Terms and Conditions
Terms updated: 04 April, 2017:
Formatting the page Updated support to be on ticket system as this tracks support Updated support office hours 08:30 - 16:00 Terms updated: 23 Jan, 2017:
Removed ADSL, Fax and SMS sections. Invoice reminders are notices of payments due. Accounts will be suspended due to non-payment within 5 days. Pricing updated for 2017.
1. THIS AGREEMENT is between CHQ Marketing CC ("t/a OnLine Systems") and the individual/entity who is applying for Web Hosting Services, by submitting the subscription form online or completed an agreement ("CLIENT") or made payment according to an invoice for services. THE CLIENT agrees to an on-line, paperless subscription. THE CLIENT acknowledges that all the information that is submitted online is true and correct to the best of his/her knowledge. In the event that the individual submitting the subscription form online is acting in his/her capacity as a duly authorised representative of any juristic person, then: 1.1 The individual, by submitting the subscription form online, also binds himself/herself as surety and co-principal debtor, together with the juristic person whom he or she represents, in respect of all obligations flowing from the utility of the Web Hosting Services; and 1.2 The individual hereby warrants that he/she is duly authorised to submit the subscription form and bind the juristic entity as THE CLIENT in accordance with these terms and conditions.
2. THE CLIENT agrees that the act of submitting his subscription form online or by means of payment towards web services constitutes consent by THE CLIENT to these terms and conditions, or any amendment thereto, as made from time to time. Notice will be on the website.
3. PROVISION OF SERVICES: Online Systems agrees to provide Web-site hosting and related hosting services to THE CLIENT, subject to the following terms and conditions.
4. CONTENT LIABILITY AND INDEMNIFICATION: 4.1. THE CLIENT acknowledges that Online Systems does not regulate or take any responsibility for the content of THE CLIENT's page or for the security of THE CLIENT's password(s). 4.2. THE CLIENT warrants that it has all rights necessary to lawfully submit any information or materials that it is uploading or transmitting to Online Systems, including all intellectual property rights. 4.3. THE CLIENT agrees to indemnify Online Systems against actions brought by a third party as a result of such material or information, or as a result of THE CLIENT's use in any way of the systems, or information.
5. CONTRACT TERMINATION: 5.1. In the event that Online Systems at any time reasonably believes that THE CLIENT is in breach of any of the terms and conditions contained in this agreement or is using Online Systems services in an unacceptable or illegal manner, then Online Systems may immediately terminate this agreement without liability or suspend the account. 5.2. THE CLIENT shall be responsible for the entire amount of the most recent statement and any excess usage charges at the time of termination. 5.3. THE CLIENT may terminate this contract at any time by giving Online Systems no less than one calendar month's notification unless the term is agreed differently according to the service. The notice period shall start upon Online Systems receiving a completed cancellation notice from THE CLIENT. Granting of a shorter notice period is entirely at the discretion of Online Systems. Such written cancellation must be submitted to Online Systems by FAX, or e-mail where confirmation of email will be regarded as receipt. 5.4. A cancellation will only be effected upon THE CLIENT settling the outstanding account via debit order or EFT payment. 5.5. A cancellation request must include the reason for cancellation, instructions as to the disposal of the domain name if needed, and must indicate the date until which service is required. 5.6. Cancellations via e-mail must be sent to email@example.com. Cancellations will be confirmed on email. 5.7. A cancellation will not be accepted from any third party. The cancellation must be from THE CLIENT as on record with Online Systems. 5.8. Any cancellation request that does not fulfil these criteria shall be handled by Online Systems own discretion. 5.9. THE CLIENT will be notified via e-mail, sent to the e-mail address on record, as soon as the cancellation has been processed. 5.10. CLIENT's that transfer international TLD's (Top Level Domains) to Online Systems will be responsible for a domain renewal fee should THE CLIENT cancel within the first year of hosting. 5.11. CLIENT's that reinstate web site hosting or domain name hosting with Online Systems which they previously canceled with Online Systems, are subject to a minimum of a six (6) months minimum subscription for the web site hosting or domain name hosting with Online Systems. Cancellations or downgrades for services on domain names is such cases will not be accepted in the first six (6) months of the reinstated service. 5.12. All services are on a minimum cancellation period of 30 days. All notices will be for a full calendar month. 5.13. Some services have pre-set terms and cancellations are according to those terms. 5,14. If a project is delayed from due to a client not providing content, information, images, wording, etc. the project will be re-scoped. 6. WARRANTIES AND GUARANTEES: 6.1. Online Systems makes no warranties or guarantees outside our scope of work, whether express or implied, for the services to be provided. 6.2. THE CLIENT agrees that Online Systems shall not be liable for any losses or damages of any kind to THE CLIENT or the CLIENT's Customer, including, but not limited to, those that may result from service interruption delays. 6.3. We make use of various systems and providers. Licenses from providers will be transferred. Support will be from these providers. 6.4. Our work is facilitating the process.
