General terms and conditions
By using our website and/or signing up for any of our services you agree to be bound by ALL our terms and conditions.
We will endeavour to provide a continuous high-quality service. If you experience problems with your service, you should consult our support team on email@example.com. We may require suspension of some of our services for short scheduled periods to carry out maintenance or repair to our services. Information concerning scheduled downtime and unplanned downtime is available on our website
2) Service abuse and spam policy
We reserve the right to terminate your hosting account if it is found that the resources made available to you are being abused.
This includes, but is not limited to the following:
Sending unsolicited mail.
Providing file storage services.
Providing email services via your website be it newsletter sending or services like gmail.com and hotmail.com.
Scripting that utilises more than 20% of a server or node’s memory, storage, processing resource, I/O at any one time.
Hosted services that cause the general performance of our servers or nodes to degrade.
Illegal or other unacceptable content as outlined in 16 hereof.
We do not condone spam being sent from our servers – if it is found that a site is sending out spam emails regardless of how it is done (scripts, SMTP, contact form header injection etc) We will suspend the customers account until assured it will not continue. We may request that you get your own Ip address for outgoing mail if you or your account spams. This measure is in place to protect the integrity of our shared IPs and the mail of our other customers on the machines. Repeat offenders will be irreversibly terminated. Should you infringe this policy, you will be held liable for any costs incurred by us.
Customers are required to have a valid email address on file at all times. Details can be updated online by sending an email to firstname.lastname@example.org. All communication from us will be done via email. When we send an email, it is deemed that the delivery of the said email has reached the recipient. If in the event that your email address on file does not work, please contact us telephonically on +27 83 4315255. You may be required to verify that you are the account holder.
Requests for new orders or services for existing clients can be done over email to our email support team. You may be required to validate yourself as the account holder before the request is actioned. Only email from the valid billing email address will be taken as a valid request and actioned.
4) Reselling of Services
Customers may resell all of our services. Customers are directly responsible for all services they/we provide to their clients. We will not support your end-users directly. We are not liable to them or you for any damages they or you may suffer.
5) Contract Period
You may cancel your account with us at any time. We will require a cancellation notification period of 30 days. You will be billed for those additional 30 days. Customers will not be entitled to a refund of any prepaid amounts: Therefore if you cancel midway into your prepaid period, you will not be entitled to a refund for the unused portion that you paid/signed up for. Service termination will happen at the end of your billing term unless otherwise stated: provided all amounts owed to us are paid. If there is still an outstanding amount, the account will continue to be billed until the account is settled and the cancellation request is resent and accepted by us.
6) High resource use policy
Use of resources are the responsibility of the client. We will entertain requests to clean up email or files used by the client.
Resources are defined as bandwidth, processor utilisation, memory, disk space, bandwidth and IO
We may implement the following policy to our sole discretion:
When an account is found to be adversely affecting the performance of a server, We reserve the right to suspend or throttle that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers and to ensure that other users on the same server get a fair share of the hosting resources. Customers may be offered an option whereby We continue hosting the website for an additional fee.
Hosting resource limits per account/domain:
If your hosting account’s resources have recently upgraded on our product offering page, you must request that your resources match the new offering should they not match. Though every effort would be made to adjust old clients packages to match the new resource offerings, this cannot be guaranteed. No claims or refunds will be entertained due to this.
7) Payment policies
All accounts are set up on a pre-pay basis. Although we reserve the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment: every month, depending on the hosting plan you choose.
All payments are in South African Rands. Payment must be made no later than 7 days from date of invoice. Customers will automatically be charged again at the end of their prepay period unless a closure/cancellation notification has already been sent to us via email which must be confirmed and accepted via a return email from us.
It is the client’s responsibility to keep their account up-to-date and to pay all invoices within the stipulated payment period. It is also your responsibility to keep yourself informed of the amounts owing. The customer is responsible for all money owed on the account from the time it was established to the time the customer cancels the product from within the billing system.
Cash Deposits at the bank will attract a service fee of R50 charged to the client – billed after the cash is deposited. This amount may be adjusted at our sole discretion.
A credit balance on your billing account will be automatically used to pay for unpaid invoices from oldest to newest.
Suspension and removal of account(s) due to non-payment:
A service will be suspended if the invoice pertaining to the service is not paid on or before the due date of the invoice. A service will be cancelled and all relevant hosted data removed if the invoice pertaining to the service is not paid within 45 days of it being issued. This means that all the account’s data will be removed from our servers as well.
