Rated Original (Pty) Ltd on ratedoriginal.co.za (after this referred to as “Rated Original”) constitutes agreement to the following Terms and Conditions.

General Terms and Policies

The Service is provided to authorised persons or organisations (referred to in this document as “Subscriber” or “you”). Any use of the service is subject to any restrictions listed below. By using the Service, you agree to be bound by all of these Terms and Policies. If you do not agree to be bound by these Terms and Policies, you must cancel your account immediately and may not thereafter use or attempt to use the Service.

Coverage – If you are an individual Subscriber, these Terms and Policies apply to all persons who gain access through your account. If you are a commercial Subscriber, these Terms and Policies apply to all your employees, agents and/or customers. In either instance, a violation of these Terms and Policies by anyone using your account will be treated as a violation by you.

Term – The Service is provided to you for as long as you wish to use it, however we withhold the right to terminate the service if you use it in a way that violates the terms of use.

You must not: Republish material from https://ratedoriginal.co.za

Sell, rent or sub-license material from https://ratedoriginal.co.za

Reproduce, duplicate or copy material from https://ratedoriginal.co.za

Redistribute content from Rated Original (unless content is specifically made for redistribution).

User Comments

 

This Agreement shall begin on the date hereof. Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data (‘Comments’) in areas of the website. Rated Original does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of Rated Original, its agents or affiliates.

Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws Rated Original shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Rated Original reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.

You warrant and represent that:

 

You are entitled to post the Comments on our website and have all necessary licenses and consents to do so; 

The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;

The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy

The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

 You hereby grant to Rated Original a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

 

 

Domains General Terms

We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should not assume registration of your requested domain name(s) until you have been notified that it has been registered.

The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; ICANN in the case of .COM/NET/ORG and other regional domain authorities for the various country specific domains, you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable inspite of refusal by the naming authority to register your desired name.

We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.

We shall not release any domain to another provider unless full payment for that domain has been received by us. All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision.

Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled to suspend the services provided to you.

You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services.

If you fail to pay any sums due to us as they become due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.

If you break any of these terms and conditions and you fail to correct the breach within seven (7) days following written notice from us specifying the breach, we may terminate this Agreement forthwith.

If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to terminate this Agreement forthwith.

On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us.

Rated Original is not responsible for any damages your business may suffer. Rated Original does not make implied or written warranties for any of our services.

Rated Original reserves the right to refuse service to anyone.

Refund Policy

All services rendered by Rated Original are non-refundable. This includes, but is not limited to: setup fees, one time fees, monthly service fees, upgrade fees, additional service fees, administrative fees, and late fees. Customer agrees not to chargeback or dispute any credit card or PayPal payments for services rendered. A chargeback or dispute of payment for services rendered will result in an additional charge of R150 and will be subject to collection by an authorised collection agency. Disputes or chargebacks will result in immediate service termination. Customer is responsible for any fees and costs (including, but not limited to, reasonable attorneys’ fees, court costs and collection agency fees) incurred in enforcing collection.

Any funds sent to Rated Original which are in excess of the amount owed can only be reimbursed in credit and cannot be refunded.

Delivery of Services

Immediately upon successful payment you will receive an automated receipt from our systems. Please print and retain a copy of this and retain in a safe place for future reference.

Your unique email will be on this receipt and should be used for any enquires to Rated Original.

Please note that we aim to deliver as soon as the signup is complete. If we will be unable to adhere to this you will be informed via email or telephone or both. Payment will be deducted when services are delivered.

All orders are delivered electronically via email, If you have any questions about your order please contact us at info@ratedoriginal.co.za

Rated Original aims to respond to all enquiries within 24 hours.

Grounds for Suspension and Termination

You agree to comply with these Terms and Policies. Any violation of either, these Terms and Policies or the other rules, regulations or policies noted above may serve as cause for Rated Original to suspend or terminate your account. You agree that Rated Original has the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following

