Terms and Conditions – Digital Delivery

Welcome to DigitalDelivery.co.za, which is owned and operated by Media Host (Pty) Ltd. hereafter referred to in this document as the “Company,” “Our”, “We” and/or “Us”. By completing the registration process and\or using our digital delivery service, you accept these Terms of Service and you agree to be legally bound by all of the terms and conditions outlined in this Agreement. This Agreement may be amended at any time and we may also display the amended terms to you when you access your account, in which case such terms shall be effective when posted. Please read the Agreement carefully as it forms a legally binding contract between you and the Company.

Description of service

The Company provides an online web application service that facilitates the upload, transfer, and delivery of radio commercials to broadcasters and media owners. (collectively referred to as the “Service”). Data files refer to any computer files that a User uploads or downloads from our service. (collectively referred to as the “Files”).

Your Responsibilities

By signing up as a registered user you agree that you are over 18 years of age and are authorised to act on behalf of the business you represent. You also accept that the Company will charge the business you represent for the use of the service in accordance with the latest rate card published on the Company’s website.

You acknowledge and accept the responsibility of safeguarding your account information, including username and password, and agree not to disclose this information to any third party. You also agree to take full responsibility for any activity and charges associated with your account, whether it is to your knowledge or not. You agree to keep your account information current and accurate and to notify the Company immediately of any changes in account information or unauthorized use of your password or other account information. Furthermore, you agree to ensure proper logout after you are finished using the system.

You agree that you will abide by the audio file format specifications published on the Company’s website and that you will only upload files in the correct audio format. You accept that should your audio be uploaded in the incorrect format your material will not be delivered and you will be liable for the full delivery fee.

The Company reserves the right to intercept and monitor all Files sent using the Service to ensure that the audio quality meets with reasonable broadcast standards. You agree that should the Company decide that the audio you submitted is of poor quality or does not meet reasonable broadcast standards the Files will be rejected and you will be liable for the full delivery fee.

You accept that the Service provides an account and data storage space based on your selections and the fees that you have paid. Files will be stored for 24 hours from the date of upload unless you choose the archive service in which case files will be retained for a period no longer than 5 years.

You agree to pay all Services fees due to the Company within 30 days and you will not withhold any payment of any amount you owe the Company for the usage of the Service. Where applicable the Company will provide you with an invoice in electronic format. The Company reserves the right to amend or vary the Service fees and any amendment or variation of the service fees will be seen as an amendment of these Terms and Conditions.

The Company’s Service may not be used for any purpose that is unlawful or prohibited by the terms and conditions outlined in this Agreement. With respect to any content you send or store through your Account. Your content shall not infringe any third party’s intellectual property or publicity/privacy rights; violate any law or regulation; be defamatory, obscene, child pornographic or harmful to minors; or contain any viruses, Trojan horses, worms, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

You may not impose an unreasonable or disproportionately large load on our infrastructure or take any action to gain unauthorized access to any of the Company’s domains, services, user accounts, customer information, hardware, computer systems, servers or networks through hacking or by any other means. The Company will take all reasonable precautions necessary to prevent the violations of these provisions and to enforce all stipulations set forth in the Agreement. The Company reserves the right to remove any content that violates this Agreement or is otherwise objectionable.

The Company reserves the right to access and disclose your account information and/or transferred, shared and/or stored data files and/or data storage and transfer logs if required to do so by law or in a good faith belief that such actions are necessary.

By accepting these terms, you confirm that you are capable of entering into a binding agreement. You are responsible for paying any applicable fees, taxes and for any hardware, software, service and other costs you incur to access your Account. You shall comply with all laws and regulations applicable to the country you reside in.

Disclaimer of Warranties

You expressly understand and agree that:

Your use of the Company’s services are at your own risk. WE PROVIDE YOUR ACCOUNT AND OUR SERVICES “AS IS.” WE EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

We do not warrant or ensure timely, secure, error free or virus free delivery of content. You understand that our services may be unavailable for extended periods of time, and we do not warrant or ensure the continuous availability of our services. Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from The Company or through or from its domains and/or services shall create any warranty not expressly stated in the Agreement

Indemnification

Users agree to indemnify and hold harmless the Company and its subsidiaries, affiliates, employees, owners and partners to any loss, liability, expense and/or claim, including but not limited to reasonable attorney’s fees and costs, resulting from a claim by any third party for your misuse of the Company’s Service or any other actions undertaken by you that violate the terms of the Agreement or is in any way deemed unlawful.

While the Company has made every effort to secure and protect your Files and ensure that material is delivered to the correct destination in a timely fashion you acknowledge and agree to indemnify and hold harmless the Company and its subsidiaries, affiliates, employees, owners and partners to any loss, liability, expense and/or claim, including but not limited to reasonable attorney’s fees and costs, resulting from either data loss, network failure or security breach as a result of either malicious act or hardware failure or act of God. It is the User’s responsibility to ensure that there is a backup of their Files.

Limitation of Liability

IN NO EVENT SHALL OUR SUPPLIERS OR WE BE LIABLE FOR ANY LOST PROFITS, MISSED FLIGHTINGS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCOUNT, USAGE OF OUR SERVICE OR THIS AGREEMENT.

If you are dissatisfied with the Service, or refuse to abide by the Agreement, your sole and exclusive remedy is to discontinue your use. You further agree not to join in any lawsuit with another person or serve as a class representative of any class action lawsuit against the Company arising out of the use of the site.

Your right to use the Company’s websites and services is automatically terminated if you fail to pay your account, violate any of the Terms of Use within the Agreement or any other rules or guidelines put forth in connection with the Company.

If you have any additional questions regarding this agreement please direct your query to [email protected]