By ordering, installing, connecting or making use of The Legal Web Online’s goods or services from our website www.thelegalwebonline.co.za, or by indicating your acceptance of this Agreement in any other way, you agree to be bound by The Legal Web Online’s Standard Terms as well as The Legal Web Online’s Acceptable Use Policy and the specific Service Terms applicable to the good or service concerned.
Your attention is drawn in particular to clauses rendered in bold capitals in The Legal Web Online Standard Terms. What follows is a summary for your convenience and does not form part of the agreement between you and The Legal Web Online. It is your responsibility to read the clauses referred to.
You consent to a credit check and to credit record reporting (clause 7.1), if required.
You are responsible for your own actions using the services provided by The Legal Web Online (clause 9.1).
You are responsible for all hardware and software required to make use of the services provided by The Legal Web Online unless otherwise agreed (clause 9.2).
You agree to comply with The Legal Web Online’s Acceptable Use Policy (clause 9.4).
You warrant that you have the right to use any material transmitted, accessed, stored, displayed or reproduced using the service provided by The Legal Web Online (clause 11.7).
You consent to The Legal Web Online monitoring your traffic data for accounting purposes and to ensure that The Legal Web Online system is operating properly (clause 14.1).
You consent to The Legal Web Online using personal information that you provide to The Legal Web Online only for the purpose of providing the service/s, and you warrant that if you provide a third party’s personal information to The Legal Web Online you have the consent of that third party (clause 14.3).
As soon as equipment provided by The Legal Web Online leaves The Legal Web Online’s possession, risk passes to you (clause 16).
If any equipment owned by The Legal Web Online is located on premises you do not own, you must reimburse The Legal Web Online if the landlord attaches the equipment as part of a rental dispute (clause 18).
The Legal Web Online will not be liable to you if you suffer loss as a result of your use of the services provided by The Legal Web Online or which arises from the agreement between you and The Legal Web Online (clause 19).
You indemnify The Legal Web Online against any claim made against The Legal Web Online as a result of any unlawful act that you may commit, or your use of the goods or services provided by The Legal Web Online other than as allowed in the agreement (clause 20).
- How the Agreement Works
- Service Orders
- Term of Agreement and Renewal
- Amendment of Terms
- Fees and Payment
- Use of Services
- Email accounts
- Intellectual Property
- Suspension of Service
- Data & Content
- Statutory Compliance
- Loss of License
- Risk and Ownership in Equipment
- Use and Maintenance of Equipment
- Limitation of Liability
- Assignment, Subcontracting and Reselling
- Relationship between the Parties
- No Solicitation
- Application of the Consumer Protection Act
- Breach and Termination
- Force Majeure
- Domain Registration, Renewal, Redemption, Deletion & Domain Parking
1.1. “The Legal Web Online” is The Legal Web (Pty) Limited also known as www.thelegalwebonline.co.za, a company incorporated in terms of the company laws of the Republic of South Africa.
Address: 88 Edward Avenue, Johannesburg, 2192.
Telephone: +27 72 479 3863
Email: firstname.lastname@example.org/ email@example.com
1.2. “The Customer” or “You” is the party described as such on any Service Order executed between you and The Legal Web Online with contact details as entered on the Service Order.
The terms listed below will have the following meanings in this Agreement:
2.1. “Acceptable Use Policy” or AUP means the document with that heading available on The Legal Web Online Website, as amended from time to time.
2.2. “Agreement” means these Standard Terms, as well as the relevant Service Order(s), Service Terms and any schedules or annexures relating to them or to this document, which all form part of the Agreement.
2.3. “Affiliate” means, in relation to a Party, the Party’s holding company, its subsidiaries, the subsidiaries of its holding company and any other companies which, directly or indirectly, is controlled by the Party, controls the Party or is under common control with the Party.
2.4. “Business Day” means any day other than a Saturday, a Sunday or a public holiday in the Republic of South Africa.
2.5. “Business Hour” means a period of 60 minutes between the hours of 08h00 and 17h00 South African Time, on a Business Day.
