• APPIFINY or APPIFINY SOLUTIONS or Go Cool Events refers to the Business consultants, Event management, web hosting agency, networking platform as well as developer of media solutions for website and mobile games services you intend to download or use.
• Go Cool Events refers to the event management product offered by Appifiny Solutions in collaboration with it’s third party providers. All applicable terms and conditions for Appifiny Solutions therefore apply to users of the Go cool events services
• The clause headings contained in this Agreement are for reference purposes only and shall not be used in the interpretation of this Agreement. Words importing any one gender includes the other gender, the singular includes the plural and vice versa, and natural persons includes juristic entities and vice versa.
• A reference to any statutory enactment shall be construed as a reference to that enactment as at the signature date and as amended or substituted from time to time
• In this Agreement, the words hereunder will have the meanings assigned to them below: –
• Agreement” means these General Terms and Conditions, applicable Services Terms and Conditions, all the Policies of APPIFINY and all other application or order forms, as amended and updated from time to time;
• “Confidential Information” means any records, data or information (including personal information), of any nature tangible or intangible, oral or in writing and in any format or medium, which is collected, received, processed, stored or transmitted by the Parties in any manner connected with the provision of Services and relationship pursuant to this Agreement, or data which by its nature or content is identifiable as confidential and/or proprietary to the Disclosing Party and/or any third party, or which is provided or disclosed in confidence; and which the Disclosing Party or any person acting on his behalf may disclose or provide to the Receiving Party or which may come to the knowledge of the Receiving Party by whatsoever means;
• “CPA” means the Consumer Protection Act No. 68 of 2008;
• “Customer”, “Client”, “you” or “your” means the Customer making use of the Services offered and provided by APPIFINY and includes all the users of the Customer that have the benefit of or avail of the Services in terms of this Agreement;
• “Data” means any data supplied, stored, collected, collated, accessed or processed by or for the benefit of the Customer, including personal information, as defined in the Protection of Personal Information Act, 4 of 2013 and any applicable legislation in South Africa and/or in any other jurisdiction where the Services are provided;
• “APPIFINY” means the website hosting business, media solutions,event management or game developer, trading as APPIFINY or APPIFINY SOLUTIONS, operating within South Africa Durban
• “APPIFINY System” means equipment operated together as a system by APPIFINY to provide its Service(s) and services ancillary to such Service (s),
• “APPIFINY Website” means the Internet website published at the URL https://www.appifiny.co.za/ or another URL that APPIFINY notifies the Customer of from time to time;
• “Fees” means the fees applicable and charged by APPIFINY for each of the Services, as disclosed on APPIFINY’s Website and in writing, before the Customer subscribes or applies for such Service(s);
• “Business Day” means any day other than a Saturday, a Sunday or a public holiday in the Republic of South Africa.
• “Business Hour” means a period of 60 minutes between the hours of 08h00 and 17h00 South African Time, on a Business Day.
• “Good Industry Practice” means the exercise of that degree of skill, diligence, prudence and foresight which would reasonably be expected from a skilled and experienced service provider providing similar services to those provided under this Agreement. Such a service provider would seek in good faith to comply with its contractual obligations, and with all applicable laws, codes of professional conduct, relevant codes of practice, relevant standards, and all conditions of planning and other consents;
• “Malicious Code” means anything that contains any computer software routine or code intended to allow unauthorised access or use of a computer system by any party, disable, damage, erase, disrupt or impair the normal operation of a computer system, and includes any back door, time bomb, Trojan horse, worm, drop dead device or computer virus.
• “NCA” means the National Credit Act, 34 of 2005;
• “Parties” means the Parties to these Standard Terms and Conditions and “Party” means any one of them as the context may indicate;
• “Intellectual Property” means any know-how (not in the public domain), invention (whether or not patented), design, trade mark (whether or not registered), or Copyright Material (whether or not registered), goodwill, processes, process methodology and all other identical or similar intellectual property as may exist anywhere in the world and any applications for registration of such intellectual property. For the purposes of this definition, “Copyright Material” means any Material in which copyright subsists;
• “RICA” means the Regulation of Interception of Communications and Provision of Communication-Related Information Act, 70 of 2002;
• “Service(s)” means all the service(s) provided by APPIFINY as specified on APPIFINY’s Website;
• “Signature Date” means the date of signature of this Agreement by the Party signing it last in time;
• “Software” means any computer program or software installed or provided by APPIFINY for the purposes of using the Services and any modifications, enhancements or upgrades thereto;
• “South African Law” means all and any laws and regulations of the Republic of South Africa, including but not limited to applicable codes of conduct, as may be promulgated or amended from time to time;
• “Supplier” means a supplier of goods and / or services to APPIFINY; and
• “VAT” means Value-Added Tax as defined in the Value-Added Tax Act 89 of 1991.
• “ClientZone” or “Client Area” means the Client account login area of APPIFINY’s portal, accessed by using Client credentials and passwords;
• “Multi-Factor Authentication” refers to the process of establishing a user’s identity using several concurrent means of verification such as one-time pin, security questions or other forms of validation.
• “OTP” means One-Time Pin or One-Time Password that is used for login to APPIFINY systems or for verification purposes.
• “User/s” means the Client or any other person accessing any the Services provided.
• “Domain” means an Internet subdomain registered with an authorised registrar appropriate to its top-level domain (“TLD”) and comprising its constituent domain name server records including, but not limited to, host names, aliases and mail exchange (“MX”) records.
• “Database” means a collection of related data including, but not limited to, text, images sound and video, all of which have been created and integrated using a method of connecting and displaying the data into a collection of interrelated independent files or data which are stored together.
• “Content Creation” refers to any media that is produced within or by APPIFINY , such as but not limited to Web design, Logo Design , ARCHVIZ, Business Card Design, Game and Mobile Development, etc

