Domain Registration - Terms & Conditions
1.
1.1 "Agreement" means the Application read together with these terms and conditions
1.2 "Applicant" means the party making application for the registration or update of its Domain Name in terms of this Agreement
1.3 "Application" means the application for the registration or update of a Domain Name submitted by the Applicant and to which these terms and conditions apply
1.4 "Domain Name" means domain names in any of the Internet namespaces defined in our TLD list located on the website.
1.5 "effective date" means, in respect of the registration or update of a Domain Name, the date on which such registration or update is registered by Digiworks (as evidenced by an electronic message from Digiworks to Applicant confirming same), provided that Digiworks receives payment of the fees in respect of such registration or amendment within the period contemplated in clause 3
1.6 "Digiworks" means Digiworks cc, Registration No CK99/40146/23
2.
2.1 Applicant shall, within 30 (thirty) days of submitting its application, pay the then current fee in respect thereof, as determined by Digiworks from time to time. In addition, Applicant shall, within 30 (thirty) days of the anniversary of the effective date pay an annual maintenance fee, as determined and published by Digiworks from time to time, in respect of the Domain Name registration.
2.2 Should applicant fail to pay any of the fees contemplated in this clause 3 within the periods stated herein, Digiworks may, without derogating from any other right which it may have in terms of this Agreement or otherwise, and without notice, de-register the Applicant's Domain Name.
2.3 The applicant will still be liable for any cost incurred.
2.4 Digiworks shall under no circumstances whatsoever be obliged to determine the right of the Applicant to register a Domain Name. Domain Names are registered on a "first come, first served" basis and registration of a Domain Name by Digiworks shall in no way constitute any indication or warranty of Applicant's right to utilise such name.
3.
3.1 Digiworks shall under no circumstances whatsoever be obliged to determine the right of the Applicant to register a Domain Name. Domain Names are registered on a "first come, first served" basis and registration of a Domain Name by Digiworks shall in no way constitute any indication or warranty of Applicant's right to utilise such name.
4.
4.1 Applicant hereby irrevocably represents, warrants and agrees as that:
  4.1.1 its statements in the Application are true and correct
  4.1.2 it has the right without restriction to use and register the Domain Name requested in the Application
  4.1.3 it has a bona fide intention to use the Domain Name on a regular basis on the Internet
  4.1.4 the use or registration of the Domain Name by Applicant does not or will not interfere with, nor infringe the right of any third party in any jurisdiction with respect to trademark, service mark, trade name, company name, close corporation name, copyright or any other intellectual property right
  4.1.5 it is not seeking to use the Domain Name for any unlawful purpose whatsoever, including, without limitation, unfair competition, defamation, passing off or for the purpose of confusing or misleading any person
  4.1.6 it has selected its Domain Name without any input, influence or assistance from UniForum SA.
4.2 Pursuant to the above warranties, Applicant hereby agrees that it shall defend, indemnify and hold harmless Digiworks, its 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 shall include, without limitation, those based upon trade name infringement, copyright infringement, dilution, unfair competition, passing off, defamation or injury to reputation. Digiworks agrees to give Applicant written notice of any such claim, action or demand within reasonable time of becoming aware thereof. Applicant agrees that Digiworks shall be defended by attorneys of Digiworks's choice at Applicant's expense, and that Applicant shall advance the costs incurred in such litigation, to Digiworks on demand from time to time.
5.
5.1 Digiworks gives no warranties of any nature whatsoever with regard to the Domain Name, the registration or use thereof and hereby disclaims all such warranties, whether express or implied.
6.
6.1 Applicant agrees that Digiworks shall have the right to withdraw the Domain Name from use and registration on the Internet:
  6.1.1 in the circumstances contemplated in clause 3
  6.1.2 should Digiworks receive an order by any competent court having jurisdiction that the Domain Name rightfully belongs to a third party or infringes a third party's rights
  6.1.3 should Applicant breach any other provision of this Agreement, and fail to remedy such breach within 14 (fourteen) days of receiving written notice from Digiworks calling upon it to do so
  6.1.4 should Applicant not make regular use, as determined by Digiworks in its reasonable discretion, of its assigned Domain Name for a period of 90 (ninety) days or more.
7.
7.1 Applicant acknowledges that all information provided to Digiworks in the Application may be published by Digiworks on its website at www.digiworks.co.za and Applicant hereby irrevocably and without limitation consents to the publication of such information.
8.
8.1 Under no circumstances whatsoever shall Digiworks be obliged to:
  8.1.1 act as an arbiter of disputes arising out of the registration and use of the Domain Name
  8.1.2 refund any fees paid by the Applicant once the registration or amendment, as the case may be, in respect of which such fees are paid, has been effected by Digiworks.
9.
9.1 Should Digiworks be presented with evidence that indicates that a Domain Name registered to Applicant violates the rights of a third party, Digiworks shall be entitled to provide the complainant with Applicant's name and address and all further communication will exclude Digiworks and Digiworks will have no further obligations to the Applicant or complainant.
10.
10.1 DIGIWORKS WILL UNDER NO CIRCUMSTANCES WHATSOEVER AND HOWSOEVER ARISING BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (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 DIGIWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT DEROGATING FROM THE AFOREGOING, DIGIWORKS'S LIABILITY FOR DIRECT DAMAGES ARISING OUT OF THIS AGREEMENT SHALL UNDER NO CIRCUMSTANCES EXCEED THE REGISTRATION OR AMENDMENT FEE, AS THE CASE MAY BE, PAYABLE BY APPLICANT.
11.
11.1 The Applicant hereby consents to the jurisdiction of the High Court of South Africa sitting at Pretoria for the adjudication of any legal dispute between Digiworks and Applicant and these terms and conditions will be construed and interpreted in accordance with the law of the Republic of South Africa.
12.
12.1 These terms and conditions may only be varied or cancelled with the express written consent of Digiworks.
13.
13.1 Without derogating from the afore going, Applicant hereby acknowledges that Digiworks may alter, delete or supplement ("amend") these terms and conditions by publishing such amendments on the Digiworks website at www.digiworks.co.za from time to time. Applicant accepts that it is incumbent on it to monitor such changes and it hereby agrees that should it fail to notify Digiworks of Applicant's wish not to be bound by such amended terms and conditions within 30 (thirty) days of such amendment being published, it shall conclusively be deemed to have acceded and agreed to the amendments thus published.
14.
14.1 In the event that any of these terms are found to be invalid, unlawful or unenforceable, such terms will be sever able from the remaining terms, which will continue to be valid and enforceable.