2.6. “Charges” means the rates to be paid by the Customer for the Services as set out in the Charges Schedule [is it possible to put these in a schedule so details may be updated once instead of in each document]
2.7. “Customer” is defined in section 1.2.
2.8. “Customer Data” means information collected for the purpose of identifying customers as well as photographs, websites, videos, data and e-mail messages that are transmitted via The Legal Web Online System.
2.9. “Customer Equipment” means any equipment owned by the Customer, including without limitation servers, peripherals, routers, switches, Software, Databases, data cables, hard drives and uninterruptible power supplies.
2.10. “Customer System” means the Customer Equipment and Software operated together by the Customer as a system.
2.11. “Customer Support Ticket Area” means the online account administration facility provided to Customers at The Legal Web Online Website .
2.12. “CPA” means the Consumer Protection Act, 68 of 2008.
2.13. “Data” means electronic representations of information in any form.
2.14. “Database” means a collection of related data including, but not limited to, text, images sound and video, all of which have been created and integrated using a method of connecting and displaying the data into a collection of interrelated independent files or data which are stored together.
2.15. “The Legal Web Online Equipment” means any equipment supplied to the Customer by The Legal Web Online in terms of this Agreement but which the Customer does not own, or any equipment possessed by The Legal Web Online.
2.16. “The Legal Web Online Premises” means any premises where equipment used by The Legal Web Online to provide the Services is located, and which is not owned or occupied by the Customer, and includes reference to data centres both in South Africa and elsewhere.
2.17. “The Legal Web Online System” means equipment operated together as a system by The Legal Web Online to provide any Service, including without limitation servers, peripherals, routers, switches, Software, Databases, cables, generators, and uninterruptible power supplies.
2.18. “The Legal Web Online Website” means the Internet website published at the URL www.The Legal Web Online.co.za or “www.thelegalwebonline.co.za” or another URL that The Legal Web Online notifies the Customer of from time to time.
2.19. “Domain” means an Internet subdomain registered with an authorised registrar appropriate to its top-level domain (“TLD”) and comprising its constituent domain name server records including, but not limited to, host names, aliases and mail exchange (“MX”) records.
2.20. “Emergency Maintenance” means maintenance to The Legal Web Online System intended to remedy existing circumstances or prevent imminent circumstances that are likely to cause danger to persons or property, an interruption to the Services, or substantial loss to The Legal Web Online, the Customer or any third party.
2.21. “Fees” means the fees and / or charges due to The Legal Web Online by the Customer in respect of Goods or Services provided by The Legal Web Online to the Customer in terms of this Agreement.
2.22. “Goods” means any and all goods to be provided by The Legal Web Online to the Customer in terms of this Agreement, including without limitation equipment, hardware and third party software.
2.23. “Good Industry Practice” means the exercise of that degree of skill, diligence, prudence and foresight which would reasonably be expected from a skilled and experienced service provider providing similar services to those provided under this Agreement. Such a service provider would seek in good faith to comply with its contractual obligations, and with all applicable laws, codes of professional conduct, relevant codes of practice, relevant standards, and all conditions of planning and other consents.
2.24. “Hosting Service” means the type of hosting service selected by the Customer, either Website Hosting or Cloud Server Hosting as described in the Schedule and the Service Order.
2.25. “Intellectual Property Rights” means patents, registered designs, trade marks (whether registered or otherwise), copyright, trade secret rights, database rights, design rights, service marks and other intellectual property rights and rights to claim something as confidential information, including in other jurisdictions, that grant similar rights.
2.26. “Malicious Code” means anything that contains any computer software routine or code intended to:
2.26.1. allow unauthorised access or use of a computer system by any party, or
2.26.2. disable, damage, erase, disrupt or impair the normal operation of a computer system,
and includes any back door, time bomb, Trojan horse, worm, drop dead device or computer virus.
2.27. “Party” means either of The Legal Web Online or the Customer and “Parties” means both of them collectively. The term also includes their successors and anyone to whom their rights have been assigned (if this is permitted).
2.28. “Personnel” means any director, employee, agent, consultant, contractor or other representative of a Party.