7. BILLING POLICY: 7.1. Accounts 30 days past due may result in the cancellation of the agreement between Online Systems and THE CLIENT and which may result in deletion of THE CLIENT's (but not limited to) files, including email, backups, databases and domain name. Invoice will be used as a notice. 7.2. All overdue accounts shall be charged an administration fee on a monthly basis of R95. 7.4. THE CLIENT is responsible for all collection costs and attorney's fees on any outstanding amounts. 7.5. Invoices will be issued (or re-issued) upon request. 7.6. The fee for the hosting service is payable in advance by debit order. 7.7. The yearly domain renewal fee together with an administration fee will be deducted via debit order or credit card or on invoice when it becomes due. 7.8. All account enquiries must be done via email. Enquires via FAX and Telephone will not be accepted. 7.9. No account queries will be entertained after 60 days of invoice. 7.10. No account queries will be entertained once the hosting have been cancelled. 7.11. Online Systems only accepts monthly payment via debit order. Online Systems does not accept monthly payments via EFT or cash deposit for hosting unless arranged with management. 7.12. All transactions are paid upfront. No service will be delivered unless full payment has been made in respect of the product or service. Deposits are non refundable. 7.13. The client is responsible for all fees related to cash or inward transfer payments. 7.14. Only credit card payments will be available due to the high cost of inward transfers and the additional administration. 7.15. Cancellation more than 20 days before invoice due date: No cancellation fee. Client remains liable for any expenses incurred. Any fees already paid will be returned excluding any costs incurred. Cancellation 20-5 days before the due date: Cancellation fee of 50% plus all other expenses incurred. Cancellation less than 5 days before the due date: Cancellation fee of 100% plus all other expenses incurred.
8. PAYMENT VIA DEBIT ORDER: 8.1. THE CLIENT agrees that submission of bank account information to Online Systems constitutes authorisation by THE CLIENT for Online Systems to debit the specified bank account for all fees owed.
THE CLIENT to Online Systems. 8.2. The debit orders normally run on the 1st day of each month for the current month in advance. (This may vary depending on public holidays and weekends.) 8.3. The first debit order run will include all hosting fees for the first month following signature of the debit order mandate. 8.4. The debit order system closes on the 20th of each month. All account changes should reach us by the 18th of each month. 8.5. THE CLIENT is responsible for all bank fees, penalties or levies that are as a result of the use of a debit order. This includes any fees the bank may charge THE CLIENT as a result of THE CLIENT having insufficient funds at the time the debit order is presented. 8.6. Online Systems normally runs one monthly debit order per domain name. 8.7 Debit orders that were combined into a single debit upon THE CLIENT's request will be "un-combined" upon the combined debit being returned.
9. PAYMENT VIA CREDIT CARD: 9.1. THE CLIENT agrees that submission of credit card information to Online Systems constitutes authorisation by THE CLIENT for Online Systems to bill the specified credit card for all fees owed by THE CLIENT to Online Systems. 9.2. Online Systems will debit THE CLIENT's credit card on a monthly basis until the contract is ended. The CLIENT is responsible for all bank fees, penalties or levies that are as a result of the use of a credit card. 9.3. It is THE CLIENT's responsibility to inform Online Systems of any changes to THE CLIENT's credit card number or expiry date. 9.4. Credit card transactions are normally presented on the date of set-up and on approximately the same day of each month for the remainder of the hosting period at Online Systems. 9.5. Online Systems normally runs one monthly transaction per domain name. 9.6. Credit Card transactions will be indicated as PayFast on your statement. 10. ADMINISTRATION FEE &&OTHER FEES: 10.1. Online Systems will charge an administration fee for all declined credit card transactions, all returned debit orders and all returned cheques irrelevant of the reason for the debit order or cheque being returned or the credit card being declined. 10.2. The administration fee is currently R95 or 20% of the transaction value, whichever is the greater and is subject to change. 10.3. The administration fee is applicable per domain and not per debit order. CLIENT's with a combined debit order will incur an administration fee for each domain included in the combined debit. 10.4. THE CLIENT will be liable for all costs and damages associated with intentionally or unintentionally allowing or facilitating a third party's access to Online Systems's infrastructure, servers, software, hardware or bandwidth. 10.5. Online Systems reserves the right to charge an administration fee on any EFT or cash deposit. 11. CREDIT AND REFUNDS: 11.1. No credit or refund will be passed in any form. 11.2. No credit or refund will be passed for inactive or unused accounts. 11.3. No credit or refund will be passed should THE CLIENT transfer their domain away from Online Systems during the cancellation notice period 11.4. No credit or refund will be passed for domain names where THE CLIENT has requested the wrong domain name to be registered. 11.5 No credit or refund will be passed for products ordered unless there are guarantees with the product or service. 11.6 Deposits are non refundable.
