Terms and Conditions
You may only use this site to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. 'Deep-linking', 'embedding' or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.
The contents of this site are provided "as is" without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement.
The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility. This disclaimer does not exclude any damages that are attributed to the negligence of ComX Networks or any of its employees.
The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.
The basic services offered by this website "ComX Networks" are provided to you free of charge: on an "as is" and "as available" basis. ComX Networks uses its best efforts to maintain the quality of its services, but you should not assume that ComX Networks is error-free or that it will be suitable for the particular purpose which you have in mind when using it.
Content and disclaimers
2.1 ComX Networks links you to sites and information located worldwide throughout the Internet. Because ComX Networks has no control over such sites and information, ComX Networks offers no guarantee for such sites and information with regard to the accuracy, currency, content, or quality of any such sites and information. ComX Networks shall not be held responsible for any injury, loss, expense or damage of any kind whatsoever suffered or incurred by you as a result of the User accessing this website, utilising any service offered on this website for any reason whatsoever including but not limited to any injury, loss or damage suffered as a result of:
2.2.1 any unauthorised access of this website by third parties
2.2.2 any breakdown or failure of any equipment or medium of access to this website
2.2.3 any failure or unavailability of ComX Networks or any third parties' facilities or systems resulting in the inability to access this website or process any transaction referred to or offered on this website
2.2.4 the destruction or accessing of the User's data or equipment
2.2.5 any alteration, modification, upgrade or update of this website or any technology, hardware or software modification that may form part of this website
2.3 You hereby indemnify ComX Networks against any demand, claim or action against ComX Networks relating to or in connection with your use or accessing of this website whether directly or indirectly for any reason whatsoever.
2.4 ComX Networks reserves the right in its absolute discretion to alter, modify, upgrade, update, suspend or withdraw this website or any part hereof at any time.
2.5 Unless expressly stated to the contrary, ComX Networks owns the intellectual property rights in and to this website and the unauthorised use hereof is expressly prohibited.
2.6 You are entirely responsible for all content that you access, upload, post, email or otherwise transmit via ComX Networks. We are not liable for loss of any content you transmit and you should keep a backup copy of all such content.
3. Evolution and the need for flexibility
3.2 Over time ComX Networks intends to expand the services that you are offered. When a new service is introduced ComX Networks may impose special terms and conditions on the use of that service. We will make you aware of these terms and conditions before you use the service and if you accept them or use the relevant service they will form part of these Terms.
3.3 ComX Networks may set maximum limits for (i) the numbers or sizes of email messages, postings or other uploaded content stored or sent, (ii) amounts of disk space allocated or used on your behalf, and (iii) number and durations of occasions when you access ComX Networks. These limits may vary over time without notice to you.
4. Access to ComX Networks and Registration
4.1 As ComX Networks evolves certain services may require a minimum equipment or bandwidth specification. We will try to inform you of these requirements but it is your responsibility to ensure that you have the right equipment or bandwidth for these services at the time of access. We are not liable for any failure to use ComX Networks caused by your failure to do so.
4.2 Some parts of ComX Networks may be accessible only to users who subscribe or pay a "per-use" charge. These sections will be clearly marked.
4.3 On registration you must provide accurate and complete information as prompted by the registration form or any other request made by ComX Networks "User Data". If you do not complete the mandatory information fields (marked with an asterisk) your registration will be rejected.
4.4 If any User Data changes you must change, maintain and promptly update the User Data to keep it accurate and complete. If you do not or if ComX Networks has reasonable grounds to suspect that any User Data is inaccurate or incomplete ComX Networks may suspend or terminate your account and access to the services.
4.5 You may unsubscribe from ComX Networks at any time by contacting ComX Networks at email@example.com
5. Your obligations
5.1 You acknowledge that by using ComX Networks and accessing our third-party links you may be exposed to content that is of an adult nature or is offensive, indecent or objectionable. ComX Networks is not responsible for any such content and you must use your own discretion in whether or not you may suffer harm as a result of access to this content.
5.2 You must not use ComX Networks in any way (including to transmit any content) that is contrary to any applicable law or regulation or these Terms, or is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of privacy, hateful, or racially, ethnically or in any way otherwise objectionable.
