By clicking on the "I Accept" option or by installing, copying or using any of the Software/Solutions/Applications/Extensions/Services/Hosting (SSAESH) provided by Cyberegion you agree to be bound by this Terms and Conditions (TOC). Your click of the "I Accept" option is a symbol of your signature and your assent to all parts of this TOC. If you do not agree do not use, install or copy any of our SSAESH. At the point of first use, installation or copying of our SSAESH or by clicking on the “I Accept” option on the Cyberegion website, you are bound to this TOC.

1. The Client : The company or individual requesting the services of Cyberegion.
2. The Applicant : Also referred to as the Client.
3. Cyberegion: Primary designer/site owner & employees or affiliates.
4. Services provided by Cyberegion: Includes any product or service provided by Cyberegion to the Client.
5. "Subscriber Application Form" means the Cyberegion form which refers to this Agreement and may also contain an annexure of fees payable for Cyberegion services.

1. In this Agreement, clause headings are for convenience and shall not be used in its interpretation, and unless the context indicates the contrary intention:
   1. any expression which denotes
      1. the singular shall include the plural and vice versa;
      2. any gender includes the other gender;
      3. a person includes an artificial person or juristic person and vice versa;
   2. any reference to any legislation or enactment is to such legislation or enactment as at the date of signature of the Agreement by the last signing of the parties and as amended or re-enacted from time to time;
   3. if any provision in a definition is a substantive provision conferring any right or imposing any obligation on either Party, then notwithstanding that it is only in the interpretation clause, effect shall be given to it as if it were a substantive provision in this Agreement;
   4. when any number of days is prescribed, such number shall exclude the first and include the last day unless the last day falls on a Saturday, Sunday or public holiday, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday, unless a specific reference is made to calendar days;
   5. the use of the word "including" followed by a specific example or examples shall not be construed as limiting the meaning of the general wording preceding it and the eiusdem generis rule shall not be applied in the interpretation of such general wording or such specific examples;
   6. the expiration or termination of this Agreement shall not affect such of the provisions of this Agreement as expressly provides that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this;
   7. where a word or phrase is defined, its other grammatical forms have a corresponding meaning;
   8. the terms "holding company" and "subsidiary company" shall bear the meanings assigned to them in the Companies Act No. 61 of 1973; and
   9. the clause headings have been inserted for convenience only and shall not be taken into account in the construction or interpretation of any of the provisions to which it relates. The clause headings are for descriptive purposes only and shall not in any way limit or amplify the terms of this Agreement.

1. This Agreement begins when you click on the "I agree" option or when you activate or use your website/software and will remain in force indefinitely, subject to the termination clause below.
2. You hereby warrant that you are authorised to accept this Agreement on behalf of the legal person or entity and Group that you represent.
3. This Agreement may be updated from time to time by Cyberegion, the latest version of which will be available on the Web Site. Please check this Agreement in the Website each time you use the Solutions that Cyberegion provided/provides to you for any changes. Continued use ofyou’re your website and or hosting services after this Agreement has been updated constitutes acceptance of the updated terms of the Agreement.
4. Notwithstanding any other provision of this Agreement, this Agreement shall terminate and be of no further force and effect should Cyberegion be prevented by any law from continuing to carry out its obligations in terms of this Agreement.

1. The Client acknowledges and agrees that:
   1. where Group company/ies uses the Services, the Client shall procure that such Group company/ies each agree to be bound by the terms and conditions of the Agreement and the Client shall in addition, be liable for any breach by a Group company/ies of the Agreement.
   2. He/she will make available as soon as is reasonably possible to Cyberegion all materials required to complete the site to the agreed standard and within the set deadline.
   3. A deposit of 50% is required with any project before any design work will be carried out. This figure can be different at the discretion of Cyberegion.
   4. Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.
   5. Where applications or sites are developed on servers not recommended by Cyberegion, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.
   6. He/she is expected to test fully any application or programming relating to a site developed by Cyberegion before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, Cyberegion will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
   7. He/she shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.
   8. He/she shall keep secure any identification, password and other confidential information relating to their account and shall notify Cyberegion immediately of any known or suspected unauthorised use of their account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information.
   9. He/she shall observe the procedures which Cyberegion may from time to time prescribe and shall make no use of the Server which is detrimental to other customers.
   10. The Services provided to the him/her hereunder and that his/her account with Cyberegion cannot be transferred or used by anyone other than the original party to this agreement.
   11. No more than one log-in session under any one account may be used at any time by the Client. If the Client have multiple accounts, then the Client is limited to one login session per system account at any time; user programs may be run only during log-in sessions. If an account is found to have been transferred to another party, or shows other activity in breach of this sub clause, Cyberegion shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.
   12. The website, graphics and any programming code remain the property of Cyberegion until all outstanding accounts are paid in full.
   13. Cyberegion shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 7 days the Client will be notified of the reason.
   14. Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Cyberegion remain the copyright of Cyberegion and may only be commercially reproduced or resold with the permission of Cyberegion.

