Acknowledgement & Acceptance of Agreement
According to this Agreement, Advertiser submits business Listing(s) and/or link(s) to, its web site(s) for inclusion on SA Home Based web site. The terms and conditions applicable are set forth below.
Basic inclusion of a website title, description and URL (‘Business Listing’) on SA Home Based site are sold on an inclusion basis for a one time, non-refundable fee and a Monthly renewal fee. SA Home Based may, in its sole discretion, change the Monthly renewal fee at any time.
Following submission by Advertiser of a Business Listing submission form, SA Home Based will review the Business Listing entry containing the information submitted by Advertiser regarding its website/details, to determine whether Advertiser’s Business Listing entry and applicable web site are eligible for inclusion in Link On Directory Within five (5) business days from the date the Business Listing submission form is received by SA Home Based, SA Home Based will review Advertiser’s Business Listing entry inclusion to determine whether it is eligible for inclusion on SA Home Based.
Notification of Changes
SA Home Based may, at any time in its sole discretion, change the terms of this Agreement. Modifications may include, without limitation, increases to the Monthly fees charged for the Listing Services. Whenever SA Home Based changes this Agreement, it will post those changes to its Web Site and will update the ‘Last Updated’ date at the top of this Agreement. The revised terms will become effective on the date SA Home Based posts such changes to its Web Site, except Monthly fee increases, will become effective at the time your Monthly Agreement renews. You should check this Agreement regularly to ensure you are updated as to any changes. Without limiting the foregoing, if SA Home Based determines in its sole discretion that the modification is material, it will notify you electronically via the email address associated with each account. If any modification to this Agreement is not acceptable to you, your only remedy is to notify SA Home-Based of your election not to renew your Agreement, as provided in Section 3 below.
Term of Agreement
SA Home Based may, at any time in its sole discretion, with or without cause, terminate this Agreement and/or cancel any listings or links submitted under this Agreement.
Service Fees and Payment Terms
Advertiser agrees to pay all applicable charges under this Agreement, including any applicable taxes or charges imposed by any government entity. If Advertiser disputes any charge made under this Agreement, Advertiser must notify SA Home Based in writing within seven (7) days after any such charge; failure to so notify SA Home Based shall result in the waiver by Advertiser of any claim relating to any such disputed charge. Charges shall be calculated solely based on records maintained by SA Home Based. No other measurements or statistics of any kind shall be accepted by SA Home Based or have any effect under this Agreement.
Fees: Advertiser agrees to pay all applicable charges under this Agreement, including any applicable taxes or charges imposed by any government entity. If Advertiser disputes any charge made under this Agreement, Advertiser must notify SA Home Based by sending a detailed notice of the dispute to SA Home Based via email at: email@example.com within three (3) days of the charge; failure to so notify Link On Advertising shall result in the waiver by Advertiser of any claim relating to any such disputed charge. Charges shall be calculated solely based on records maintained by SA Home Based. No other measurements or statistics of any kind shall be accepted by Link On advertising or have any effect under this Agreement. All payments made under this Agreement are non-refundable.
Disputes: If Advertiser has any questions or objections regarding charges, it must promptly (within 3 days from invoice) notify SA Home Based in writing (including electronic mail) and make a reasonable and good faith effort to resolve its objection. Such notice must identify the amount in dispute and must provide in reasonable detail the basis for disagreement with any charges. If (a) Advertiser fails to comply with these requirements BEFORE filing a dispute with the credit card processing company, or (b) advertiser files a dispute with the credit card processing company that is not in good faith, Advertiser will be in material breach of this Agreement and SA Home Based will be entitled to liquidated damages calculated as follows in addition to any equitable remedies available to it. Liquidated damages may include but not be limited to: all fees accrued up to the termination of this Agreement, plus attorney fees and costs, plus late fees on the foregoing at the legal rate of interest. For purposes of this paragraph, disputing payment because of inability to pay or because Advertiser failed to submit a proper notice of non-renewal by the applicable date shall not be considered to be a good faith dispute.
Payment Method: SA Home Based, Only Accepts EFT Payments.