Acceptance of these Terms and Conditions mean that you accept, understand and agree to the afore-mentioned disclaimer.
ComX Networks Rights:
- Modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
- Change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
- We will use our reasonable endeavors to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
- Change the price of any of the services or products offered, we endeavour to notify our clients within 2 weeks should this become necessary.
- Increase the speed or amount of available data at any time, provided it is at no extra cost to the end user/client.
- Withdraw any Promotions, Special Offers, Specials or Competitions at any time. All promotions posted on and not limited to our Website and social media are only subject to fibre networks or services where ComX Networks Pty Ltd own and operate all Infrastructure. Example. 1 Month free internet services are only available on networks owned and operated by ComX Networks Pty Ltd not on any other network providers network or Infrastructure. All Promotions relating to free services only apply to new customers and not existing customers or customers that have cancelled their services 6 Months prior to the promotion.
The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
Third Party Links
In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
The Conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
Errors and Omissions Excepted
Neither ComX Networks (Pty) Ltd nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or the services or content provided from and through this Website and/or other channels of communication. Furthermore, ComX Networks (Pty) Ltd makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors to firstname.lastname@example.org
ComX Networks (Pty) Ltd shall take all reasonable efforts to accurately indicate prices and delivery charges. However, should products be erroneously offered at incorrect prices and/or delivery charges, ComX Networks (Pty) Ltd will not be obliged to sell products at such incorrect prices and/or delivery charges, but shall refund monies paid by you should you not wish to proceed with the purchase at the correct price and/or delivery charge.
Areas marked as available on the map may not be Fibre ready at your particular address due to a number of factors. Pre-orders do not guarantee that Fibre will be available at your particular address once the planned project has been completed. Should we not be able to proceed with your application we will advise you thereof. Installations are typically completed within +- 30 days, this timeframe is however not guaranteed. ComX Networks only offer Fibre to the Home services through our Fibre Line Providers at this time.
Fibre line installations and connections are subject to an installation and connection fee which is prescribed by the Fibre Line Provider. Additional fees may apply should trenching or additional cabling be required to complete the installation, ComX Networks will make any additional charges known to the client and the client will be required to accept or reject these charges before the order is completed. Please note that should the service be ordered and the incorrect address is supplied, the client will be responsible for all charges relating to the order placed at the incorrect address.
An additional fee may be charged as prescribed by the Fibre Provider for re-grading the speed of a fibre line as well as outdoor transfers (new address) and transfers between Internet Service Providers. Cancellations for fibre lines are only submitted at the end of each month, the cancellation request must be submitted via the Client Control Panel at least 30 calendar days before the cancellation date, the earliest available cancellation date will be shown in the Client Control Panel. Cancellation requests which do not adhere to the 30 calendar day notice requirement are subject to Early Termination Fees which will need to be settled before the cancellation request is processed, this fee is prescribed by the Fibre Line Provider. Transfers between Service Providers are handled in the same manner as a new installation and are typically completed within +- 30 day, this timeframe is however not guaranteed.
An additional fee of up to R2 000.00 may be charged on faults logged which are found to be caused by faulty hardware or user error. This amount will be charged to your account once we are advised of the charges by the Fibre Line Provider.
By completing the order it is deemed that consent has been received from the landlord, owner or body corporate for the installation of the service.
The available capacity on the network is shared between all users of ComX Networks bandwidth. Acceptable Usage Policies are attached to Uncapped Services. Capped services whilst the majority of the time will remain untouched may be shaped or throttled should the demand on the network and available capacity be affected. Capped services will generally receive priority through-put on our network provided there is no rise in demand or extenuating circumstances affecting the performance of the network.
Rollover of Data
Should you not use all of your purchased data within a month (1st to last day of each month); the unused data will carry over to the following month for a period of 3 months. As your data is exhausted the unused data from the oldest months accumulated data will be added to your service. In order to use your rollover you must first deplete your monthly allocation of data, once the monthly allocation is depleted your rollover data will automatically become available.
