TERMS & CONDITIONS

Account Access and Security

Please note that during registration you are prompted to complete a form where your email address, phone number, physical address and ID number is requested. Giving details there that are not reachable to you can result in you locking yourself out of your profile.

Due to social engineering attacks where people on the internet may try to impersonate you, our team will not take any instruction for any profile changes when the request comes from any point of contact that is not on the profile of the account holder. Also no passwords will be given to anyone other than the account holder as that would be a security breach. This is noted in our terms and conditions and the onus of adding business contacts to your profile is on the account holder to ensure that there are no disputes or unhappiness regarding access to domains and/or data.

1) If your phone number changed you need to have access to your email address or remember the password to our client area to gain access to your profile.
2) If your email address changed you need to contact the WhatsApp support from the phone number on the profile to request an email address change.
3) If you have access to neither the phone number nor the email address, then you need to log a support request via our client area.
4) If you have neither the phone number, nor access to the email address, nor access to the profile of the account holder, then your very last hope would then be to do the following:

a) Supply a copy of your ID that matches the ID number supplied on the profile.
b) With proof of residence that matches the address on the profile of the account holder.
c) With a police affidavit stating that your email address (supply the address) is unreachable to you and needs to change to (supply the new address). Also note there that the phone number on your profile (supply the old number) is unreachable to you and the new number is (supply the new number).
d) Lastly the copy of at least one proof of payment to the bundle, and then we can update the profile with this document pack.

If you are unable to access any of these, then we do not know who you are and our security policy will then deny you access to the profile, as we have no means left to identify you or establish if you have any reason to access the profile.

Account holders can add contacts to their profile to enable additional people to get communication and access their profile on their behalf. You can also log a support request for an admin note to be added to your profile if you wish to request for a specific number or email address to be allowed to gain access to your profile. The request has to come from a point of contact on the profile. An external party can not request for contacts to be added to profiles. That is our security policy.

Company Information

These Services are provided by South African Data Systems, trading as OnDedicated Hosting.
Company Registration Number: K2018422117
VAT Number: 4490321736
Physical business address: [to be added]
Website: southafricandatasystems.co.za
General enquiries and account matters: via the Ticket Desk Support System in our client area.
Privacy and data protection enquiries: privacy@southafricandatasystems.co.za
Abuse and take-down notices: abuse@southafricandatasystems.co.za or via our client area.

By registering for or using our Services, you confirm that you are at least 18 years of age, or that you otherwise have the legal capacity to enter into this Agreement, and that you are authorised to act on behalf of any business or organisation you register an account for.

Acceptable Use Policy

In order to provide a professional service, we have set up a few guidelines for users of our service. Some of these guidelines may seem strict, but they ensure a safe, functional, and trusted environment for all our customers to publish their information on the Web.

Many of our competitors do not require their customers to comply with these guidelines. If any of our potential customers are unwilling or unable to comply with these guidelines, we respectfully invite them to visit one of our competitors.

Hosting Plans, Storage Limits and Changing Plans NEW

Our shared hosting Services are sold as fixed plans. Each plan gives you a set amount of disk storage, and every plan includes uncapped bandwidth subject to the Fair Use Policy below, together with SSL certificates, daily backups, the DirectAdmin control panel, and unlimited mailboxes, databases, FTP accounts, domains and subdomains within your storage allowance.

The prices below are the published prices at the time of writing and exclude VAT. VAT is added to your invoice at the end of each billing month. Prices may be reviewed in accordance with the Invoicing clause below; the current published price list on our website always takes precedence over this table.

Reaching your storage limit

Your storage usage is shown in your control panel and in your client area at all times, and it is your responsibility to monitor it. As you approach the limit of your plan we will, wherever reasonably possible, contact you so that you can either reduce your usage or move to a larger plan. Where an account reaches its storage limit, further uploads, database growth and incoming email delivery to that account may fail until usage is reduced or the plan is changed. We do not delete your files because you have reached your storage limit.

Changing plans

You may move up or down between plans at any time by logging a request in our client area. There is no charge for the change itself and no minimum term on any plan. Where a plan change takes effect part way through a billing month, the difference between the two plans is calculated pro rata to the day. A move to a smaller plan can only take effect once your actual usage fits inside the smaller plan.

If you need more than our largest plan

Our largest shared plan is 20GB. If you require more storage than that, or you require guaranteed dedicated resources, please contact us to discuss a custom arrangement. Such arrangements are subject to separate written agreement.

