Terms and Conditions

This web site makes no representations and gives no warranties about the accuracy or suitability of the information contained in the documents published on this web site.

All these documents are provided without warranty of any kind and are solely intended to provide information. The information is intended solely to provide information on SmartCloud and may not be publicly disseminated or used other than for information purposes without the prior written consent of SmartCloud.

SmartCloud shall under no circumstances whatsoever be liable for any direct or consequential damages whether in contract or in delict arising out of or in connection with the use of information available from this web site.

PART I – GENERAL

The terms and conditions set out in this document, read together with the official application form(s) completed by a customer and accepted by SmartCloud Consulting (“SmartCloud”), (collectively “the/this agreement“) govern the relationship between SmartCloud and the relevant customer of SmartCloud.

1. ACCEPTANCE OF ORDER

  1. Notwithstanding anything to the contrary in any application form or other similar document completed or supplied by the customer, an agreement will only come into being between SmartCloud and a customer when SmartCloud’s official application form has been signed by the customer concerned and has been accepted by SmartCloud.
  2. The provision by SmartCloud of any or all of the services applied for by the customer shall be deemed to be acceptance by SmartCloud of a customer’s application on the terms and conditions set out in this agreement, notwithstanding anything to the contrary in any such application form or other similar document.
  3. Upon acceptance by SmartCloud of a second or any further application form completed and supplied by an existing customer in respect of further or additional services to be rendered by SmartCloud to such customer, the relevant provisions of this agreement pertaining to such further or additional services shall automatically apply in respect of the provision by SmartCloud thereof.

2. PROVISION OF THE SERVICE

  1. Commencing on the date that the customer is connected to the required SmartCloud service (“the commencement date“) and for the duration of this agreement thereafter, SmartCloud shall make reasonable efforts to make available a continuous, uninterrupted, expedient and error-free service to the customer, subject to the terms and conditions set out herein.
  2. The customer shall solely be responsible for provisioning, configuration and maintenance of all equipment on its premises, including (without limitation) computer hardware equipment, telecommunication equipment, modems and the like, which is or may be necessary for the customer to obtain and retain access to the required service(s).

3. PAYMENT

  1. The customer shall pay to SmartCloud all applicable charges, tariffs, fees and other amounts (“charges“) as may be set out in SmartCloud’s Schedule of Charges, as published and amended by SmartCloud from time to time in its sole and absolute discretion (“the Schedule“), in respect of the provision of the services to the customer in terms of this agreement.
  2. All access charges that entitle the customer to receive the services subscribed for, shall be payable in the manner as set out in the official application form completed by the customer in respect of the relevant service and where such charge is indicated as-
    1. a monthly charge, the amount thereof shall be payable by the customer to SmartCloud monthly in advance, on or before the relevant day of the month as specified in the application form;
    2. a once off charge, the amount thereof shall be payable by the customer to SmartCloud in full in advance, on or before the relevant date as specified in the application form, which payment is non-refundable even if this agreement is terminated prior; or
    3. an annual charge, the amount thereof shall be payable by the customer to SmartCloud annually in full in advance, on or before the date as specified in the application form, which payment is non-refundable even if this agreement is terminated prior to such year.
  3. All payments due to SmartCloud shall be effected in the manner as specified in the application form or, at SmartCloud’s request-
    1. by way of a debit order drawn on a registered bank;
    2. by way of a cheque drawn on a cheque account operated by a registered bank; or
    3. in cash, free of the cost of transfer of funds and without any deduction or set-off.
  4. Any payment due to SmartCloud not made on the due date thereof shall bear interest at a rate of 2% (two per centum) above the prime rate as quoted by SmartCloud’s bankers from time to time, calculated from the date payment was due until date of actual payment in full, capitalised monthly in arrear.
  5. Notwithstanding anything to the contrary contained herein, SmartCloud shall be entitled to start charging a customer as from the day of commencement of the service for the customer irrespective of whether the customer is able to utilise the service at such time or not.
  6. The customer shall, on demand, pay to SmartCloud all costs and expenses incurred by SmartCloud in or about the enforcement of the terms of this agreement.