You have not used up all your data for June, July and August. In September you run out of data, we will automatically allocate the unused data from June to your data service first. If you deplete this data too, we will automatically allocate the unused data from July and if you deplete this, we will automatically allocate the data from August. If you reach the end of September and you only needed to use your rollover data from June and July, the unused data from August will be available to use in October.
Rollover of Data is only applicable to services which are paid up to date and are renewed monthly. If your debit order or credit card payment fails for any reason all data that has accumulated will fall away and will not be re-allocated on payment for the service. Should you cancel your service any accumulated data will fall away.
Uncapped services are designed and intended for personal use only. The Uncapped Services may not be repackaged/broken down and sold to 3rd parties, may not be used to provide network services like hosting/mail/ftp/backhaul for Wifi/internet cafes and other networks. The use and/or exploitation of our uncapped services for commercial use is strictly prohibited. (We have very competitive Per Gb pricing for commercials).
The Acceptable Use Policy for the Home Uncapped, Premium Uncapped and Premium Plus Uncapped can be found here. By accepting the Terms and Conditions, you also agree to the afore-mentioned AUP.
All uncapped services are billed within a calendar month (1st to last day of every month). Your proof of payment is to reach us before 5pm on the last day of the month to prevent service interruption on the 1st of each month.
Neither ComX Networks, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that ComX Networks' Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the ComX Networks Server service, unless otherwise expressly stated in this Agreement.
ComX Networks expressly limits its damages to the Client for any non-accessibility time or other down time during the system unavailability. ComX Networks specifically denies any responsibilities for any damages arising as a consequence of such unavailability. The client/user indemnifies ComX Networks against any loss or damage whatsoever, which may arise from the use of any third party software, add-ons or plugins available through our hosting services or platforms.
ComX Networks is not responsible if an external company network and firewall is setup to block access to services ComX Networks provides. If a client's network is setup to block certain ports or web addresses that compromise the services ComX Networks provides it is the client's responsibility to ensure that their network configurations are changed as necessary. ComX Networks endeavours to keep a 5 day backup of the domain, the backup is of the last 5 days content only. It is advised that an off-site back up is kept up to date by the client as the ComX Networks backup cannot be guaranteed.
On application and payment for the transfer of a hosting a service the domain space is reserved on our hosting server. It is the client's responsibility to ensure that the transfer request from ComX Networks is accepted and to advise ComX Networks of any delays. The client will be billed for the reserved hosting space regardless of the domain being transferred or not unless cancelled.
ComX Networks may at times, revise or amend its current Unlimited Web Traffic offerings relating to traffic allocations and disk sizes.
The Acceptable Use Policy can be found here.
By accepting the Terms and Conditions, you also agree to the afore-mentioned AUP.
ComX Networks strictly forbids the creation of nested VM's, or virtual instances within a virtual server. This severely degrades overall performance and will be treated as a violation of our Terms & Conditions (contrary to the intended use of the product).
ComX Networks may also, at its discretion, restrict servers to 200 IOPS (Input Output Operations Per Second) where a client's use of available virtual resources is negatively affecting the overall environment. ComX Networks reserves the right to suggest suitable alternatives to the client and / or charge for excessive traffic as it deems necessary, at its sole discretion.
Cloud Hosting services are fully managed by the client and ComX Networks does not offer any additional support on these services. All changes, backups, additions, updates, monitoring and maintenance are the responsibility of the client who purchased the cloud hosting service.
The Acceptable Use Policy can be found here.
By accepting the Terms and Conditions, you also agree to the afore-mentioned AUP.
1.1. "Administration Sites" means the Registry's official administration website/s including, but not limited to www.registry.net.za and the Registrars official administration website/s including, but not limited to www.comxnetworks.com.
1.2. "Agreement" means the Application read together with these terms and conditions.
1.3. "Applicant" means the party making application for the delegation or update of the Domain Name in terms of this Agreement, and who will be identified as the Registrant on the Application.
1.4. "Application" means the application for the delegation or update of the Domain Name submitted by, or on behalf of, the Applicant and to which these terms and conditions apply.
1.5. "Registry" means ZA Central Registry NPC, a company registered in accordance with the laws of South Africa with registration number 1988/004299/08, its successors or permitted assigns.
