Terms of Service

    The Gist

    These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions.

    These Terms are available under a Creative Commons Sharealike license. You can grab a copy of these Terms and other legal documents on Github. You’re more than welcome to copy them, adapt them, and repurpose them for your own use. Just make sure to revise the language so that your Terms reflect your actual practices.

    Terms of Service

    These Terms govern your access to and use of stor.co.za, as well as all content and Hostmatic products and services (for example, ecommerce services as outlined below in Section 7e) available at or through these websites (collectively, “Services”).

    These Terms also govern visitors’ access to and use of any websites that use our Services, such as websites hosted on Stor.co.za that are operated by our users.

    For some of Hostmatic’s other products, services, and programs additional Terms of Service may apply and will be posted on the respective websites.

    Our Services are offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Hostmatic’s Privacy Policy), and procedures that may be published from time to time by Hostmatic (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and the Agreement will apply to any upgrades.

    Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use our Services.

    1. Who’s Who

    Throughout these Terms, “you” applies to both individuals and entities that access or use our Services. If you are an individual using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service(s), you are accepting the Agreement on behalf of that entity.

    We refer to Hostmatic (Pty) Ltd. as “Hostmatic” or “we” throughout these Terms.

    2. Your Account

    Where use of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account and keep the information current. This is important because sometimes we may need to send you notable updates (for example, about changes to our Terms of Service or Privacy Policy), or we may want to let you know about and make informed choices in response to legal inquiries or complaints.

    You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure.

    You are responsible for maintaining the security of your account and any Service-related website, store, or other content, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our Services. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorized uses of your account, store, or website, or of any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

    When you create a Stor account, we consider that to be an inquiry about our products and services, which means that we may contact you to share more details about what we have to offer. Don’t worry — if you aren’t interested in learning more, you can opt out of the marketing communication, whether it’s an email, phone call, or text message.

    3. Minimum Age Requirements

    Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (or 16 years or older in the European Union).

    4. Responsibility of Visitors and Users

    We have not reviewed, and cannot review, all of the content (such as, but not limited to, text, photo, video, audio, code, computer software, items for sale, or other materials) posted to our Services by users or anyone else (“Content”) and are not responsible for any use or effects of such Content. So, for example:

    • We do not endorse any Content or represent that Content is accurate, useful, or non-harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property , or other proprietary rights of third parties.
    • If you post Content, comment on a website, or otherwise make (or allow any third party to make) Content available on our Services, you are entirely responsible for the Content, and any harm resulting from, that Content or your conduct.
    • We disclaim any responsibility for any harm resulting from anyone’s use, purchase, or downloading of Content. If you access or use any Content, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
    • Any Content offered for sale through any of our Services are the seller’s sole responsibility, and you agree that you will look solely to the seller for any damages that result from your purchase or use of Content.
    • We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.
    • Please note that additional third party terms and conditions may apply to the downloading, copying, purchase, or use of Content.

    We also have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages that link to, or are linked from, stor.co.za or our other Services. For example:

    • We do not have any control over those websites and are not responsible for their contents or their use.
    • The existence of a link to or from one of our Services does not represent or imply that we endorse such website.
    • You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
    • We disclaim any responsibility for any harm resulting from non-Hostmatic websites.

    5. Fees, Payment, and Renewal

    a. Hostmatic Fees

    Fees for Paid Services. Some of our Services are offered for a fee (collectively, “Paid Services”). By using a Paid Service, you agree to pay the specified fees (for example, hosting fees and fees associated with specific features, such as add ons, plugins and domain renewals). These fees may be one-time fees, recurring fees, or revenue-based fees. For recurring fees, we’ll bill or charge you for in regular automatically-renewing intervals (such as monthly, annually, or biennially), on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team. For revenue-based fees — such as fees for payments for your website’s subscriptions — you pay us a percentage of the revenue your website generates. Revenue-based fees are ongoing.

    Depending on which billing option you choose (like monthly vs. annually), there may be different features available or policies that apply to your Paid Service.

    Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees, or charges now in force or enacted in the future (“Taxes”). You are responsible for payment of all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we are obligated to pay or collect Taxes on the Fees you’ve paid or will pay, you are responsible for such Taxes, and we may collect payment for such Taxes.

