General terms and conditions

The use of services from TSD Group (Pty) Ltd constitutes agreement to these terms.

In this document:

TSD Group refers to TSD Group (Pty) Ltd, it’s directors, employees, suppliers, associates, additional domain names used for business, subsidiaries, sister companies and other business operations.

You/The customer refers to the client of TSD Group (Pty) Ltd and their directors, members, owners, employees, agents.

1) Support

We will endeavor to provide a continuous high quality service. If you experience problems with your service, you should consult our support team on support@tsd.co.za or by using the client area at www.tsd.co.za/client. 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:

  • Spamming
  • 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.
  • Offensive conduct / content.
  • Illegal or other unacceptable content as outlined in 18 hereof.

TSD Group does 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) TSD Group 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 TSD Group.

3) Correspondence

Customers are required to have a valid email address on file at all times. Details can be updated online at www.tsd.co.za/client. All communication from TSD Group will be done via email. When we send an email, it is deemed that delivery of the said email has reached the recipient. If in the the event that your email address on file does not work, you may use our support system at www.tsd.co.za/client where you can use your billing username and password to gain access to technical support.

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. TSD Group 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 anytime. We may 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 entitle 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 TSD Group.

6) High resource use policy

Resources are defined as bandwidth, processor utilization, memory, disk space, bandwidth and IO

TSD Group may implement the following policy to its sole discretion:

 

When an account is found to be adversely affecting the performance of a server, TSD Group reserves 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 TSD Group continues 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 prepay basis. Although TSD Group reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment: every 1, 3, 6 or 12 months 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 acceptance 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 R15 charged to the client – billed after the cash is deposited.

A credit balance on your billing account, will be automatically used to pay for unpaid invoices from oldest to newest. You also have the option of manually assigning credit to invoices within the billing system.

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 canceled 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’ 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 support@tsd.co.za 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 setup, 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 TSD Group 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 without prior approval from at least one director of TSD Group and, even then, such payment will attract extra banking and admin fees.

8) Domains

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 2l. registrant email. Domain names that are not renewed due to it’s 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 setup 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

TSD Group currently accepts 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 TSD Group unless the period of absence has been greater than one year. Customers will only be refunded for shared hosting fees. No other fees or payments will be refunded.

If we’ve included a domain name registration in the hosting plan for free, any refunds will be calculated as follows ; hosting plan fee paid, less the normal domain name registration cost (what it would have cost you if you had registered it through us separately).

12 ) Cancellation and refunds

TSD Group reserves 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 TSD Group 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 viewed online at www.tsd.co.za/client.

All account cancellations are processed within 30 minutes from the cancellation request. We do not 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.

13) Privacy Policy

We will not share your private (personally-identifiable) information or hosted data with any third party unless required to do so by a member of law enforcement authorities, or where we believe it would protect others from loss or harm.

We may need to give out your hosting login details to engineers at the respective data and support centers in order to support you further. Information sent via email will be used to support you for billing and hosting support requests by the respective engineers and agents.

TSD Group may contact you to obtain permission to market your website and other personally-identifiable information. Any agreement entered into by yourself with TSD Group, permitting us to use your information for marketing or other activities, will supercede this clause (13).

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.

15) Arbitration

If any issue needs to go to arbitration or legal assistance – this must be done within the city of TSD Group’s choice. Arbitration may only be done on an individual basis.

16) Indemnification

TSD Group reserves the right to refuse service and/or access to its servers to anyone. TSD Group reserves the right to move your domain to a different web server without previous notice. We will however make every effort to keep your sites uptime at 100% during this process.

TSD Group does not allow any of the following content to be stored on its servers:

  • Malware
  • 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.
  • Backups.
  • Spam, Phishing and any such illegal activities.
  • Illegal content – according to South African, UK 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.
  • Topsites
  • IRC Scripts and Bots of any kind unless it was explicitly permitted by management
  • Proxy scripts/anonymizers
  • Image hosting similar to Photobucket, Twitpic, Imageshack and others
  • AutoSurf/PTC/PTS/PPC sites
  • IP scanners
  • Bruteforce Programs/Scripts/Applications
  • 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
  • Lottery sites
  • MUDs/RPGs/PBBGs
  • 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 the unfettered discretion of TSD Group.

The customer agrees that it shall defend, indemnify, save and hold TSD Group harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against any of the afore mentioned, its agents, its 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 customer, its agents, employees or assigns. The customer agrees to defend, indemnify and hold harmless TSD Group 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 TSD Group; (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 from TSD Group.

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 weekly 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.

18) Disclaimer

TSD Group will not be responsible for any damages you or your business may suffer. TSD Group makes no warranties of any kind, expressed or implied for services we provide. TSD Group does back up your data/website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, TSD Group cannot guarantee their ability to replace lost data. TSD Group disclaims 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. TSD Group reserves the right to revise its policies and terms and conditions at any time.

TSD Group 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 TSD Group 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 TSD Group. 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 TSD Group.

20) 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 does 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 TeamViewer at our own discression.

By signing up for any of our services you agree to be bound by all TSD Group’s 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