1. The Client represent, undertake and warrant to Cyberegion that the Web Site and all other products and services provided will be used for lawful purposes only. In particular, The Client represent, warrant and undertake to us that:
   1. He/she will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so
   2. You will not post, link to or transmit:
      1. any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, blasphemous, profane or otherwise objectionable in any way.
      2. any material containing a virus or other hostile computer program.
      3. any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
   3. The Client will not send bulk email whether opt-in or otherwise from our network. Nor will you promote a site hosted on our network using bulk email.
   4. The Client will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.
   5. The Client shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
   6. Any access to other networks connected to Cyberegion must comply with the rules appropriate for those other networks.

6. Services and Products

1. Cyberegion agrees that:
2. Cyberegion will carry out work only where an agreement is provided either by email, telephone, mail or fax. Cyberegion will carry out work only for clients who are 18 years of age or above. An 'order' is deemed to be a written or verbal contract between Cyberegion and the client, this includes telephone and email agreements.
3. Any additions to the brief will be carried out at the discretion of Cyberegion and where no charge is made by Cyberegion for such additions, Cyberegion accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
4. Cyberegion will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 6 and to an acceptable level with Mozilla browsers. Cyberegion can offer no guarantees of correct function with all browser software.
5. Cyberegion shall use their reasonable endeavours to make available to the Client at all times the Server and the Services but Cyberegion shall not, in any event, be liable for interruptions of Service or down-time of the Server. 

1. Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Cyberegion cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it, the software or any part of it.
2. Cyberegion cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
3. Cyberegion will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
4. Cyberegion will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.
5. Cyberegion will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
6. Cyberegion will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
7. Cyberegion cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
8. Cyberegion make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
9. While Cyberegion will use every reasonable endeavour to ensure the integrity and security of the Server, Cyberegion do not guarantee that the Server will be free from unauthorised users or hackers and Cyberegion shall be under no liability for non-receipt or misrouting of email or for any other failure of email.

1. A deposit is required from any new client before any work is carried out. It is the Cyberegion policy that any outstanding accounts for work carried out by Cyberegion or its affiliates are required to be paid in full, no later than 14 days from the date of the invoice unless by prior arrangement with Cyberegion.
2. Once a deposit is paid and work completed the Client are obliged to pay the balance of payment in full. Cyberegion will contact clients via email and telephone to remind them of such payments if they are not received when due.
3. All charges payable by the Client for the Services shall be in accordance with the scale of charges and rates published from time to time by Cyberegion on the web site and shall be due and payable in advance of service provision. Cyberegion reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment.
4. Payment is due each anniversary month, quarter or year following the date the Services were established until closure notice is given. If you choose to pay by credit or debit card you authorise Cyberegion to debit your account renewal fees from your card. If you choose to pay by debit order, you authorise Cyberegion to debit your account with any fees outstanding.
5. All payments must be in SA Rands unless otherwise agreed to.
6. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of R100.00.
7. Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.
8. If an account goes unpaid for at least seven days, a R100.00 late payment fee will be applied.
9. If an account goes unpaid for at least ten days, the account and its associated services are suspended. A R150.00 charge will be applied upon account reactivation to cover administration costs.
10. Once an account has a suspended status, Access to files, databases and other content is explicitly denied. All files, databases and other content including the account itself is permanently deleted after ten days of account suspension.
11. Should access to files, databases and other content be required before they are deleted, account reactivation will be required.
12. Following consistent non payment of an invoice, Cyberegion may appoint Solicitors of their choice who will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons. All legal fees in this regard will be for the client’s account.
13. Cyberegion will provide you with an annexure in terms of this clause of fees applicable from time to time and this annexure is incorporated into this Agreement.
14. In the event of a change in the applicable rate of Value Added Tax or any other fee, such change shall be for your account and shall be implemented immediately.
15. In the event that you are not satisfied with the Software, you can terminate this Agreement immediately provided that you give Cyberegion written notice of the termination.
16. Failure to make payment within fourteen (14) calendar days of receipt of invoice may result in deactivation of the Service provided to you at Cyberegion discretion.
17. You will make payment to Cyberegion of all amounts payable in terms of this agreement free of exchange and without deduction or set-off of any nature, within fourteen (14) calendar days after the date on which Cyberegion issues an invoice. You will in no circumstances be entitled to defer or withhold payment of any amounts due in terms of this Agreement for any reason whatsoever, including but not limited to any information being incomplete, inaccurate or incorrect.
18. If you fail to pay any amount due in terms of this Agreement on due date, such overdue amount shall bear interest at the prime overdraft rate of interest per annum, as well as an administration fee be charged by Cyberegion from time to time, as calculated from the due date until date of payment, both days inclusive.