4. INSTALLATION AND CONNECTION

  1. The customer acknowledges that any installation date or completion date furnished by SmartCloud is provisional only and, should installation or completion, as the case may be, not be affected by such provisional date-
  2. SmartCloud shall not be responsible for any consequences of such delay or be liable for any damages, costs or expenses whatsoever incurred or suffered by the customer or any third party; and
  3. the customer shall not be entitled, as a result of such delay, to terminate this agreement.

5. LIABILITY

  1. This clause 5 specifies the entire liability of SmartCloud, including liability for negligence and, in particular (but without limitation) all other statutory, express, implied or collateral terms, conditions or warranties are excluded.
  2. SmartCloud shall under no circumstances whatsoever be under any liability whatsoever (including liability for negligence) for any loss, damage or injury that the customer or any third party may suffer, no matter when or how arising, specifically including (but without limitation) refunds of fees, loss of profits, financial loss, loss of contracts, loss of income, loss of anticipated business, cost of replacement services, savings use, goodwill or any other form of consequential loss.
  3. Any product or service provided hereunder is provided on an “as-is” basis and SmartCloud makes no express or implied warranties or representations of whatsoever nature with respect to any such product or service.
  4. The customer shall and hereby does indemnify SmartCloud-
    1. against any damage, cost or liability (only excluding liability for SmartCloud’s own wilful misconduct) arising from the provision of services or products to the customer, its employees, directors, agents and/or representatives;
    2. against any damage, cost or liability of whatsoever nature arising from a breach of SmartCloud’s security measures, any misuse of SmartCloud’s facilities or services and/or any act or omission of any other customer of SmartCloud;
    3. from any claim by any third party arising directly or indirectly out of or related to the customer’s access to or use of services rendered or products provided by SmartCloud or any information or data obtained through such access or use; and
    4. its holding company, affiliates and subsidiaries, for all loss, damage, cost or liability that may be incurred by any one or more of them in the event that the customer’s use of the service and/or the products supplied hereunder –
      1. constitutes a violation of any law, regulation or tariff;
      2. is defamatory, fraudulent or deceptive;
      3. is intended to threaten, harass or intimidate; or
      4. interferes with the use or enjoyment of other customers of the services and products provided by SmartCloud. Under no circumstances whatsoever will SmartCloud’s liability, if any and whether in contract or otherwise, exceed the aggregate of the amount actually paid by the customer to SmartCloud.

6. USE LIMITATIONS

The customer acknowledges and agrees that-

  1. S/he is aware and will stay aware of and shall at all times comply with all statutory or other regulatory provisions and rules applicable to the provision and use of the services from time to time;
  2. S/he shall make use of the services in a responsible, prudent, lawful and honest manner;
  3. S/he shall comply with any directions, instructions and limitations issued or notified by SmartCloud from time to time in connection with the services;
  4. S/he shall not use any service in a manner which –
    1. constitutes a violation of any law, regulation or tariff that may be in force in the Republic of Ireland or elsewhere. In particular the subscriber undertakes to familiarise himself and ensure that he is kept continuously appraised of all such laws, regulations and tariffs in force from time to time which may have any bearing on the services rendered and products provided by SmartCloud and/or the customer’s access to or use thereof;
    2. constitutes an act or omission that is generally unacceptable or offensive to internet users in general, to the public at large or as same may be determined by SmartCloud from time to time in its sole and absolute discretion, specifically including (but not limited to) the hosting of pornographic material, spamming, hacking, unsolicited mailing etc.;
    3. is defamatory, fraudulent or deceptive;
    4. is intended to threaten, harass, nuke or intimidate;
    5. tends to damage the name or reputation of SmartCloud, its holding company, affiliates and subsidiaries; or
    6. interferes with the use and enjoyment of internet related services of other customers of SmartCloud;
  5. the services to be rendered to him/her shall be as defined and subject to such limitations as may be notified from time to time by SmartCloud;
  6. S/he is aware of the limitations of all relevant services and that service quality and coverage available shall be limited to that supported by the infrastructure of SmartCloud and its network providers and that service may from time to time be adversely affected by a number of different causes;
  7. S/he shall not hold SmartCloud, any of its employees, directors, agents or representatives liable for any non-availability of service or for any other reason whatsoever, save as specifically set out in 5;
  8. S/he shall not commit any act or omission which may have an adverse technical effect on the integrity or functionality of the network infrastructure of SmartCloud or that provided or made available to the customer by or through SmartCloud. If any act or omission of the customer has such an adverse technical effect the customer shall, on receiving notification to that effect from SmartCloud, forthwith take such steps as may be necessary to rectify the situation at his own cost and expense, failing which SmartCloud shall be entitled, without prejudice to its other rights in terms hereof or at law, to forthwith suspend the service and terminate this agreement;
  9. unless otherwise agreed by SmartCloud in writing, s/he shall not resell or make available to third parties, in any manner whatsoever and whether directly or indirectly, the services provided to him/her by SmartCloud; and
  10. S/he shall take whatever steps may be necessary to ensure the safekeeping and confidentiality of all identification codes and passwords furnished by SmartCloud for use by the customer and shall specifically not disclose same to any third party without SmartCloud’s prior written consent.