2.29. “Personal Information” has the meaning set out in POPI.
2.30. “POPI” means the Protection of Personal Information Act, 4 of 2013.
2.32. “Provider” means The Legal Web Online or thelegalwebonline.co.za.
2.33. “RICA” means the Regulation of Interception of Communications and Provision of Communication-related Information Act, 70 of 2003.
2.34. “Service” means a service provided by The Legal Web Online to the Customer in terms of this Agreement.
2.35. “Service Level Availability” means a Service Schedule with that heading defining levels of service to be met by The Legal Web Online under the Agreement.
2.36. “SLA Ticket” means the reporting of a service outage or complaint regarding a Service or the Service Level Availability either via the service provider’s online portal.
2.37. “Service Order / Order” means a goods, license, services and / or work order agreed to in writing or by subscription on website (which includes reference to email or via The Legal Web Online Website) by both the Parties in terms of this Agreement and relevant Service Terms listing the specific Goods or Services to be provided by The Legal Web Online to the particular Customer.
2.38. “Service Terms” means a schedule describing the terms on which The Legal Web Online will provide a particular Good or Service, as amended from time to time, read with the General terms, such as the Hosting terms , Domains, Connectivity, AUP.
2.39. “Standard Terms” or “The Legal Web Online Standard Terms” means this document.
2.40. “Software” means any computer programme (whether source- or object code), as well as any database structure or content, artistic work, screen layout, cinematograph film, sound recording, preparatory material, user or technical documentation or any other work created in connection therewith and any modifications, enhancements or upgrades thereto.
2.41. “Supplier” means a supplier of goods and / or services to The Legal Web Online.
2.42. “Time and Materials Rate” means The Legal Web Online’s standard time and materials fees and charges applicable from time to time, including all expenses reasonably and actually incurred by The Legal Web Online, including for travel, accommodation and subsistence.
- How the Agreement Works
3.1. The Goods and Services that The Legal Web Online will provide to the Customer will be described in Service Orders and specific Service Term(s) schedules.
3.2. These Standard Terms apply to all Service Orders.
3.3. More details of particular Goods or Services may be contained in Service Term(s) Schedules.
3.4. The Service Order(s), Service Terms, and this document together form the Agreement between The Legal Web Online and the Customer. If the Parties enter into a Service Level Availability or agree to an annexure to any of these documents, these will also form part of the Agreement.
3.5. If there is any conflict between any of these documents, they will be interpreted in descending order of precedence as follows: Standard Terms (this document), Service Terms, Service Order, Acceptable Use Policy, and Service Level Availability, unless otherwise expressly stated in writing.
3.6. The meanings of any capitalised words in this document are found under the Glossary at the end of this document.
- Service Orders / Orders
4.1. The Legal Web Online will provide the Services to the Customer as described in Service Orders in terms of the Agreement.
4.2. A Service Order may be signed in hard copy (in counterparts or not), entered into via The Legal Web Online Website, per email or by another method if confirmed by The Legal Web Online.
4.3. Each Service Order (read with the other documents mentioned above) will be a separate contract between the Customer and The Legal Web Online (unless the Service Order is amended or renewed by another Service Order).
4.4. The terms of one Service Order will not apply to another, unless a Service Order amends or renews an existing Service Order or adds Goods or Services to an existing Service Order.
- Term of Agreement and Renewal
5.1. The Agreement will be in force from the date on which the Customer signs or indicates acceptance of a Service Order in some other way, and will continue in force for the period stated on the Service Order, where after it will automatically renew for further periods equal to the initial period until terminated as described in clause 5.3. If the Service Order does not specify a time period, the Agreement will operate on a month-to-month basis.
5.2. Where the commencement of a Service is delayed, the termination date of the Agreement will be calculated from the date that the Service commenced.
5.3. Unless otherwise stated in the Service Order, the Customer may terminate the Agreement on 1 (one) calendar months’ notice in writing to the other. Cancellations by the Customer must be confirmed by The Legal Web Online to have effect.
