End-User License Agreement (“Agreement”)
Our EULA was last updated on November 27, 2024.
Please read this End-User License Agreement carefully before clicking the “I Agree” button, subscribing to any of Our services, or by accessing or using Our Website Template hosted by 1Pager.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this End-User License Agreement:
- “Add-ons” refers to the Add-on services available as addition to Your Subscription.
- “Agreement” means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Website Template.
- “Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to 1Pager t/a Siya Business Solutions (Pty)Ltd.
- “Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
- “Country” refers to: South Africa
- “Device” means any device that can access the Website Template such as a computer, a cellphone or a digital tablet.
- “Domain” means the registered domain name chosen by You during the registration process for installation of the Website Template and email addresses.
- “Emails” refers to the emails chosen by You at registration for installation to your chosen Domain.
- “Fee” is the agreed upon rental Fee as per the services chosen by You at registration.
- “Subscription” is the Agreement over the term valid for the Fee.
- “Third-Party Services” means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Website Template.
- “Website Store” means the digital distribution service operated and developed by Siya Business Solutions (Pty)Ltd (1Pager.co.za) by which the Website Template has been subscribed to and accessed by your Device.
- “Website Template” means the hosted website solution provided by the Company accessed by You through the Website Template’s registered domain.
- “You” (referred to as “You” or “Your” in this Agreement) means the individual accessing or using the Website Template or the company, or other legal entity on behalf of which such individual is accessing or using the Website Template, as applicable.
Acknowledgment
By clicking the “I Agree” button, subscribing or using the Website Template, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the “I Agree” button, or do not use the Website Template.
This Agreement is between You and the Company only and not with the Website Store. Therefore, the Company is solely responsible for the Website Template and its content. Although the Website Store is not a party to this Agreement, it has the right to enforce it against You as a third-party beneficiary relating to your use of the Website Template.
The Website Template is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.
Services
Website Template
We agree to provide You with a designed website, the Website Template, for the Fee as selected by You during the registration process.
Domain
We will register a Domain for the Website Template. The Domain will be registered under the Company’s ownership with You listed as the administrative contact.
Emails
We will register the amount of Emails on the Domain required by the Subscription. Connection settings will be forwarded to Your registered email address.
Add-ons
Add-on services will be available either through the Website Store or through direct communication with the Company or any of its employees. All direct communication with the Company or its employees will only occur through emails registered to the official domain, 1pager.co.za (they will all include @1pager.co.za in the email address).
Add-ons will be provided on an “AS IS” and “AS AVAILABLE” basis. Add-ons may be either one-time payment services or be offered at an additional Fee added to Your Subscription.
You agree to the Company making the necessary adjustments to your Website Template.
Custom Development Services
The Company offers custom web development services which will be available upon request from the Website Store. These services are over and above the Fee for the Subscription.
Upgrading Subscriptions
You agree to the Company altering the Fee upon requesting an upgraded Subscription.
Domain Ownership and Transfer
Domain Ownership
The Domain remains the property of the Company throughout the term of this Agreement. Upon termination of this Agreement, regardless of the reason, the Domain will be deleted by Us.
Domain Transfer
You may choose to purchase the Domain from Us at a fee of R999.00. We will then transfer ownership of the Domain to You upon receipt of full payment. This transfer may happen at any time before or after termination of this Agreement but before the Domain renewal date.
License
Scope of License
The Company grants You a revocable, non-exclusive, non-transferable, limited license to access and use the Website Template strictly in accordance with the terms of this Agreement.
The license that is granted to You by the Company is solely for your personal, commercial or non-commercial purposes strictly in accordance with the terms of this Agreement.
License Restrictions
You agree not to, and You will not permit others to:
- License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Website Template or make the Website Template available to any third party.
- Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the Website Template.
Your Content and Responsibility
You are solely responsible for the Content displayed on Your Domain’s Website Template.
You warrant that Your Content displayed on the Website Template available on Your chosen Domain will not:
- Violate any South African law or regulation, including but not limited to the Electronic Communications and Transactions Act (ECT Act 25 of 2002), the Films and Publications Act (Act 62 of 1996), and the Consumer Protection Act (Act 68 of 2008).
- Infringe on any intellectual property right of a third party, including copyright and trademark.
- Be misleading, fraudulent, or deceptive.
- Contain illegal content, such as hate speech, pornography, or child exploitation.
- Promote or facilitate any unlawful activity.
The Company reserves the right to take down the Website Template if the Content violates any of the provisions in this Agreement. We will notify You of the violation and allow You to rectify the issue within a reasonable timeframe. If You should refuse content compliance, this Agreement will be terminated immediately and you will be liable for any remaining payments of the Fee owed to Us.
Content Modifications
You are responsible for modifying the displayed Content of the Website Template provided through Your Subscription.
The Company offers Build-Assistance Packages to assist You in completing Your Website Template. You may purchase these packages separately, either from the Website Store or by contacting Us directly.
You may purchase a once-off custom build or if You have minor changes to be done to the Website Template, You may contact support to make amendments. You will be quoted on amendments. Upon acceptance of changes and payments, the changes will be done to site.
