Terms And Conditions

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This document contained the general terms and conditions, which governs the subscription to and usage of AppyHost services. These General Terms and Conditions must be read together with the Services Terms and Conditions and the Policies of AppyHost. By subscribing to and using any of the services offered by AppyHost, the Customer and its users irrevocably agree to be bound by the provisions of this General Terms and Conditions, the relevant Services Terms and Conditions and the Policies of AppyHost. In the event of a discrepancy between this Agreement and the Service Terms and Conditions, the Service Terms and Conditions will take precedence.

1. Definitions and Interpretation

1. In this Agreement, the words hereunder will have the meanings assigned to them below:-
   1. Agreement” means these General Terms and Conditions, applicable Services Terms and Conditions, all the Policies of AppyHost and all other application or order forms, as amended and updated from time to time;
   2. “Confidential Information” means any information or data relating to AppyHost and any Group Company (even if not marked as being confidential, restricted, secret, proprietary or any similar designation), in whatever format and whether recorded or not (and if recorded, whether recorded in writing, on any electronic medium or otherwise), which:
      1. by its nature or content is identifiable as confidential and/or proprietary to the Company; or
      2. is intended or by its nature or content could reasonably be expected to be confidential and/or proprietary to the Company, and includes:
         1. information relating to existing and future strategic objectives and existing and future business plans and corporate opportunities;
         2. trade secrets;
         3. technical information, techniques, know-how, operating methods and procedures;
         4. details of costs, sources of materials and customer lists (whether actual or potential) and other information relating to the existing and prospective customers and suppliers;
         5. pricing, price lists and purchasing policies;
         6. computer data, programmes and source codes; information contained in or constituting the hardware or software, including third party products and associated material;
         7. information relating to the network telecommunications services and facilities;
         8. any and all methodologies, formulae and related information in developed software and processes and other business;
         9. products, drawings, designs, plans, functional and technical requirements and specifications;
         10. Intellectual Property that is proprietary or that is proprietary to a third party and in respect of which the Company or any company in the Group has rights of use or possession;
         11. marketing information of whatsoever nature or kind;
         12. financial information of whatsoever nature or kind;
         13. information relating to any contracts to which the Company or any Group company is a party; and any information which is not readily available to a competitor of the Company and/or any of its Related Companies in the normal and ordinary course of business.
   3. “CPA” means the Consumer Protection Act No. 68 of 2008;
   4. “Customer” “you” or “your” means the Customer making use of the Services offered and provided by AppyHost and includes all the users of the Customer that have the benefit of or avail of the Services in terms of this Agreement;
   5. “AppyHost” a subsidiary of Satrim Technologies (Pty) Ltd, a private company duly incorporated under the laws of South Africa.
   6. “AppyHost System” means equipment operated together as a system by AppyHost to provide its Service(s) and services ancillary to such Service(s),;
   7. “ AppyHost Website” means the Internet website published at the URL www.appyhost.com or another URL that AppHost notifies the Customer of from time to time;
   8. “Fees” means the fees applicable and charged by AppyHost for each of the Services, as disclosed on AppyHost’s Website and in writing, before the Customer subscribes or applies for such Service(s);
   9. “Good Industry Practice” means the exercise of that degree of skill, diligence, prudence and foresight which would reasonably be expected from a skilled and experienced service provider providing similar services to those provided under this Agreement. Such a service provider would seek in good faith to comply with its contractual obligations, and with all applicable laws, codes of professional conduct, relevant codes of practice, relevant standards, and all conditions of planning and other consents;
   10. “Malicious Code” means anything that contains any computer software routine or code intended to allow unauthorised access or use of a computer system by any party, disable, damage, erase, disrupt or impair the normal operation of a computer system, and includes any back door, time bomb, Trojan horse, worm, drop dead device or computer virus.
   11. “NCA” means the National Credit Act, 34 of 2005;
   12. “Parties” means the Parties to these Standard Terms and Conditions and “Party” means any one of them as the context may indicate;
   13. “Personal Information” means any information relating to an identifiable, living, natural person, and where applicable, an identifiable, existing juristic person including –
       1. information relating to the race, gender, sex, pregnancy, martial status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture language and birth of the person;
       2. information relating to the education or the medical, financial, criminal or employment history of the person;
       3. any identifying number, symbol, e-email address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
       4. the biometric information of the person;
       5. the personal opinions, views or preferences of the person;
       6. correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
       7. the views or opinions of another individual about the person; and
       8. the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person.
   14. “Processing” means any operation or activity or set of operations, whether or not by electronic means, concerning personal information including –
       1. the collection, receipt, recording, organisation, collection, storage, updating or modification, retrieval, alteration, consultation or use;
       2. dissemination by means of transmission, distribution or making available in any other form; or
       3. merging, linking, restriction, degradation, erasure or destruction of information.
   15. “POPIA” means the Protection of Personal Information Act, no 4 of 2013.
   16. “Intellectual Property” means any know-how (not in the public domain), invention (whether or not patented), design, trade mark (whether or not registered), or Copyright Material (whether or not registered), goodwill, processes, process methodology and all other identical or similar intellectual property as may exist anywhere in the world and any applications for registration of such intellectual property. For the purposes of this definition, “Copyright Material” means any Material in which copyright subsists;
   17. “RICA” means the Regulation of Interception of Communications and Provision of Communication-Related Information Act, 70 of 2002;
   18. “Service(s)” means all the service(s) provided by AppyHost as specified on AppyHost’s Website;
   19. “Signature Date” means the date of signature of this Agreement by the Party signing it last in time;
   20. “Software” means any computer program or software installed or provided by AppyHost for the purposes of using the Services and any modifications, enhancements or upgrades thereto;
   21. “South African Law” means all and any laws and regulations of the Republic of South Africa, including but not limited to applicable codes of conduct, as may be promulgated or amended from time to time;
   22. “Supplier” means a supplier of goods and / or services to AppyHost; and
   23. “VAT” means Value-Added Tax as defined in the Value-Added Tax Act 89 of 1991.
2. The clause headings contained in this Agreement are for reference purposes only and shall not be used in the interpretation of this Agreement. Words importing any one gender includes the other gender, the singular includes the plural and vice versa, and natural persons includes juristic entities and vice versa.
3. A reference to any statutory enactment shall be construed as a reference to that enactment as at the signature date and as amended or substituted from time to time.

 

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