Accounts previously on metered billing

Accounts that were on our former metered pay-as-you-go billing are being moved to the nearest plan that accommodates their usage. We will notify affected account holders before the change takes effect.

Fair Use Policy (Uncapped Bandwidth)

Every hosting plan includes uncapped bandwidth. We do not meter, cap, throttle or invoice for the traffic your website serves. Instead, bandwidth is governed by this Fair Use Policy, which exists so that one account cannot affect performance for everyone else sharing the same server. The overwhelming majority of websites will never come close to a fair-use limit.

What this means in practice:

Uncapped bandwidth covers the traffic that is a normal, integral part of running your website or websites: visitors loading your pages, downloading your files, and sending and receiving your email. It is not a substitute for a content delivery network, a file-distribution service, third-party file mirroring, or the use of a hosting account as a general-purpose relay for traffic unrelated to your own sites.

The same principle applies to the disk storage included with your plan and to your mailboxes. Your storage covers the files, databases and email that make up your website or websites as normally used. It is not cloud backup storage, personal file archiving, or bulk email archiving unrelated to the day-to-day operation of your hosted site. If we find an account being used primarily as a storage, distribution or mail-archive service rather than for hosting an active website and its associated mailboxes, we will contact you and ask you to bring usage back in line with intended use.

We monitor accounts for usage significantly outside normal patterns for their plan. Where we believe an account is outside fair use, we will, wherever reasonably possible, contact you first and give you the opportunity to adjust usage or move to a more suitable plan before taking further action. In cases of severe or repeated abuse, or where continued use is actively degrading service for other customers, we reserve the right to restrict, throttle, or suspend the account, consistent with our general Right To Refuse Service and Service Availability clauses elsewhere in these Terms. We remain the sole arbiter of what constitutes fair use, applied reasonably and consistently.

Promotional Offers

From time to time we run promotional offers, made available through discount codes applied at checkout. Using a promotional code means you accept these general terms as well as any specific conditions stated for that offer on our website or in the applicable order process. We reserve the right to amend or withdraw any promotional offer at any time.

Domain Transfer Votes

Due to fraud and identity theft we no longer vote on domain transfers.

Invoicing and Credit on Your Profile

South African Data Systems reserves the right to review prices at any time and will communicate these price changes via newsletters, website posts and social media.
We will endeavour to ensure that when a price increase affects an existing service, notice is given a month before the service is due at the new rate.
Any amount paid above the due amount will go towards your credit on your profile.
You also have the option to add funds to your profile from the credit area.
Note that the billing system will automatically deduct credit on your profile when new invoices are raised.
Credit on your profile will also be automatically assigned to overdue invoices to settle them.
Services you have no need for must be cancelled before they are due.
Should you need any service to be terminated you should raise a support ticket before the billing system invoices you.
No refunds will be given for services automatically renewed out of credit; the onus is on you to terminate any services and/or products you no longer require.
If you have no services active and you still have credit on your profile you may raise a support ticket for remaining credit to be paid out to your bank account.

Web and FTP Site Content Policies

We do not allow any of the following content to be published on any of our servers:

° Content of a pornographic, sexually explicit, or adult nature.
° Content of an illegal nature (including copyrighted material).
° Scripting that utilises more than 20% of a server or node's memory, storage, processing resource or I/O at any one time will result in a warning and may lead to having your account suspended. This is to ensure that the response time of the server does not degrade in such a manner as to negatively affect anyone else using the same server.
° Hosted services that cause the general performance of our servers or nodes to degrade.
° Pirated software sites, hate sites, or content that could be reasonably considered as slanderous or libellous. South African Data Systems representatives will decide upon content that is questionable regarding any of the aforementioned criteria.
° Users posting any of the above content on their sites may have their Web and/or incoming anonymous FTP services temporarily suspended. They will then be contacted by South African Data Systems and given the opportunity to remove the content in question before having their services reinstated. A repeated offence may cause cancellation of service without refund of any fees.

Email Usage Policies

South African Data Systems does not support unsolicited or bulk email messages sent by users of our system (also known as junk email or SPAM).
Users sending unsolicited or bulk email messages from our system will have all of their services temporarily suspended.
They will then be contacted by South African Data Systems and informed of the suspension before having their services reinstated.
A repeated offence may cause cancellation of service without refund of any fees.
South African Data Systems does not allow any hosting account to give out free or paid email hosting on a public level.
Reseller accounts are exempt from this; however spam guidelines still apply. It is up to the reseller to monitor and control outgoing junk email and spam.