7. SUSPENSION OF SERVICE

  1. SmartCloud may from time to time and without notice suspend the services in any of the following circumstances-
    1. during any technical failure, modification or maintenance either of the service or the equipment by means of which the service is provided;
    2. if the customer –
      1. fails to comply with any of the terms and conditions of this agreement (including failure to pay any charges due) until the breach (if capable of remedy) is remedied; or
      2. does or allows to be done anything which, in SmartCloud’s reasonable opinion, may have the effect of negatively affecting the operation of the SmartCloud network or the provision of services to the customer or to any other customer(s) of SmartCloud.
  2. Notwithstanding any suspension of service under this clause 7, the customer shall remain liable for all charges due hereunder throughout the period of suspension unless SmartCloud, in its sole discretion, determines otherwise.

8. TERMINATION

  1. Notwithstanding anything to the contrary contained in this agreement, SmartCloud shall at any time be entitled to terminate this agreement on not less than 24 (twenty four) hours’ notice to such effect to the customer.
  2. Without prejudice to any other rights or remedies which SmartCloud may have in terms hereof or at law, SmartCloud shall be entitled to forthwith cancel this agreement and discontinue the service if the customer fails to comply with any of the terms or conditions of this agreement or any other agreement made between SmartCloud and the customer.
  3. Upon termination of this agreement SmartCloud shall disconnect the customer from the networks of SmartCloud and all its network providers.
  4. After disconnection of the customer upon termination of this agreement, the customer shall on demand pay all charges outstanding at the time of disconnection, including any disconnection fee charged by SmartCloud.

9. EXCUSABLE EVENTS

  1. SmartCloud shall not be liable to the customer for any breach of this agreement or failure on its part to perform any obligation as a result of technical problems relating to the networks of SmartCloud or any network provider of SmartCloud, or any one or more of them, acts of God, government control, restrictions or prohibitions or any governmental act or omission, whether local, national or international, act or default of any supplier, agent or sub-contractor, industrial disputes of any kind or any other similar or dissimilar cause beyond SmartCloud’s control.

10. VARIATION OF CHARGES AND TERMS

  1. SmartCloud reserves the right and shall be entitled-
    1. to vary any or all of its charges by publishing an amended Schedule, such variation to have immediate effect unless otherwise stipulated therein;
    2. to introduce additional charges for the provision of any service at any time by publishing an amended or updated Schedule, such additional charges to be of immediate effect unless otherwise stipulated therein; and
    3. to vary the terms and conditions of this agreement in its sole and absolute discretion from time to time, provided that SmartCloud shall take all reasonable steps to notify the customer of any such variation by making the details thereof generally available to all customers. In this regard the customer acknowledges and undertakes to familiarise himself with and ensure that he is kept continuously appraised of all such variations from time to time;
    4. to alter any name, code or number allocated by SmartCloud for use in connection with the services and the customer hereby indemnifies SmartCloud against any cost, loss or liability arising from such alteration.
  2. The customer hereby acknowledges that he is aware that all variations in these terms and conditions shall be reflected in the terms and conditions published on the SmartCloud internet site and that, by accessing or connecting to the SmartCloud system and website, he hereby binds himself to the terms and conditions in force at that time.
  3. Subject to the remaining provisions of this agreement, the customer shall be entitled to terminate this agreement by giving written notice to SmartCloud within 10 (ten) days after the coming into effect of any such variation hereof in terms of 10.1.3.

