Service Agreement

This Service Agreement (the “Agreement”) governs the terms of use for customers (the “Client”) of GlobeSky (“GlobeSky”) making use of GlobeSky’s Internet services (the “Services”) provided.

By making use of the Services, the Client accepts that this Agreement constitutes the entire agreement between the Client and GlobeSky (jointly referred to as the “Parties”), and the Agreement may be changed by GlobeSky from time to time, without prior notice to the Client. A current copy of the Agreement will be available upon request, and on the GlobeSky website.

The following terms and conditions apply:

Payment for Services

Services are billed in advance of the Client’s use of the Service. Should the Client’s Service(s) begin or end on a date other than the first day of the Service billing cycle, the amount shall be prorated for the partial period.

For most Services, the client has the option to choose between one (1) month, six (6) month, and twelve (12) month billing cycles. Billing cycle options are displayed on the GlobeSky website, on current pricelists, and made available verbally upon request. One month billing cycle Services are considered “subscription” Services, and do not require advanced warning for recurring billing by GlobeSky to the Client. Six and twelve month billing cycle services are not necessarily considered subscription Services, and confirmation (and payment) must be made by the Client to continue these Services.

For one month billing cycle Services (subscription Services):

Clients may choose to pay for one month billing cycle services by credit card (Visa or MasterCard only) or by bank debit order. These are the only options for payment on one month billing cycle services.

For six month and twelve month cycle Services:

Clients may choose to pay for six month or twelve month billing cycle services by credit card (Visa or MasterCard only), by bank debit order, direct bank deposit, or by cheque. In the case where funds are not immediately available, GlobeSky may, at its own discretion, put a hold on the Services until such time as the funds are made available.

Invoicing:

Tax invoices for all services will be made available to the Client upon request, and will be delivered by any reasonable method of their choosing, such as: email, fax, or post.

When initiating a Service, the Client will be charged for the published setup fee (where applicable) for the Service. A prorated charge will be added to the first charge when the start date for Service does not coincide with the billing cycle dates.

Grace Period:

Clients will be allowed a grace period of seven (7) days from the due date for Services.

Failed Payment:

In the case of a failed payment, a reasonable fee will be charged for re-processing of the Client’s account. The amount charged for re-processing will be no less than fifty Rands (R50.00).

Taxation:

We do not charge VAT. All amounts displayed is what the client pays.

Term of Agreement:

This Agreement shall continue indefinitely, for as long as the Client makes use of the Services. This Agreement may be terminated with thirty (30) day's written notice by either party at any time. If the Client is in default under this Agreement (including non-payment), then GlobeSky may immediately terminate the Agreement without prior notice to the Client.

In the case of six or twelve month Services, no notice is required by the Client to forego resumption of Service.

Compliance with Law and GlobeSky Policy:

The Client agrees to use the Services provided by GlobeSky in a manner completely consistent with all applicable laws and regulations, and in accordance with GlobeSky’s Acceptable Use Policy. GlobeSky’s Acceptable Use Policy will be published on the GlobeSky website, and will be made available upon request by the Client.

Prohibition of Publication of Illegal Material

Client shall not knowingly or unknowingly submit to GlobeSky for publication any of the following material (including pictures, links, or any other content):

(1) any material which violates or infringes any copyright, trademark, trade secret, patent, statutory, common law or other proprietary rights of others;

(2) any material that is libellous or slanderous;

(3) any activity that could lead to the harm or damage of the property of others, deny or interfere with the use of property or services of others, or that may enable access to materials deemed to be private or confidential;

Any violation of the above conditions will result in the immediate termination of the Client's account without notice.

Due to the public nature of the Internet, all material submitted by Client for publication will be considered publicly accessible. GlobeSky does not screen or monitor any Client's material submitted for publication. GlobeSky's assistance in the publication of material submitted by the Client does not create any express or implied approval by GlobeSky of such material, nor does it indicate that such material complies with the terms of this Agreement.

DISCLAIMER OF WARRANTIES

GlobeSky'S SERVICES ARE PROVIDED ON AN 'AS IS, AS AVAILABLE' BASIS. GlobeSky SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL GlobeSky BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF GlobeSky HAS BEEN ADVISED BY CLIENT OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF GlobeSky'S SERVICE TO CLIENT IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, GlobeSky SHALL NOT BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE.

Limitation/Disclaimer of Liability

GlobeSky is not responsible, nor to be held liable, for protection or the guarantee of privacy of electronic mail or other information transferred through the Internet, GlobeSky’s network, or any other network its Clients may utilise through GlobeSky’s Services.

GlobeSky does not represent or warrant to the Client that the Client will receive continual and/or uninterrupted service during the term of this Agreement. In no event shall GlobeSky be liable to the Client for any loss or damages resulting from, or related to, any failure or delay on the part of GlobeSky in the provision of Services under this Agreement. If delays or failures in the provision of Services are due to strikes, riots, fire, inclement weather, acts of God, theft, vandalism, or other causes beyond GlobeSky's control, such failure or delay shall not constitute a default under this Agreement.

Indemnity

Client agrees to defend, indemnify and hold GlobeSky harmless from and against any and all claims, losses, liabilities and expenses (including attorneys' fees and court costs) related to or arising from the provision of Services by GlobeSky to Client under this Agreement, including, without limitation, claims made by third parties.

Relationship of the Parties

The Parties intend that an independent contractor relationship will be created by this Agreement, and that no partnership, joint venture or employee/employer relationship is intended.

Waiver

Any party's failure to insist on compliance or enforcement of any provision of this Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of this Agreement.

Attorneys' Fees

If a legal proceeding is commenced to enforce or obtain a declaration of rights under this Agreement, the prevailing party in such proceeding shall be entitled to recover its reasonable attorneys' fees and costs incurred in the proceeding from the nonprevailing party, as well as any reasonable attorneys' fees and costs that the prevailing party incurred prior to commencing the proceeding.

IP Addresses

GlobeSky maintains control and ownership of any and all IP numbers and addresses that may be assigned to Client. GlobeSky reserves the right to change or remove any and all IP numbers and addresses at any time, at its sole discretion.