These accounts are provided solely for hosting your website or websites and associated email. They are not an email archiving, off-site backup, or general file storage service. We actively monitor usage across all accounts to ensure it remains consistent with this intended purpose, as set out in our Fair Use Policy.

Illegal Activities

Customers caught using our system for illegal activities, including but not limited to breaking into remote systems, credit card fraud, theft, phishing, scams, vandalism, threats, or violence, will have their accounts immediately cancelled without refund of any fees.

Right To Refuse Service

South African Data Systems reserves the right to refuse service to anyone for any reason.
We enforce this policy to ensure a professional environment for the users of our system.
This includes any programs, such as CGI programs, that are using excessive amounts of system resources.
Excessive amounts is defined as any amount that results in substantial degradation of server performance.
South African Data Systems is the sole determinant of what constitutes degraded server performance.
On some occasions, we allow heavy usage depending on the situation. However, additional fees may apply.
We do not condone the abuse of South African Data Systems personnel. If a customer reverts to verbal abuse of any nature we reserve the right to refuse service to that customer.
We reserve the right to terminate delivery of service at any stage, to a customer, for any reason relating to abuse and/or non-payment of invoices.

Privacy Policy (POPIA)

South African Data Systems is committed to protecting your personal information and processes it in accordance with the Protection of Personal Information Act, 2013 ("POPIA"). Our Information Officer can be contacted at privacy@southafricandatasystems.co.za for any privacy or data protection query, including the requests described below.

What we collect, and why

During registration we ask for your email address, phone number, physical address and ID number. We collect and use this information only for the following purposes:
° Your ID number is used solely to identify you as the account holder if you ever lose access to your profile, as described earlier on this page. We do not retain a copy of your ID document as part of normal registration. Only the ID number itself is stored, and it is deleted when you close your account with us (your right to erasure under POPIA).
° Your email address is used to send you invoices and account or service notifications.
° Your phone number is used to identify you as the account holder when you contact us via WhatsApp, and to send you invoice and account notifications by SMS.
° Your physical address is used where required for domain registration (see below) and, where relevant, to verify your identity.
We may also use cookies and/or IP addresses for the operation and security of our systems.

Account recovery documents

If you go through the account-recovery process described above, any supporting documents you submit (such as a copy of your ID, proof of residence, or a police affidavit) are sent to us by email for internal verification purposes only. They are not uploaded to our website or systems. These documents remain in the mailbox of the staff member handling your request until that mailbox is archived or cleared as part of our normal email housekeeping; they are not stored or used anywhere else. This mailbox is hosted on Microsoft 365.

Who your information is shared with

We do not sell, rent, or otherwise disclose your personal information to third parties for their own purposes. Your information is shared only in the following, limited circumstances:
° With the relevant domain registry, where you register a domain name. The information you enter is used to register the domain in your own name and will reflect on the domain's WHOIS record (see below).
° With our billing and client-area platform, which is coded and hosted in the European Union, strictly in order to operate your account, generate invoices and provide support This platform acts on our instruction and does not use your information for its own purposes.
° With our email provider (Microsoft 365), to the extent described above under Account recovery documents.
° Where we are compelled to do so by a court of law or other lawful authority.
Both the EU and Microsoft 365 are subject to data protection standards recognised as adequate for the purposes of cross-border transfers of personal information under POPIA.

Domain WHOIS information

Information you enter during registration will be used to register the domain in your own name, and will reflect on the domain's WHOIS information. On international domains you may opt to order ID Protection at an additional fee, which will hide certain fields on the domain WHOIS itself. Local (.co.za) domains do not have this option available and your information will reflect on the domain. You must provide honest and true information during your signup to ensure that domain ownership disputes do not occur in the event you entered false information.

Your rights

Under POPIA you have the right to request access to the personal information we hold about you, to request that it be corrected or deleted, to object to our processing of it, and to lodge a complaint with the Information Regulator (South Africa) if you believe we have not handled your information properly. You can exercise any of these rights by contacting our Information Officer at the address above.

