1.0 General Agreement

This Agreement is between Wooza Shop CC and the Client named hereafter. Wooza Shop CC agrees to provide and the Client agrees to accept through Wooza Shop CC, services according to the following terms and conditions:

These Terms & Conditions constitute a legal agreement between the Client and Wooza Shop CC. By making the iniitial payment of R295 and thus purchasing a Wooza Shop Lite package you agree without modification to all of the terms, conditions, and notices contained in this Terms & Conditions Document. If you do not accept these Terms & Conditions in their entirety, you may not access or use the services provided by Wooza Shop CC. Wooza Shop CC reserves the right to suspend or cancel any Client's access to any or all services provided by Wooza Shop CC should Wooza Shop CC decide that the account has been inappropriately used or otherwise. We reserve the right to change this agreement at any time without notice.

1.1 Country of domicile

This website is governed by the laws of South Africa and Wooza Shop CC chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature:

17 Harburn Rd

East London

5248

South Africa

2.0 Detailed Description of Goods and/or Services

Wooza Shop CC trading as Wooza Shop (www.woozashop.co.za) is a business in the e-commerce industry that provides e-commerce websites/online shops. Core features of our most popular product, Wooza Shop Lite, include: set up of a website with online shop sofware, domain registration, email set up and hosting.

3.0 Client's Lawful Use of Wooza Shop Products

Wooza Shop CC accounts are to be used by the primary owner only, account holders are not permitted to resell, store or give away the services of their account to other parties even if it was for free or non-profitable.

3.1 Website Content

You are responsible for conforming to all federal, state, and local laws regarding the Internet and electronic communication. You must respect the intellectual property and copyrights of resources provided by others on the net. You may not participate in any illegal activities while using your account. You must obey the laws of the Republic of South Africa and other countries that you communicate with over the net. We cannot and do not monitor or control traffic content to/from our service. You are responsible for keeping your activities legal, and for censoring yourself and colleagues. Subscribers are not permitted to post any material that is illegal, libelous, tortuous, or likely to result in retaliation against Wooza Shop CC. Should the posted material fall into this category, we reserve the right to immediately refuse or terminate service.

Wooza Shop CC does not allow any of the following contents to be stored on any of its servers:

-Illegal Material - This includes copyrighted works, commercial audio, video, or music files and any material in violation of any Federal, State or Local regulation.

- Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of Wooza Shop CC.

- Warez - Includes pirated software, ROMS, emulators, freaking, hacking, password cracking, IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

Wooza Shop CC will terminate any account that contains any of the above mentioned contents without any warning and without refunding any payments.

3.2 Internet Etiquette

Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. Wooza Shop CC is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network Wooza Shop CC or its customers may utilize.

Use of distribution list via unsolicited electronic mail or other electronic mailings is strictly prohibited. Wooza Shop CC reserves the right to deactivate the Client's account(s) upon an indication of such activity. Client hereby agrees to indemnify and hold harmless Wooza Shop CC from any claim resulting from the Client's or another party's use of electronic mail service(s) on the Client's account(s).

4. Privacy Policy

Wooza Shop CC shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf

5. Payment Policy

Wooza Shop CC reserves the right to change prices of accounts or services at any time all pricing is guaranteed for the period of one year from the purchase of your account, excluding government charges such as tax which can change out of the control of Wooza Shop CC.

5.1 Monthly Payment

Upon purchasing a Wooza Shop Lite Package, the Client agrees to pay monthly feee of R295 for this service until the Client formally agrees to terminate the service - see 6. Termiantion of Account. Monthly payments are to be made to Wooza Shop CC's bank account by the 7th of every month.

5.2 Late or Non Payment

An invoice is sent to the Client on the 28th of every month informing the Client that payment is due by the 7th of the next month. Should payment still not be received by the 5th of the month , then Wooza Shop CC will send out a reminder to the Client with an attached account statement. Should payment still not be received by the Client by the 7th of the month, then Wooza Shop will deactive the Client's website and email services. The Client will still remain on the billing list for one month and this will give the Client an opportunity to make payment and have the website/email service reinstated as per usual without any peanlty charges. In this case billing will proceed accordingly and the Client will thus be billed for the next month.

