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Terms & Conditions

Introduction

By using Cyrex Online Solutions (“Service”), you are agreeing to be bound by the following terms and conditions (“Terms Of Service”). You are advised to check the Terms Of Service from time to time for any updates or changes that may impact you. Cyrex Online Solutions reserves the right to update and modify the Terms Of Service at any time without notice. New features that may be added to the Service shall be subject to the Terms Of Service. Should you continue to use the Service after any such modifications have been made, this shall constitute your agreement to such modifications. Violation of any part of the Terms Of Service will result in termination of your account.

  1. You must be 13 years or older to use this Service.
  2. You must provide your full legal name, a valid email address and any other information needed in order to complete the signup process.
  3. You are responsible for maintaining the privacy and security of your account. Cyrex Online Solutions, and all affiliated, will not be held liable for any damage or loss that may result from your failure to protect your login information, including your password.
  1. A valid proof of banking letter is required for paying accounts. The owing amount must be in our account within the due by date stated on the invoice sent.
  2. We charge a standard monthly fee based on the chosen account package type. The service is billed in advance for each month, and we do not refund any service cancelled or suspended services due to FUP policy being broken.
  3. Domain names cannot be refunded
  4. Should you upgrade or downgrade your account type, your invoice will be updated and your new billing rate and upgraded service will start from the first day of the following month.
  1. Cyrex Online Solutions reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice.
  2. Cyrex Online Solutions reserves the right to change our monthly fees upon 30 days notice from us.
  1. You alone are responsible for the proper cancellation of your account.
  2. Your account and all of its content will be deleted immediately upon your cancellation of the Service.
  3. You can cancel at any time, but you will remain liable for all charges accrued up to that time, including full monthly charges for the month which you discontinued Service. You will not be charged again.
  4. Cyrex Online Solutions reserves the right to modify, suspend, or terminate your account at any time for any reason without notice or refund. We also reserve the right to delete all Content associated with your account.
  5. Cyrex Online Solutions may refuse Service to anyone for any reason at any time.
  1. Cyrex Online Solutions or its suppliers own the intellectual property rights to any and all protectable components of the Service, including but not limited to the name of the Service, artwork and end-user interface elements contained within the Service, many of the individual features, and the related documentation. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or dissemble any aspect of the Service which Cyrex Online Solutions or its suppliers own.
  2. Cyrex Online Solutions claims no intellectual property rights over the Content you upload or provide to the Service. However, by using the Service to send content, you agree that others may view and share your Content.
  1. Your use of the Service, including any content, information or functionality contained within it, is provided “as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of this Service.
  2. You agree not to resell, duplicate, reproduce or exploit any part of the Service without the express written permission of Cyrex Online Solutions.
  3. You may not use the Service to store, host, or send unsolicited email (spam).
  4. You understand that the Service can be used for transmission of your Content, and that during processing, your Content, including Client names, project names, task details, and account information may be transferred unencrypted over the internet.
  5. You may not use the Service to transmit any viruses, worms, or malicious content.
  6. Cyrex Online Solutions makes no warranties regarding (i) your ability to use the Service, (ii) your satisfaction with the Service, (iii) that the Service will be available at all times, uninterrupted, and error-free (iv), the accuracy of mathematical calculations performed by the Service, and (v) that bugs or errors in the Service will be corrected.
  7. Cyrex Online Solutions, its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to your use of the Service. Your sole remedy for dissatisfaction with the Service is to stop using the Service.
  8. If any provision of the Terms Of Service is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.
  9. The failure of Cyrex Online Solutions to exercise any right provided for herein shall not be deemed a waiver of any right hereunder. The Terms Of Service sets forth the entire understanding between you and Cyrex Online Solutions as to the Service and supercedes any prior agreements between you and Cyrex Online Solutions (including, but not limited to, prior versions of the Terms Of Service).
  10. By accessing this site, the user consents to the South African law and the jurisdiction of the South African courts governing any action which may arise in respect of the user’s use of this site.
  11. Any questions regarding the Terms Of Service should be addressed to support@cyrex.co.za

Cyrex Online Solutions does not allow any of the following content or links to such content, to be published on its Hosting Systems:

    1. Content of a pornographic, sexually explicit or violent nature.
    2. “Hate” sites or content that could be reasonably considered as discriminatory in any way including by way of sex, race or age discrimination.
    3. Content of an illegal nature (including stolen copyrighted material).
    4. Content that is defamatory or violates a person’s privacy.
    5. Content that involves theft, fraud, drug-trafficking, money laundering or terrorism.
    6. Pirated software sites.
    7. Illegal gambling sites.

