This Agreement represents the Terms & Conditions which apply between the Client & Ndiyahosta (Pty) Ltd in relation to the provision of Web Hosting Services ( hereafter referred to as the Service).
By registering for the Service you are acknowledging these terms & conditions & agree to be bound by them.
2. OUR RESPONSIBILITIES
Ndiyahosta (Pty) Ltd is responsible for providing the Client with the following:
- E-Mail Facility
- Technical Support to Registered Users vial Email for Valid Enquries
3. EXCLUSIONS FROM THE SERVICE
The following are specifically excluded from the Service:
- The cost of Domain name registration is specifically excluded from the cost of the Service;
- Advice or support for Invalid Enquiries;
- Any access by Ndiyahosta (Pty) Ltd Staff to the Customer’s Webspace via FTP or other electronic means unless with prior agreement with the Registered User
- Advice or support to enquiries received from Unregistered Users
- Adult Content – for further information please refer to our Acceptable Usage Policy at: https://www.ndiyahosta.co.za/acceptable-usage/
- Spam – for further information please refer to our Acceptable Usage Policy at: https://www.www.ndiyahosta.co.za/acceptable-usage/
- Any content which contravenes the Ndiyahosta (Pty) Ltd’s Acceptable Usage Policy at: https://www.www.ndiyahosta.co.za/acceptable-usage/
4. CUSTOMER’S RESPONSIBILITIES
The Client is responsible for ensuring that they will not display via the webspace any materials which:
- Break, contravene, infringe or violate any South African or Foreign Laws or regulations;
- Break, contravene, infringe or violate any intellectual property rights of Ndiyahosta (Pty) Ltd Limited or any other third party;
- Are defamatory, slanderous or libelous;
- Are harassing or threatening;
- Are discriminatory based on gender, race, age or promotes hate;
- Violate any Ndiyahosta (Pty) Ltd’s policy posted on the Ndiyahosta (Pty) Ltd website and which includes but is not limited to our Acceptable Usage Policy;
- Contain viruses or other computer programming defects which result in damage to Ndiyahosta (Pty) Ltd or any third party
The Client accepts that they may only utilize the Bandwidth allocated to them in the relevant Hosting Package. Additional Fees which are outlined at: http:/www.ndiyahosta.co.za/hosting/ will be charged for exceeding the relevant bandwidth allowance on the selected Hosting Package.
The Client accepts that they will use only properly licensed third party software in relation to the Service.
The Customer is responsible for ensuring that they have made back-up files using the Back-up facility provided as part of the Service via the Web Hosting Control Panel.
5. CONTACT WITH THE SUPPLIER
The Client acknowledges and recognizes that all contact with the Supplier in the first instance should be made via e-mail to email@example.com
The Client agrees that the Supplier shall offer telephone support as part of the Service only once the Customer has placed a call on the Helpdesk & can quote a Helpdesk reference to assist in the rapid diagnosis of the problem.
Hosting Fees shall be those published on the Supplier’s website at the address: http://www.ndiyahosta.co.za/hosting/
Any changes to Hosting Fees shall be notified by e-mail to the Customer and shall take effect from 30 days of this notification.
The Hosting Fee does not include the Domain Name Registration Fee.
The Monthly Hosting Fee shall be paid by the Client using the Ndiyahosta (Pty) Ltd ’s Payment Gateway in advance of the applicable Hosting Month. Ndiyahosta (Pty) Ltd reserves the right to refuse service to the Customer should the Monthly Fee not be paid in advance of the Hosting Month until such fee has been settled.
The Annual Hosting Fee shall be paid by the Client using the Ndiyahosta (Pty) Ltd ’s Payment Gateway in advance of the applicable Service Year. Ndiyahosta (Pty) Ltd reserves the right to refuse service to the Customer should the Annual Fee not be paid in advance of the Hosting Year until such fee has been settled.