- Amendment of Terms
6.1. The Legal Web Online may amend the Standard Terms and Service Terms at any time. The amended versions will be posted on The Legal Web Online Website, and The Legal Web Online will as soon as possible after posting the amendments make reasonable efforts to advise the Customer of them by email and via the Customer Support Ticket Area.
6.2. The Legal Web Online must give at least 14 days or immediate notice under extreme conditions written notice of the amendments.
6.2.1. In the case of a fixed-term Agreement (which includes services renewed monthly), the amendments will become effective at the end of the then current contractual period.
6.2.2. In the case of an indefinite period, the amendments will become effective at the beginning of the first calendar month after the notice period has expired, and the Customer may terminate the Agreement before the end of the notice period if it objects to the amendments. The termination will take effect at the end of the notice period.
6.3. If The Legal Web Online increases its Fees, notice of the change must take place as described in clause 6.2
7.1. THE CUSTOMER CONSENTS TO THE LEGAL WEB ONLINE CARRYING OUT A CREDIT CHECK ON THE CUSTOMER AT ANY APPLICABLE CREDIT BUREAU IF REQUIRED, AND MAY MAKE THE PROVISION OF THE GOODS OR SERVICES DEPENDANT ON ITS SATISFACTION WITH THE RESULTS. THE LEGAL WEB ONLINE MAY ALSO PROVIDE INFORMATION ON THE CUSTOMER’S PAYMENT RECORD TO A CREDIT BUREAU.
7.2. If the Customer is a juristic person, The Legal Web Online may require one or more of its officers to stand surety for the Customer’s obligations under this Agreement. Even if the Agreement has commenced, The Legal Web Online may withhold providing the Services until the surety has been signed.
7.3. Depending upon the Service provided to the Customer, The Legal Web Online may be obliged under RICA to obtain certain information from the Customer, and The Legal Web Online may withhold or suspend provision of Services until the Customer has provided the necessary information to The Legal Web Online.
7.4. If the Customer has not complied with a requirement of this clause 7, The Legal Web Online may delay providing the Services until the Customer has complied. If the Customer does not comply within a reasonable period, The Legal Web Online may terminate this Agreement and will not be liable for any damage that the Customer may suffer as a result.
- Fees and Payment
8.1. The Customer will be liable for and will pay the Fees in respect of Services supplied in terms of this Agreement on the basis set out in the Service Orders, without deduction or set-off.
8.2. The Legal Web Online may at its sole instance require the Customer to make payment by way of debit order.
8.3. Unless otherwise agreed:
8.3.1. Billing will commence on the date that Service provision commences.
8.3.2. Partial months (if applicable) will be charged pro rata, and this Fee may be included in the following month’s charge for convenience’ sake.
8.3.3. All other invoices must be paid by the Customer within ten (10) calendar days of the date of The Legal Web Online’s invoice.
8.3.4. Pre-paid Fees must be paid by the 7th day of the relevant month.
8.3.5. All Fees and other amounts payable are quoted exclusive of VAT.
8.3.6. All transactions are processed in South African Rands (ZAR) unless otherwise agreed upon in writing from the Accounts department or Management.
8.3.7. Should the Customer elect to pay via Cash or Cheque payments, services shall only be activated once the proof of payment has been faxed through to the Provider and said amounts are cleared by the bank. The Provider is not responsible for domains being lost, or taken by a third party during the transition period between the registration and the receipt & clearing of the payment for said domains.
8.3.8. All cash / ATM and / Teller deposits will be subject to the bank fees as set out by the bank.
8.4. Interest will be charged on any amount that remains unpaid by the Customer beyond the due date of payment:
8.4.1. The interest rate will be 2% (two percent) above the prime overdraft rate (percent, per annum), up to a maximum of 2% per month.
8.4.2. The prime overdraft rate will be as charged by The Legal Web Online’s bankers at the time, which will be evidenced by a certificate issued by any manager of that bank, whose authority it shall not be necessary to prove.
8.4.3. The interest will be calculated from the due date of payment to the date of actual payment, both days inclusive, and will be compounded monthly in arrears. The Customer agrees and undertakes to pay the interest.