If Cyrex Online Solutions in its sole discretion determines that any customer content violates any law, including the Film and Publications Act, 65 of 1966 or this policy, it may:

  1. Request the customer to immediately remove such content; and/or
  2. Require the customer to modify such content; and/or
  3. Without notice, suspend or terminate access to any services; and/or
  4. Without notice, delete the offending content; and/or
  5. Notify the relevant authorities of the existence of such content (if required by law or otherwise), make any backup, archive or other copies of such material as may be required by such authorities, disclose such elements of the customer’s data as may be requested by the authorities and take such further steps as may be required by such authorities.

Customers may not use any shared system provided by Cyrex Online Solutions in a way that interferes with the normal operation of the shared system, or that consumes a disproportionate share of the system’s resources i.e. excessive server hits, excessive bandwidth usage, excessive disk usage which (storage of music, movies etc or any other data not related to a website) or any website backups (need to be stored off-site), the use of our mail servers as a Microsoft Exchange alternative (large imap accounts), inefficient scripts or database queries may compromise other users of the shared hosting environment.
Cyrex Online Solutions carries out routine maintenance at which time any files larger than 100MB will be removed from our servers.
Cyrex Online Solutions is authorised to suspend a user’s account should it be found that excessive resource usage is negatively impacting on other customers of our shared hosting environment.

Service Availability, Service Level Guarantee and Network Uptime Guarantee
  1. We guarantee that our network will be available 99.9% of the time in any given month, excluding scheduled maintenance. This means that you should not experience network downtime of more than 43 minutes in any month counted from the first day of every month
  2. Network uptime includes functioning of all network infrastructure, including routers, switches, firewall, and cabling.
  3. Network downtime exists when a Customer is unable to transmit and receive data to and from our Managed Service and is measured according to our monitoring system.
  4. If network uptime is less than 99.9% (in other words downtime exceeds 43 minutes in a given month), we will credit you 5% of the base monthly fee for every 30 minutes of downtime (up to 100% of your monthly fee for the affected hosting package or Server).
  5. You will not receive any credit:
    • If there is a degradation of the Service outside our control.
    • During scheduled maintenance windows.
    • On the happening of a force majeure event or
    • should a well formed DDoS attack target your server or hosting infrastructure;.
    • where the downtime is due to:
      • Failure of access circuits to our network,
      • domain Name Server issues outside our direct control,
      • DNS propagation,
      • negligent customer acts or omissions; or
      • outages elsewhere on the Internet that hinder access to your hosting services.
    • We are also not responsible for browser or DNS caching that may make your website appear inaccessible when others can still access it.

    These exclusions will not apply where the problems arise from Cyrex Online Solutions Server links to the Internet or our routers.

    If you wish to exercise your right to a credit refund, you must request it by sending an email to us at accounts@cyrex.co.za. The email must include the domain or Server name associated with your hosting service in the subject line. Each request must include your customer number as well as the dates and times of the network unavailability. We must receive the request within 48 hours of the downtime. Only once we confirm the network unavailability according to our monitoring system, will we give you the credits. We will give you the credits within two billing cycles. Despite anything to the contrary, the total amount we credit to you in a particular month will not exceed the total hosting fee you must pay for the month in question.