12. SUSPENSION AND UNSUSPENSIONS OF ACCOUNTS: 12.1. THE CLIENT's services will be suspended due to a debit order, credit card or cheque payment being returned or declined. 12.2. Invoices will be issued as intent to suspend a site (domain), or service. 12.3. Online Systems will not be held responsible for any damages, losses or claims as a result of a site or service being suspended. 12.4. Un-suspensions may take one or more working days. 12.5. THE CLIENT is still responsible for the monthly hosting fees, service fees and any other fees while the site or service is suspended. 12.6. A site or service may be suspended for various reasons including but not limited to misuse, non-payment, outstanding payments, illegal activities and or malicious behavior. 12.7. Re-activating an account will attract an administration fee at the hourly support rate. 12.8. If an account is suspended or a service is stopped then all information relating to the service may be deleted, removed, from our systems with no warning.
13. CLIENT SUPPORT: 13.1. THE CLIENT is entitled to ticket support on hosting free of charge. 13.2. THE CLIENT will be billed at Online Systems's standard hourly rate for all support provided due to errors in THE CLIENT's code. 13.3. THE CLIENT will be billed at Online Systems's standard hourly rate for all support provided due issues not related directly to Online Systems such as THE CLIENT's internet access, PC set-up etc. We do not support email account setup or support on setting up email accounts. 13.4. Telephone support is available during office hours (08:30 to 16:00 weekdays). Support tickets may be submitted 24 hours a day. 13.5 The client will also be levied an hourly rate or part thereoff for telephone support. 13.6 Call back to clients will be levied at R2 per minute or part thereof. 13.7 Support and client assistance is done via the support system. This keeps track of relevant requests.
14. THE CLIENT's DATA: 14.1. Online Systems shall make a reasonable effort to protect and backup data for THE CLIENT on a regular basis. 14.2. Online Systems is neither responsible nor liable for THE CLIENT's data, files, systems, or backups. 14.3. Online Systems makes no warranties regarding its ability to recover any lost file, regardless of how or why the file was lost. 14.4. THE CLIENT is solely responsible for their independent backup of data stored on Online Systems's server and network. 14.5. Hacking, cracking, defacing of websites etc, is an everyday occurrence and Online Systems is not liable for damages THE CLIENT may suffer should THE CLIENT or Online Systems fall victim to such an event. 14.6. Online Systems does not backup mail. 14.7. Online Systems will not be held responsible for the age of the data on the backup. The data's age could vary in age from one to thirty days. 14.8. Online Systems is not responsible for the transfer of files from an existing service provider to Online Systems's servers when THE CLIENT transfers hosting providers. 14.9. Any mail account (POP3 or IMAP) that has mail that has not been retrieved (downloaded) from Online Systems's mail servers after 40 days, will be deleted. 14.10. No new mail will be delivered to THE CLIENT's mail-box if the size of your mail-box exceeds 20 Megabytes. 14.11. Online Systems will remove all of THE CLIENT's data, email accounts, zone files etc, upon any DNS update confirmation received from a registrar when a domain is transferred away from Online Systems. 14.12. The hosted CRM solution is a licensed solution where the client uses the online CRM system. The files contain code that is the property of Online Systems. This is licensed to be used by the client when using the CRM service. No access will be given to files on the site. The database will be provided and backups will be created via an email system and by the hosting provider. The domain remains the property of Online Systems. If a client requires to move the system to another host, then the a new domain needs to be registered by the client for this purpose. Online Systems will only provide a backup of the database - no files will be provided. 14.13. Website development use various systems, some are free some have fees and associated costs and licences. These system do have requirements to work effectively. Most hosting providers are able to handle these systems. Joomla and Wordpress are two of the main systems used. Ensure your hosting package meets the requirements set out by the systems. Systems and extensions do require updates form time-to-time.