• The Goods and Services that APPIFINY will provide to the Client will be described as product or Services in this document
• More details of particular Goods or Services may be contained in other Service Terms, if available or otherwise stated.
• If there is any conflict between any of these documents, they will be interpreted in descending order of precedence as follows: Terms and Conditions (this document), Service Terms, Acceptable Use Policy, and Service Level Agreement/Non-Disclosure Agreement, unless otherwise expressly stated in writing.
• This Agreement is the whole of the agreement between the parties, and no document or statement not mentioned above will form part of it. Only a written variation, waiver or cancellation agreed to by both parties will be of any effect.
• The law of the Republic of South Africa will apply to this Agreement, its interpretation and any matter or litigation relating to or arising from it, and the parties consent to the jurisdiction of the courts of Republic of South Africa in this regard.
• For the avoidance of doubt, any provision of this Agreement that anticipates any right or duty extending beyond the termination or expiry of this Agreement will survive the termination or expiry of this Agreement and continue in full force and effect
• If one party chooses not to enforce any part of this Agreement, that does not mean that the party cannot enforce that part at a later time. If any part of the Agreement is found to be unenforceable, the rest will still be enforceable
• In the event that any part of this Agreement is found to be partially or fully unenforceable because it does not comply with any law, or for any other reason, this will not affect the application or enforceability of the remainder of this Agreement

• This Agreement shall be effective from the date on which you register for any Services or Products with APPIFINY.
• An Application must be submitted via the APPIFINY Website or ClientZone. Once an Application is accepted, this will now be considered an Active Service.
• Subject to the Service terms, this Agreement shall continue in effect on a month to month basis and either Party shall have the right to terminate this Agreement upon providing the other Party with at least one calendar month notice.
• By subscribing to or applying for the Services, the Customer hereby appoints APPIFINY to provide the Service(s) to the Customer for the duration of this Agreement, which appointment APPIFINY accepts, subject to the terms and conditions contained in this Agreement.
• Each application for or subscription to a Service will constitute a separate contract between the Parties and APPIFINY reserves the right to refuse to commence provision of a Service based on the Customer’s prior conduct.
• If required by APPIFINY, your application for a Service may be subject to a credit referencing or risk assessment process. You agree that APPIFINY  may request and receive your confidential, credit and prescribed information (as defined in the NCA) from registered credit bureau in order to perform a financial means test to determine whether you will be in a position to meet your obligations under the intended agreement. APPIFINY is entitled to perform a financial means test each time you apply for a Service.  No agreement shall come into effect in the event of a negative credit reference or risk assessment, unless at the discretion of APPIFINY to waive this clause. APPIFINY may choose to waive this clause on a case by case basis and any such waiver shall not constitute a permanent or overall waiver of this clause for all Services.
• The Client consents to APPIFINY carrying out a credit check on the Client at any applicable credit bureau and may make the provision of the Goods or Services dependant on its satisfaction with the results. APPIFINY may provide information on the Client’s payment record to a credit bureau. Assessment Information from and to a registered credit bureau in accordance with the provisions and for the purposes of the NCA; and the sharing of such information by registered credit bureau and such other persons as contemplated in the NCA, for the prescribed purposes of the NCA.
• Depending upon the Service provided, APPIFINY may be obliged under RICA to obtain certain information and documents from the Customer, and APPIFINY may withhold or suspend providing Services until the Customer has provided the necessary information and/or documents to APPIFINY.
• If the Customer is a juristic person, APPIFINY may require one or more of its officers to stand surety for the Customer’s obligations under this Agreement. Even if the Agreement has commenced, APPIFINY may withhold providing the Services until the surety has been signed.
• If the Customer has not complied with a requirement of this clause, APPIFINY may delay providing the Goods or Services until the Customer has complied. If the Customer does not comply within a reasonable period, APPIFINY may terminate this Agreement and will not be liable for any damage that the Customer may suffer as a result.
• APPIFINY cannot guarantee the provision of the requested Service upon the receipt of an application. Provision of the Service is subject to APPIFINY confirming that it is technically feasible to do so. Applicants will be formally notified after receipt of an application whether or not the Service can be provided.
• Any notice that APPIFINY sends by email to an email account hosted on the APPIFINY System by the Client will be deemed to have been received by the Client on  the date of transmission; and if a written notice or communication is actually received by one of the Parties from the other, this will be adequate written notice or communication to that Party.

• APPIFINY offer various Services and may provide recommendations to customers, based on the information provided by such customers. APPIFINY provides Services on the basis of information provided by the Customer, and APPIFINY offers no warranty as to the suitability of the Services beyond the requirements as expressed by the Customer. The Customer is solely responsible for ensuring that their choice of Services provided by APPIFINY to their requirements or desired outcome. APPIFINY will not be liable for compensation, costs or damages resulting from incorrect selection of Services, or resultant delays in rectifying such errors.
• While every effort is made by APPIFINY and its Suppliers to ensure that all Services retain a constant uptime (99.9% on a yearly basis and 99% on a monthly basis)and high level of service quality given the nature of the Services, technology, infrastructure and number of Suppliers involved in the provision of such Services this is not always achievable. As such all Services unless otherwise agreed to in writing are based on the best effort premise where no guarantees on throughput, latency or uptime can be provided. To the extent that the provisions of the CPA are applicable to this Agreement, in the event that the Customer alleges that there is a defect in the quality of the Services, the only remedy that the Customer will have against APPIFINY, is to require APPIFINY to remedy the defect in the quality of the Services performed.
• APPIFINY reserves the right to stop offering specific or particular Services if it deems it necessary. APPIFINY will then either provide the service for the remainder of the time that has been paid for or refund the amount paid for that specific package.