8.5. The Legal Web Online may at its sole discretion suspend the provision of Services in respect of which any amount is outstanding:
8.5.1. immediately where a debit order fails due to incorrect information or insufficient funds (with a delay in reconnection of up to 72 hours in the case of multiple bounces), or
8.5.2. on 5 (five) Business Days written notice to the Customer in any other case,
8.5.3 unless the amount is the subject of a legitimate billing complaint by the Customer. Such suspension will not relieve the duty upon the Customer to make payment of subsequent Fees for that service or any other amounts due to The Legal Web Online.
8.6. Reconnection of any Service suspended in terms of clause 8.4 will be subject to a reasonable reconnection fee which will be published on The Legal Web Online Website from time to time.
8.7. Termination of any annual or bi-annual account before its pre-paid term ends will be subject to a reasonable administration fee which will be published on The Legal Web Online Website from time to time.
8.8. Should any amount be outstanding by more than 60 Business Days, The Legal Web Online may refer the matter to a debt collection agency or attorney for collection. Should it do so, the Customer will be liable for a reasonable administration fee which will be published on The Legal Web Online Website from time to time, as well as any legal costs arising from collection of the debt.
8.9. If a particular Service is provided by calendar month, and the commencement date for that Service is not the beginning of a calendar month, the Fee for that first month will be reduced proportionately.
8.10. The Legal Web Online may increase or decrease the Fee for any Service from time to time, and this will be done in the same way as an amendment of this Agreement (see clause 6).
8.11. The Customer will reimburse all reasonable expenses that are necessarily and actually incurred by The Legal Web Online and The Legal Web Online’s Personnel in fulfilling The Legal Web Online’s obligations in terms of this Agreement. Such expenses include, but are not limited to, travelling, subsistence, goods and services purchased on the Customer’s behalf, communications, stationery, reports and presentation material. Travelling and subsistence expenses will be agreed between the parties from time to time.
8.12. The Parties agree that in the event of any dispute in respect of monies owing to The Legal Web Online which have not been paid by the due date; The Legal Web Online:
8.12.1. may retain any Customer Equipment which is in its possession in pursuance of any Service Order as security for payment of any disputed amount, and
8.12.2. will be entitled, but not obliged, to dispose of such Customer Equipment in order to recover any amounts so owing should such amounts have been outstanding for a period of more than 60 (sixty) days from due date.
8.13. If a Customer has been given a discount as a result of referring a third party to The Legal Web Online, the discount will be forfeited if the referee terminates its agreement with The Legal Web Online within three (3) months of commencement.
- Use of Services
9.1. THE CUSTOMER ACCEPTS THAT IT IS RESPONSIBLE FOR ALL OF THE CONSEQUENCES OF ITS OWN ACTIVITIES AND THOSE OF ITS EMPLOYEES, OFFICERS, AGENTS, INDEPENDENT CONTRACTORS AND ALL OTHERS UNDER ITS CONTROL WHEN USING THE SERVICES.
9.2. THE CUSTOMER IS RESPONSIBLE FOR OBTAINING, INSTALLING AND MAINTAINING ALL HARDWARE AND SOFTWARE REQUIRED TO ACCESS THE LEGAL WEB ONLINE SYSTEM AND MAKE USE OF THE SERVICES, UNLESS OTHERWISE AGREED IN WRITING.
9.3. The Customer must make use of the Services in a considerate and lawful way, and The Legal Web Online has developed an Acceptable Use Policy that contains reasonable rules of conduct for the use of the Service. The Acceptable Use Policy, as amended, is available for viewing on The Legal Web Online Website.
9.4. THE CUSTOMER MUST COMPLY WITH THE ACCEPTABLE USE POLICY AND ENSURE THAT ANYONE UNDER ITS CONTROL THAT USES THE SERVICES ALSO DOES SO. A BREACH OF THE ACCEPTABLE USE POLICY IS A BREACH OF THE CUSTOMER’S DUTY TO ACT IN A CONSIDERATE AND LAWFUL WAY.