Editorial Standards and Requirements
Advertiser’s Listing entries are written by SA Home Based, or written by Advertiser subject to Sa Home Based approval. Advertiser agrees to be bound by and follow the SA Home Based editorial standards as described in SA Home-Based Editorial Guidelines. Advertiser’s submissions to the SA Home Based site will be subject to SA Home Based editorial review, modification and/or removal in Link on Advertising sole discretion. SA Home Based reserves the right, but not the obligation, to review Advertiser submissions.
ADVERTISER REPRESENTS AND WARRANTS THAT ITS LISTINGS, LINKS AND SUBMISSIONS TO THE LINK ON ADVERTISING SITE DO NOT, AND WILL NOT INCLUDE CONTENT, OR LINKS TO CONTENT, WHICH MAY RESULT IN A CLAIM AGAINST, OR CIVIL OR CRIMINAL LIABILITY TO, LINK ON ADVERTISING OR THAT OTHERWISE VIOLATES APPLICABLE LAW OR THE TERMS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CONTENT THAT IS FRAUDULENT, DECEPTIVE, LIBELOUS, DEFAMATORY, OBSCENE, PORNOGRAPHIC, ADULT-THEMED, INFRINGING OR THAT VIOLATES THE PRIVACY, PUBLICITY OR ANY OTHER RIGHT(S) OF A THIRD PARTY.
ADVERTISER HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS LINKED ON ADVERTISING AND ITS AFFILIATES AND PARTNERS, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, SHAREHOLDERS, AGENTS, LICENSEES AND EMPLOYEES, FROM AND AGAINST ALL THIRD-PARTY CLAIMS, ACTIONS, LIABILITIES, LOSSES, EXPENSES, DAMAGES, AND COSTS INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES (COLLECTIVELY, ‘LOSSES’) THAT MAY AT ANY TIME BE INCURRED AS A RESULT OF ANY THIRD PARTY CLAIMS, SUITS OR PROCEEDINGS: (A) ARISING OUT OF ANY BREACH BY ADVERTISER OF ANY DUTY, REPRESENTATION OR WARRANTY UNDER THIS AGREEMENT; OR (B) ARISING FROM THE CONTENT OR SUBJECT MATTER OF ANY ADVERTISER LISTING, LINK, SUBMISSION OR CONTENT OF SITES TO WHICH VISITORS CAN LINK THROUGH ADVERTISER’S LINKS OR LISTINGS. LINK ON ADVERTISING RETAINS COMPLETE EDITORIAL DISCRETION CONCERNING ALL LISTINGS AND LINKS, INCLUDING, WITHOUT LIMITATION, REGARDING THE SELECTION, PLACEMENT, KEYWORDS, TITLE, DESCRIPTIONS AND MULTI LINKS.
SA Home Based endeavours to protect the security of Advertiser’s information during transmission by using Secure Sockets Layer (‘SSL’) You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and Advertiser agrees to accept full responsibility for all activities conducted using Advertiser’s account on SA Home Based.
In connection with the Listing program, the Advertiser is required to submit registration information. Link on Advertising may use such information to contact Advertiser regarding its listings and links. SA Home Based may disclose such information to its third-party vendors and service providers in connection with conducting its business and providing and maintaining its site, and, in addition, in the good faith belief that such disclosure is reasonably necessary to (a) comply with the law or legal process; (b) enforce this Agreement; or (c) protect the rights or interests of SA Home Based, its affiliates or related parties. Notwithstanding anything to the contrary herein, SA Home Based may transfer, sell or assign such information to third parties as a result of a merger, consolidation or combination of SA Home Based with another entity.
Advertiser hereby grants to SA Home-Based a worldwide, limited, non-exclusive, non-transferable, royalty-free license to (i) reproduce, distribute, transmit, display, perform, download, cache, store on its servers, and otherwise use Advertiser’s listings and submissions, and any portion thereof, including, without limitation, the trademarks, trade names, service marks and logos set forth therein, or as otherwise specified in writing by Advertiser (collectively the ‘Advertiser Marks’), for purposes of providing the services covered by this Agreement; and (ii) incorporate in SA Home Based sites links provided by Advertiser as part of its listings and submissions.