After deactivation of the account due to non payment, the Client will have up to onc month, from time of deactivation to settle the account. Should the Client still not settle the account within this month then the Client will be removed from the billling list and a R200 reactivation fee will be imposed on the Client should the Client wish to reactivate at a later stage. The penalty charge will be in addition to the outstanding account that the Client needs to settle.

Wooza Shop CC reserves the right to suspend other services until the outstanding debt is cleared. The Client is responsible for all money owed on the account from the time it was established to the time that the Client sends a cancellation request; the Client can request cancellation of their account and will be billed up to the first day of the following month.

All Charges are exclusive of VAT and any other applicable purchase tax, import, and all other duties. Any failure by the Client to pay any fees due under these Terms and Conditions on the date specified shall be deemed to be a "material breach" of these Terms and Conditions.

6. Termination of Account

The Client may terminate his/her Wooza Shop account at any time. The Client will have to give Wooza Shop formal notice of termination via email by the 25th of the month to avoid being billed for the follwing month. Should the Client wish to reintate their Wooza Shop account at a later stage this will be subject to a joing fee of R200.

7. Term and compensation

1. The parties agree to a month to month contract, beginning after Webflash Technologies' receipt of payment of the initial monthly or other service fee.

2. This Agreement will automatically renew for successive single month periods unless cancelled in writing prior to the monthly renewal date which shall be that date thirty days from receipt by Webflash Technologies of payment of Clients compensation payable to Webflash Technologies. Client's account will be automatically billed between the 1st and the 7th day of every month. Such charges and fees are subject to change. Continuation of use of services by Client indicates agreement to such changes or revisions.

3. A one time admin fee (R70.00) will be charged to Client if authorization can not be obtained or Debit is returned or unpaid. If authorization or payment can not be obtained by the due date, Webflash Technologies, at it's sole discretion, also has the option to terminate or otherwise deactivate the Client's account without any notice.If monthly payment authorization can not be obtained for two months is succession, the Client's shop will be suspended, and a R200 re-activation fee, including the outstanding account balance, will be payable.

8. Disclaimer of warranty

1. Wooza Shop CC’s service is provided on an “as is, as available” basis. Due to Wooza Shop CC’s relationship with online networks, Wooza Shop CC give no warranty, expressed or implied, for the service provided, including without limitation, warranty of the merchantability and warranty of the fitness for a particular purpose. This disclaimer of warranty expressly disclaims any right to reimbursement for direct or consequential losses of income, due to disruption of the service by w Wooza Shop CC or beyond the fees paid by the client to Wooza Shop CC for services.

2. Client expressly agrees that use of Wooza Shop CC' service is at Client's sole risk. Wooza Shop CC, its employees, affiliates, agents, third party information Wooza Shop CC' merchant’s licensers or the like, indicate Wooza Shop CC' service may be interrupted and is not likely to be error free. Wooza Shop CC makes no warranty as to the results that may be obtained from the use of the Web Hosting service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the service, unless otherwise expressly stated in this Agreement.

3. Under no circumstances, including negligence, shall Wooza Shop CC, its offices, agents or anyone else involved in creating, producing or distributing Wooza Shop CC' service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Wooza Shop CC' services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Wooza Shop CC' records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on Wooza Shop CC' services.

4. Use of any information obtained by way of Wooza Shop CC is at Client's own risk and Wooza Shop CC specifically denies any responsibility for the accuracy or quality of information obtained through its services.

5. Wooza Shop CC disclaims liability for any damages arising from Client's use of Wooza Shop CC or by Client's Server(s). Wooza Shop CC disclaims liability for Client's data, files, or directories residing on Wooza Shop CC' equipment or its Wooza Shop CC' equipment.

6. Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate Rand amount which Client paid during the term of this Agreement.

7. It is the responsibility of the Subscriber to make sure that mail spooled on Wooza Shop CC servers are retrieved at least once a week, as the Mail Spool File gets cleared at regular intervals. Wooza Shop CC will not be held responsible for any mail lost due to non-retrieval.