  • Using the Service in a way, which constitutes violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law)
    Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail (“spamming”); this ground for suspension or termination is separate from and in addition to the fees which will result from such activity. You agree to pay a clean up fee of R250per hour if any of our server IP addresses appear on a blacklist as a result of spam from your account.
  • Using the Service in an attempt to break security, or so as to actually break security of any computer network (including the Service itself), or to access an account, message, or file which does not belong to you.
  • Using your account as a backup service. All files must be part of your website and must be linked to from your account. Dedicated server clients are exempted from this.
  • Using the Service in such a way as to forge or mis-represent headers, addresses, or other identification in electronic mail or websites, or using any other method to disguise the sender’s identity or location. This includes the hosting of Proxy Server applications.
  • Uploading, linking to or storing warez, cracks or other pirated software.
  • Hosting nulled or cracked versions of scripts or softwares and other licensed softwares and/or programs.
  • Assisting in or directly distributing copyrighted material.
  • Excessively using the Service in such a way as to limit the bandwidth available to others.
  • Providing fake or incomplete contact details, including name, postal address and telephone number.
  • Using the Service for unauthorised relays through any third party systems.
  • Attempting, in any way, to interfere with or deny service to any user or any host on the Internet.
  • Performing a chargeback on any transactions past or present will result in account suspension until resolved. If a chargeback is issued we reserve the right to remove your account, impose a fine per chargeback and deny any future business.
  • Any threat of legal action against Rated Originalby a client will result in immediate account and service and agreement termination without refund. Additionally Rated Original shall cease all further communication with the client.
  • Using the Service for mail bombing, which includes any instance where multiple messages are sent to a specific destination with the intent to render the recipient and/or the electronic system serving that recipient dysfunctional.
  • Using the Service to add or attempt to add addresses to any mailing list (yours or a third party’s) without the explicit positive consent of the addressee(s).
  • Attempting to cancel, supersede, or otherwise interfere with email other than your own.
  • Engaging in harassment, whether through language, frequency, or size of messages, either with email or website content.
  • Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information.
  • No bill credit will be given for a period of suspension. In the event of termination of your use of the Service under this section, Rated Originalmay at its sole discretion retain any or all amounts you have paid for use of the Service as liquidated damages for your actions.
  • Security – You agree not to access or attempt to access private areas of the Service. You agree to notify Rated Originalas soon as you become aware of an unauthorized use of your account and/or any breach or attempted breach of security on the Service.
  • Intellectual Property – Rated Originaldoes not undertake to examine or review messages, files, or other materials, which are accessible through, pass through, or reside on the Service. Complaints regarding alleged copyright infringement can be sent to abuse@co.za
  • Child pornography, in any form is strictly forbidden on our servers and services.
  • Liability – You agree that use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied by Rated Original, neither Rated Originalnor any of its affiliate controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. Rated Original neither endorses nor is responsible for the accuracy of third-party material(s), and you agree that Rated Original is not responsible for any loss or damage caused by your use of, or reliance on, such material(s). You understand and agree that you have sole responsibility for your posting of any information or material to any site or newsgroup on the Internet, including but not limited to postings to Web sites, whether residing on Rated Original equipment or not, postings to newsgroups, and participation in any on-line chat sessions. You agree to indemnify and hold harmless Rated Original and its employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your postings.
  • You agree that, should you use the Service to send or receive voice communications, Rated Originalis not acting as a telecommunications carrier or telephone company, that there is no representation made by Rated Original as to the suitability of the Service for such use, and that all risk of connection, transmission quality, and accuracy of communications is solely on you, and that Rated Original has no liability of any sort for the failure or lack of quality of such use of the Service.
  • You agree to be liable for any damages or loss of service which results in damages to Rated Originalas a result of any spamming or other violations. These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements. You agree that Rated Original may pursue any such claims against you in Court.
  • You agree that in no event will Rated Originalhave financial liability to you.
  • Warranty – Rated OriginalMAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE, REGARDLESS OF WHAT YOU MAY HAVE TOLD Rated Original ABOUT YOUR INTENDED USE OF THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY Rated Original OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR OTHERWISE ALTER THE PROVISIONS OF THIS SECTION.
  • THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY Rated OriginalARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS; Rated Original DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. Rated Original DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF ANY OF YOUR DATA WHICH MAY BE STORED ON THE SERVICE.

SPAM and Unsolicited Commercial Email (UCE): Rated Original

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takes a zero-tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of The Company may not use or permit others to use our network to transact in UCE. Customers of Rated Original may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Violation of Rated Original’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Rated Original will initiate an immediate investigation (within 48 hours of notification). During the investigation, Rated Original may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Rated Original may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, Rated Original reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Rated Original will notify law enforcement officials if the violation is believed to be a criminal offense.

 

  • First violations of this policy will result in an “Administrative Fee” of R00 and your account will be reviewed for possible immediate termination. A second violation will result in an “Administrative Fee” of R600.00 and immediate termination of your account. Users who violate this policy agree that in addition to these “Administrative” penalties, they will pay “Research Fees” not to exceed R300.00 per hour that Rated Originalpersonnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your servers.