9.5. Network security threats evolve quickly and behaviours change as technology changes. As a result, The Legal Web Online must be able to amend the Acceptable Use Policy at any time, and reserves the right to do so. The Customer has a general duty to act in a considerate and lawful way; an amendment to the Acceptable Use Policy does not constitute an amendment of this Agreement.
9.6. The Legal Web Online may use upstream Suppliers in providing certain Services, which may maintain their own acceptable use policies. The Legal Web Online will inform the Customer if this is the case. The Customer agrees to abide by these policies in using the relevant Services. The Legal Web Online may treat a breach of a Supplier’s acceptable use policy as if it were a breach of The Legal Web Online’s Acceptable Use Policy.
- Email accounts
If email accounts are made available to the Customer, they will be provided on the following terms:
10.1. The Legal Web Online may filter incoming email for unsolicited bulk email (Spam), Virus and Malicious Code. This filtering will be done on a best effort basis without any warranty of any kind.
10.2. The servers used to provide an email Service will be subject to the same level of security as the rest of The Legal Web Online System.
10.3. The Customer may send bulk email, but may not send unsolicited bulk email, as described in the Acceptable Use Policy.
10.4. The Legal Web Online will be entitled to take whatever steps it deems necessary to prevent the sending of unsolicited bulk email using The Legal Web Online System.
10.5. The Legal Web Online will be entitled to take whatever steps it deems necessary to prevent an IP address allocated to The Legal Web Online from being blocked as result of the transmission of bulk unsolicited email, and may amongst other measures:
10.5.1. suspend the Customer’s email account, and
10.5.2. suspend access to a domain name hosted on The Legal Web Online System.
10.6. If The Legal Web Online incurs costs in unblocking any of its IP addresses as a result of a Customer sending bulk unsolicited email using The Legal Web Online System, the Customer will be liable for those costs, including time and materials at The Legal Web Online’s standard rates.
10.7. If email accounts are held on The Legal Web Online’s servers:
10.7.1. The Legal Web Online may delete emails received or sent more than 90 days before a given date;
10.7.2. If the mailbox size specified in the relevant Service Order is exceeded, no further emails will be received into the Customer’s account;
10.7.3. No emails larger than 20 Mb will be sent or received;
10.7.4. Upon termination of the Service all email will be deleted and email addresses associated with the Customer’s account will cease to function;
10.7.5. The Legal Web Online has no responsibility for backing up email stored on its servers; and
10.7.6. “Webmail” is provided as a complimentary service and The Legal Web Online gives no warranty that it will be accessible by the Customer at any given time.
10.7.7. Individual mail sent to the Customer’s POP3/IMAP box or forwarded to the Customer’s existing email address may be limited to 5MB in size each.
10.8. The Legal Web Online reserves the right to refuse domain and hosting services based on network, domain and/or equipment identifiers and at our sole discretion.
- Intellectual Property
11.1. Nothing in this Agreement will be interpreted as granting either The Legal Web Online or the Customer a license to deal in any way with any Intellectual Property owned by the other, nor will anything be construed as an assignment of Intellectual Property to the other, unless otherwise agreed in writing.
11.2. If The Legal Web Online provides the Customer with Software as part of providing a Service, and it holds Intellectual Property rights to the Software, it grants the Customer a non-exclusive, non-transferable licence to use that Software:
11.2.1. only for the Customer’s own purposes;
11.2.2. for making use of the Services; and
11.2.3. for the duration of this Agreement and subject to its terms.
11.3. If The Legal Web Online provides the Customer with Software owned by a third party, the Customer must comply with all license terms imposed by the third party when it uses the Software. These terms include any terms appended to a Service Order.
11.4. Copyright in any Software or other works created by The Legal Web Online in terms of this Agreement will vest in The Legal Web Online.
11.5. The Customer is specifically prohibited from reverse engineering, disassembling, decompiling or using any method to discover the source code of any Software provided in terms of this Agreement (or attempting to do so), where the Intellectual Property is not owned by the Customer.
11.6. The Customer undertakes to comply with all intellectual property laws, and to do nothing related to or connected with this Agreement or its use of The Legal Web Online System which may infringe the Intellectual Property rights of The Legal Web Online or any third party.