11. GENERAL

  1. The customer shall not cede, assign, transfer, encumber or delegate any of his rights or obligations in terms of this agreement to any third party.
  2. The terms and conditions as set out herein, read together with the official application form completed by the customer, constitute the entire agreement between SmartCloud and the customer and supersede all representations made to the customer, all amendments effected by the customer to any application form or other similar document submitted by him and all communications between SmartCloud and the customer relating to the subject matter hereof.
  3. The customer chooses, as his domicilium citandi et executandi, the physical address set out in his order form.
  4. All notices in terms of this agreement shall be in writing.
  5. This agreement shall be governed by and construed and interpreted in accordance with the law of the Republic of Ireland.
  6. The clause headings in this agreement are for the purpose of convenience only and shall not be taken into account in the interpretation of nor modify the terms of this agreement. Unless inconsistent with or a contrary intention clearly appears from the context words importing any reference to a gender includes the other genders, any reference to the singular includes the plural and vice versa, and any reference to natural persons includes legal persons and vice versa.

PART II – CONNECTIVITY SERVICES

The terms and conditions set out in this Part II of the agreement apply to all services reliant on connectivity to the SmartCloud network infrastructure and access to the internet to be rendered by SmartCloud to customers.

1. SERVICE DESCRIPTION

  1. The connectivity services to be rendered by SmartCloud will consist of-
    1. a dial-up service, consisting of the services more fully described in SmartCloud’s dial-up connectivity product documentation from time to time;
    2. an analogue leased line service, consisting of the services more fully described in SmartCloud’s analogue leased line connectivity product documentation from time to time;
    3. a digital leased line service, consisting of the services more fully described in SmartCloud’s digital leased line connectivity product documentation from time to time;
    4. a dial-up mail gateway service consisting of the services more fully described in SmartCloud’s dial-up mail gateway connectivity product documentation from time to time; and
    5. such further or additional connectivity services as SmartCloud may from time to time introduce, as indicated in the application form completed by the customer and accepted by SmartCloud, the required services of which will be rendered by SmartCloud to the customer on the terms and conditions set out in this agreement.
  2. SmartCloud shall be entitled –
    1. to immediately suspend the provision of all relevant services to the customer in the event that any charge or other amount due to SmartCloud is not paid on due date; and
    2. to keep such service(s) suspended until all amounts in arrear have been paid in full.
  3. SmartCloud shall not be responsible or liable for any unforeseen costs arising out of the use of any service by the customer or any cost incurred by either the customer or any other third party as a result of an interruption therein for any reason whatsoever, nor for any cost, loss or damage arising out of the termination or interruption thereof.
  4. SmartCloud shall not be responsible for –
    1. the preservation of any data or information and shall not be liable in the event of any loss of data or information;
    2. the integrity or correctness of any data or information received or retrieved by the customer by making use of any service;
    3. the security or confidentiality of any network or portion thereof or of any information transmitted or the preservation of privacy of such transmissions.
  5. The use of any service shall be limited to the customer and no other person or entity shall be entitled to use any service or the SmartCloud system or to gain access to the SmartCloud system or the internet through the customer’s connection without SmartCloud’s prior written consent.

2. DIAL-UP SERVICE

  1. Subscription to this service entitles the customer to-
    1. SmartCloud making reasonable efforts to provide the customer with unlimited interactive dial-up access to the internet;
    2. 1 (one) electronic mail box , subject to the terms and conditions set out in 20 pertaining to e-mail hosting;
    3. telephonic support during business hours Monday to Friday.
    4. telephonically dial in and so obtain access to any of SmartCloud’s Points of Presence (“POPs“), as such POPs may be established by SmartCloud from time to time,
on the terms and conditions more fully set out herein.