    Payment. If your payment fails, Paid Services are otherwise not paid for or paid for on time, or we suspect a payment is fraudulent, we may immediately cancel or revoke your access to Paid Services without notice to you. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services.

    Automatic Renewal. To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any Taxes). By default, your Paid Services will be renewed for the same interval of time as your original subscription period. For example, if you purchase a Stor.co.za annual plan, you will be charged each year for the following 12-month period. We may charge your account up to one month before the end of the subscription period. It is your responsibility to make sure you are checking your email (including any spam or other filters) in order to receive any reminder email we send to you in advance of renewal. The date for the automatic renewal is determined automatically based on the date of the original purchase and cannot be changed. You can view your renewal date for Stor.co.za Paid Services by visiting your My Accounts page For more information about how Stor.co.za subscriptions work, please see our FAQ.

    Cancelling Automatic Renewal. You can manage and cancel your Paid Services at the respective Service’s site. For example, you can manage all of your Stor.co.za plans through your Stor.co.za website and My Account page. To cancel a Stor.co.za plan, go to your Stor.co.za website, click on the plan you wish to cancel, then follow the instructions to “cancel the subscription.” You must repeat this process for each subscription you wish to cancel.

    Fee Changes. We may change our fees at any time, or start charging fees for Services that were previously free. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you must cancel your Paid Service.

    No-Show Policy. We may have a “no-show policy” for some Paid Services, which means that if you fail to show up or are late for a scheduled session, we may withhold the Service without a refund.

    Refunds. While you may cancel a Paid Service at any time, refunds are issued in our sole discretion, unless otherwise required by applicable law.

    b. Fees Collected by Website Owners

    Fees Paid to Websites or Website Owners. Website owners may choose to sell items (goods, content, services, etc.), offer subscriptions for their websites at specific price points and intervals, or simply collect payments. Please note that we are not involved in a website’s subscription details, or a website’s store operations (including the quality, timing, pricing, or legality of what may or may not be included in exchange for payment, or any goods or services purchased). If you purchase items or subscriptions from a website, your purchase is directly from the website owner, who is solely responsible for the items sold. Please contact the website owner if you have any questions or complaints.

    Automatic Renewal. Any recurring payments you make to a website owner (such as a website subscription) are automatically renewed. This means that unless you cancel your website subscription before the end of the applicable renewal period, it will automatically renew. Your recurring payments will be renewed for the same interval of time as your original subscription period. For example, for an annual renewal schedule for your website subscription, you will be charged each year.

    Cancelling Automatic Renewal of Website Subscriptions. You can manage and cancel your website subscriptions. You must do this for each website subscription you wish to cancel.

    Refunds. We are not responsible for refunds for fees paid to a website owner because those transactions are between website owners and their users. If you would like to request a refund for any fees paid to a website or website owner, please contact the website owner.

    6. General Representation and Warranty

    You represent and warrant that your use of our Services:

    • Will be in strict accordance with these Terms;
    • Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
    • Will not use the Services for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
    • Will not infringe or misappropriate the intellectual property rights of any third party;
    • Will not overburden Hostmatic’s systems, as determined by us in our sole discretion;
    • Will not disclose sensitive personal information of others;
    • Will not be used to send spam or bulk unsolicited messages;
    • Will not interfere with, disrupt, or attack any service or network; and
    • Will not be used to create, distribute, or enable material that is – or that facilitates or operates in conjunction with – malware, spyware, adware, or other malicious programs or code.

    7. Specific Service Terms

    a. Stor.co.za Websites and Accounts

    Stor.co.za enables you to create beautiful websites and blogs, and we would love for you to use it. A Stor.co.za account also allows you to sign into some of our Services.

    You own all content you post to your website. However, be responsible in what you publish. In particular, make sure that none of the prohibited items (like spam, viruses, or serious threats of violence) appear on your website.

    Your Stor.co.za Website. If you create a website on Stor.co.za, you get to use an Hostmatic-owned subdomain, such as example.stor.co.za. You must not engage in “domain squatting,” claim an unreasonable number of subdomains (as determined by us), or sell access to any subdomains.

