VIGO TERMS & CONDITIONSVIGO: General Terms and Conditions of use1.Definitions:-
means a synonym for your VIGO website.
: all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials uploaded, posted or stored in connection with your use of the Services.
1.3 “Commercial Products”
: means when one can sell and purchase goods and services through other sites hosted and/or designed by VIGO.
1.4 “Contract period”
either one (1) month or twelve (12) months.
: see clause 19.
: website url of the User/you for eg www.yourbusiness.co
1.7 “express written permission / notification / request”:
means notification via email to accounts@myVIGO.co
: include, but are not limited to, software, all information text, software documentation, design of and “look and feel”, layout, photographs, graphics, audio, video messages, interactive and instant messaging, design and functions, files, documents, images or other materials, whether publicly posted or privately transmitted as well as derivative works.
1.9 “Log-in information”:
means the information you type in to access your Site/account.
1.10 “payment service provider(s)”
: all payments will be processed through VIGO’s preferred and/or chosen third party payment service provider.
1.11 “partner channels”
: strategic third party business partners.
: means when your Site is linked to a live domain to make your Site available to the public.
: generalised and personal content, web hosting services, communications tools and forums, mobile applications and ecommerce tools and services directly and through the website and associated domain.
1.14 “Service Agreement”
refers to the options under “Pricing” on the Site, third party agreements and ad hoc promotions, which may vary from time to time.
1.15 “Subscription Fee(s)”
: means the monthly or annual payment for Services which may vary from time to time.
1.15 “the Site”:
1.16 “the User”
: means you as the User of VIGO’s services.
1.17 “trial period”
: means free service of VIGO’s Services and Materials until your Site/account is published.
1.18 “user ID”:
means “your username”.myVIGO.co – thus the log in details of your VIGO account.
1.19 “User information tracking”:
means the process of obtaining personal information in order to identify the user.
1.20 “your username”
: means the name you type in when wanting to log on to VIGO.
1.21 “your Site”:
means the www.yourbusiness.co.
refers to VIGO Brand Management (Pty) Ltd.2. Ownership
All Materials and Services available on the Site, and all Materials and Services provided by or through VIGO or its partner channels are owned by VIGO or other parties that have licensed their material or provided services to VIGO, and are protected by copyright, trademark, trade secret and other intellectual property laws. All VIGO trademarks and service marks, logos, slogans and taglines are the property of VIGO. All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on VIGO without our express written permission, or the express written permission of such third-party that may own the trademark, service mark, logo, slogan or tagline.3. Right of use by you
Subject to these terms and conditions, VIGO hereby grants you a limited, irrevocable, non-transferable and non-exclusive license to use the Materials through a user identification reference provided by VIGO (“User ID”) to the extent, and only to the extent, necessary to access and use the Services in accordance with the these terms and conditions. This license does not permit you, and you agree not to: store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Materials or otherwise distribute in any way the Materials other than as specifically permitted herein. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Materials, create derivative works based on or in any manner commercially exploit the Materials, in whole or in part, other than as expressly permitted for herein. Any use of the Materials for any purpose other than as specifically permitted herein or without VIGO’s prior express written permission or the prior express written permission of VIGO’s licensors, as applicable, is expressly prohibited. VIGO reserves all rights not expressly granted herein.