Content

You understand and agree that information and access available through the Service may include controversial, sexually explicit, or other material that may be offensive to you or users for whom you are responsible. Rated Original has no responsibility for or control over such materials, and you take sole responsibility for using any available screening software or other methods of limiting access (specifically including the access of minors) to any material you may find objectionable.

Overages

By default Rated Original will suspend your services when your account limits such as Disk Space & Bandwidth are exhausted unless prior arrangements are made to either upgrade your plan or bill you at an agreed cost. Such overages will be charged at a cost agreed upon by the customer and Rated Original.

Disputes

All billing disputes must be brought to Rated Original’ attention by opening a ticket with our billing department within 30 days from the days of payment.

You agree that any dispute between you and Rated Original arising out of your use of the Service on in any way based upon your subscription to and/or use of the Service which cannot be resolved between you and Rated Original will be submitted by the aggrieved party for binding arbitration.

Billing

Fees for individual Services are set out on the page describing the Service (Fees). We will begin to charge you for those Fees on the Effective Date of that Service. Certain Fees are based on usage rate of the Services. These will be calculated as set out on the website describing the Fees, and added to the Fees. Other than usage based Fees, all Fees are billed in advance. Special promotions applied to Fees do not reoccur, nor will promotions offered to other customers necessarily be offered to you. Fees paid to third parties and set up fees are not refundable.

Invoices for renewal of a service is generated 14 days prior to the end of current term and is due on the date mentioned as the due date on the invoice.

If you provide us with a credit card to pay the Fees, we will attempt to charge your card no sooner than 2 days prior to the Due Date. It is your obligation to ensure that your credit card may be charged. We have no responsibility to provide the Services, or preserve data, if your credit card is declined for any reason.

Once an invoice is overdue, i.e past it’s due date a late fee of 10% but no lesser than R10 will be applied to the invoice.

Service associated to an overdue invoice will be suspended after a period of 3 days and terminated and all data removed after 30 days if the invoice continues to remain unpaid. Multiple reminders will be sent by Rated Original before suspending or terminating a service.

If an invoice is paid after the service has been terminated a reactivation fee of R50 will apply provided Rated Original is able to restore all of your data.

If multiple invoices are overdue in an account, all services in the given account or other accounts linked to this account may be affected.

Cancellation Procedure

Cancellation requests must be submitted through the client area. To do this, open a ticket with our Billing & Accounting department.

It is your responsibility to ensure any paypal/payfast subscriptions and/or recurring Credit Card subscriptions that you may have setup are cancelled, Rated Original will not be responsible for any funds paid to us in excess and will not refund them.

No other forms of cancellation are accepted.

Cancellations must be submitted before the invoice for that billing cycle is generated or at least 7 days before renewal. Failure to do so will result in the invoice being due. Cancellation requests can only be submitted if the account has no due invoices. Cancellation requests submitted after the invoice has been raised will incur a late cancellation fee of not less than R200 and not more than R100.

Migrations

Rated Original offers free Migration services as a courtesy with our cPanel hosting services. The number of accounts that can be migrated are as follows:

  • Shared & Semi-Dedicated Plans: 1 cPanel account.
  • Reseller Plans: 50 cPanel accounts.
  • Managed VPS Plans: 100 cPanel accounts.
  • Managed Dedicated Servers: 200 cPanel accounts.

Additional number of accounts migrated would incur a fee of R45 per account.

Migration services are not available for Unmanaged VPS or Dedicated server customers or customers not coming from a cPanel environment.

Rated Original offers it’s migration services in an as-is basis and makes no guarantess or time commitments at all.

Backups

Rated Original performs nightly backups of shared, semi-dedicated and reseller servers; however, these backups are for Rated Original’s administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers. Rated Original does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on Rated Original’ part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer! We make no guarantees about the availability of backups.

Rated Original does not backup customer Dedicated servers. We offer Remote Offsite Backups as an available addon for all VPS and Dedicated Services which can be availed at a fee.

Amendments

These Terms and Policies may be amended in any respect at any time by Rated Original upon the posting of the amended Terms and Policies on the terms of use section of the Service. Your continued use of the Service will be deemed consent to any such amended Terms and Policies. If you do not wish to continue to use the Service as a result of any such amended Terms and Policies, you may provide notice of your wish to terminate your use of the Service to Rated Original.