• Clients will be held accountable for their conduct towards APPIFINY staff and in the public domain with regard to allegations or malicious conduct directed towards APPIFINY or its staff.
• Abusive behaviour, including (but not limited to) aggression, bullying, offensive language or conduct, including threats, humiliation or any type of intimidation on a forum or directed at APPIFINY or its staff will be deemed abusive and will not be tolerated. Such conduct may constitute an AUP violation and APPIFINY reserves the right to suspend or terminate Services to a Client in such cases.
• Clients using public platforms to spread libel, false allegations, unreasonably or maliciously diminish the reputation or public perception of the APPIFINY brand (or its staff) may have their Services suspended or terminated, depending the severity and circumstances of the incident(s), and may also be regarded as contrary to the AUP.

• The Client confirms that all statements made to APPIFINY are true and correct. APPIFINY reserves the right to request proof of any facts or claims. The Client also commits to providing APPIFINY with necessary information required in the provision of the selected Services, and (where applicable) consent to the use or sharing of this information with 3rd parties to comply with regulatory conditions (such as Domain Registration Listings) within the guidelines of applicable privacy legislation.
• APPIFINY reserves the right to, at any time, request verification of the identity of the Primary Account Holder. Failure to produce such verification could result in suspension or cancellation of the product(s) and Services.
• The Client (or the Client’s agent) certifies that the Client is above the age of 18 years, has full contractual capacity and (in the case of an agent) is duly authorised by the Client to contract on the Client’s behalf.
• APPIFINY’s website and attached systems, such as ClientZone or Client Area, are designed to facilitate reasonable use of the APPIFINY products and Services. APPIFINY reserves the right to suspend or terminate users who are improperly using features of the systems to avoid billing, shaping, suspension or any other system controls, or exploit bugs or limitations in the system design to effect avoidance of system controls or commit crimes. APPIFINY reserves the right to deem an activity as “unreasonable exploitation of the system” and will take appropriate action based on the circumstances and severity of the incident(s).
• The Product(s) and Service(s) and this Agreement, the Services or the interpretation of the supporting documents shall be governed by the laws of the Republic of South Africa and the courts of South Africa will decide any disputes.
• If the Client or its staff engages in behavior that is a contravention of the Acceptable Use Policy or may be considered offensive to APPIFINY or its staff, APPIFINY reserves the right to suspend or terminate the Client’s Services, irrespective of the form and medium of this abuse.
• In the event that any of the terms of this document are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.
• APPIFINY reserves the right to remove any content hosted by a Client which it considers illegal or contrary to the AUP or for which it has received a takedown notice.

• Clients signing up for services as a Primary Contact are considered as “the client” and no other parties will be permitted access or authority to the Client Account, even if they are a 3rd party recipient or affiliate of the “client”.
• APPIFINY will observe all privacy of information best practices, in accordance with the applicable laws of South Africa, including the Protection of Personal Information Act (POPI) of 2013.
• The Client consents to APPIFINY processing Personal Information transmitted to the APPIFINY Systems in a way which is consistent with the Service being provided. Where the Client’s use of a Service leads to the transmission of Personal Information to or from the Republic of South Africa, the Client acknowledges that it has a duty to comply with any relevant statutory provisions dealing with data privacy either in the Republic of South Africa or in any foreign country to which the Personal Information is transmitted. The Client warrants that it has obtained the consent of any third party for the use of that party’s Personal Information in this way, or otherwise that such processing is lawful, and indemnifies APPIFINY from any claim brought by such third party as a result of its failure to do so.
• APPIFINY may retain backups as a matter of course for up to one year after termination, and the Client consents to such retention. However, APPIFINY gives no warranty in respect of the effectiveness of such backups (if any).
• The Client on acceptance of any product(s) or service(s) with APPIFINY agrees and complies to our Privacy Policy Terms and Conditions.

• The Customer acknowledges that APPIFINY may:
  • terminate this Agreement by written notice, including email, and without liability in the event of the termination of its agreement with a Supplier relevant to the provision of any Service; or
  • suspend or terminate the Services of a Customer in its absolute discretion and without notice:
    • if the Customer commits a serious or repeated breach of the Agreement (and in particular any provision of the Acceptable Use Policy) or the Customer engages in any conduct which in APPIFINY’s opinion would have a negative impact on APPIFINY, other customers of APPIFINY or APPIFINY’s staff or is detrimental to the welfare, good order or character of APPIFINY;
      • any part of the Customer’s Fees are not paid in full when due;
      • the information the Customer supplied to APPIFINY is found to be incorrect or false; or
      • APPIFINY reasonably thinks that the Customer’s use of the Services may result in the commission of a crime or is otherwise unlawful.
    • Upon such suspension or termination, the Customer:
      • may not resile from this Agreement or withhold or defer payment or be entitled to a reduction in any charge or have any other right or remedy against APPIFINY, its servants, its agents or any other persons for whom it may be liable in law;
      • will not be eligible for re-imbursement of any the Fees paid in advance for the Services, if applicable;
      • may be barred from subscribing to any services with APPIFINY in the future;
      • may be listed with applicable authorities and credit bureaus.
    • APPIFINY may in its sole discretion determine the period of suspension it may deem necessary in consideration of the particular circumstances that gave rise to the suspension.

• APPIFINY endeavors to have the content of YOUR website available for http access by any party in the world 99.99% of the time. Network downtime (“unavailability”) is defined as 100% packet loss from APPIFINY to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via APPIFINY’s online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the APPIFINY call center.
• APPIFINY’s administrators will determine the end of the downtime by a traceroute to YOUR machine from outside the APPIFINY network.