11.7. THE CUSTOMER WARRANTS THAT IT EITHER OWNS THE INTELLECTUAL PROPERTY RIGHTS TO ALL MATERIAL TRANSMITTED, ACCESSED, STORED, DISPLAYED OR REPRODUCED USING THE LEGAL WEB ONLINE SYSTEM, OR THAT IT HAS THE PERMISSION OF THE OWNER OF THE MATERIAL TO MAKE USE OF THAT MATERIAL IN THAT WAY.
11.8. The Legal Web Online will have the right to make copies of the Customer Data if this is necessary to provide a Service.
11.9. While providing the Services, The Legal Web Online may have one or more Internet Protocol (“IP”) addresses allocated to the Customer.
11.9.1. The Customer must put the assigned IPs to the use specified or implied in the Service Order, and will not put them to another use without the express written consent of The Legal Web Online.
11.9.2. The Customer acknowledges that IP addresses are not property and cannot be owned. As a result the Customer has no right or expectation of a right to ownership of any IP address assigned to it.
11.9.3. On termination of this Agreement or the relevant Service Order, any IP Addresses assigned to the Customer may be removed from the Customer, and the Customer will have no recourse against The Legal Web Online or any third party as a result of any loss sustained as a result.
12.1. The Legal Web Online will implement measures in line with Good Industry Practice and its Acceptable Use Policy to ensure the security of The Legal Web Online System and the physical security of The Legal Web Online Premises and or Data Centres, but gives no warranty that breaches of security will not take place.
12.2. If the Customer discovers a security violation, or thinks that a security violation is imminent, it must immediately notify The Legal Web Online.
12.3. If the Customer suffers damage as a result of loss or corruption of Customer Data through a security violation or breach of the Acceptable Use Policy, the Customer will be liable for the damage if the violation was the Customer’s fault.
12.4. The Customer must not do anything that may prejudice the security of The Legal Web Online System, and must take all reasonable measures necessary to ensure that:
12.4.1. no unlawful access is gained to The Legal Web Online Premises, The Legal Web Online System, or the Customer System;
12.4.2. no Malicious Code is introduced into The Legal Web Online System;
12.4.3. the Customer Data is safeguarded; and
12.4.4. any Internet Protocol (“IP”) address range assigned to the Customer cannot be attacked by third parties;
12.4.5. all use of the Services occurs in compliance with the Acceptable Use Policy.
12.5. If a security violation occurs, or The Legal Web Online is of the view that a security violation is imminent, The Legal Web Online may take whatever steps it considers necessary to maintain the proper functioning of The Legal Web Online System including without limitation:
12.5.1. changing the Customer’s access codes and passwords (or those of any user of The Legal Web Online System),
12.5.2. preventing access to the Customer System, and
12.5.3. preventing access to The Legal Web Online System.
12.6. The Legal Web Online takes reasonable measures to provide disaster recovery but does not warrant that recovery will be successful or that it will be completed within any time limit.
12.7. The Customer must give its full cooperation to The Legal Web Online in any investigation that may be carried out by The Legal Web Online regarding a security violation. If it is found that the Customer has violated the Acceptable Use Policy, the Customer shall pay Investigation fees to recover the costs per hour that the Provider’s personnel must spend to investigate any violations as set out in the Fee Schedule.
12.8. If the Customer is providing any service to third parties that makes use of The Legal Web Online System, the Customer must contractually bind those third parties to equivalent terms regarding security as are set out in this clause 12.
- Suspension of Service
13.1. The Legal Web Online is entitled to suspend provision of the Service(s) to the Customer where:
13.1.1. the Customer is found to be in breach of the Acceptable Use Policy,
13.1.2. the Customer has not made payment of monies owing to Service Provider by due date, subject to clause 8.4,
13.1.3. such suspension is necessary to maintain security as set out in clause 12,
13.1.4. The Legal Web Online or its contractors need to carry out Emergency Maintenance,
13.1.5. the Customer has failed to co-operate in an investigation as set out in clause 12.7 or otherwise has breached its duties set out in clause 12 such that its continued access to the Service Provider System constitutes a threat to security, and / or
13.1.6. where so ordered by a court having jurisdiction over Service Provider.