If one of your services with us is currently suspended because of non-payment, and you have corrected this by making full payment to your account (full payment is when you bring the account balance to zero or you’re in credit with us). Then you will need to email email@example.com in order to have the account unsuspended. If there is an amount owing on your account (unpaid invoices) for longer than 60 days, the account will be deemed inactive and the entire account and all services related to it will be removed from our systems. Data, hosting accounts, domains etc.
No bills or invoices will be sent by regular mail. All invoices will be sent directly to customers via email.
New orders will need to be paid for before they are set up, you may pay the relevant invoice via EFT (using the banking details on your invoice) or via our online credit card gateway; accessible via the online billing system. Payment will only be deemed to have been received by We when full payment displays in our bank account.
When making payments via EFT / Bank Transfer please ensure that your reference is either an invoice number or an active domain name on your billing account. Payments may not be allocated to your account, and hence services will be suspended or terminated. The onus is on the client, to correctly place your reference on your payment, and to check that the payment does indeed reflect on your account with us (allowing 2-4 days for any delays in the banking system and our account capturing the payment). Any payment that does not reflect should be followed up with the accounts department immediately via email to rectify the placement of the payment. No cheques will be accepted..
The client is welcome to register domains by themselves and have them hosted with us. If a domain is under our administration, we will issue an invoice for the registration and renewal of the domain. All domains registered by us are registered on behalf of the client and will be the property of the client provided their account is in good standing.
We reserve the right to 1) refuse the transferal of a domain or 2) delete the domain from the registrar should your account be in arrears and be deleted from our system.
An indication of a domain name being available during the order process is no guarantee that it will be secured for the client. As there is no guarantee that the domain checking script is accurate due to variations in DNS records, or the domain name may be registered by another party between the time of checking and our request going through to the registrar.
We will not vote for a transfer/update of a domain name (co.za in particular), this needs to be done by the registrant’s email. Domain names that are not renewed due to its corresponding renewal invoices not being paid by the renewal date, will fall into a redemption period. If the domain is then renewed, while in the redemption period, extra fees will be charged.
Please take note: Domains may not be renewed on the day of its invoice being paid – this is due to capturing/admin delays, therefore we send out renewal invoices/reminders before the domain expires or goes into a redemption period., this allows enough time to get the domain renewed.
Please ensure that you make payment for domain renewal 7 days before the domain is set to expire or go into redemption. Failing this; your domain may go into redemption. Which will incur additional fees to redeem. Additionally, the domain may be deleted and available for others to register.
9) Accounts on servers- Housekeeping
If an account is set up on a server, and the domain’s www A or MX record is not pointing to the server – we reserve the right to remove the account from the server.
10) Payment options
We currently accept the following payment methods:
Payfast and their accepted payment methods.
EFT / Bank Transfers.
11) Money back – trial period
For customers opening their first account the initial 7 days are available on a money-back trial basis. Customers will not be entitled to this benefit if they have previously had an account with us.. No other fees or payments will be refunded.
12 ) Cancellation and refunds
We reserve the right to cancel the service at any time. In this event, customers will be entitled to a pro-rata refund based upon the remaining period of membership. If a customer contravenes our terms of service, a refund will not be issued in the event of a cancellation.
Any abuse of our staff in any format or medium will result in the suspension or termination of your services. Customers may cancel their account at any time provided that their account is fully paid up. Your account balance can be obtained by sending an email to firstname.lastname@example.org.
All account cancellations are usually processed within 30 minutes from the cancellation request. We do not normally schedule cancellations, so please ensure that requests are sent on the day of intended termination. Once an account is cancelled or removed due to non-payment, all data pertaining to the account will be removed from our servers.
During the initial trial period, customers who wish to cancel will be entitled to a full refund for their hosting fees only, but will not be entitled to a refund for any additional services purchased. Any incentives offered to customers when opening the account will also be cancelled. Customers may be given the option to purchase services which were offered as start-up incentives in the result of a cancellation.
Fees charged on a prepay basis are non-refundable. Once the initial trial period has expired customers are not entitled to receive a refund. In addition, some accounts incur set-up fees. These charges are also non-refundable.
14) Customer checks, Credit Bureau
We may check your credit history on the credit bureau by using services like Transunion or Experian. The information obtained will be used to confirm your payment history, contact details and to see if your account is within the risk profile we are willing to accommodate / service.
If any issue needs to go to arbitration or legal assistance – this must be done within the city of our choice. Arbitration may only be done on an individual basis.
We reserve the right to refuse service and/or access to our servers to anyone. We reserve the right to move your domain to a different web server without previous notice. We will, however, make every effort to keep your site’s uptime at 100% during this process.
We do not allow any of the following content to be stored on our or our supplier’s servers:
Outdated scripts that have security holes
Explicit Adult material – includes all pornography, erotic images, or otherwise lewd or obscene content.