7. DISPUTE POLICY
The Customer agrees to be bound by the Ndiyahosta (Pty) Ltd’s Dispute Policy which can be found at https://www.ndiyahosta.co.za/dispute/
The Customer also agrees that in the event that a dispute arises with any third party, the Customer shall indemnify and hold the Supplier harmless pursuant to the terms and conditions contained in the Dispute Policy.
8. SERVICE REGISTRATION INFORMATION AND ITS USE
The Client agrees to provide the Ndiyahosta (Pty) Ltd with the following information in order to process your registration:
Client name, Client company name, physical or postal address, telephone number and e-mail address;
The Client agrees to adhere to the requirements of the Domain Registrars Terms and Conditions relating to the use of information provided to Ndiyahosta (Pty) Ltd by the Client, and in particular the provision of such information to the relevant Domain Registrars including, but not limited to, ZA Central Registry and ICANN.
9. OBLIGATIONS RELATING TO DATA PROVIDED BY THE CUSTOMER
If the Client is registering the Service on behalf of a third party, the Customer hereby confirms that they have received their prior written consent to do so and their agreement to these terms and conditions. The Customer hereby indemnifies Ndiyahosta (Pty) Ltd against any actions or legal proceedings from any third parties relating to any such registrations.
10. DISCLOSURE AND USE OF REGISTRATION INFORMATION
This agreement authorises Ndiyahosta (Pty) Ltd to use any information provided to them as required for the purpose of providing the Service.
The Client hereby irrevocably waives any and all claims and causes of action that the Ndiyahosta (Pty) Ltd may have arising from such disclosure or use of the Service registration information.
Ndiyahosta (Pty) Ltd agrees that any information received from the Customer will not be used in any way except for the purposes stated in this agreement.
The Supplier will take reasonable precautions to ensure that any information provided by the Customer is protected against loss, misuse, unauthorized access or disclosure, alteration or destruction.
11. LIMITATION OF LIABILITY
- The Client agrees that the Supplier shall, under no circumstances, be liable for any damages resulting from loss of profits or data arising out of or in connection with this Agreement. In particularNdiyahosta (Pty) Ltd will not be liable for the following:
- interruption of the Customer’s business; events beyond the reasonable control of Ndiyahosta (Pty) Ltd; application of the Dispute Policy
- Ndiyahosta (Pty) Ltd’s maximum aggregate liability shall not exceed the greater of the total amount paid by the Customer for the total of the first Monthly Fee or the Annual Fee, whichever is applicable;
- Sub section iii) above shall not apply in instances where the Service has been suspended due to non payment of the Service Charge by the Customer.
12. INDEMNIFICATION OF THE SUPPLIER
The Client agrees to indemnify Ndiyahosta (Pty) Ltd and employees and directors against any action arising from action on the part of Registered or Unregistered Users of the Service.
This indemnification is in addition to any indemnification required under the Dispute Policy.
13. BREACH AND REVOCATION
Ndiyahosta (Pty) Ltd reserves the right to suspend, cancel or refuse delivery of the Service to any Client in the event that:
- the Client materially breaches this Agreement;
- the Client provides false or inaccurate information;
- the Client breaches the Supplier’s Acceptable Usage Policy
14. FORCE MAJEURE
Ndiyahosta (Pty) Ltd shall not be liable for any delay or failure in performance of its obligations under this Agreement which is due to or results from any acts, events, omissions, happenings or non-happenings beyond its reasonable control including acts of God, strike, work stoppages, governmental regulations, acts or directives, war, riot, fire, flood, civil commotion, equipment or facilities shortages or delays which are experienced by providers of internet services generally, or any circumstances beyond its reasonable control.
Termination may be made by either Ndiyahosta (Pty) Ltd or the Client with 30 calendar days notice. Such notice must be in writing in the form of an e-mail.
We reserve the right to delete any Client files on our servers should a client not renew their account after one month without providing any backup of files.
16. GOVERNING LAW
Except as otherwise set forth in the Dispute Policy with respect to disputes, this Agreement, shall be governed by and construed in accordance with the laws of the South Africa.
17. STATUTORY RIGHTS
These terms & conditions do not affect your statutory rights as a client.