  1. The customer shall, at his own cost and expense, provide, be responsible for and maintain all computerised hardware, telecommunication equipment, modems and other equipment in order for the customer to connect to the nearest SmartCloud POP in order to obtain the service.
  2. Notwithstanding anything to the contrary set out in Part I of this agreement, the customer shall be entitled to terminate the provision of the dial-up connectivity service to the customer on not less than one month's written notice to SmartCloud to such effect.

3. ANALOGUE LEASED LINE SERVICE

  1. Subscription to this service entitles the customer to-
    1. lease from their telecommunications provider, on the basis set out in 14.2, 1 (one) analogue line;
    2. SmartCloud assisting the customer in configuring the leased line modem either at the customer’s premises or by rendering telephonic assistance where possible;
    3. 1 (one) IP address;
    4. SmartCloud configuring the necessary routing on the SmartCloud network for the customer to be connected, via the leased line referred to above, to the nearest SmartCloud POP,
on the terms and conditions more fully set out herein.

  1. The customer hereby appoints and authorises SmartCloud, as his duly authorised agent, to make all necessary arrangements and conclude all necessary agreements with the telecommunications provider, on it’s standard terms and conditions therefor, for the lease of 1 (one) analogue line by the telecommunications provider to the customer.
  2. The customer shall, in addition to any and all other charges set out or reflected in the Schedule, be responsible for and hereby indemnifies SmartCloud against any and all costs or other amounts of whatsoever nature payable to the telecommunications provider, including (but in no way limited to) all line charges, termination charges and junction charges, in respect of the lease of the analogue line.
  3. SmartCloud does not make any representation and gives no warranty of whatsoever nature with regard to the leased lines, same being provided by the telecommunications provider in terms of a separate agreement between the telecommunications provider and the customer.
  4. The customer acknowledges that-
    1. the services to be provided to him by SmartCloud will be done by way of the analogue leased line, being slow in comparison to other types of connection and that same can usually not be used for browsing the internet when two or more personal computers are to be used simultaneously; and
    2. The telecommunications provider’s standard service offering in respect of leased lines is for normal office hours only. The telecommunications provider will charge for calls logged after normal office hours and that charge will be for the customer’s account. In such eventuality, SmartCloud will try to obtain approval from one of customer’s listed technical contacts prior to logging an after-hours call with the telecommunications provider. Should SmartCloud, for any reason whatsoever, fail to obtain such prior approval, a call will be logged with the telecommunications provider at the start of the next business day.
  5. The customer shall be entitled to terminate the provision of this connectivity service on not less than 3 (three) calendar months’ written notice to SmartCloud to such effect (or such longer period as may be laid down by SmartCloud’s network access provider from time to time), provided that no such notice may validly be given so as to take effect prior to the first anniversary of the commencement date.

4. DIGITAL LEASED LINE / FIXED CONNECTION SERVICE

  1. Subscription to this service entitles the customer to-
    1. lease from the telecommunications provider / SmartCloud, on the basis set out in 15.2, 1 (one) digital line / fixed connection;
    2. SmartCloud assisting the customer in configuring the leased line router either at the customer’s premises or by rendering telephonic assistance where possible;
    3. such number of IP addresses as may be supplied by SmartCloud’s network access provider;
    4. SmartCloud configuring the necessary routing on the SmartCloud network for the customer to be connected, via the leased line referred to above, to the nearest SmartCloud POP.
on the terms and conditions more fully set out herein.
  1. The customer hereby appoints and authorises SmartCloud, as his duly authorised agent and in rem suam, to make all necessary arrangements and conclude all necessary agreements with the telecommunications provider, on it’s standard terms and conditions therefor, for the lease of 1 (one) digital line / fixed connection by the telecommunications provider to the customer.
  2. The customer shall, in addition to any and all other charges set out or reflected in the Schedule, be responsible for and hereby indemnifies SmartCloud against any and all costs or other amounts of whatsoever nature payable to the telecommunications provider, including (but in no way limited to) all line charges and termination charges, in respect of the lease of the digital line.
  3. SmartCloud does not make any representation and gives no warranty of whatsoever nature with regard to the leased lines, same being provided by the telecommunications provider in terms of a separate agreement between the telecommunications provider and the customer.
  4. The customer acknowledges that the telecommunications provider’s standard service offering in respect of leased lines is for normal office hours only. The telecommunications provider will charge for calls logged after normal office hours and that charge will be for the customer’s account. In such eventuality, SmartCloud will try to obtain approval from one of customer’s listed technical contacts prior to logging an after-hours call with the telecommunications provider. Should SmartCloud, for any reason whatsoever, fail to obtain such prior approval, a call will be logged with the telecommunications provider at the start of the next business day.
  5. The customer shall be entitled to terminate the provision of this connectivity service on not less than 3 (three) calendar months’ written notice to SmartCloud to such effect (or such longer period as may be laid down by SmartCloud’s network access provider from time to time), provided that no such notice may validly be given so as to take effect prior to the first anniversary of the commencement date.
  6. The customer shall be entitled to the following types of internet traffic through the SmartCloud network as part of a standard digital leased line contract: DNS – UDP 53, HTTP – 80, HTTPS – 443, FTP – 21, SMTP – 25, POP3 – 110, IMAP – 143. Should the client wish to use further types of internet traffic the client must contact the sales department for a specialised quote.