    License. By submitting Content to Hostmatic for inclusion on your website, you grant Hostmatic a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the Content solely for the purpose of displaying, distributing, and promoting your website. This license also allows Hostmatic to make any publicly-posted Content available to third parties selected by Hostmatic so that these third parties can analyze and distribute (but not publicly display) the Content through their services. You also give other Stor.co.za users permission to share your Content on other Stor.co.za websites and add their own Content to it (aka to “reblog” your Content), so long as they use only a portion of your post and they give you credit as the original author by linking back to your website.

    Removing Content. If you delete Content, we will use reasonable efforts to remove it from public view (or in the case of a private website, from view by the authorized visitors) on Stor.co.za, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

    Web Traffic. We use a third parties to measure Stor.co.za’s audience and usage. By hosting your website on Stor.co.za, you agree to assign the traffic relating to your website to Hostmatic and authorize us to sign a Traffic Assignment Letter on your behalf for audience measurement reports. Your website’s traffic will be included under Hostmatic. You understand that your website will not receive credit for traffic in these reports, and you must not assign your website’s traffic to any other party. If we require additional documentation to verify ownership of your website or domain name, you agree to make reasonable efforts to accommodate such requests.

    Prohibited Uses. By using Stor.co.za, you represent and warrant that your Content and conduct do not violate the User Guidelines.

    HTTPS. We offer free HTTPS on all Stor.co.za websites by default, including those using custom domains, via Let’s Encrypt. By signing up and using a custom domain on Stor.co.za, you authorize us to act on the domain name registrant’s behalf (by requesting the necessary certificates, for example) for the sole purpose of providing HTTPS on your website.

    Advertisements. We reserve the right to display advertisements on your website unless you have purchased a plan that includes the removal of ads.

    Attribution. We reserve the right to display attribution text or links in your website footer or toolbar, attributing Stor.co.za or the theme author, for example. Some of these attributions may not be altered or removed.

    Domain Names. We can act as a registrar and also work with third party registrars in order to provide domain name services. When you register a domain name on Stor.co.za or transfer an existing domain name to Stor.co.za, the policies of the respective registry apply, and you become bound by the relevant registrar’s terms and conditions, in addition to these Terms. When you register a domain, you’re presented with and agree to the relevant domain registration agreement. If you didn’t make a note of it, you can look it up at any time.

    Your use of your domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”). You can read about your rights and responsibilities as a domain name registrant under ICANN’s Registrar Accreditation Agreement.

    When you register a domain name, you’re required to provide complete and accurate registration information. In most cases, the contact information you provide as part of the registration process will be used as your administrative contact, technical contact, and billing contact.

    If the domain name registration information you’ve provided differs from the Stor.co.za account holder’s information, we consider the administrative contact in the domain’s WHOIS records (the contact information provided on Stor.co.za as part of the domain registration process) to be the owner of the domain, with full authority to manage the domain.

    e. Ecommerce Services

    There are certain features offered via Stor.co.za  that enable you to sell items (goods, content, services, etc.) or receive payments on your website, such as WooCommerce and Subscriptions (collectively, “Ecommerce Services”).

    If you use any Ecommerce Services, you represent and warrant that any information you provide about your business, products, and services is accurate, complete, and will be kept current. You agree to promptly notify us via email if you receive any inquiry or action from a government or regulatory agency (such as the Federal Trade Commission or a state Attorney General) relating to your transactions.

    Usage of Information. WooCommerce Shipping & Tax may require Hostmatic’s servers, a connection to our partners, and/or data from your website, to work.

    Prohibited Uses. You may not use Ecommerce Services for any unlawful purposes, in furtherance of illegal activities, or in a manner that is unfair, deceptive, exposes us or customers to unreasonable risks, or does not disclose important terms of a transaction in advance.

    Ecommerce Services cannot be used in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC).

    If you’re using Ecommerce Services on Stor.co.za, you must not violate our User Guidelines or Store Guidelines.