• All accounts are set up on a pre-pay basis.
• Setup fees are charged for all new accounts as well as major account changes and are non-refundable.
• All pricing is guaranteed for the term of pre-payment.
• APPIFINY reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notify APPIFINY to request for termination of services.
• All payment can be conducted in South African Rand (ZAR) or United States U.S. currency the U.S Dollar.
• APPIFINY will bill each client R500 per returned check, per wire transfer received and per credit card chargeback received.
• All APPIFINY accounts are setup on anniversary billing cycles. YOUR particular billing cycle corresponds to the contract length that was initially chosen at setup. YOUR account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. However, if you wish to change to a shorter billing cycle during a current cycle, there will be a R0.00 fee, plus Pro-rata charges. Please contact the billing department at sales@APPIFINY.co.za should you wish to change your anniversary billing cycle.

• Subscription options: With reference to the applicable Service, APPIFINY offers the following subscriptions options:
  • Monthly: Fees will be due monthly in advance and should be paid by the 1^stBusiness Day of the applicable month. Subject to the provision of the Agreement, the Customer must give one calendar month’s written notice to APPIFINY in order to cancel this subscription.
  • Annual: Fees are due and payable on or before the 1st Business Day of the commencement of the period or any subsequent renewal period. Subject to the provision of the Agreement, the subscription shall be renewed automatically for further annual renewal period(s), unless cancelled by Customer with at least one calendar month’s written notice to APPIFINY, before the expiry of the applicable annual period.
• APPIFINY reserves its rights to change its prices at any time on reasonable notice, which will not be less than 30 days, as per the minimum term of a month to month agreement.
• APPIFINY accepts Debit Order and Visa/Mastercard payments for month to month services, and will only accept alternative payment under specific circumstances and only by prior arrangement at APPIFINY’s discretion.
• The Client’s monthly debit orders of the Fee will be submitted monthly in advance on or about the first Business Day of the month. This will apply to both Debit Order Payments and Visa/Mastercard Payments.
• APPIFINY will not accept any liability or responsibility for delays, suspensions or impact to Services due to use of non-approved payment methods by Clients.
• If the Client’s debit order bounces for any reason, APPIFINY reserves the right to resubmit the debit order at any time.
• Non-payment of any Fee by its due date, whether as a result of unpaid Debit Orders, declined cards or any other cause may result in immediate suspension of Services (which may not be limited to the particular Service in question). APPIFINY retains the right to suspend any Services for non-payment, and to withhold such Services until all arrears are settled in full on any and all products and Services.
• Services which have been suspended for non-payment of Fees will remain suspended until payment has been made and the Service is reconnected as described below. The Client will not be credited for data, maintenance, products or Services that would otherwise have been available to the Client during the period of suspension.
• If the Client remains in default of a monthly Fee for two consecutive calendar months, APPIFINY may terminate the agreement with immediate effect. The Client will remain liable for all Fees and charges for any period of suspension.
• Should the Client settle the unpaid Fee they will be reconnected as described below. 
• APPIFINY may charge an Admin Fee for failed or returned payments, regardless of method of payment or the reason for non-payment. Such Admin Fees are payable immediately and in conjunction with the outstanding fees which resulted in non-payment. Admin Fees will be calculated on a sliding scale based on the number of incidents of non-payment on the Client’s payment record. Non-payment of Admin Fees will be considered non-payment and will be subject to the same terms. Once levied, Admin Fees are not recoverable or reversible, regardless of whether payment is made within the prescribed period.
• If the Client’s Services are suspended or terminated for any reason, including non-payment, APPIFINY may charge a Reconnection Fee for subsequent reactivation of services as described in Client Area. Reconnection Fees are payable in full before any services can be reactivated, once suspended. APPIFINY may charge multiple reconnections Fees where multiple products are affected and may charge “escalating” penalties for repeated non-payment offences. Any prior leniency shown in this regard will not prejudice APPIFINY’s right to enforce such penalties in full at any time (within their discretion).
• Reconnection of Services may be subject to a waiting period of up to 72 hours, at APPIFINY’s discretion, regardless of when payment is received or cleared.
• In cases of suspension of Services due to non-payment, APPIFINY reserves the right to levy both Reconnection Fees and Admin Fees. Any and all penalty fees must be settled in full, prior to reconnection of affected services.
• Both Admin and Reconnection fees will not exceed R400 (charged on a sliding scale based on the number of incidents of non-payment), and this amount is based on (but not limited to) a reasonable estimation of accumulated administrative costs (such as labour), bank penalties and resubmission charges levied by payment carriers.
• In the case of billing disputes, the onus is upon the Client or Customer to raise such disputes in good time through the complaints procedure set out in these Terms to prevent interruption of services while the billing is in dispute. Reparations will be made to Clients with successful disputes by means of an account credit or refund, at APPIFINY’s discretion.
• APPIFINY reserves the right to terminate services where a Client has shown a repeated disregard for payment terms and consistently fails to make regular scheduled payments on time and using approved payment methods. The conditions of termination will be based on guidelines determined at APPIFINY’s discretion and may vary. The means and terms of termination will be determined at APPIFINY’s discretion. Notice of termination will be provided to the best of APPIFINY’s ability, but APPIFINY will not be held liable for claims or requests for further provision of services once a Client’s services have been terminated due to non-payment.
• Unless otherwise agreed:
  • Billing will commence on the first date that Service provision commences. Partial months will be charged pro rata, all billing will be based on the first day of month.
  • Services are billed in advance and all invoices must be paid by the Client in advance.
  • Any Services invoiced in arrears are payable on presentation of invoice.
  • All Fees and other amounts payable are quoted exclusive of VAT, wherever applicable.
• Interest will be charged on any amount that remains unpaid by the Client beyond the due date of payment:
  • The interest rate will be 2% (two percent) above the prime overdraft rate (percent, per annum), up to a maximum of 2% per month.
  • The prime overdraft rate will be as charged by APPIFINY’s bankers at the time, which will be evidenced by a certificate issued by any manager of that bank, whose authority it shall not be necessary to prove.
• The interest will be calculated from the due date of payment to the date of actual payment, both days inclusive, and will be compounded monthly in arrears. The Client agrees and undertakes to pay the interest.