Security

We take reasonable technical and organisational measures to keep your personal information secure. In the event of a security compromise that affects your personal information, we will notify the Information Regulator and you, as required by POPIA.

Terms of Service

Where the content states: "We" includes South African Data Systems or any party acting on South African Data Systems's implicit instructions.
"You" includes the person purchasing the services or any party acting on the customer's instructions.
"Member" includes the purchaser of services or any party acting on the purchaser's instructions.
"The Registrant" includes the person applying for a domain name or any party acting on the Registrant's instructions.
"The Registry" refers to the relevant domain names Registry.
"Server" means the computer server equipment in connection with the provision of the Services.
"Web Site" means the area on the Server allocated by us to you for use by you as a site on the Internet.
"Plan" means the fixed hosting package you have ordered, as described under Hosting Plans, Storage Limits and Changing Plans.
"Terms Of Service" includes this agreement.
South African Data Systems reserves the right to modify this policy at any time, effective immediately upon posting of the modification to this URL.
In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:

Website Suspension and Termination for Non-Payment

We do not charge a late fee for overdue invoices.
If an invoice remains unpaid 10 days after its due date, the associated website and/or service will be suspended.
If the overdue invoice relates to a domain registration, the invoice will be cancelled and the domain in question will remain unrenewed until such time that it becomes expired.
Invoices that relate to unpaid web hosting will have a grace period of 2 months from the due date before we terminate the website entirely.
There will be no restores done of the website in such time, as the onus is on the website owner to settle the unpaid account during the grace period while the website is suspended.
A suspended website will only be unsuspended when all overdue invoices have been paid in full.
If a user takes longer than 2 months to settle an account we will not be held accountable for data loss due to the website being terminated.
In the event that we are requested to do a restore of a terminated site we will charge an amount of R300 to restore the terminated website if it is still on our backup media. The restore will then only be done once the restore invoice has been paid.

Non-payment does not relieve you of the obligation to pay for Services provided, and we reserve the right to pursue legal action to recover any outstanding amount, in addition to suspending or terminating the Services.

1. Domain Name Registration and Updates

1.1 The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.

1.2 Domain registration is a separate Service from hosting and is billed separately, in advance, for the term applied by the relevant registry. You may host with us while your domain remains registered elsewhere, and you may transfer a domain to or away from us subject to the registry's own rules.

2. Web Site Hosting And Email

2.1 Web designers who host with us will at all times ensure that they scan themes, plugins and templates to ensure that they do not contain malware. Website designers are responsible for ensuring that their websites are hardened against exploits and breaches and will not under any circumstances hold South African Data Systems responsible for security holes left there by the designer and/or vendor. South African Data Systems will not be held responsible for code used by website designers and you will indemnify us from any issues that might cause, including but not limited to: code containing malware, code linking to external websites, or code that causes browser compatibility issues.

2.2 We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.

2.3 You shall effect and maintain adequate insurance coverage in respect of any loss or damage to data stored on the Server.

2.4 You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that:

2.4.1 you will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party; nor will you authorise or permit any other person to do so.
2.4.2 you will not post, link to or transmit:
(a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable as determined by South African Data Systems in any way.
(b) any material containing a virus or other hostile computer program.
(c) any material which constitutes, or encourages the commission of, a criminal offence, or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
2.4.3 you will not send bulk email, whether opt-in or otherwise, from our network. Nor will you promote a site hosted on our network using bulk email.
2.4.4 you will not employ programs which consume excessive system resources including, but not limited to, processor cycles and memory. We do not host IRC, IRC bots, or other server resource intensive programs.

2.4.5 The storage allowance on your Plan and the uncapped bandwidth included with it are provided subject to our Fair Use Policy. If you require guaranteed dedicated storage or bandwidth allocations beyond fair use for a legitimate purpose, you agree to discuss a suitable custom plan with us; such arrangements are subject to separate written agreement.

2.5.1 We reserve the right to remove any material which we deem inappropriate from your web site without notice. We do not host Warez, Underage Adult, Pornographic or MP3 content.

2.5.2 The storage included with every Plan is intended for hosting your website files and associated email or mailbox data only, as set out in our Fair Use Policy. It is not for cloud backups, mass mail archiving, or storing large files unrelated to your hosted website. We reserve the right to remove those files and suspend the account if you are found to be using the Service to store data outside of that intended purpose. Reaching the storage limit of your Plan through normal website and email use is not a breach of this clause; it simply means it is time to move to a larger Plan.