13.2. The Legal Web Online is entitled to suspend Service as set out in clause 13.1 immediately and without notice. In the case of grounds set out in clauses 13.1.1 to 13.1.3. The Legal Web Online must provide the Customer with at least seven (7) days’ notice of such suspension, unless the circumstances are such that immediate suspension is necessary to avoid loss to The Legal Web Online, the Customer or any third party.
13.3. Should the Customer’s account be suspended for non-payment, the Provider reserves the right to place a non-payment page on the Customer’s domain.
13.4. The period of suspension will be that which is reasonable under the particular circumstances that gave rise to the suspension.
13.5. Reconnection of any Service suspended in terms of clauses 13.1.1 to 13.1.6 will be subject to a reasonable reconnection Fee.
- Data & Content
14.1. WHILE THE LEGAL WEB ONLINE RECOGNISES THE CUSTOMER’S RIGHT TO PRIVACY OF ITS DATA, THE CUSTOMER CONSENTS TO THE LEGAL WEB ONLINE MONITORING THE CUSTOMER’S TRAFFIC DATA USING THE LEGAL WEB ONLINE SYSTEM FOR ACCOUNTING PURPOSES AND TO ENSURE THAT THE LEGAL WEB ONLINE SYSTEM IS OPERATING PROPERLY.
14.2. The Customer must not upload to, store on or transmit any data or content via The Legal Web Online System that is unlawful, harmful, or in breach of the Acceptable Use Policy.
14.3. THE CUSTOMER CONSENTS TO THE LEGAL WEB ONLINE PROCESSING PERSONAL INFORMATION TRANSMITTED TO THE LEGAL WEB ONLINE SYSTEM IN A WAY WHICH IS CONSISTENT WITH THE SERVICE BEING PROVIDED. WHERE THE CUSTOMER’S USE OF A SERVICE LEADS TO THE TRANSMISSION OF PERSONAL INFORMATION TO OR FROM THE REPUBLIC OF SOUTH AFRICA, THE CUSTOMER ACKNOWLEDGES THAT IT HAS A DUTY TO COMPLY WITH ANY RELEVANT STATUTORY PROVISIONS DEALING WITH DATA PRIVACY EITHER IN THE REPUBLIC OF SOUTH AFRICA OR IN ANY FOREIGN COUNTRY TO WHICH THE PERSONAL INFORMATION IS TRANSMITTED. THE CUSTOMER WARRANTS THAT IT HAS OBTAINED THE CONSENT OF ANY THIRD PARTY FOR THE USE OF THAT PARTY’S PERSONAL INFORMATION IN THIS WAY.
14.4. The Legal Web Online has no knowledge of or interest in data that the Customer may transmit via, store on or access from The Legal Web Online System. The Legal Web Online also has no duty to monitor any content made available or published through The Legal Web Online System, unless required under clause 15 (Statutory Compliance).
- Statutory Compliance
15.1. The Legal Web Online is obliged to comply with certain statutory provisions including, but not limited to, those set out in the following Acts (and their associated regulations):
15.1.1. the Films and Publications Act 65 of 1996;
15.1.2. the Electronic Communications and Transactions Act 25 of 2002;
15.1.3. the Regulation of Interception of Communications and Provision of Communication-related Information Act (Act 70 of 2002), and
15.1.4. the Electronic Communications Act 36 of 2005 and
15.1.5. the Protection of Personal Information Act 4 of 2013.
15.2. The Legal Web Online’s compliance with these statutory provisions may require measures that would otherwise be infringements of the Customer’s privacy, such as interception of the Customer’s communications or the examination of Customer Data. No action will lie against The Legal Web Online for any damages that it may suffer as a result of these measures.
- Loss of License
16.1. If The Legal Web Online cannot continue with provision of any Service because any license, permit, certificate consent, exemption or other necessary legal requirement is withdrawn, The Legal Web Online must make best endeavours to provide an alternative service to the Customer within 10 (ten)