We will give you the following support. The repair or replacement of:

  1. Network interface cards
  2. Patch cables
  3. Hard drives
  4. Central processing units (CPUs)
  5. Fans that cause a CPU to fail
  6. Memory
  7. Motherboards
  8. Power supplies andAt no cost to you. If we need to install a new operating system, we must do so with the latest version of the operating system, unless you request otherwise
  1. This guarantee only applies to Managed Hosting Customers. We will try to respond to and resolve all Managed server Problems that specifically relate to Server hardware within 90 minutes of you reporting the problem to us over the phone.
  2. If we do not Resolve (as defined below) the Managed server Problem within 90 minutes or the extended period Cyrex may advise, we will give you a credit equal to one months worth of the base hosting fee. For purposes of this clause, Resolving means that the Root Server originally provided by Cyrex responds to a ping as measured by our network monitoring system. If your Managed Server has not been configured to respond to ping requests, you must provide us with another way of determining that the Server is visible on the network. If you do not do this we will be relieved of our obligations under this clause.
  3. You must also understand that Server restore time from a back-up depends on the volume of data to be retrieved, which could result in several hours downtime. In such a case, we are not obliged to give you a credit.
  1. We guarantee that our network will be available 99.9% of the time in a given month, excluding scheduled maintenance. This means that you should not experience network downtime of more than 43 minutes in any given month counted from the first day of every month.
  2. If we do not Resolve (as defined below) the Managed server Problem within 90 minutes or the extended period Cyrex may advise, we will give you a credit equal to one months worth of the base hosting fee. For purposes of this clause, Resolving means that the Root Server originally provided by Cyrex responds to a ping as measured by our network monitoring system. If your Managed Server has not been configured to respond to ping requests, you must provide us with another way of determining that the Server is visible on the network. If you do not do this we will be relieved of our obligations under this clause.
  3. You must also understand that Server restore time from a back-up depends on the volume of data to be retrieved, which could result in several hours downtime. In such a case, we are not obliged to give you a credit.
    • Network uptime includes functioning of all network infrastructure including routers, switches and cabling, but excludes services or software running on your Server.
    • Network downtime exists when you are unable to ping the Server and it is measured according to our monitoring system.
  4. If network uptime is less than 99.9%, (in other words downtime exceeds 43 minutes in a given month), we will credit you 5% of the base monthly fee for every 30 minutes of downtime (up to 100% of your monthly fee for the affected hosting package or Server).

Web Design And All Other Services

The following Terms and Conditions of Service apply to all artwork, graphic design, print and all other services provided by Cyrex.

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form for this Section. Cyrex reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

All design work is carried out by Cyrex on the understanding that the client has agreed to abide by these terms and conditions.

 

Acceptance of Quotation and Terms and Conditions

  • Quotations are valid for a period of 7 days.
  • The placement of an order for design and/or any other services offered by Cyrex, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the client and Cyrex.

 

Design Fees & Payment

  • Fees for design services, will be set on the website order form where these terms will also be accepted.
  • At the time of the client’s order process, indicating acceptance of the Terms & Conditions, all sign-up or design fees or upfront fees are non-refundable.
  • Work on the project will not commence until Cyrex has received the Sign up, upfront or design fees.
  • The client will be asked to provide artwork, content and photos for the website design and a sign off will be required via email from the client before completion will take place. the monthly fee will commence even if the design is not done yet as per order monthly fee specification on the order form.
  • Publication and/or release of work done by Cyrex on behalf of the client, may not take place before funds have cleared
  • An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned Order. Cyrex shall be considered entitled to remove Cyrex and/or the client’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries and/or any other third party or other content or services involved.
  • Removal of such materials does not relieve the client of it’s obligation to pay the due amount. Clients whose accounts become default agree to pay Cyrex reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

 

Copyrights, Ownership and Trademarks

  • By supplying text, images and other data to Cyrex for inclusion in the client’s website or other medium or services, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials and content on the client site will remain with the client, or rightful copyright or trademark owner.
  • By supplying images, text, or any other data to Cyrex, the client grants Cyrex permission to use this material freely in the pursuit of the design and to utilise the designs in Cyrex’s portfolio unless agreed otherwise.
  • Should Cyrex, or the client supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the client will agree to allow Cyrex to remove and/or replace the file.
  • The client agrees to fully indemnify and hold Cyrex free from harm in any and all claims resulting from the client in not having obtained all the required copyright, and/or any other necessary permissions.
  • Cyrex may use any Artwork/design for it’s own promotion and portfolio use
  • Copyright of all graphic design work is retained by Cyrex including copy, concepts, ideas, proofs and illustrations (unless specifically released in writing) until after all invoices have been settled.
  • If multiple design concepts are submitted, only one concept is deemed to be given by Cyrex as fulfilling the contract. All other artwork designs remain the property of Cyrex, unless agreed in writing.

