Disclaimer
[ our terms and conditions ]

De Klerk Productions - Website Disclaimer

By accessing the De Klerk Productions site you signify that you have read and understood the De Klerk Productions Disclaimer of Liability and Copyright statement.

INTERNET DISCLAIMER OF LIABILITY AND COPYRIGHT STATEMENT

De Klerk Productions endeavours to ensure the accuracy and reliability of the information provided at this website but De Klerk Productions does not represent, warrant or in any way guarantee the accuracy or completeness of such information or that it is always up to date. In the circumstances, De Klerk Productions accepts no liability for (or in any respect of) any direct, indirect or consequential liability, loss or damage of any kind or nature, howsoever arising, from the reliance on information provided at this website.Links to other sites from this website are for information only and De Klerk Productions further accepts no responsibility for or liability arising from access to, or the information provided at, any site which is linked from or to this website.The copyright and all other rights in the information contained at this website are held exclusively by De Klerk Productions or third parties who have supplied information to De Klerk Productions.

De Klerk Productions reserves the right to take action in respect of any unauthorised reproduction, publication, adaptation, broadcast, public performance or other communication to the public of the information contained at this website

Introduction

De Klerk Productions are committed to protecting any data that we collect concerning you. By using our services you agree to the use of the data that we collect in accordance with this Privacy Policy.

We are committed to protecting your privacy

We collect the minimum amount of information about you that is commensurate with providing you with a satisfactory service. This Policy indicates the type of processes that may result in data being collected about you. Your use of this website gives us the right to collect that information.

Information Collected

We may collect any or all of the information that you give us depending on the type of transaction you enter into, including your name, address, telephone number, fax number and email address, together with data about your use of the website. Other information that may be needed from time to time to process a request may also be collected as indicated on the website.

Information Use

We use the information collected primarily to process the task for which you visited the website., All reasonable precautions are taken to prevent unauthorised access to this information.  This safeguard may require you to provide additional forms of identity should you wish to obtain information about your account details.

Cookies

Your Internet browser has the in-built facility for storing small files - "cookies" - that hold information which allows a website to recognise your account. Our website takes advantage of this facility to enhance your experience. You have the ability to prevent your computer from accepting cookies but, if you do, certain functionality on the website may be impaired.

Disclosing Information

We do not disclose any personal information obtained about you from this website to third parties. We may use the information to keep in contact with you and inform you of developments associated with our business. You will be given the opportunity to remove yourself from any mailing list or similar device. If at any time in the future we should wish to disclose information collected on this website to any third party, it would only be with your knowledge and consent.
We may from time to time provide information of a general nature to third parties - for example, the number of individuals visiting our website or completing a registration form, but we will not use any information that could identify those individuals.

Disclosure to Law Enforcement

De Klerk Productions may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

Changes to this Policy

Any changes to our Privacy Policy will be placed here and will supersede this version of our Policy. We will take reasonable steps to draw your attention to any changes in our Policy. However, to be on the safe side, we suggest that you read this document each time you use the website to ensure that it still meets with your approval.

Contacting Us

If you have any questions about our Privacy Policy, or if you want to know what information we have collected about you, please contact us. You can also correct any factual errors in that information or require us to remove your details form any list under our control.

Terms and Conditions

De Klerk Productions was established in 2007 and has been offering its services to corporate and individual clients. We offer the following services: web design, web hosting, graphic design, videography, video editing, photography, branding, promotional gifts and branded clothing.

Terms of Service

Please be sure to read our Terms of Service should you use this web site or purchase any of our services and/or products. Purchasing products and/or services from us constitutes that you have read, understand and agree to our Terms of Service.

Use of Site

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.

Disclaimer of Warranty

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 owner of this site, the authors of these contents and in general anybody connected to this site in any way, from now on collectively called "Providers", assume no responsibility for errors or omissions in these contents.

The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness 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.

The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.

Delivery Policy

When you click to make a purchase with us, legal obligations arise and your right to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our terms & conditions. You must not make any purchase through this site unless you understand and agree all our terms and conditions. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such purchase. If you have any queries please contact us before making any purchase for any service through this website.

Contact Details

Physical Address:
2 Anfield, Strubens Valley, Roodepoort, Gauteng, South Africa, 1736

Postal Address:
P.O. Box 86, Wilgeheuwel, Roodepoort, 1736

Email Address:
barry@deklerkproductions.co.za

Phone Number:
+(27) 82 446 8045

The use of services from De Klerk Productions [hereafter referred to as "De Klerk Productions"] constitutes agreement to these terms.