• By accepting these terms, the Client hereby authorizes APPIFINY to debit their nominated bank account or Visa/Mastercard any variable amount pertaining to the service or products they have selected, on sign up for a calculated pro-rata and thereafter at the beginning of each month (or on signup entirely for purchase of non-service products).  This sum being the amount for settlement of the monthly amount due by the Client in respect of services or products.
• The Client authorises APPIFINY’s nominated agent to debit their bank account or Visa/Mastercard on APPIFINY’s behalf (the “authorized party”).  The debit authority will remain in force until such services or products are cancelled, subject to the condition that Client agrees that debits related to cancellation notice periods will be honored before the expiration of the debit authority.
• The Client agrees that the authorized party may freely cede, delegate or assign any of its rights or obligations in terms of this debit order instruction without consent from the Client and that the Client may not cede, delegate or assign any of their rights and obligations in terms of this debit order instruction to any third party without the prior written consent of the authorized party

APPIFINY may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not affect YOUR obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.

• APPIFINY reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by APPIFINY if we institute our right of cancelation. Any violation of policies which results in extra costs billed to YOU (i.e. transfer, space etc.).
• APPIFINY operates Month-to-Month contracts. Either the Client or APPIFINY may terminate the agreement, or a particular Service, by giving one calendar month’s notice to the other. For example if notice is given on the 15th of January, termination will take effect on the 1st of March. Particular Service Terms may allow for shorter notice periods.
• All of APPIFINY’s PLANS are backed by a 30-day money back guarantee. If YOU are not completely satisfied with our services or support within the first 30 days of YOUR contract, YOU will be given a full refund of the contract amount excluding setup fees, domain registration fees, add-on/upgrade fees, overages and Bank and payment gateway transaction fees as well as content creation fees.
• The Client must give notice of termination to APPIFINY via the Client area. Cancellation of any Service is the Client’s responsibility and all tools to effect such cancellation are provided in the Client Area. The Client is responsible for ensuring that such cancellation of service is actioned with due attention to terms of cancellation, as well as cancellation conditions which require the Client to specifically indicate a required process. Should the Client incorrectly complete the cancellation process, APPIFINY will not be liable for any additional costs or compensation due to the error.
• Setup fees are refundable only if the account order is canceled prior to account activation. If YOU cancel, the full contract amount less any setup fees and overages will be refunded if APPIFINY is notified within the first 30 days following activation. This policy does not apply to any additional services such as overages,content creation such as Logo Design, Business Card Design, referrer logs, real audio/video, Video Editing, Game development, additional disk space, additional pop accounts, domain registration fees, etc. For credit card payment, refunds will be made to a PayPal/Payfast account made available by the Customer after the 120th day.
• The Refund policy will not be made available to Customers using wire transfers. All account cancelations must be done via our cancelation form at YOUR hosting account control panel or Client area. Phone or email requests will not constitute acceptance of any cancelation.
• No Refunds will be provided for any domain registrations or Graphical media work or any other content creation services once payment is made. A full Refund (less transactional fees and exclusions stated above) for graphical media and content creation such as logo design, web designs , etc will only be allowed within the first 24 hours after payment has been received and If no work has commenced within Appifiny, or before any design data has been received from the Client.
• Either party may terminate this Agreement and any service provision where there is a breach of this Agreement by the other which has not been remedied within seven (7) days of receipt of written notice to do so.
• APPIFINY reserves the right to terminate agreements based on a breach of this agreement, or linked agreements (such as their Acceptable Use Policy) which is viewed as a breach of the whole service contract.
• The Client acknowledges that APPIFINY may terminate this Agreement by written notice, including email, and without liability in the event of the termination of its agreement with an upstream licensee relevant to the provision of any connectivity Service.
• APPIFINY reserves the right to deactivate or terminate or restrict selected Free or unlimited provided Products, such as Free SSL, should they not be used within a prescribed period or at APPIFINY’s sole discretion. Such termination will take place automatically, as per product specifications, and may occur without prior warning. APPIFINY accepts no liability should such termination take place, and not warranty is made regarding the availability of said products in the future. For example, should a Free SSL certificate be deleted if not used within 90 days, APPIFINY makes no warranty that the it or the number thereof can be made available again, and accepts no liability for any consequences resulting in the deletion of the product or service. APPIFINY reserves the right to terminate products provided as Free products where a breach has occurred (such as non-payment) in relation to other products, whether or not such breach has direct or indirect bearing on the Free product service provision

• In the event that YOUR website is unavailable for less than 100%, APPIFINY will credit the following month’s service fee as follows. YOUR credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 50% of the monthly service charge for the affected month.