1. If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
2. If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
3. If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.
4. No refunds will be made for Services suspended in accordance.
5. We reserve the right to suspend the Services and/or terminate this Agreement at any time.
6. You may cancel the Services at any time with a 1 month written notice.
7. On suspension of services, Cyberegion cannot be held liable for any loss what so ever. Neither can Cyberegion be held liable to retain or make backups of client data, nor transfer this data to any new host. This duty will be the sole responsibility of the Client.
8. You may be entitled to a complete refund of all fees paid with the exclusion of dedicated server and data transfer fees should You decide to cancel the Services
9. Any refund will be under the sole discretion of Cyberegion.
10. Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card or bank account, less any transaction costs that may occur in the process.
11. On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it.

1. All free and commercial software on this site is supplied as is, the code base is not encrypted. We make no guarantees to the stability or security of said products, You are free to alter the code to suite your needs, to remove the powered by logos or text in said products where required.

1. If any party is prevented from carrying out any of its obligations as a result of an act of God, strikes, fire, riot, war (whether declared or not) embargoes, export control, international restrictions, shortage of transport facilities, any order of any international authority, any court order, any requirements of any authority or other competent local authority, the downtime of any communications line or any other circumstances whatsoever which are not within the reasonable control of such party, such party will be deemed to have been released from its obligations to perform under this Agreement to the extent that and for so long as it is so prevented from performing, this Agreement will be deemed to have been suspended to such extent and for the period concerned.
2. As soon as a party becomes aware that an act of force majeure is likely to cause a suspension of this Agreement, it shall give notice in writing to the other party, estimating the approximate duration of such suspension. The estimate shall not be binding and the party claiming force majeure shall:-
3. use its best endeavours to terminate the circumstances giving rise to the force majeure; and
4. give notice to the other party as soon as the force majeure ceases to operate.

1. Anyone who experiences a problem with their web service provided by Cyberegion should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.
2. Cyberegion will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.

1. The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
2. A formal complaint should be made in writing to Cyberegion, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
3. An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.

1. The Client shall not cede any of its rights or delegate any of its obligations under this Agreement or otherwise assign this Agreement to any third party without the prior written approval of Cyberegion, which approval will not be unreasonably withheld. Cyberegion may cede this agreement at its discretion without notice to you.

1. If, as a result of any breach by you of any of the terms of this Agreement, Cyberegion or an Affiliate incurs any legal, professional and/or other costs and/or disbursements (including the costs of any letter of demand, tracing agents fees and collection commissions), you shall be liable for and shall pay on demand, all costs and disbursements so incurred, on the scale as between attorney and own client.

1. Cyberegion reserves the right to revise, amend, or modify these Terms and Conditions, and any of our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our Terms and Conditions.

1. This document constitutes the sole record of the agreement between the parties. No party shall be bound by any representation, warranty, promise or the like not recorded herein.
2. This Agreement supersedes and overrides any other terms and conditions (whether written or oral) which may have been concluded between Cyberegion and the Client.
3. No addition to, variation, or agreed cancellation of this Agreement shall be of any force or effect unless in writing and signed by or on behalf of the parties.
4. No indulgence which either party ("the grantor") may grant to the other ("the grantee") shall constitute a waiver of any of the rights of the grantor, which shall not thereby be precluded from exercising any rights against the grantee which may have arisen in the past, or which might arise in the future.
5. If any provision hereof is held to be illegal, invalid or unenforceable for any reason, such provision shall be deemed to be pro non scripto, but without affecting, impairing or invalidating any of the remaining provisions of this Agreement which shall continue to be of full force and effect.
6. All provisions of this Agreement and any schedule or appendix hereto shall be independent of each other and deletion from or the invalidity of any such provision or schedule shall not affect the remainder of this Agreement.
7. In the event of any conflict between the terms and conditions of this Agreement and the terms and conditions of any of the annexures hereto, as they may be revised from time to time, the provisions of this Agreement shall prevail.
8. Without prejudice to any other provision of this Agreement, any successor in title, including any executor, heir, liquidator, judicial manager, curator or trustee, of either party shall be bound by this Agreement.

1. Any correspondence associated with this Agreement will be addressed to your address as contained in the Cyberegion Subscriber Application Form.
2. Cyberegion elects the address within this Agreement as its address to which you should address all correspondence.
3. The Parties shall be entitled from time to time by written notice to one another, to vary their domicilium.
4. Any notice, which is:-
   1. posted by pre-paid registered post to a Party's domicilium for the time being shall be deemed to have been received by the Party on the 7th (seventh) day after the date of posting;
   2. delivered by hand during the normal business hours of a Party at the Party's domicilium for the time being shall be deemed to have been received by the Party at the time of delivery;
   3. sent by telefacsimile during the normal business hours of a Party at the Party's domicilium for the time being shall be deemed to have been received by that Party on the 1st (first) business day following the transmission thereof.
5. Address: Cyberegion.com
   5715 Will Clayton # 7774
   Humble, TX 77338
   USA
   1-713-936-2266