1.6. "Domain Name" means the domain name in the Namespace, designated by the Applicant in the Application, and governed by the Agreement.
1.7. "Namespace" means the .za domain namespace of the Internet.
1.8. "Personal Information" means information relating to an identifiable, living, natural person.
1.9. "Registrar" means ComX Networks.
1.10. "Published Policies" means those specifications and policies established and published by the Registry from time-to-time relating to the administration of the Namespace, and includes the Launch Policy, Sunrise Dispute Resolution Policy, and Auction Policy. The published policies can be found on the Administration Sites.
2.1. The Registry is responsible for delegating domain names in the .za domain / gTLD namespace of the Internet.
2.2. These terms and conditions apply to all the .za domain / gTLD domain names.
2.3. The Applicant also agrees to be bound by the Published Policies.
3.1. Payment for any fees due is strictly in advance of registration/renewal, payable by debit order or credit card.
3.2. Should the Applicant fail to pay any of the fees contemplated in this clause 3 within the periods stated herein, the Registrar may, without derogating from any other right which it may have in terms of this Agreement or otherwise, and without notice, withdraw the Domain Name delegation.
3.3. Under no circumstances whatsoever will the Registry or Registrar be obliged to refund any fees paid by the Applicant in terms of this clause 3.
4. Rights to Domain Name 4.1. The Registry or the Registrar will under no circumstances whatsoever be obliged to determine the right of the Applicant to the Domain Name. Domain names are delegated on a "first-come-first served" basis (unless the Application is made as part of the Namespace launch phase) and the delegation of the Domain Name by the Registry will in no way constitute any indication or warranty of the Applicant's right to utilise such name.
4.2. The Registry and Registrar give no warranties of any nature whatsoever with regard to the Domain Name, the registration or use thereof and hereby disclaim all such warranties, whether express or implied.
4.3. Under no circumstances whatsoever will the Registry or Registrar be obliged to act as an arbiter of disputes arising out of the registration and use of the Domain Name.
4.4. Should a third party (the "Complainant"), in contemplation of legal action against the Applicant in court or as described in clause 4.5, present the Registry or Registrar with prima facie evidence that indicates that the Domain Name violates the rights of the Complainant, then the Registry will be entitled to provide the Complainant with the Applicant's name and contact particulars. All further communication will exclude the Registry and the Registrar, and who will have no further obligations to the Applicant or complainant.
4.5. The Applicant accepts the jurisdiction of any dispute resolution mechanism established in respect of the Namespace by the Registry, ICANN or by applicable law, as the case may be, in disputes relating to the Domain Name, including the Uniform Domain Name Dispute Resolution Policy ("UDRP") and the Uniform Rapid Suspension ("URS"), and agrees to be bound by any decision that may result.
5. The Applicant's Warranties & Indemnity
5.1. The Applicant hereby irrevocably represents, warrants and agrees that:
5.1.1. the information provided in the Application is accurate and complete, and that it will keep such information up to date at all times;
5.1.2. it has the right without restriction to use and register the Domain Name;
5.1.3. to the best of its knowledge and belief the registration of the Domain Name or its use does not and will not directly or indirectly infringe any legal right of any third party in any jurisdiction, including with respect to trade mark, service mark, trade name, company name, close corporation name, copyright or any other intellectual property right;
5.1.4. will not use the Domain Name for any unlawful purpose whatsoever, including, without limitation, distributing malware, abusively operating botnets, defamation, unfair competition, passing off, phishing, piracy, counterfeiting, fraudulent or deceptive practices or generally for the purpose of confusing or misleading any person;
5.1.5. at the time of the initial submission of the Application, and at all material times thereafter, it must have an operational name service from at least two operational name servers for the Domain Name. Each server is and will continue to be fully connected to the Internet and capable of receiving queries relating to the Domain Name and responding thereto; and
5.1.6. it has selected the Domain Name without any input, influence or assistance from the Registry and/or Registrar.