Monthly Uptime Credit:

• 90% to 94.9% – YOUR account will be credited 10% of your monthly hosting fee
• 9% or below – YOUR account will be credited 20% of your monthly hosting fee

• In order for YOU to receive a credit on YOUR account, YOU must request such credit within seven (7) days after YOU experienced the downtime. You must request credit by sending an e-mail message to info@APPIFINY.co.za. For security, the body of this message must contain YOUR account number, the dates and times of the unavailability of YOUR website, and such other customer identification requested by APPIFINY. Credits will usually be applied within sixty (60) days of YOUR credit request. Credit to YOUR account shall be YOUR sole and exclusive remedy in the event of an outage. (4.) RESTRICTIONS – Credit shall not be provided to YOU in the event that you have any outage resulting from:
  • scheduled maintenance as posted from time to time at APPIFINY,
  • your behavior or the performance or failure of your equipment, facilities or applications,
  • circumstances beyond APPIFINY’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site,
  • YOU breaking any agreement policy in APPIFINY’s “Terms & Conditions and AUP” causing a machine to fail as a result.

Should APPIFINY agree to the acquisition or transfer of any or all of it’s services to another company, such services and services agreements will be transferred to the acquiring entity. Clients affected will be notified of such changes and any potential impact to their service agreement within the minimum term (30 days) of a month to month agreement.

• Material accessible to you through APPIFINY’s services may be subject to protection under the South African or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use APPIFINY or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the APPIFINY network. If YOU use a domain name in connection with APPIFINY or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
• All Intellectual Property rights in and to APPIFINY’s Software, Systems, procedures and policies (including, without limitation, copyright, trademarks, designs and patents) relating to or used in connection with the Service(s) provided under this Agreement shall belong to APPIFINY. In addition, all intellectual property rights in and to Suppliers’ software, systems, procedures and policies (including, without limitation, copyright, trademarks, designs and patents) relating to or used in connection with the Service(s) provided under this Agreement and licensed to APPIFINY shall be made available to Customers in the sole discretion of APPIFINY and subject to APPIFINY’s agreement with such Suppliers. The Customer undertakes that it shall at no time, have any right, title or interest in the Intellectual Property of APPIFINY or the applicable Suppliers and agrees that it shall not (or permit any third party to) reverse engineer, decompile, modify or tamper with the software systems, procedures and policies owned by APPIFINY, or any of its Suppliers.
• The Customer agrees to only make use of properly licensed third party software in connection with its use of the Services and agrees to indemnify and hold APPIFINY and any of its members, representatives, officers or employees harmless against all losses, damages, liability, costs and expenses, including reasonable attorney fees, suffered or incurred by them as a result of any third party claims relating to its involvement in any copyright infringement or alleged copyright infringement.

• The Domain Name will be delegated (registered) once it has been accepted and approved by the Registrar and the Registry and after payment of the relevant fees.
• The Domain Name registration will continue after the Effective Date for the period described in the Application unless it is transferred or otherwise deleted as described in this Agreement or one of the documents referred to in it.
• The Domain Name may be renewed upon payment of the relevant fees, and this Agreement will be renewed upon each renewal or other extension of the Domain Name’s registration period.
• It the Applicant wishes to transfer the Domain Name to another registrant (which is done by updating the domain name record), the Applicant must ensure that the new registrant has agreed to the terms of this Agreement. The Registrar will not give effect to the transfer until it has received confirmation of such agreement.
• The Registrar’s deletion and auto-renewal policy will not differ from the parameters set out in the Published Policies by the Registry. The Registrar will under no circumstances be liable if any Domain Name is deleted due to the Applicant’s failure to renew the Domain Name registration.
• Should the Applicant fail to pay any of the fees contemplated within the periods stated, the Registrar may, without derogating from any other right which it may have in terms of these Service Terms or the General Terms or otherwise, and without notice, withdraw the Domain Name application or registration.
• Under no circumstances whatsoever will the Registry or Registrar be obliged to refund any fees paid by the Applicant in terms of this clause 
• The Applicant must provide to Registrar accurate and reliable contact details and correct and update them within seven (7) days of any change during the term of the Domain Name registration, including:
  • the full name, postal address, email address, voice telephone number, and fax number if available of the Applicant;
  • name of authorised person for contact purposes in the case of an Applicant that is an organisation, association, or corporation;
  • the names of the primary nameserver and secondary nameserver(s) for the Domain Name;
  • the name, postal address, email address, voice telephone number, and (where available) fax number of the technical contact for the Domain Name; and
  • the name, postal address, email address, voice telephone number, and (where available) fax number of the administrative contact for the Domain Name.
• The Applicant’s willful provision of inaccurate or unreliable information, its willful failure to update information provided to Registrar within seven (7) days of any change, or its failure to respond for over fifteen (15) days to inquiries by Registrar concerning the accuracy of contact details associated with the Applicant’s registration will constitute a material breach of the Applicant-registrar contract and be a basis for suspension and/or cancellation of the Domain Name registration.
• Any Applicant that intends to license use of a Domain Name to a third party is nonetheless the Applicant of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Domain Name. An Applicant licensing use of a Domain Name according to this provision will accept liability for harm caused by wrongful use of the Domain Name, unless it discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the Applicant reasonable evidence of actionable harm.
• The Applicant hereby irrevocably represents, warrants and agrees that:
  • the information provided in the Application is accurate and complete, and that it will keep such information up to date at all times;
  • it has the right without restriction to use and register the Domain Name;
  • to the best of its knowledge and belief the registration of the Domain Name or its use does not and will not directly or indirectly infringe any legal right of any third party in any jurisdiction, including with respect to trademark, service mark, trade name, company name, close corporation name, copyright or any other intellectual property right;
  • will not use the Domain Name for any unlawful purpose whatsoever, including, without limitation, distributing malware, abusively operating botnets, defamation, unfair competition, passing off, phishing, piracy, counterfeiting, fraudulent or deceptive practices or generally for the purpose of confusing or misleading any person;
  • at the time of the initial submission of the Application, and at all material times thereafter, it must have an operational name service from at least two operational name servers for the Domain Name. Each server is and will continue to be fully connected to the Internet and capable of receiving queries relating to the Domain Name and responding thereto; and
  • has selected the Domain Name without any input, influence or assistance from the Registry and/or Registrar.
  • Pursuant to the above warranties, the Applicant hereby agrees that it will defend, indemnify and hold harmless the Registrar and the Registry, their directors, officers, members, employees and agents, for any loss, damage, expense or liability resulting from any claim, action or demand arising out of or related to a breach of the aforementioned warranties or the use or registration of the Domain Name, including reasonable attorneys’ fees on an attorney and own client basis. Such claims will include, without limitation, those based upon trademark infringement, copyright infringement, dilution, unfair competition, passing off, defamation or injury to reputation. The Registrar agrees to give the Applicant written notice of any such claim, action or demand within a reasonable time of becoming aware thereof. The Applicant agrees that the Registry and /or the Registrar will be defended by attorneys of their own respective choices at the Applicant’s expense, and that the Applicant will advance the costs incurred in such litigation, to the respective parties on demand from time to time.
•  