Intellectual Property
The Website Template, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of the Company.
The Company shall not be obligated to indemnify or defend You with respect to any third party claim arising out of or relating to the Website Template. To the extent the Company is required to provide indemnification by applicable law, the Company, not the Website Store, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Website Template or your use of it infringes any third party intellectual property rights.
Modifications to the Website Template
The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Website Template or any service to which it connects, with or without notice and without liability to You.
Updates to the Website Template
The Company may from time to time provide enhancements or improvements to the features/functionality of the Website Template, which may include patches, bug fixes, updates, upgrades and other modifications.
Updates may modify or delete certain features and/or functionalities of the Website Template. You agree that the Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Website Template to You.
You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Website Template, and (ii) subject to the terms and conditions of this Agreement.
Security and Support
The Company implements advanced security features to protect the Website Template from malicious entities. However, You are solely responsible for maintaining the security of Your login credentials. We are not liable for any breach of security resulting from Your, or a member of Your team who have access to log-in credentials, negligence in password management.
Support for the Website Template is offered via email at help@1pager.co.za. Additionally, You may access self-help resources through the Website Store FAQ area.
Maintenance and Web Platform Updates
The Company does provide all maintenance and updates to the installed Web Platform for the installation and use of the Website Template. To the extent that any maintenance or support is required by applicable law, the Company, not the Website Store, shall be obligated to furnish any such maintenance or support.
Third-Party Services
The Website Template may display, include or make available third-party content (including data, information, Website Templates and other products services) or provide links to third-party websites or services.
You acknowledge and agree that the Company shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services.
You must comply with applicable Third parties’ Terms of agreement when using the Website Template. Third-party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties’ Terms and conditions.
Term and Termination
This Agreement shall remain in effect until terminated by You or the Company. In the event that termination is requested by You and a period of less than six (6) months has expired, You agree to repay the Company 50% of the remaining Subscription up until six (6) months.
Note on minimum length of subscription before termination: The Company takes on financial obligations on your behalf and six (6) months is necessary for recoupment of these funds.
The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. The Company may terminate this Agreement immediately upon Your failure to make any payment due of the Fee under this Agreement within three (3) days of written notice from the Company requesting payment.
This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by contacting 1Pager support in writing, either by registered mail or by email. Requests for termination must be made sixty (60) days in advance of required effective date.
Upon termination of this Agreement, You shall cease all use of the Website Template and delete all copies of the Website Template from your Device.
Termination of this Agreement will not limit any of the Company’s rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.
Payments, Suspension and Reconnection
Payments
You agree to pay the Fee in advance for the initial term and each subsequent renewal term. Payment can be made through the methods provided on the Website Store.
Failed Payments
In the event of a failed payment, the Company will notify You and provide a three (3) day grace period to make payment of the outstanding Fee.
Suspension of Service
Failure to make payment within the grace period will result in the suspension of the Website Template. Failure to comply with Content guidelines will result in the suspension of the Website Template. The Company reserves the right to suspend service to Your Website Template for any reason it deems as a breach in this Agreement.
Suspension of service includes suspension of email accounts.
Reconnection of Service
To reconnect service for the Website Template, You will be required to pay the outstanding balance and a reconnection fee of R199.00 in addition to the current month’s outstanding Fee.
Indemnification
You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Website Template; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
No Warranties
The Website Template is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Website Template, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Website Template will meet your requirements, achieve any intended results, be compatible or work with any other software, Website Templates, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Website Template, or the information, content, and materials or products included thereon; (ii) that the Website Template will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Website Template; or (iv) that the Website Template, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the Company, not the Website Store, shall be solely responsible for such warranty.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Website Template.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Website Template, third-party software and/or third-party hardware used with the Website Template, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
You expressly understand and agree that the Website Store, its subsidiaries and affiliates, and its licensors shall not be liable to You under any theory of liability for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by You, including any loss of data, whether or not the Website Store or its representatives have been advised of or should have been aware of the possibility of any such losses arising.
Severability and Waiver
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Product Claims
The Company does not make any warranties concerning the Website Template. To the extent You have any claim arising from or relating to your use of the Website Template, the Company, not the Website Store, is responsible for addressing any such claims, which may include, but not limited to: (i) any product liability claims; (ii) any claim that the Website Template fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection, or similar legislation.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Changes to this Agreement
The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company.
By continuing to access or use the Website Template after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Website Template.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and your use of the Website Template. Your use of the Website Template may also be subject to other local, state, national, or international laws.
Entire Agreement
The Agreement constitutes the entire agreement between You and the Company regarding your use of the Website Template and supersedes all prior and contemporaneous written or oral agreements between You and the Company.
You may be subject to additional terms and conditions that apply when You use or purchase other Company’s services, which the Company will provide to You at the time of such use or purchase.
Notices
Any notices required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given:
- When sent by email to the email address of the Company’s support, help@1pager.co.za, read receipt received.
Contact Us
If you have any questions about this Agreement, You can contact Us:
- By visiting any page of our website and clicking the “Contact” link on the menu.
- By sending us an email to our support helpline: help@1pager.co.za.