5.2. Pursuant to the above warranties, the Applicant hereby agrees that it will defend, indemnify and hold harmless the Registrar and the Registry, their directors, officers, members, employees and agents, for any loss, damage, expense or liability resulting from any claim, action or demand arising out of or related to a breach of the aforementioned warranties or the use or registration of the Domain Name, including reasonable attorneys' fees on an attorney and own client basis. Such claims will include, without limitation, those based upon trade mark infringement, copyright infringement, dilution, unfair competition, passing off, defamation or injury to reputation. The Registrar agrees to give the Applicant written notice of any such claim, action or demand within reasonable time of becoming aware thereof. The Applicant agrees that the Registry and /or the Registrar will be defended by attorneys of their own respective choices at the Applicant's expense, and that the Applicant will advance the costs incurred in such litigation, to the respective parties on demand from time to time.
6. Withdrawals and Transfers
6.1. The Applicant agrees that the Registry or Registrar will have the right to withdraw the Domain Name delegation, suspend operation of the Domain Name, or transfer the Domain Name (as the case may be):
6.1.1. in the circumstances contemplated in clause 3;
6.1.2. should the Applicant breach any warranty given under clause 5.1;
6.1.3. if the Applicant withdraws its consent for processing of Personal Information described in clause 7;
6.1.4. should the Applicant breach any other provision of this Agreement, and fail to remedy such breach within 14 (fourteen) days of receiving written notice from the Registrar calling upon it to do so;
6.1.5. in order to correct mistakes by Registrar or the Registry in registering the Domain Name pursuant to the Published Polices or ICANN policy applicable to the Registrar;
6.1.6. on receipt of an order by any competent court having jurisdiction; or
6.1.7. on receipt of a decision by a dispute resolution provider appointed in terms of an official domain name Dispute Resolution Procedure introduced by law, or adopted and published by the Registry or ICANN (if applicable).
6.2. In the event that the Registrar's accreditation is withdrawn by the Registry, the Registry may initiate a forced transfer of the Domain Name to another registrar.
7. Personal Information
7.1. Personal Information provided by the Applicant to the Registrar will be used in a manner generally accepted in the domain name industry, and in particular for the following purposes:
7.1.1. use of Personal Information by the Registrar and Registry in providing the registrar and registry services respectively and in particular providing a public WHOIS facility which may include the Personal Information;
7.1.2. inclusion of Personal Information in escrow deposits by the Registrar and Registry held by third parties located both inside and outside of the respective countries in which they provide the services;
7.1.3. transfer of Personal Information to the Registry's affiliates and service providers for the purposes of providing registry services wherever in the world such parties may be located;
7.1.4. transfer of Personal Information to a third party replacing the Registry in providing the registry function in terms of the registry agreement between ICANN and the Registry, wherever in the world such third party may be located.
7.2. In processing the Personal Information as set out in clause 7.1 the Registrar and Registry may transfer such Personal Information to the parties described therein. If the Registrar is a reseller of registrar services, then the Personal Information will also be transmitted to the sponsoring registrar.
7.3. THE APPLICANT CONSENTS TO THE PROCESSING OF PERSONAL INFORMATION AS DESCRIBED IN CLAUSES 7.1 AND 7.2. AND ACKNOWLEDGES THAT REGISTRATION, TRANSFER OR RENEWAL OF THE DOMAIN NAME IS DEPENDENT ON SUCH CONSENT.
7.4. Provision of the Domain Name is dependent on the Applicant's consent, and the Domain Name may be suspended or withdrawn if the Applicant withdraws such consent.
8. Exemption and Indemnity of the Registry
8.1. THE REGISTRY ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WILL UNDER NO CIRCUMSTANCES WHATSOEVER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND AND HOWSOEVER ARISING (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, BUSINESS INTERRUPTION OR LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, DELICT, OR OTHERWISE, EVEN IF THE REGISTRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.2. THE APPLICANT WILL INDEMNIFY, DEFEND, AND HOLD THE REGISTRY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS HARMLESS AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE LEGAL FEES AND EXPENSES) RELATING TO OR ARISING OUT OF TO THE APPLICANT'S DOMAIN NAME REGISTRATION.