• Content Creation services refers to any media that is produced within or by APPIFINY , such as but not limited to Web design, Logo Design , ARCHVIZ, Business Card Design, Game and Mobile Development, etc
• Applicant to note that an Android Game/App is not guaranteed to make money as it is
  dependent on many factors such as popularity, downloads, in-app purchases, in-app
  adverts, player retention and many other factors. APPIFINY does not guarantee or
  promise applicant that their created game will make a profit. Client agrees to indemnify APPIFINY from all claims where game/app does not produce a profit.
• “Application” refers to the Submission application form
• Completion and submission of the application form to APPIFINY does not confirm
  contractual, or binding agreement or promise that any work will be done
• The application will be subject to review and if successful, an agreement will
  be initiated between applicant and APPIFINY.
• The application form is subject to these terms and conditions and non-disclosure agreement
• All data contained within the application will be considered confidential and subject to terms of service and the non-disclosure agreement and Privacy Policy
• The game review process can take between 24 to 72 hours.
• If the application is unsuccessful, all data will be removed from our database as per the non-disclosure agreement and applicant contacted.
• If the application is successful, a new agreement will be drawn with the applicant and
  development work on the game will begin subject to receipt of payment
• APPIFINY reserves the right to cancel , terminate or refuse an application and or development at any time even after development process has begun.
• The application process and primary game review is free and should not be paid for in any shape or form.
• If the application is successful, the applicant will enter into the detailed review process.
• APPIFINY will inform applicant at all stages of the process ,if any charges will occur prior to work commencing
• Note that the applicants game ideas submitted are subject to change based on best
  design practices, APPIFINY will offer advice and notice of changes that may aid in an
  optimized game design. This by no means is allowance for a Refund.
• No Refunds will be provided for any Graphical media work or any other content once payment is made. A Refund for graphical media work will only be allowed within 24 hours of payment receipt if no work has started, or before any design data has been received from the Client.
• All content creation services allows for a maximum of 2 revisions or alterations, thereafter the client is to pay for additional services.
• The Client acknowledges that the Intellectual property of the client , is NOT owned by APPIFINY , and the client hereby gives APPIFINY full rights to use the intellectual property for game and any media development.
• The Client acknowledges that all or any income generated from the developed application produced by APPIFINY will be subject to Royalty’s deductions on the Gross income, prior to payment to the client.
  • Royalty’s are calculated on the Gross income received at 30%

• APPIFINY will implement measures in line with Good Industry Practice to ensure the security of the APPIFINY System and the physical security of APPIFINY’s premises, but gives no warranty that breaches of security will not take place.
• If the Client discovers a security violation, or thinks that a security violation is imminent, it must immediately notify APPIFINY in an appropriate way that does not further compromise security concerns.
• If the Client suffers damage as a result of loss or corruption of Client Data through a security violation, it will be liable for the damage if the violation was the Client’s fault.
• The Client must not do anything that may prejudice the security of the APPIFINY System, and must take all reasonable measures necessary to ensure that:
  • no unlawful access is gained to APPIFINY’s premises, the APPIFINY System, or the Client’s own system;
  • no Malicious Code is introduced into the APPIFINY System; and
  • the Client Data is safeguarded.
• If a security violation occurs, or APPIFINY is of the view that a security violation is imminent, APPIFINY may take whatever steps it considers necessary to maintain the proper functioning of the APPIFINY System including without limitation:
  • changing the Client’s access codes and passwords (or those of any user of the APPIFINY System), and
  • preventing access to the APPIFINY System.
• APPIFINY takes reasonable measures to provide disaster recovery but does not warrant that recovery will be successful or that it will be completed within any time limit.
• The Client must give its full cooperation to APPIFINY in any investigation that may be carried out by APPIFINY regarding a security violation.
• If the Client is providing any service to third parties that makes use of the APPIFINY System, the Client must contractually bind those third parties to equivalent terms regarding security as are set out in the Security Clause.
• APPIFINY may on prior written notice to the Client inspect the Client’s installation and Client Equipment located on APPIFINY’s premises to ensure compliance with the building regulations and restrictions agreed between the parties.
• By signing up and submitting personal information to APPIFINY, clients expressly agree to validation and verification methods such as Two Factor Authentication and/or Multi-Factor Authentication, using personal information submitted, or such information as required by APPIFINY from time to time. The method of verification used will be implemented at the discretion of APPIFINY. Clients hereby grant authority to APPIFINY to use personal information for this purpose, including but not limited to optionally sending OTP information via SMS to their mobile phones or via Third party Applications.