Excessive download content or non-linked content.
Spam, Phishing and any such illegal activities.
Illegal content – according to South African, UK , Australian or USA Federal, State or City law.
Copyright media which you do not own the copyright to.
Account usage for backup purposes
Sites with banners, graphics or CGI’s running from their domain being used on other domains.
Sites with immense graphic archives or galleries.
Sites offering immense download archives, such as .zip, .tar, .rar, .GZ and so on.
Sites running large chat room gatherings.
IRC Scripts and Bots of any kind unless it was explicitly permitted by management
Image hosting similar to Photobucket, Twitpic, Imageshack and others
Mail Bombers/Spam Scripts
Banner-Ad services (commercial banner ad rotation)
File Dump/Mirror similar to Rapidshare and others
Streaming with more than one or two streams
Escrow, Bank Debentures, Bank Debenture Trading programs and sites
Online Gambling Sites
High-Yield Interest Programs (HYIP) or related sites
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme and such)
Prime Banks Programs
Hacker focused sites/archives/programs
Sites promoting illegal activities
Forums and/or websites that distribute or link to warez/pirated/illegal content
Fraudulent Sites of any kind
Bulk mail systems – unless under one of our bulk mailer hosting accounts.
Sale of any controlled substance without prior proof of appropriate permit(s)
Refusal of service is entirely at our unfettered discretion.
The customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against any of the aforementioned, its agents, customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold to our or your customer, its agents, employees or assigns. The customer agrees to defend, indemnify and hold us harmless against liabilities arising out of; (1) any injury, financial loss, to person or property caused by any products sold or otherwise distributed in connection with us; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to the customer by us..
17) Backup Policy
Backups are kept for a period of 7 to 10 days. Once an account is terminated from our system, the backups are removed as well. We do a monthly snapshot of your website database and emails stored on the server. We keep one copy of your hosting accounts backup and do not provide an incremental backup service.
We advise all clients to make periodic backups (at least once a month or whenever updates are done to the website, database or mails). This can be done by downloading a copy of their website and data (files, DB and stored mail) to their local personal computer/device. cPanel provides a useful backup section which compresses your entire site databases and emails kept on the server, into one file for you to download. We advise this because it is very possible that due to system compromise, mistake or “act of God” that all data and backups might be lost and your copy will be the only one available. As unfortunate and unlikely as this would be, it is a possibility.
We will not be responsible for any damages you or your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We do back up your data/website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, We cannot guarantee their ability to replace lost data. We disclaim any warranty or merchantability or fitness for a particular purpose. This includes loss of any kind due to delays, non-deliveries, wrong delivery, and any and all service interruptions. We reserve the right to revise its policies and terms and conditions at any time.
We will not be responsible for any incidental, indirect, special, consequential or latent damages or losses arising from your agreement with us. This includes loss of profits, revenue, cost of time/work or labour, anticipated savings, business transactions, goodwill or other contracts. It is irrelevant if this is due to negligence, carelessness, or breach of contract.
18.1) Our total liability to you for direct damages will be a maximum amount of One month of your hosting fee (excluding add on products or domain registrations) or R2500; whichever is less. This clause will apply even if you advised us of the possibility of loss of damage prior to its occurrence.
19) Elegant Themes (Divi) Licence
The Divi Theme and all other themes, licences and services from Elegant Themes are under licence to We. We offer the use of themes and services as an added benefit to our customers when building their websites. Under no circumstances will a client be provided with the API key or other details pertaining to our licence with Elegant Themes. Additionally, clients cannot buy or rent the Divi Theme or any Elegant Themes products under said license from us.
20) Website Design
Our standard timeframe for completing a website design is 1 month from receiving all relevant information (text/copy, images, etc.) from the client unless otherwise agreed to in writing. The client undertakes to stick to this timeframe.
21) Scope of service
Our scope of service includes typical hosting features like storing of files, email and/or databases on our servers, registration and renewal of domains. No guarantee is made regarding fully stopping of incoming or outgoing spam or our server(s)’s reputation as a result of abuse of our servers, whether directly or indirectly.
Our services do NOT include any IT services, such as installing programs or general computer maintenance or assistance. We may from time to time deem it necessary to help a client set up their email account on a computer or device, usually through remote support services such as AnyDesk at our own discretion.
By signing up for any of our services you agree to be bound by ALL our terms and conditions.
Our terms and conditions may be updated from time to time, please be sure to keep updated by referring to this document regularly.
Document source: www.tsd.co.za/tac
Last Updated 23 May 2022 13:00