15. DATA RECOVERY AND ADDITIONAL SERVICES: 15.1. THE CLIENT will be charged at Online Systems's standard hourly fee for the recovery of data or the installation of, or re-installation of components or custom components. The fee will be added to THE CLIENT's debit order deduction or it may alternatively be paid for via credit card. Online Systems will not guarantee that data can be retrieved form the backup copies. 16. VIRUS SCANNING OF EMAIL: 16.1. Online Systems does offer virus scanning on most of their mail servers. 16.2. Online Systems does not offer ANY GUARANTEES as to the effectiveness of this service and will not be held liable for any damage THE CLIENT may suffer as a result of receiving a virus. 16.3. The CLIENT WILL receive virus in their mail from time to time. 16.4. Virus protection remains THE CLIENT's responsibility. 16.5. Online Systems reserves the right to terminate this free service. 16.6. Online Systems will not be held liable for any losses due to a virus. 17. UNSOLICITED EMAIL: 17.1. Online Systems will make reasonable effort to block unsolicited email before it reaches THE CLIENT. 17.2. Online Systems does not offer ANY GUARANTEES as to the effectiveness of this service. 17.3. All active email accounts will receive unsolicited email from time to time. 17.4. Online Systems will not be held liable for "legitimate email" that may be blocked or lost as a result of the service. 17.5. Online Systems reserves the right to terminate this service. 18. DOMAIN NAMES AND DOMAIN NAME DISPUTES: 18.1. Online Systems will not be held liable for any disputes arising out of domain name registrations or hosting on behalf of THE CLIENT. 18.2. Online Systems will not be liable for damages in the event of a domain name not being registered or available for THE CLIENT's use. 18.3. THE CLIENT is responsible to insure that the domain name is registered correctly at the relevant registrar. 18.4. All domain names registered by Online Systems will be registered in THE CLIENTS name. THE CLIENT is responsible for the control of their own domain name. 18.5. Online Systems will not be held liable for any losses or damages THE CLIENT may suffer due to a domain name being reallocated, transferred or deleted by any Domain Name Authority or NIC. 18.6. Online Systems reserves the right to take ownership of any domain name upon cancellation by THE CLIENT should THE CLIENT not specify any action to be taken in regards to ownership or transfer of the domain name. 18.7. Online Systems will retain the ownership of the domain name in the event of THE CLIENT's account not being settled upon termination of the hosting agreement. 18.8. THE CLIENT is responsible for all yearly domain renewal fees and Online Systems will not be held responsible for the payment or late payment of domain renewal fees. 18.9. THE CLIENT should cancel all services with Online Systems at least 30 days before a domain name renewal to avoid a domain name being renewed. 18.10. Online Systems will not refund THE CLIENT for any domain name renewal fee already paid to the relevant registrar. 18.11. THE CLIENT will be responsible for all legal costs [as between attorney and own client] incurred by Online Systems, whether formal action is instituted or not, due to any disputes, including domain name disputes and/or claims arising out of the use or registration of the CLIENT's domain name, or any of the other services offered by Online Systems, from time to time. 18.12. Domain Redemption. It is important to renew your domain before it expires. Closed Redemption is a state that a domain enters once it has expired and gone through the Deletion Phase.