5. DIAL-UP INTERNET BROWSING ACCESS AND MAIL GATEWAY SERVICE

  1. Subscription to this service entitles the customer to-
    1. SmartCloud installing 1 (one) licensed copy of the mail bridge software available to SmartCloud on the computer hardware supplied by the customer. SmartCloud will at all times remain the licensed user of the required software;
    2. SmartCloud configuring the TCP/IP protocol on the customer’s computer hardware and installing the required e-mail client software on all relevant work stations, provided that the customer’s computer network (LAN) is operational and using either Windows 95 or Windows NT as operating system;
    3. SmartCloud configuring the required routing on the SmartCloud mail server to enable the provision of the service;
    4. 1 (one) domain registration on the chosen domain for the duration of the provision of this service by SmartCloud to the customer;
    5. a dial-up facility, on the terms and conditions set out in 13, to enable mail transfer,
    6. SmartCloud configuring an “ishare” hardware device to enable dynamic host configuration protocol. DHCP,
    7. SmartCloud to install the Google Chrome browser and certain browser extensions and web apps on the computers,
on the terms and conditions more fully set out herein.

  1. SmartCloud shall not –
    1. be obliged to install any operating systems, other software or any computer hardware for or on behalf of the customer;
    2. assume any responsibility or liability for existing data and information that may be present on any equipment of the customer and shall not be obliged to back-up any such data or information before commencing any installation or other work.
  2. The customer shall not use the dial-up facility referred to in 16.1.6 for any purpose other than to enable mail transfer.
  3. The customer shall be entitled to terminate the provision of this connectivity service on not less than 3 (three) calendar months’ written notice to SmartCloud to such effect (or such longer period as may be laid down by SmartCloud’s network access provider from time to time), provided that no such notice may validly be given so as to take effect prior to the first anniversary of the commencement date.

PART III – HOSTING SERVICES

The terms and conditions set out in this Part III of the agreement apply to all hosting services to be rendered by SmartCloud to customers.

1. OWNERSHIP AND INTELLECTUAL PROPERTY

  1. The content of the website is and shall at all times remain the intellectual property of the Client and shall be owned by the Client. SmartCloud accordingly acknowledges and abides by the confidentiality and ownership of same.
  2. In using the content supplied by the Client for creating the website, SmartCloud creates a source code (ASP.Net, html, VB scripted ASP, VB, C++ and other programming languages), which includes proprietary modules or “building blocks” belonging to SmartCloud and/or third parties that automate low level functions and make it easier to develop the website. These proprietary/SmartCloud modules are in a compiled format that cannot be modified. Examples of third party modules are: Server Objects, ASP Mail, SA Fileup. Accordingly the source code remains SmartCloud’s property and should the Client require a copy of the software it will be provided in a format which prevents the source code from being modified (viz dll file format).
  3. Should the Client wish to transfer the site from SmartCloud’s servers, SmartCloud shall make available a copy of the software used to run the website to the Client. This software will function in a computer environment similar to that of SmartCloud (viz. a Microsoft environment). While SmartCloud’s proprietary modules will be included with the software it will be incumbent on the new host to ensure the availability of the necessary third party modules.