NEITHER SA HOME-BASED NOR ITS SUPPLIERS OR VENDORS MAKE ANY WARRANTIES (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT), GUARANTEES, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS OR OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN OR OTHERWISE. LINK ON DVERTISING’S OBLIGATIONS UNDER THIS AGREEMENT ARE SUBJECT TO DELAYS CAUSED BY WAR, TERRORISM, ACT OF GOD, EMBARGOES, OR ANY OTHER CIRCUMSTANCES BEYOND LINK ON ADVERTISING’S REASONABLE CONTROL. ADVERTISER ACKNOWLEDGES THAT SA HOME BASED’S SITE IS OPERATED ON AN ‘AS IS, ‘AS AVAILABLE BASIS AND THAT NEITHER SA HOME-BASED NOR ITS SUPPLIERS OR VENDORS MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER REGARDING THE PLACEMENT OF LISTINGS OR LINKS OR THE PERFORMANCE OR SECURITY OF ITS WEB SITE OR SERVICES.
Limitation of Liability
IN NO EVENT SHALL SA HOME-BASED OR ANY OF ITS SUPPLIERS, VENDORS OR AFFILIATES BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOST OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE AND REGARDLESS OF THE CAUSE OF ACTION UPON WHICH ANY SUCH CLAIM IS BASED. IN NO EVENT SHALL LINK ON ADVERTISING LIABILITY FOR ANY REASON WHATSOEVER EXCEED THE FEES PAID TO SA HOME-BASED BY ADVERTISER UNDER THIS AGREEMENT DURING THE SIX MONTHS BEFORE THE TIME THE APPLICABLE CLAIM ACCRUED.
In no event shall Advertiser collect, or cause or permit the collection of, any Personal Information (as defined below) from users of SA Home Based site while such users are browsing or viewing SA Home Based sites, or place any file or code, including cookies, on the personal computers of users of SA Home Based sites while such users are browsing or viewing Link on Advertising sites. SA Home Based privacy policies shall apply to users of SA Home Based’s Web Site while users are browsing or viewing Link on Advertising’s site, and Advertiser shall comply with same. SA Home Based shall own all information relating to user access to SA Home Based site, including, but not limited to, all Personal Information, demographics and usage information gathered therefrom. ‘Personal Information’ includes an individual’s name, address, e-mail address, or any other contact or personal information about an individual or from which the personal information about an individual can be derived.
Reservation of Rights
Advertiser agrees that SA Home Based retains all right, title and interest in and to SA Home Based’s technology, services and other intellectual property rights. Advertiser agrees that it will not reproduce, distribute, alter, modify, copy, edit, format, create derivative works of or otherwise use any materials, content or technology provided by SA Home Based, except as explicitly provided herein or approved in advance in writing by SA Home Based
SA Home Based reserves the right, in its sole discretion, to (i) remove Advertiser’s Listing and/or cancel Advertiser’s account for any reason or no reason; (ii) change the fees for Listing; (iii) change the procedures or rules for obtaining or maintaining a Listing; (iv) alter the content or other aspect of any Listing; and (v) discontinue Listing and/or the SA Home Based Directory or website. Payment of Advertiser’s fee will not guarantee that Advertiser’s listing(s), link(s) and/or account will remain on the SA Home Based Directory or website if Advertiser or Advertiser’s listing is deemed to be in violation of any term or condition of this Agreement. Upon any termination or expiration of this Agreement, Advertiser shall promptly pay Link on Advertising all money due hereunder.
Receipt times of all submissions, notices and other correspondences and transactions via the SA Home Based site are measured based on receipt by SA Home Based servers. This Agreement: (a) shall be governed by and construed in accordance with, the laws of South Africa, without giving effect to principles of conflicts of law; (b) constitutes the complete and entire expression of the agreement between the parties with respect to the subject matter hereof; and (c) shall supersede any and all other agreements, whether written or oral, between the parties, including, without limitation, any print, online and electronic promotional materials. All waivers hereunder by SA Home Based must be expressly made in writing. Should any provision of this contract be held to be void, invalid, or inoperative, such provision shall be modified to reflect the fullest enforceable intent of the parties, or if such modification is not possible, severed, and the remaining provisions of this contract shall not be affected and shall continue in full force and effect.