1.) Account Setup / Email on file

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

Transfers

Our transfers team will make every effort to help you move your site to us, however, we can not make guarantees of the transfer process. We provide this as a courtesy service and can not make guarantees regarding its availability or the amount of time it may take as each host is configured a little differently. We will try our best, however, in some cases we may be unable to assist you in a transfer of data from an old host.

2.) Content

All services provided by De Klerk Productions may only be used for lawful purposes. The laws of the State of Florida, the State of Texas, and the United States of America apply as do those of The Republic of South Africa.

The customer agrees to indemnify and hold harmless De Klerk Productions from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email us with the information required. If the request is of a licensing issue, we may require further documentation.

Examples of unacceptable material on all Shared, Reseller and Dedicated Servers include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content is prohibited.

Acceptable material on Dedicated Servers:
Proxy Scripts / Anonymizers, Image Hosting sites and muds / rpg's

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.

If in doubt regarding the acceptability of your site or service, please contact us and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers: Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

3.) Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
De Klerk Productions reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

De Klerk Productions reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of De Klerk Productions.

4.) Payment Information

You agree to supply appropriate payment for the services received from De Klerk Productions, in advance of the time period during which such services are provided. You agree that until and unless you notify De Klerk Productions of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Cancellations must be done in writing via the your client panel on the De Klerk Productions web site. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you that your account has been canceled. At this time, your account with us has been canceled. If you do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately as this means your account has not yet been cancelled.

As a client of De Klerk Productions, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. De Klerk Productions provides a 5 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 5 days and not paid will result in a R100 late fee and/or an account suspension until account balance has been paid in full.

Any funds deposited into De Klerk Productions account cannot be refunded and will be added as credit onto the clients account for use at De Klerk Productions.
De Klerk Productions reserves the right to change the monthly payment amount and any other charges at any time.

5.) Backups and Data Loss

Your use of the service is at your sole risk. De Klerk Productions is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on De Klerk Productions servers.

6.) Cancellations and Refunds

De Klerk Productions reserves the right to cancel the account at any time with or without notice.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

7a.) Resource Usage

User may not:
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutes

When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")

7b.) INODES

The use of more than 50,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid overusage. Every file on your account uses up 1 inode.

Simply exceeding the limit does not constitute grounds for suspension however accounts that constantly create and delete large numbers of files on a regular basis or causing file system damage may cause your account to be flagged for review.

8.) Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

9.) Uptime Guarantee

If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of De Klerk Productions dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact us with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

10.) Reseller: Client Responsibility

Resellers are responsible for supporting their clients. De Klerk Productions does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. De Klerk Productions will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

11.) Shared (non-reseller accounts) / Semidedicated Servers

Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account. Semidedicated servers are not backed up. You must maintain your own backups.

12.) Dedicated Servers

De Klerk Productions reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. De Klerk Productions reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the most simple solution. Please contact us if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.

13.) Price Change

We reserve the right to change prices listed on our web site and those charged to clients for services at any time, and the right to increase the amount of resources given to plans at any time.

14a.) Indemnification
 
Customer agrees that it shall defend, indemnify, save and hold De Klerk Productions harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against De Klerk Productions, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless De Klerk Productions against liabilities arising out of (but not limited to); (1) any injury to person or property caused by any products sold or otherwise distributed in connection with De Klerk Productions; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from De Klerk Productions' server.

14b.) Arbitration

By using any De Klerk Productions services, you agree to binding arbitration. If any disputes or claims arise against De Klerk Productions or its subsidiaries, such disputes will be handled by an arbitrator of De Klerk Productions' choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.

15.) Disclaimer

De Klerk Productions shall not be responsible for any damages your business may suffer. De Klerk Productions makes no warranties of any kind, expressed or implied for services we provide. De Klerk Productions disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by De Klerk Productions and its employees.

16.) Disclosure to law enforcement

De Klerk Productions may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies.
We will cooperate fully with law enforcement agencies.

17.) Web Design & Web Development

De Klerk Productions reserves the right to retain 100% of deposits made for web design and/or web development projects as a handling and administration fee should a client wish to cancel a project during any stage of the project. Should the client wish to keep the works that have already been completed, De Klerk Productions can at their own discretion put a value to these works up to and including the quoted value of the project.

18.) Changes to the Terms of Service, Terms of Usage and Terms and Conditions

De Klerk Productions reserves the right to revise its policies at any time without notice.