2. HOSTING SERVICE DESCRIPTION

  1. The hosting services to be rendered by SmartCloud will consist of-
    1. a Domain Name Server (“DNS”) hosting service, consisting of the services more fully described in SmartCloud’s DNS hosting service documentation from time to time;
    2. a web-hosting service, consisting of the services more fully described in SmartCloud’s web-hosting service documentation from time to time;
    3. an e-mail hosting service, consisting of the services more fully described in SmartCloud’s e-mail hosting service documentation from time to time;
    4. such further or additional hosting services as SmartCloud may from time to time introduce,
as indicated in the application form completed by the customer and accepted by SmartCloud, the required services of which will be rendered by SmartCloud to the customer on the terms and conditions set out in this agreement.

  1. SmartCloud shall be entitled –
    1. to immediately suspend the provision of all relevant services to the customer in the event that any charge or other amount due to SmartCloud is not paid on due date; and
    2. to keep such service(s) suspended until all amounts in arrear have been paid in full.
  2. SmartCloud shall not be responsible or liable for any unforeseen costs arising out of the use of any service by the customer or any cost incurred by either the customer or any other third party as a result of an interruption therein for any reason whatsoever, nor for any cost, loss or damage arising out of the termination or interruption thereof.
  3. SmartCloud shall not be responsible for –
    1. the preservation of any data or information and shall not be liable in the event of any loss of data or information;
    2. the integrity or correctness of any data or information received or retrieved by the customer by making use of any service;
    3. the security or confidentiality of any network or portion thereof or of any information transmitted or the preservation of privacy of such transmissions;
    4. any information or other content hosted on SmartCloud’s servers by the customer in whatever form and SmartCloud does not verify, endorse or otherwise vouch for the correctness thereof.
  4. The use of any service shall be limited to the customer and no other person or entity shall be entitled to use any service or the SmartCloud system or to gain access to the SmartCloud system or the internet through the customer’s connection without SmartCloud’s prior written consent.
  5. The customer shall-
    1. comply, in all respects, with SmartCloud’s Acceptable Use Policy as such document may be published, updated and/or modified by SmartCloud from time to time in its sole and absolute discretion;
    2. not misuse any computing resources made available to it as part of the hosting service(s) rendered to it including (but in no way limited to)-
      1. accessing computers, computer software, computer data or information or networks without proper authorisation, regardless of the identity of the owner thereof;
      2. using a computer or computer data or information for purposes other than for which same was intended or authorised;
      3. sending fraudulent electronic mail or breaking into the electronic mailbox of any third party;
      4. violating any software licence agreement or any copyright or other similar intellectual property right of any third party, including (but not limited to) the copying or redistribution of copyrighted computer software, data, information or reports without proper written authorisation;
      5. violating the copyright or other intellectual or property rights of any third party;
      6. harassing of threatening other internet users or interfering with such other users’ access to SmartCloud’s computing facilities;
      7. taking advantage of any third party’s naivety or negligence in order to gain access to any computer account, data, information, software or file;
      8. reading the data, information, files, programs or electronic mail of any third party in whatever media unless authorised to do so; and
  6. and hereby does indemnify and hold SmartCloud harmless against any loss, damage, cost or expense suffered or incurred by SmartCloud as a result of any information or other content hosted by SmartCloud for and on behalf of the customer or as a result of any breach by the customer of these terms and conditions and against any claim instituted by a third party pertaining thereto.

3. DNS HOSTING

  1. Subscription to the service entitles the customer to-
    1. SmartCloud applying to InterNic or the relevant other authority for the registration, for an on behalf of the customer, of the customer’s chosen domain name;
    2. the customer’s DNS hosted on SmartCloud’s DNS-server;
    3. telephonic access to SmartCloud’s help service desk during business hours Monday to Friday,
on the terms and conditions more fully set out herein.