VIGO will provide you with one User ID for each account held by you, thereby permitting you access to the Materials on one computer at a time through the Site. You further agree (a) not to provide User ID(s) to anyone, and (b) to ensure all individuals permitted to use the User ID(s) are aware of and have agreed to comply with the these terms and conditions, failing which could result in limitation of VIGO’s ability to deliver Service.4. Information provided to VIGO
You are legally responsible for the Content of your site. VIGO is not responsible for your Content on your Site. You hereby grant VIGO a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Services and hereby represented and warrant that you have all the rights necessary to grant VIGO such license. You are responsible for the Content on your Site and acknowledge the fact that the Content may be lost or unrecoverable through your negligent use of the Services. You must archive and back-up your Content regularly and frequently as VIGO are not obliged to keep back-ups of your Site’s Contents.5. Access to alternative accounts and services
Some of our Services may require you to give VIGO access to or require you to provide login information and password information for accounts or services you may have with third party providers. When you provide this information to VIGO or give VIGO access to these third party accounts you agree that you have read all contracts and written agreements governing such access, login information and passwords and that you have all the necessary contractual and legal rights to give us such access, login information and passwords.6. Comments and Feedback
Any questions, comments, suggestions, ideas, feedback, or other information provided by you to VIGO are not
confidential and you hereby grant us a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such information as we deem appropriate, for any and all commercial and/or non-commercial purposes, in VIGO’s sole discretion.7. Monitoring your Materials
VIGO may, but is not obliged to, monitor Content on your Site or websites created using our Services. VIGO may disclose any information necessary or appropriate to satisfy our legal obligations, protect VIGO or its customers, or operate the Services properly. VIGO in its sole discretion, may refuse to post, remove, or require you to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of these terms and conditions.8. Copyright Complaint Policy
If you believe any Materials infringe your copyrighted works, you are required to provide express written notification of claimed copyright infringement to VIGO within seven (7) days of becoming aware of such infringement.9. Unconditional Warranties by you/the User
You/the User expressly warrants and agree to all of the following:
9.1 You are at least 18 years of age and that you have full legal capacity to sign up with VIGO and to agree to these terms and conditions.
9.2 that all information provided whilst setting up your account registration with VIGO is accurate and valid at all times.
9.3 that all registration information submitted are the truth and accurate.
9.4 You will not create an account for anyone other than yourself and will not transfer your account to anyone without first obtaining VIGO’s express written permission.
9.5 You will not use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or insider trading.
9.6 You will not use the Services or Materials to impersonate another person.
9.7 You will not imply or state, directly or indirectly, that you are affiliated with or endorsed by VIGO without our express written permission.
9.8 You may not send unsolicited messages (also known as junk mail or SPAM) to promote any website published on the Site.
9.9 You may not upload, post, email, transmit or otherwise make available or initiate any Content that contains software viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Services or the Materials or that may impact the ability of any VIGO user to access the Services.
9.10 You will not access the Services through automated methods. The Services may only be used or accessed through an electronic device through manual control at all times.
9.11 You may not upload individual files larger than 8MB.
9.12 You may not send messages using the Services which do not correctly identify the sender and you may not alter the attribution of origin in electronic mail messages or postings.
9.13 You will not share your login information, let anyone else access your account, or do anything that might jeopardize the security of your account. You will not attempt to or actually access the Services or Materials by any means other than through the interfaces provided by VIGO.
9.14 You will not attempt to or actually override any security component included in or underlying the Materials or Services.
9.15 You will not attempt or engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on VIGO’s infrastructure.
9.16 You will not publish, Content, or links to Content, that is:
9.16.1 Pornographic, sexually explicit, or violent.
9.16.2 Illegal (including stolen copyrighted material and material that infringes or has the potential to infringe the intellectual property rights of another).
9.16.3 Reasonably likely to cause harm, or that could be reasonably considered as slanderous or libellous.
9.16.4 Breaches another’s privacy.
VIGO may determine in its sole discretion whether or not an account is in violation of any of these terms and conditions. Violation of any of these terms and conditions may result in user information tracking with such information being stored to identify the offending user.
Offending users may be permanently restricted from holding an account or using the Services. If VIGO reasonably determines that your account is being used for illegal or fraudulent activity then your account may be immediately terminated and your financial data erased. VIGO must also report you to law enforcement officials in the appropriate jurisdictions.10. Selling through VIGO
10.1 You may not offer or sell illegal or potentially illegal Commercial Products, including those that are counterfeited, stolen or fraudulent. Commercial Products sold using the Services must comply with all applicable laws, including Commercial Products sold to individuals outside of South Africa. Items identified as “not for distribution within the South Africa” may not be sold using the Services.
10.2 You may not offer or sell Commercial Products that infringe or have the potential to infringe the intellectual property rights or proprietary rights of another.
