PLEASE NOTE: These product or service specific terms and conditions must always be read together with our General Terms and Conditions, which will always apply to your use of this product or service.
WEBSITE SELF BUILD
Unless the context clearly indicates the contrary, any term defined in the General Terms and Conditions when used herein, shall bear the same meaning as defined in the General Terms and Conditions.
In these Website Self Build Service Terms:
1.1 “Customer’s Website” means a website created by MWEB, as contemplated in clause 3.5, which is a template based website enabling Customer to make changes to it 24 hours a day, 7 days a week through use of an online wizard;
1.2 “My Content Folder” means an online web site folder which enables Customer to upload customised pages and link them to the front end of Customer’s Website;
1.3 “Website Hosting” means the services which MWEB renders to Customer in accordance with Customer’s selection, as indicated on the Application Form under such heading or description whereby MWEB will host Customer’s website.
1.4 “Website Self Build” means the Services which MWEB renders to Customer in accordance with Customer’s selection, as indicated on the Application Form under such heading or description whereby Customer is provided with (i) Website Hosting; (ii) website design; and (iii) My Contents Folder (only if selected and it forms part of Customer’s Website Self Build Service.
Customer shall pay MWEB the Services Fees specified in the Application Form in accordance with the provisions set out in the General Terms.
3. TERMS AND CONDITIONS SPECIFIC TO WEBSITE SELF BUILD
3.1 Customer acknowledges the nature of Website Self Build and accordingly agrees that the specification and operation of Website Self Build is known to him/her/it and accepts that it is suitable for the purpose it is intended to be used.
3.2 Customer that selects Website Self Build – Lite in the Application Form will get less functionality than what is present in Website Self Build. Such Customers acknowledge the nature of Website Self Build – Lite and accordingly agree that the specification and operation of Website Self Build – Lite is known to them and accepts that it is suitable for the purpose it is intended to be used.
3.3 Website Hosting is a pre-requisite for Website Self Build.
3.4 Website Self Build does not support FTP access.
3.5 MWEB may in its discretion and without any obligation towards the Customer assist the Customer to integrate all information, artwork and other material provided by Customer to MWEB, into MWEB’s Website Self Build website application and thereby establish the initial Customer's Website. MWEB shall also provide the necessary functionality to navigate within Customer's Website.
3.6 The services provided by MWEB in terms of Website Self Build do not include: (i) updates by MWEB to Customer's Website and/or Customer's products or items incorporated therein; and (ii) any other services other than the service set out herein, including without limitation, e-commerce enablement and/or marketing services.
3.7 All intellectual property rights in or related to the layout, design, look and feel, development and/or functionality of Customer's Website and the MWEB Website Self Build website application shall be and remain the exclusive property of MWEB.
3.8 Customer shall ensure that Customer’s Website complies with the applicable legislation including without limitation the ECT Act.
3.9 The copyright in any artwork and material provided to MWEB by Customer for Customer’s Website shall remain vested in Customer or the holder of the copyright therein and shall be the sole responsibility of Customer and Customer hereby indemnifies MWEB in respect of any loss or damage suffered by MWEB or any third party as a result of the use in any way of such artwork or material on Customer's Website.
3.10 Customer shall use Website Self Build solely for its own purposes and shall not be entitled to directly or indirectly transfer, distribute, re-distribute, copy, sell, re-sell, lease, rent, lend, license, sub-license Website Self Build in whole or in part in any way whatsoever to any third party.
3.11 All title and intellectual property rights in Website Self Build (including, those specified above, training manuals, user manuals, intellectual property rights in or related to the MWEB network infrastructure, the MWEB e-commerce network infrastructure and the MWEB Website Self Build website application) are owned by and shall remain vested in MWEB, its licensors or suppliers, as the case may be, including those obtained or developed by MWEB after commencement of these Website Self Build Services of Customer. Except if otherwise agreed the Customer shall not copy, duplicate, reproduce, transmit, modify, reverse engineer, decompile, or disassemble Web Site Self Build, any portion thereof, including any software associated with it or any of the intellectual property stipulated above in this clause 3.11 in any way whatsoever and shall only use it for the purpose it is supplied.
4. TERMS AND CONDITIONS SPECIFIC TO MY CONTENT FOLDER
4.1 Should the Parties have agreed that My Content Folder forms part of Customer’s Website Self Build the specific terms and conditions contemplated in clause 3 shall not apply to My Content Folder, but it will be substituted with the terms and conditions in this clause 4.
4.2 The terms and conditions of Website Hosting shall be applicable to the My Content Folder, but only insofar as the said terms and conditions do not contradict these Product Terms.
4.3 My Content Folder does not include any development of My Content Folder and/or any component thereof, which activities are the sole responsibility of Customer.
4.4 MWEB shall provide the Customer with the hosting space selected by Customer in the Application Form for the hosting of Customer’s My Content Folder on the MWEB server. Access to My Content Folder shall be via FTP (“File Transfer Protocol”) access. MWEB shall, as part of Website Self Build and if required by Customer, provide Customer with monthly statistics relating to My Content Folder.
4.5 MWEB will: (i) not support any custom DLL’s; (ii) not support any third party software and/or application loaded by Customer on My Content Folder; (iii) any configurations, code settings or modifications under any circumstances; (iv) support its Web Servers Operating System (Windows 2000) and hardware; and (v) only provide Customer with technical support relating to FTP support for My Content Folder in the form of connectivity checks only.