The process is as follows: 1. The domain will expire. 2. The domain will go through the Pending Suspension and Pending Deletion Phases. 3. After the Pending Deletion phase is over, the domain enters the Closed Redemption Phase. 4. In the Closed Redemption Phase a domain can be reinstated at the cost of the Closed Redemption Fee: - R 290.00 for .ZA Domains - R 750.00 for .Joburg .Capetown and .Durban - R 5,500 (thousand) for TLDs and GTLDs, like .com .net .org .directory .farm et cetera Closed Redemption Phase lasts at least 30 days (1 month), depending on the Registry. After 30 days (1 month) the domain will become available to the public (anyone) for re-registration. 19. FREE DOMAIN NAMES AND FREE ANNUAL RENEWALS: 19.1. Online Systems offers THE CLIENT the option of free domain registration and or free annual domain renewal on specific hosting options from time to time. 19.2. Only specific TLD's (Top Level Domains) are available with this offer. 19.3. The domain name registration is free, but is subject to hosting with Online Systems for a minimum period of twelve (12) months from registration. 19.4. The annual domain name renewals is free, but is subject to hosting with Online Systems for a minimum period of twelve (12) months from renewal. 19.5. Domain parking option is excluded from this offer. 19.6. The entire balance of fees for the 12 months period following the registration or renewal become due should THE CLIENT wish to cancel their hosting within 12 months of such registration or renewal. 19.7. Any downgrade of the hosting option by A CLIENT that made use of Online Systems's free domain registration or renewal offer, will be limited to the smallest hosting option offering a free domain name. 20. DOMAIN NAME TRANSFERS: 20.1. THE CLIENT is responsible for the transfer of their existing domain name to Online Systems. Online Systems will attempt to assist the CLIENT where possible. 20.2. If a transfer of a domain name (or DNS information) is not successful on the first attempt, then the onus falls on THE CLIENT to continue with the transfer process. 20.3. THE CLIENT is responsible for all costs related to such a transfer. 20.4. THE CLIENT is responsible for the hosting fee from the date of set-up on Online Systems's servers. Online Systems will not refund any hosting fees should the client fail to make the necessary changes to their DNS settings or decide not to make the changes. 20.5. THE CLIENT must submit a valid cancellation of the service in the event that THE CLIENT fails to complete the domain name transfer or DNS update. 20.6. A fee will be levied for all domain transfers (away) that Online Systems declines. 20.7. Online Systems will not be held responsible for any delays caused by any Registrar. 20.8. The client is responsible for backups on their hosting accounts. 20.9. The client is responsible for backups when transferring a domain away from us. 21. ACCOUNT ALTERATIONS: 21.1. A downgrade fee will be levied on all account downgrades. 21.2. The domain registration fee becomes payable on domains that are downgraded in the first year after registration. 21.3. No fee is normally levied on upgrades. The Set-up fee that is levied on certain hosting options is still applicable should THE CLIENT upgrade to such a hosting option. 21.4. Accounts that are signed up making use of the free domain registration or free transfer offer can not be downgraded to a hosting option that does not offer the same offer.
22. HOSTING: Online Systems may host a server on THE CLIENTS behalf, at Online Systems's discretion, provided that the server conforms to the basic hardware and software requirements as defined by Online Systems. Our current hosting is on shared servers. 22.1. Software, website, support is not included. 22.2. The installation fee and first months hosting fee is payable upon activation of the account. 22.3. No access will be allowed to the server room. 22.4. Online Systems offers no uptime guarantee on any server in the server room and will not be held liable by any CLIENT for any damages THE CLIENT may suffer due to downtime. 22.5. Online Systems offers no guarantee on bandwidth in the server room and will not be held liable by any CLIENT for any damages THE CLIENT may suffer due to downtime. 22.6. Online Systems is not responsible for any equipment supplied by the CLIENT and will not be held liable for any damages the client may suffer. 22.7. Support is only available during office hours. 22.8. THE CLIENT is liable for all costs as listed on Online Systems's price list, including all utilised bandwidth. 22.9. THE CLIENT agrees to an initial minimum twelve (12) month server hosting subscription. 22.10. THE CLIENT agrees to an indefinite subscription period after the initial twelve (12) month subscription, requiring a months notice to terminate the service. 22.11. Online Systems uses local and international hosting providers for hosting services. 22.12. If a clients code gets infected we hold the right to switch off the account to limit the impact on the network. We may also levy a fee for any removal of any content or any updates required. 22.13. An account my be stopped, deleted or suspended if the account use is excessive. Malware, SQL injections, etc. are all causes of excessive usage. 22.14. THE CLIENT agrees to update they passwords from time to time and use strong passwords. 22.15. It is THE CLIENT responsibility to keep the account clean and updated. 22.16. If THE CLIENT wants us to do a manual investigation on an account we can as a paid service. 26. CONFIDENTIAL ACCOUNT INFORMATION: THE CLIENT hereby gives Online Systems permission and full consent to: 26.1. Perform a credit check on THE CLIENT's credit profile with one or more of the registered Credit Bureaus when assessing THE CLIENT's application for services. 26.2. Monitor THE CLIENT's payment behavior by researching their profile at one or more of the Credit Bureaus. 26.3. Use new information and data obtained from Credit Bureau in respect of THE CLIENT's future service applications. 26.4. Record the existence of THE CLIENT's account with the Credit Bureau. 26.5. Record and transmit details of how THE CLIENT has performed, and how the account is conducted by THE CLIENT in meeting their obligations on the account. 27. COMPANIES AND CLOSED CORPORATIONS: 27.1. In the event of THE CLIENT being Company or a Closed Corporation, then the directors or members do hereby bind themselves jointly and severally as surety and co-principal debtor unto and in the favour of Online Systems for the value of the account in the name of THE CLIENT. 27.2. THE CLIENT hereby authorises Online Systems to accept any alterations, cancellations or any other instructions relating to the service provided by Online Systems as well as the ownership of any domain name from any company that THE CLIENT listed on application form. 28. NEW SERVICE APPLICATIONS: 28.1. Online Systems reserves the right to decline any new service application. Submission of a online application form is no guarantee of acceptance by Online Systems. Online Systems will not provide reasons for declining a new service application.