10.3 You may not offer or sell any Commercial Products that we, in our discretion, determine are inappropriate, offensive, pornographic, sexually explicit or violent.
10.4 You may not offer or sell any Commercial Products that are manufactured as, or primarily intended to be used as, weapons, including firearms, restricted devices or ammunition. We reserve the right to determine, in our sole discretion, whether Commercial Products constitutes “weapons” for purposes of this Agreement.
10.5 You may not offer or sell any Commercial Products that infringe upon or have the potential to infringe upon an individual’s privacy or that may be libellous, slanderous or otherwise defamatory.
10.6 You may not use images or names of any third party (including notable personalities or celebrities) when offering or selling Commercial Products without first obtaining that third party’s written permission.
Without limiting anything else in this Agreement, VIGO may immediately remove Content related to the offer or sale of Commercial Products in violation of this Agreement. If you sell a Commercial Product using our Services, then you must, upon our request, (i) use commercially reasonable efforts to stop the delivery of the Commercial Products to the buyer, or (ii) pay a refund for such Commercial Products to the buyer.11. Cost of Services, Up/Downgrades & Refunds
11.1 VIGO offers Services at different monthly Subscription Fees depending on the type of Service Agreement entered into with VIGO.
11.2 You agree that VIGO may increase and/or decrease the monthly Subscription Fees offered for its Service and Materials from time to time, upon written notification to your email address as chosen in the application process.
11.3 You can also select to upgrade or downgrade your Service Agreement to any other Service Agreement that VIGO is currently offering for sale at any time during your Contract Period. You will need to contact VIGO via written notification
to activate the upgrade/downgrade of your Service Agreement.
11.4 Only Services and features clearly indicated as "free" or of "no charge" are free or without charge. It is not the responsibility of VIGO to provide free support for you in the use and operation of VIGO All other applications, features, functionality and support provided by VIGO and its partners are provided for the fees described for each service on the Site (“Fees”) and you are liable for such Fees.
11.5 If you registered for a trial period for the usage of the Services, the Services will remain free until you request to have your site published to the associated domain.
11.6 If you purchase any Services that VIGO offers, you agree to VIGO or our third party payment service providers, storing your payment card information. You expressly agree that we are authorized to charge you (i) a monthly Fee for any applicable Services billed on a monthly basis, (ii) any other Fees for Services you may purchase, and (iii) any applicable taxes in connection with your use of the Services to the payment card you provide and to reimburse us for all collection costs and interest for any overdue amounts. If the payment card you provide expires and you do not provide new payment card information or cancel your account, you authorise us to continue billing you and you agree to remain responsible for any uncollected Fees.
Subscription Fees are payable monthly or annually in advance. VIGO currently accepts monthly payments via debit order and credit card and EFT for annual subscriptions and ad-hoc services only.
11.8 VIGO accepts MasterCard and VISA Card.
11.9 Subscription Fees are payable as set out in the Service Agreement when activating the online debit order or credit card payment instruction. VIGO will only provide you with a monthly invoice on express written request only.
11.10 A processing fee of R50.00 (Incl. Vat) is charged on all returned debit orders and credit card transactions.
11.11 The merchant outlet country at the time of presenting payment options to the cardholder is the Republic of South Africa and the transaction currency is South African Rand (ZAR).
11.12 Invoices will be issued for annual Subscription Fees paid via EFT as well as ad-hoc services as and when these fees become due. Refer to the invoice presentation date ("Due Date") shown on all invoices received from VIGO. It will be your sole responsibility to ensure their payments are made using the correct beneficiary reference (i.e. invoice number) as indicated on all invoicing. Failure to comply may result in an incorrect allocation of the Account Holder payment, which may cause service disruption as a result of the account being suspended due to non-payment.
11.13 The cost of domain registrations are for your account and you will be invoiced accordingly.
11.14 The annual renewal costs of a singular primary .co.za or .com registration is included in your Subscription Fees.
11:15 You will be invoiced for any additional domain registrations and annual renewals linked to your account and you will be invoiced accordingly. A management fee of R25 per transaction is payable.