9.1. For adjudication of any legal disputes between the Applicant and the Registry, the Applicant hereby consents to the jurisdiction of the High Court of South Africa (Gauteng Division, Pretoria).
9.2. The Agreement will be construed and interpreted in accordance with the law of the Republic of South Africa.
9.3. The Applicant acknowledges that the Registry may oblige the Registrar to make changes to or supplement the Agreement or parts of the Agreement ("amendments") if these amendments are reasonably necessary for the administration of the Namespace. These amendments will be published on the Administration Sites from time to time.
9.4. The Applicant accepts that it is incumbent on it to monitor such changes and it hereby agrees that should it fail to notify the Registrar of the Applicant's wish not to be bound by such amendments within 30 (thirty) days of such amendment being published, it will conclusively be deemed to have acceded and agreed to the amendments thus published.
9.5. To the extent that the Registry is granted rights, the relevant provisions of this Agreement will constitute an agreement for the benefit of a third party (stipulatio alteri) in the Registry's favour. Where the Registry has lawfully assigned its rights and duties under its Registry-Registrar Agreement with the Registrar, the assignee will be the beneficiary under this clause.
9.6. In the event that any of these terms are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.
ComX Networks has not and does not conduct pre-registration searches in respect of the client's use and registration of its selected Domain Name/s and is therefore not obliged to either advise the Domain Name client/client about possible conflicting third party rights or to take steps to ensure against possible disputes concerning a third party's intellectual property or other rights. Domain Names are registered by the respective Registrars on a first come first served basis we are therefore unable to guarantee that the domain name applied for will be available when the instruction is sent to the Registrar. Domain registrations are billed on an annual basis two (2) months in advance e.g. if the original registration date was on the 15th of March 2013 you will be billed your annual registration fee on the 1st of January 2014.
The client acknowledges that the use or registration of the Domain Name by the client must not interfere with nor infringe the rights of any third party in any jurisdiction with respect to trademark, service mark, trade name, company name, close corporation name, copyright nor any other intellectual property right, and that the client has the right to use the Domain Name.
ComX Networks cannot act as an arbiter of disputes arising out of the registration and use of Domain Names. At the same time, the client acknowledges that ComX Networks may be presented with evidence that a Domain Name registered by its client violates the rights of a third party. In such instance ComX Networks shall be allowed to provide a complainant with the client's name and address and all further communication will exclude ComX Networks and ComX Networks will have no further obligations to the client. In such instances the client shall be entitled to continue using the Domain Name registered by ComX Networks until a court or other body with jurisdiction directs otherwise.
ComX Networks will not be liable for any loss or damage, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, delict, or otherwise which may be suffered as a result of or which may be attributable, directly or indirectly, to the use and/or registration of the client's selected domain names/s OR ANY ACTION TAKEN BY ComX Networks IN RESPONSE TO THE ABUSE OF THE DOMAIN REGISTRATION SERVICES WHICH IT OFFERS.
The client hereby indemnifies ComX Networks against any loss whatsoever arising from any dispute or claim or other action occasioned by the client's use and registration of its selected Domain Name, even if ComX Networks has been advised of the possibility of such damages. ComX Networks will not be liable for any indirect or consequential loss, damage, cost or expense of any kind, irrespective of how such damage or loss was caused, whether arising under contract, delict or otherwise, including, and not limited to, data loss or corruption, loss of profits, contracts, operation time and goodwill.
Failure to pay the annual renewal fee or failing to respond to a renewal notification from ComX Networks will result in the domain name been deleted which will result in the domain becoming available to the public to register. Additional fees may apply to redeem a domain which has entered the deletion process.
Please note: The free .co.za domain registration is only applicable if you select a domain with a Linux or Windows shared hosting package. This offer does not apply to our parked domain or self managed hosting packages. After 10 months, you will be billed for the annual renewal of your domain, should you decide to retain the domain. Should you wish to cancel or transfer your domain away from ComX Networks during the first 10 months of service, you will be invoiced for the registration originally covered by ComX Networks, the cancellation/transfer will only take place once this invoice has been paid.
Also note that the registration email address will be email@example.com for the first billing period, where after it will automatically update to the email address from your profile on renewal.