29. AMENDMENTS TO THESE TERMS AND CONDITIONS: 29.1. These Terms and Conditions will be updated from time to time. 29.2. Online Systems will notify THE CLIENT of any updates by presenting THE CLIENT with an alert on the Online Systems website www.onlinesystems.co.za that describes the changes (or on the client support portal). 29.3. Those changes will go into effect immediately. THE CLIENT's continued use of Online Systems's services signifies THE CLIENT's acceptance of the changes. 29.4. These Terms and Conditions will always be available to THE CLIENT on the web site. 29.5. All objections to alterations of the Terms and Conditions should reach Online Systems via email to firstname.lastname@example.org no later than ten (10) days after the notification has been posted on the Online Systems website. 29.6. THE CLIENT is responsible for visiting Online Systems's website on a monthly basis, so that THE CLIENT may be made aware of any notices posted in this regards. 30. LITIGATION AND ATTORNEY'S FEES: 30.1. In the event of any dispute arising out of or relating to this agreement, such dispute shall be resolved in PRETORIA, South Africa and Online Systems shall be entitled to reasonable costs, including collection costs and attorney's fees. 31. ENTIRE AGREEMENT: 31.1. This represents the complete agreement and understanding between Online Systems and THE CLIENT with respect to the subject matter herein. In the event that any term or provision of this agreement is held by a court to be unenforceable, then the remaining provisions shall remain in full force and effect. THE CLIENT certifies that he/she is of legal age in the country of his/her residence to enter into this agreement. 32. RELAXATION OF TERMS: 32.1. No relaxation of the terms of this agreement and no indulgence which one party may grant to the other, will in any way operate as an estoppel against the former party or be deemed to be a waiver of their rights, or in any other way limit, alter, or prejudice those rights. 33. DOMICILLIUM CITANDI ET EXECUTANDI (BUSINESS ADDRESS): 33.1. The client chooses the address which he/she/they submitted online to be his/her/their domicillium address. 34. CONSENT TO JURISDICTION: 34.1. Each party consents to the jurisdiction of the Magistrate's court in respect of any proceedings pursuant to this agreement but without ousting the inherent jurisdiction of the High court. 35. ADDRESSES FOR SERVICE: 35.1. The client chooses the address submitted online (completed on the debit order form) to be the address where notices in relation to this agreement shall be served. 35.2. Any notice or legal process to be served on the client shall be served on them at the address submitted on acceptance of the offer which led to this agreement. 35.3. A notice which is sent by prepaid registered post in a correctly addressed envelope to the address submitted online will be deemed to have been received within ten days from the date it was posted. 35.4. A notice which is delivered by hand to a responsible person will be deemed to have been received on the day it was delivered. 35.5. The client shall be entitled to amend his address by giving seven days written notice to that effect which address shall then become the client's domicillium address. 36. COSTS: 36.1. In the event of any legal action being taken on this agreement, the service provider shall be entitled to costs on the attorney and own client scale, including VAT and collection commission. 37. GOVERNING LAW: 37.1. This agreement shall be governed by the laws of the Republic of South Africa. 38. INDEMNITY: 38.1. The client indemnifies the service provider for any losses or damages of any kind that the client may suffer including, but not limited to, those that may result from service interruption, delays or non-delivery. No Warranty: NO WARRANTY EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION WEBSITE ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. Limitations of Liability: In no event shall Online Systems be liable for any act or omission, or any event directly or indirectly resulting from any act or omission, of Third Parties (if any). IN NO EVENT SHALL ONLINE SYSTEMS BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, LOST PROFITS, INDIRECT OR OTHER DAMAGES, WHETHER BASED IN CONTRACT OR OTHERWISE, EVEN IF E HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. ONLINE SYSTEMS AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE AMOUNT RECEIVED BY ONLINE SYSTEMS. Client acknowledges that Online Systems has entered into this Agreement in reliance upon the limitations of liability set forth herein and that the same is an essential basis of the bargain between the parties.