 

Alterations, Revisions and Supply of Content

  • The client agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.
  • The client also agrees that Cyrex holds no responsibility for any amendments made by any third party, before or after a design is published.
  • Unless otherwise negotiated or Cyrex copywriting services are used, the client must supply content for their project in text file format at the start of the project as well as graphics (logos, images, etc.) to be used. Text should be as close as reasonably possible to final format, with accuracy of content, spelling and grammar checked and little or no formatting (includes text from previous websites). Cyrex assumes all written content adheres to copyright laws.
  • Images and content as well as page names are also expected to be supplied before work begins, unless by prior negotiation or if using Cyrex’s photography or stock image services that will cost extra fees. Images should be supplied in the highest resolution electronic format possible, i.e. logos/images in original Illustrator / Photoshop format, or hi-res JPEG files (300 dpi). Cyrex assumes that all correct permissions have been sought and/or royalties paid for images used.
  • Unless otherwise quoted or negotiated, projects include two rounds of minor changes or author’s revisions of the chosen project only. Following two revisions per project, an additional hourly fee will be charged. We will advise you and seek your agreement before proceeding with any work that will incur additional charges.

 

Data Formats

  • Text is to be supplied to Cyrex in electronic format as standard text (.txt), MS Word (.doc) on the Cloud, or via e-mail.
  • Images which are supplied in an electronic format, are to be provided in a format as prescribed by Cyrex via a Cloud Storage. Images must be of a quality suitable for use without any subsequent image processing, and Cyrex will not be held responsible for any image quality which the client later deems to be unacceptable. Cyrex cannot be held responsible for the quality of any images which the client wishes to be scanned.
  • Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.

 

Design Project Duration

  • Any indication given by Cyrex of a design project’s duration is to be considered by the client to be an estimation. Cyrex cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds of the deposit are received by Cyrex.

 

Website Design Only

  • Once web design is complete, Cyrex will provide the client with the opportunity to review the resulting work and website to provide minor content changes for the website. Cyrex will make one set of minor changes at no extra cost within 30 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes, themes used or any navigation features. Any minor changes can be notified to Cyrex by e-mail or fax and confirmed by post.

 

Design Credits

  • The client also agrees to allow Cyrex to place all designs on Cyrex’s own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise as well as credit Cyrex on the footer of the clients website to Cyrex. A Designed by Cyrex string will be added and a link to Cyrex’s Website as well

 

Rights of Refusal

  • Cyrex will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Cyrex also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Cyrex does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the client is obliged to allow Cyrex to remove the contravention without hindrance, or penalty. Cyrex is to be held in no way responsible for any such data being included.

 

Cancellation

  • If a client cancels or alters any order or part order at any time after Cyrex has received the order then Cyrex reserves the right to render additional costs to the date of such cancellation or alteration. Unless The Cancellation is submitted a full Calendar month ahead, this will also exclude any costs involved if the client wants to move to another host a export of a softaculous backup will be sent to the new host or client. no other method will be used.

 

Disclaimer

  • Cyrex makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Cyrex will not be held responsible for any and all damages resulting from products and/or services it supplies. Cyrex is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The client agrees not to hold Cyrex responsible for any such loss or damage. Any claim against Cyrex shall be limited to the relevant fee(s) paid by the client.
  • Cyrex reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Cyrex will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

Force Majeure

  • Cyrex shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of Cyrex including but not limited to war, strikes, lockouts, industrial disputes, Lockdowns, Pandemics or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.