9. Trademarks and copyrights

1. The client warrants that it has the right to use the applicable trademarks of Client, and grants to Wooza Shop CC the rights to use such trademarks, if any, in connection with Wooza Shop CC' motion of, referencing of, cataloging of, or indexing of Wooza Shop CC' clients.

2. The client herby agrees that any material submitted for publication on Wooza Shop CC through th client’s account will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything harmful. The client will hold Wooza Shop CC harmless and indemnify Wooza Shop CC from any damages, fines or costs including attorney’s fees which might arise from any such violation or infringement.

10. Capacity

Client certifies that he or she has full right and authority to enter into this agreement to bind Client hereto.

11. Capacity

1. The client hereby agrees that any material submitted for publication on Wooza Shop CC through the client’s account will not contain anything leading to abusive or unethical use of Wooza Shop CC’ service or products. This includes, but is not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity, or material advocating illegal activity and infringement of privacy or libel.

2. The client agrees that it shall defend, indemnify, save and hold Wooza Shop CC harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, (“Liabilities”) asserted against Wooza Shop CC, agents, its clients, servants, officers and employees, that may arise or result from publication or use of client's materials, any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Wooza Shop CC against Liabilities arising out of (i) any injury to person or property caused by any products or services sold or otherwise distributed in connection with Wooza Shop CC' service; (ii) any material supplied by Client infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold.

3. Wooza Shop CC reserves the right to remove any content or suspend or terminate a client's service if it deems this necessary due to an infringmenet of these terms of service.

12. Contract revisions

Revisions to this Contract will be considered agreed to by Client on renewal of Wooza Shop CC' services as specified in Section 1(c).

13. Unlimited use policy

High bandwidth usage: Wooza Shop CC offers an unlimited use policy by maintaining very large ratios of bandwidth per customer. In rare cases, Wooza Shop CC may find a customer to be using server resources to such an extent that he or she may jeopardize our service Wooza Shop CC' server performance and resources for other customers. In such instances, Wooza Shop CC reserves the right to impose the High Resource User Policy for the consideration of all customers.

14. High resource user policy

1. Resources are defined as bandwidth and / or processor utilisation.

2. Wooza Shop CC may implement the following policy at its sole discretion:

3. When a website is found to be monopolising the resources available Wooza Shop CC reserves the right to suspend that site immediately or renegotiate the current hosting package in accordance to the use. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our service Wooza Shop CC' servers.

15. Entire understanding

This Agreement contained in this Contract constitutes the sole agreement between Wooza Shop CC and Client regarding its service. It is construed in accordance with the laws of South Africa. Any litigation or lawsuits incidental to this Agreement shall be filed and be determined in South Africa unless otherwise agreed to in writing by Wooza Shop CC.

Client will use the services in a manner consistent with any and all applicable laws of South Africa.

Signing up for an account binds the clients to the above contract.

16. Contact details

Wooza Shop CC

Email : This e-mail address is being protected from spambots. You need JavaScript enabled to view it . This e-mail address is being protected from spam bots.

Support: +27835034741

Fax: 086 571 9074

17. Wooza Foundation

Wooza retains the right to select an organisation at the sole discretion of the selection commitee to be eligible for a free website. An application that has been denied can still purchase a website at the designated price. A free website will be provided for life in terms of the Wooza foundation program. However, certain circumstances may require payment for the website, but Wooza will inform all relevant parties to explain such a situation before payment or suspension of an account is imposed.

18. One month no obligation website

Wooza will provide all customers a one month no obligation trial period to test out the Wooza technology. Although the domain registered by the customer will not be activated due to accounting restrictions built into the Wooza accounts software, the customer may request their domain to be registered manually before payment is made to have a complete feel for the software at no extra charge. However, the customer can activate this feature by paying for the purchased product.

19. Agent for receiving take down notices

Wooza Shop CC has nominated ISPA as our agent for the purpose of receiving take-down notifications in terms of section 75 of the Electronic Communications and Transactions Act. Their contact details are:

Internet Service Providers' Association (ISPA)
Address: PO Box 518, Noordwyk, 1687
Telephone: 010 500 1200
Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it