2.5.3 All Plans are intended solely for hosting the content of your website or websites and associated email, and are not a general-purpose storage, backup, distribution or archiving service of any kind. We actively monitor usage across all accounts on an ongoing basis to ensure it remains consistent with this intended purpose, and reserve the right to take the action described in this clause and in our Fair Use Policy where it does not.

2.6 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft, or unauthorised disclosure of your password or other security information.

2.7 You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.

2.8 Members utilising free hosting shall exclude themselves from promotions offered and afforded to paying Members.
2.8.1 Members utilising free hosting shall display a banner as supplied by South African Data Systems.

2.9 You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
2.9.1 Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A Member shall not use another site's mail server to relay mail without the express permission of the site.
2.9.2 It is contrary to South African Data Systems policy for Members to use our servers to effect or participate in any of the following activities: to post to any Usenet or other newsgroup, forum, email mailing list or other similar group or list, articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list; to send mass emailings, whether unsolicited, opt-in, or otherwise; to engage in any of the foregoing activities using the service of another provider, but channelling such activities through a South African Data Systems provided server, or using a South African Data Systems provided server as a mail drop for responses; to falsify user information provided to South African Data Systems or to other users of the service in connection with use of a South African Data Systems service.

2.9.2(a) Consequences of Violation: when South African Data Systems becomes aware of an alleged violation of its Acceptable Use Policy, South African Data Systems will initiate an investigation. During the investigation South African Data Systems may restrict the Member's access in order to prevent further possible unauthorised activity. Depending on the severity of the violation, South African Data Systems may, at its sole discretion, restrict, suspend, or terminate the Member's account and/or pursue other civil remedies. If such violation is a criminal offence, South African Data Systems will notify the appropriate law enforcement department of such violation.

2.9.2(b) You shall be held liable for any and all costs incurred by South African Data Systems as a result of your violation of these terms and conditions. This includes, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from, and the cleanup of, unsolicited commercial mailings and/or unauthorised bulk mailings and/or news server violations. South African Data Systems's current hourly rate for Postmaster responses to complaints and cleanup of unsolicited commercial mailings and/or unauthorised bulk mailings and/or news server violations is R1000 per hour, with a minimum one (1) hour charge, plus R10 for each bulk-email or Usenet message sent, plus R10 per complaint received. Server maintenance fees are R850 per hour.

2.9.3 South African Data Systems does not issue service credits for any outages incurred through service disablement resulting from Policy violations.

2.10 Any access to other networks connected to South African Data Systems must comply with the rules appropriate for those other networks.

2.11 While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.

2.12 You may cancel the Services at any time by logging into the Ticket Desk Support System (for verification) and requesting cancellation of services.

3. Service Availability

3.1 We will make the Server and Services available to you at all times to the best of our efforts. However, we are not liable for interruptions or downtime of the Server.

3.2 We hereby assert our prerogative to temporarily or permanently cease provision of services without prior notification. This action may be taken in conformity with requisitions such as DMCA requests, non-remittance of service fees, instances of server abuse, and other issues not explicitly delineated herein.

3.3 Customers, resellers, or sub-clients must handle backups for their sites.

3.4 We may deny services or hosting without liability and do not provide compensation for network or server uptime.

3.5 The services and your account are non-transferable and exclusive to you. Only one login session per account is permitted simultaneously. Multiple accounts are restricted to one login session each. Any account transfer or activity violating these terms may lead to account cancellation and immediate termination of services and the agreement.

3.6 Uncapped bandwidth is provided on every Plan subject to our Fair Use Policy, and the disk storage on each Plan is provided for hosting your website and its email. We shall to the best of our ability ensure that there is at all times enough capacity available within reasonable time. A user may not abuse the Service by uploading or transferring excessive amounts of data unrelated to hosting a website and its email, which will result in immediate cancellation of that user's account without refund.

3.7 We reserve the right to limit usage of the processor, memory, I/O and storage per user to such an extent as to avoid one person causing server degradation for everyone else on the server.

3.8 Website backups are provided on a best-effort basis. If restoration from our backups is not possible, customers are expected to rely on their own website backups. We disclaim responsibility for any data loss or potential decline in website traffic if customers cannot recover from their own backups. Customers are urged to regularly back up their websites for emergency purposes.