    We may terminate your access to Ecommerce Services or force refunds (where possible) to your subscribers and customers without notice to you if we determine (in our sole discretion) that your use is in violation of these Terms, or if a payment processor or regulatory authority directs us to do so.

    Third Party Services. You may choose to set up and/or use third party services, such as PayFast or PayPal to collect payment, or MDS Collivery to manage shipping. If you use third-party services, some of your — and your customers’ — data may be submitted directly to or passed to the respective third party, and the respective third party’s terms of service, privacy policy, and other policies may apply. For example, if you use PayFast, you must create or use an existing PayFast account to manage payments, and by using PayFast, you agree to their terms and policies. Please note that third party services may also charge you fees to use or access their services.

    We are not involved in these relationships, but may facilitate transactions or communication. For example, we may, on your behalf, receive notices or forms relating to your MDS Collivery account.

    Please note that some of these third party services may be enabled by default, but you may disable them before your store is set up. If you do not want to use these third party services, please disable them.

    Fees and Negative Balances. In some cases, you pay us fees relating to the Ecommerce Services you use. Please note that we have no obligation to reimburse or refund these revenue-based fees when you issue refunds to your subscribers or customers.

    If you have a negative account balance (for example because of fraud, chargebacks, or other operational issues) or we are obligated to pay or collect any fees relating to your ecommerce activities or your use of Ecommerce Services, you are responsible for those losses and fees, and we may collect payment for those losses and fees.

    Tax Calculations. You are responsible for payment of all applicable Taxes relating to your ecommerce activities and your use of Ecommerce Services. You must collect, report, and/or pay the correct amounts to the appropriate authorities if applicable, and if needed, inform your customers about any Taxes they may be required to pay and issue appropriate invoices. While some Ecommerce Services (for example, tax calculations may be provided) allow you to include sales taxes or Value Added Taxes in transactions, you should not rely solely on these features. While our goal is to keep our documents and tools up-to-date, tax laws change rapidly, and we do not guarantee that tax calculations you receive through or in connection with our Services are complete and accurate. Tax laws also differ from jurisdiction to jurisdiction and may be subject to different interpretations by different authorities. We recommend that you consult with a tax professional for your specific tax situation when assessing the correct tax rates you should charge.

    If we are obligated to pay or collect Taxes on your ecommerce activities or your use of Ecommerce Services, you are responsible for such Taxes, and we may collect payment for such Taxes.

    Shipping Services.  We act only as an intermediary between you and these third parties; we are not involved in any way with your product or its shipment. We also do not warrant that the results you obtain from the use of these services (rates and labels, for example) will be accurate or reliable.

    You are solely responsible for compliance with all applicable rules and regulations, including domestic and international shipping and customs regulations and those of the relevant mailing service.

    In addition, you are solely responsible for customs charges, import taxes or duties, or any other charges related to your shipments. If any charges are assessed against us as a result of your use of the shipping services, you will reimburse us for the full amount within 7 days.

    Please note that in some cases, you may need to pay fees to the carrier directly. In other cases, you authorize us to charge you for the fees associated with each shipping label you create. Each fee will be charged separately to the payment methods you have provided in your Stor.co.za account. If we are unable to collect payment from you for these fees, you will be responsible for payment within 7 days; please contact us to remit payment.

    You may not transfer or sell postage and/or shipping labels to a third party.

    Your Responsibilities. You may only use Ecommerce Services for legitimate transactions with your customers. You are solely responsible for all of your ecommerce activities, including managing subscriptions for your website, managing your store, all applicable taxes and fees, compliance with the Payment Card Industry Data Security Standard (PCI DSS), and compliance with any applicable laws (such as those relating to automatic renewal). Among other things, this means that:

    • We are not involved in your relationships or transactions with any customer or potential customer.
    • You should use your best judgment. For example, you may not want to accept check payments if you’re not comfortable sharing your mailing address with customers.
    • You must accurately communicate transactions, set expectations appropriately, and fulfill all promises, representations, or warranties you’ve made. For example, if you’d like to provide your visitors or subscribers with a new post each week for contributing, but aren’t sure if you’ll be able to post that frequently, you should make it clear that it’s a goal and not a guarantee.
    • You are responsible for the nature and quality of the products or services you provide, and for delivery, support, refunds, returns, and any other ancillary services you provide to your customers.
    • You are responsible for resolving all support questions, comments, and complaints, including chargebacks and pricing questions. You must provide contact information so that customers may contact you with questions or complaints.
    • You will maintain a fair return, refund, cancellation, or adjustment policy, and clearly explain how customers can request a refund.
    • You are responsible for acquiring appropriate consent to submit charges on your customers’ behalf, providing confirmation or receipts to customers for each charge, verifying customers’ identities, and determining a customer’s eligibility and authority to complete transactions.
    • If you believe that a transaction is erroneous or suspicious, you should research the transaction and, if necessary, contact your customer before fulfilling or completing the transaction.
    • If you have transactions with individuals (i.e. consumers), you specifically agree to provide consumers disclosures required by law, and to not engage in unfair, deceptive, or abusive acts or practices.
    • You are financially liable for disputes (including chargebacks), refunds, reversals, or fines that arise from your use of Ecommerce Services.

    8. Copyright Infringement and DMCA Policy

    As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or associated with an Hostmatic product or service violates your copyright, please notify us. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Hostmatic or others. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.

    9. Intellectual Property

    The Agreement does not transfer from Hostmatic to you any Hostmatic or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Hostmatic. Hostmatic, Stor.co.za, the Stor.co.za logo, and all other trademarks, service marks, graphics, and logos used in connection with Stor.co.za or our Services, are copyrighted, trademarks or registered trademarks of Hostmatic or Hostmatic’s licensors. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Hostmatic or third party trademarks.

    10. Third Party Services

    In using the Services, you may enable or use services, products, software (like themes or plugins), embeds, or applications developed by a third party or yourself (“Third Party Services”) on your website.

    If you use any Third Party Services, you understand that:

    • Third Party Services are not vetted, endorsed, or controlled by Hostmatic.
    • Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.
    • Your use is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service.
    • Some Third Party Services may request or require access to your (yours, your visitors’, or customers’) data, for example, via a pixel or cookie. If you use the Third Party Service or grant access, your data will be handled in accordance with the Third Party’s privacy policy and practices. We do not have control over how a Third Party Service may use your data. You should carefully review Third Party Services’ data collection, retention, and use policies and practices before enabling Third Party Services.
    • Third Party Services may not work appropriately with your website, and we may not be able to provide support for issues caused by any Third Party Services.
    • If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.

    In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account or website.

    11. Changes

    We are constantly updating our Services and that means sometimes we have to change the legal terms under which our Services are offered. These Terms may only be modified by a written amendment signed by an authorized executive of Hostmatic, or by the posting by Hostmatic of a revised version. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

    12. Termination

    We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any Hostmatic policy or is in any way harmful or objectionable, (iii) ask you to make some adjustments, restrict the resources your website uses, or terminate your Services, if we believe your website’s storage or bandwidth usage is out of hand and burdens our systems (which is rare and typically only occurs when a website is used for file sharing or storage), or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any amounts previously paid.

    If you wish to terminate the Agreement or your Stor.co.za account, you may simply discontinue using our Services, or, if you are using a paid service, you may cancel at any time, subject to the Fees, Payment, and Renewal section in these Terms.

    All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

    13. Disclaimer of Warranties

    Our Services are provided “as is.” Hostmatic and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Hostmatic, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

    14. Jurisdiction and Applicable Law.

    Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the Republic of South Africa, excluding its conflict of law provisions.

    15. Limitation of Liability

    In no event will Hostmatic, or its suppliers, partners, or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed R250 or the fees paid by you to Hostmatic under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Hostmatic shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

    16. Indemnification

    You agree to indemnify and hold harmless Hostmatic, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you post, and any ecommerce activities conducted through your or another user’s website.

    17. US Economic Sanctions

    You expressly represent and warrant that your use of our Services and/or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and we reserve the right to terminate accounts or access of those in the event of a breach of this condition.

    18. Translation

    These Terms were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms and the English version, the English version will control.

    19. Miscellaneous

    The Agreement constitutes the entire agreement between Hostmatic and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

    You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Hostmatic may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.