  1. The provisions of 18.3 and 18.4 shall apply mutatis mutandis.
  2. The customer acknowledges and agrees that-
    1. all applications for URLs within the XXX.com and XXX.org domains and all other top level domains are subject to InterNetwork Information Centre (“InterNic“) approval and SmartCloud accepts no responsibility for the acceptance or refusal of any application for such a URL submitted;
    2. neither SmartCloud nor any other registering body screens for possible infringements of trade marks, trade names or other intellectual property rights in respect of information or sites hosted and the customer hereby indemnifies and holds SmartCloud, all of its shareholders, directors, agents, representatives and employees harmless against any claim made against them or any of them and against any cost, expense, loss or damage suffered or incurred by any or all of them pertaining to any such information or sites hosted;
    3. SmartCloud shall and does not assume any responsibility or liability of any nature whatsoever if access to the customer’s DNS, URL and/or website is terminated, cut-off or suspended by the registration authority for whatsoever reason including any gross negligence of SmartCloud or any of its directors, shareholders, agents, representatives and/or employees.
  3. The customer hereby appoints and authorises SmartCloud, as his duly authorised agent and in rem suam, to make all necessary arrangements and conclude all necessary agreements with InterNic or any other relevant registration authority, on such registration authority’s standard terms and conditions therefor pertaining to the registration of customer’s chosen domain name.

4. E-MAIL HOSTING

  1. Subscription to this service entitles the customer to-
    1. that number of mailboxes indicated in the application form completed and supplied by the customer, hosted on SmartCloud’s mailserver;
    2. access to the necessary service software used by SmartCloud for purposes of hosting the customer’s mailboxes referred to in 20.1.1;
    3. 1 (one) e-mail address identifying the customer’s mailbox and up to 2 (two) aliases if specifically required by the customer in writing;
    4. reasonable assistance by SmartCloud with the creation and maintenance of the mailbox, if so requested by the customer;
    5. telephonic access to SmartCloud’s help service desk during business hours Monday to Friday,
    6. on the terms and conditions more fully set out herein.
  2. The provisions of 18.3 and 18.4 shall apply mutatis mutandis.

PART IV – SUPPORT SERVICES

The terms and conditions set out in this Part IV of the agreement apply to all support and consultancy services to be rendered by SmartCloud to customers.

1. SUPPORT SERVICE DESCRIPTION

  1. SmartCloud shall, as and when specifically requested to do so by the customer in writing, render such consultation and support services to the customer pertaining to the identification and, if possible, solution of problems encountered by the customer in the SmartCloud services rendered to it or with internet related services in general as the customer may request, subject to the payment by the customer of all hourly tariffs, distance charges and other related fees payable in respect thereof as set out in the Schedule.
  2. SmartCloud shall, as part of such service, identify the customer’s problem, but does not give any warranty, guarantee or any other similar undertaking that it will be able to rectify any of the problems so identified.
  3. The customer shall-
    1. supply all software, hardware and all related documentation required by SmartCloud to identify and solve any problem encountered by the customer. Failure to do so will result in SmartCloud not being able to assist customer any further, whilst the customer shall remain liable for the payment of any and all amounts referred to in 21.1;
    2. render to SmartCloud, its agents, representatives and employees all necessary assistance to identify, locate and solve any problem encountered by the customer; and
    3. ensure the safety of all agents, representatives and employees of SmartCloud present at the customer’s premises and shall and hereby does assume responsibility and liability for any cost, expense, loss or damage incurred or suffered by SmartCloud or any of its representatives, agents or employees as a result of any injury to or the death of any such person whilst present at the customer’s premises, from whatsoever cause arising.
  4. SmartCloud does and shall not accept any responsibility or liability for any existing data on the customer’s equipment and shall specifically not be required to back-up any data before commencing any work. The customer hereby indemnifies and holds SmartCloud harmless against any cost, liability, loss or damage incurred or suffered by the customer or by SmartCloud as a result of the loss of any such data, whether occasioned by any act or omission of SmartCloud, its representatives, agents or employees or otherwise.
  5. Consultation time charged for will commence when the relevant SmartCloud agent, representative or employee leaves the SmartCloud office and will end when he returns to the SmartCloud office. The customer will be charged should the consultant for any reason whatsoever not be able to obtain access to the customer’s premises or equipment.