3.9 For a site with ongoing database backup needs, customers should implement monitoring mechanisms to track data, sales, and other activities on database tables. This ensures the ability to address potential data loss in the event of a server outage, requiring restoration to a date preceding database changes, sales, or other traffic lost during the downtime.

4. Payment

4.1 All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site. Hosting is charged as a fixed monthly fee for the Plan you have ordered, as listed under Hosting Plans. All published prices exclude VAT, which is added to your invoice. Where you change Plan part way through a billing month, the difference is calculated pro rata to the day. We reserve the right to change pricing at any time in accordance with the Invoicing clause above, although pricing already invoiced and paid is not affected retroactively.

4.2 Our hosting Services are provided on a month-to-month basis, with no fixed minimum term or lock-in period, and payment is due each month until closure notice is given. Domain name registrations are billed annually in accordance with the applicable registry's term. If you choose to pay by credit or debit card you authorise South African Data Systems to debit your account renewal fees from your card.

4.3 All payments must be in South African Rand.

4.4 If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of R450.

4.5 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.

5. Termination and Refunds

5.1 If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.

5.2 If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.

5.3 If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver, or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.

5.4 No refunds will be made for Services suspended in accordance with 5.1, 5.2 and 5.3.

5.5 We reserve the right to suspend the Services and/or terminate this Agreement at any time. In the event of this you will be entitled to a pro rata refund based upon the remaining period of membership.

5.6 You may cancel the Services at any time by logging into the Ticket Desk Support System (for verification) and requesting cancellation of services.

5.8 Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card.

5.9 On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it.

6. Indemnity

6.1 You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs and expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequence of your breach or non-observance of this Agreement.

6.2 You shall not hold us responsible for any data loss whatsoever.

6.3 You agree that you will make your own backups of your website, for use in the event that ours fail to be of use.

6.4 You indemnify us from any data loss or costs that may arise from downtime, service outage, data breaches or any other event that may lead to loss of income due to our services being unavailable.

7. Limitation Of Liability

7.1 All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose, are hereby excluded, subject always to the sub-clauses below.

7.2 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.

7.3 Our total aggregate liability to you for any claim in contract, delict, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.

7.4 In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.

7.5 In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

7.6 You are responsible for monitoring the disk usage of your site against the storage allowance of your Plan, and for using bandwidth in line with our Fair Use Policy. Both are easily checked from your Control Panel and your client area.

7.7 The onus is on the registrant to be aware at all times of the exact date of domain expiration by means of a domain WHOIS lookup, and in the event that the domain expires due to non-payment of domain renewal, shall not hold us liable for any loss of income or any other consequences caused by the domain's expiration. The purpose of this clause is to ensure that registrants take responsibility for their domains, to ensure that they know when they expire and that they are renewed before such time.

8. Notices

8.1 Any notice to be given by either party to the other may be sent by either email, WhatsApp or recorded delivery to the address or phone number of the other party as appearing in this Agreement or ancillary application forms, or such other address as such party may from time to time have communicated to the other in writing. If sent by email it shall, unless the contrary is proved, be deemed to be received on the day it was sent; if sent by fax it shall be deemed to be served on receipt of an error-free transmission report; if sent by recorded delivery it shall be deemed to be served two days following the date of posting.

Invoices will be sent 16 days prior to the due date, after which overdue notices will be sent 2, 4 and 6 days after the due date if payment has not been received. No late fee is charged. If the invoice remains unpaid 10 days after the due date, the Services will be suspended in accordance with the Website Suspension and Termination for Non-Payment clause above.

9. Support

9.1 On our site you will find links to all the information to get your web site up and running. All information pertaining to your account should have been included in the Welcome Letter you received when we created your account. If you did not receive a welcome letter email, please contact our Support Team. There are several reasons an email may not reach you; first and foremost is if the domain you have contracted services for is the same domain your welcome email was sent to.

9.2 The support feature of our service at present consists of our Support System solving server related problems only.

9.2.1 Our standard web hosting and reseller packages do not include web design support. If you require support for your web design, there are several online tutorials available and we can help you find them. You may purchase our web designers' services at the rate of R650 per hour, with one hour minimum billed. Website coding work done is final and any work required after the final draft is accepted will be charged for.

9.3 Support can only be addressed in English through our Support System.

9.4 All support requests are to be processed through our Support System. Any other request for support, except as noted in clause 9.5, will be considered a breach of our Terms Of Service.