• APPIFINY may, subject to this Agreement or Acceptable Use Policy, suspend or terminate services of a Client in its absolute discretion by providing email notice if:
  • the Client commits a serious or repeated breach of the Agreement or the Client engages in any conduct which in APPIFINY’s opinion would have a negative impact on APPIFINY, other clients or APPIFINY’s staff or is detrimental to the welfare, good order or character of APPIFINY; or
  • Any part of the Client’s Fees are not paid in full when due; or
  • The information the Client supplied to APPIFINY is found to be incorrect or false;
  • APPIFINY reasonably thinks that the Client’s use of the Services may result in the commission of a crime or is otherwise unlawful.
• APPIFINY reserves the right to effect such suspension or termination without notice, depending on the severity of the breach, but will undertake to inform Clients where possible. Upon such suspension or termination, such Clients:
  • Will not be eligible for reimbursement / compensation, unless at APPIFINY’s discretion
  • May be further barred from signing up for any services with APPIFINY in the future
  • May be reported to governing bodies, such as ISPA, for listing purposes
  • May be listed with applicable authorities and credit bureaus.
• The period of suspension will be that which is reasonable under the particular circumstances that gave rise to the suspension.

• APPIFINY shall not be liable for non-performance under this Agreement to the extent to which the non-performance is caused by events or conditions beyond the control of APPIFINY .
• It is expressly recorded that for purposes of this clause the following shall be considered circumstances beyond the control of APPIFINY :
  • a Supplier’s fault of interruption that affects the Service(s);
  • the non-performance, inability to perform or delay in performance by the upstream provider relating to the provisioning of equipment, services and/or facilities to APPIFINY that affects the Service(s);
  • acts or omissions of any government, government agency, provincial or local authority (including disruption or suspension of the provision of municipal services) or similar authority, any laws or regulations having the force of law, civil strife, riots, insurrection, sabotage, acts or war or public enemy, illegal strikes, interruption of transport, lockouts, flood, storm or fire;
  • all telecommunications infrastructure and communication line faults;
  • failure or unreasonable delay by the Customer to report faults/problems to APPIFINY ; and/or
  • the failure of any hardware, software programme, applications(s) or any other computer systems (or any component thereof) or product or service of any third party on whom the Customer relies (whether directly or indirectly) to use the Service(s).

• YOU AGREE THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD APPIFINY HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY’S FEES ASSERTED AGAINST APPIFINY, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY YOU, YOUR AGENTS, EMPLOYEES OR ASSIGNS. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS APPIFINY AGAINST LIABILITIES ARISING OUT OF:
• ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH APPIFINY’S SERVER.
• ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY
• COPYRIGHT INFRINGEMENT AND
• ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM APPIFINY’S SERVER.
• ANY AND ALL DAMAGES, LOSS, CLAIMS OR COSTS, OF WHATEVER NATURE AND INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, SUFFERED BY THE CLIENT OR THIRD PARTY, HOWSOEVER ARISING, AND APPIFINY WILL MOREOVER NOT BE LIABLE WHETHER THE LOSS WAS THE RESULT OF THE ACT OR OMISSION OF AN APPIFINY EMPLOYEE, VICARIOUS OR STRICT LIABILITY.
• In the event that APPIFINY is nonetheless held liable, the quantum of APPIFINY’s liability will not exceed the monthly or pro-rata fees due for the Service that occasioned the loss, in the preceding 2 months, regardless of whether the claim arises out of negligence on the part of APPIFINY or any other cause.
• USE OF THE SERVICES INDICATES THAT THE CLIENT INDEMNIFIES AND HOLDS HARMLESS APPIFINY IN RESPECT OF ANY DAMAGES, LOSS OR COSTS OR CLAIMS INSTITUTED AGAINST APPIFINY ARISING FROM ANY APPLICATION OR SUBSCRIPTION TO OR USE OF ANY SERVICE OR BREACH OF THE TERMS AND CONDITIONS APPLICABLE TO IT.
• Nothing contained in this Indemnification clause will limit the Client’s liability in respect of charges incurred for ongoing Services.
• If the Consumer Protection Act 68 of 2008 is applicable to this Agreement, and any provision of this clause is found by a court or tribunal with jurisdiction over APPIFINY to be unfair, unreasonable or unjust, then that provision (whether it be a word, phrase or sub-clause) will be severed, and the remainder of these clauses will have full force and effect.

APPIFINY WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. APPIFINY MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. APPIFINY DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY APPIFINY AND ITS EMPLOYEES. APPIFINY RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF APPIFINY MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT CANCELATION.

• APPIFINY reserves the right to make changes to this Privacy Policy and or FUP, AUP, Terms and Conditions to update it from time to time. Where a major change is made, customers will be informed through a notice on our website. Customers and website visitors bear the responsibility to ensure that they have read the changes or updates as the case may be.
• If there are any questions regarding this privacy policy you may contact us using the information below: The website appifiny.co.za
• We may update our Privacy Policy from time to time. Thus, you are advised to review this page periodically for any changes. These changes are effective immediately after they are posted.

• These Services do not address anyone under the age of 13. We do not knowingly collect personally identifiable information from children under 13. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.
• APPIFINY will not enter into a service subscription contract with a minor unless such minor has explicit written consent from a parent or guardian to do so. APPIFINY undertakes not to contact minors about promotional offers or for marketing purposes without parental consent.
• APPIFINY prohibits Clients from using APPIFINY’s service to harm or attempt to harm a minor, including, but not limited to, by hosting, possessing, disseminating, distributing or transmitting material that is unlawful, including child pornography and cyber bullying.
• APPIFINY prohibits Clients from using APPIFINY’s service to host sexually explicit or pornographic material of any nature.

• APPIFINY follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.