9.5 In the event of a server outage or other such emergency, you are free to contact us in any manner.

9.6 Clause 9.7 will come into effect in extreme cases when staff are limited and/or there are connectivity problems preventing our support engineers from timely response below 24 hours.

9.7 Our support agreement with our customers is to respond to all queries within 72 hours or less. The customer will have the right to receive credit on their account in the event that we respond after 72 hours and the customer has attempted to contact support on several different occasions for the same ticket.

10. Law

10.1 This Agreement shall be governed by and construed in accordance with South African law. You hereby submit to the non-exclusive jurisdiction of the South African courts.

10.2 Where you register or use an international generic top-level domain name (such as .com, .net, .org and similar), that registration is additionally subject to the policies of the relevant domain name registry and to ICANN's policies, including the Uniform Domain-Name Dispute-Resolution Policy (UDRP). You are responsible for complying with those policies independently of this Agreement and of South African law.

11. Headings

11.1 Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

12. Torturous Conduct

12.1 No one shall post defamatory, scandalous, or private information about a person without their consent, intentionally inflict emotional distress, or violate trademarks, copyrights, or other intellectual property rights.

12.2 Any abuse towards any South African Data Systems employee will not be tolerated. You are expected to request and respond to support and other issues in a professional manner. When emailing South African Data Systems or utilising the Ticket Desk Support System, refrain from using caps, exclamation points, and other forms of written yelling. Any cursing, yelling, or further intentional disruptive behaviour aimed at South African Data Systems or its employees shall be considered a violation of these terms and conditions of service.

12.3 Any threat, whether verbal, oral, written, or delivered by second parties, directed towards South African Data Systems or any of its employees, partners, equipment, and concerns shall be construed as a violation of these terms and conditions of service.

12.4 Any conduct viewed as violating this section shall be considered a violation of these terms and conditions of service. South African Data Systems will be the sole arbitrator in regard to what is deemed a violation.

12.5 No refunds shall be given when the contents of this section necessitate removal of the account.

13. Cancellation of Services

13.1 You may cancel the Services at any time by logging into the Ticket Desk Support System (for verification) and requesting cancellation of services. Cancellation takes effect on the date we process your request, and any refund due is dealt with under clause 5.7 above.

14. Entire Agreement

14.1 These terms and conditions, together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.

14.2 South African Data Systems reserves the right to amend these Terms Of Service at any time.

14.3 It is your responsibility to check these Terms of Service on occasion for any such amendments.

15. Reseller Terms And Conditions

Resellers will not register domains under their own name for domains they do not own. Resellers will register domains in the name of the person or persons paying for the domain. Registering a domain in your own name if you do not legally own the domain is theft. On the client area, you will note the option to create contacts. Resellers will add a customer as a contact and then register the domain using that contact. Resellers are welcome to log a support ticket if they need assistance with this. Resellers not complying with this rule will have their accounts suspended until this is corrected. Customers finding that their resellers are not complying with this condition are welcome to open a support ticket with us to log an abuse complaint. If we find a reseller guilty of registering a domain in their own name, their account will be suspended and they will need to correct the domain registry information before suspension will be lifted.

16. Force Majeure

16.1 Neither party shall be liable for any failure or delay in performing its obligations under this Agreement to the extent that such failure or delay is caused by circumstances beyond that party's reasonable control, including but not limited to load shedding or other electricity supply interruptions, failure or unavailability of upstream network, fibre or internet infrastructure providers, natural disasters, fire, flood, civil unrest, act of government, or other similar events.

16.2 Where such an event continues for a prolonged period, either party may, on written notice to the other, suspend the affected Services or this Agreement for the duration of the event, without either party being liable to the other for that suspension.

17. Severability

17.1 If any provision of this Agreement is found by a court or other competent authority to be invalid, unlawful or unenforceable, that provision shall be deemed deleted or modified to the minimum extent necessary to make it valid, lawful and enforceable, and the remaining provisions of this Agreement shall continue in full force and effect.

18. Assignment

18.1 We may assign, transfer, or subcontract our rights and obligations under this Agreement, in whole or in part, including in connection with a sale, merger, or restructuring of our business, without your consent, provided that the level of Service to you is not materially diminished as a result.

18.2 You may not assign, transfer, or subcontract your rights and obligations under this Agreement, in whole or in part, without our prior written consent.