DURBAN WEBSITE HOSTING TERMS AND CONDITIONS
We have tried to outline everything that you need to know about our terms of service and we have made every effort to do this without getting into confusing "legal speak". Please read through all of it to ensure that you know and understand all the terms. If you are unclear on anything, please don't hesitate to contact us by email or telephone.
Terms and Conditions / Modus Operandi
- Whilst we do daily, weekly and monthly backups of all sites, these backups are taken as a contingency in case of a server problem. The onus is at all times on the client to take backups via cpanel, especially before making any changes. With dynmic websites, clients are strongly urged to take backups of their database before making changes.
In the event that a client needs a backup restored, Web Inn will do this at no cost, provided the client provides the backup.
- As soon as you reach 80% of your usage you will be notified by email to assist you in avoiding an overage and affording you the opportunity to make timeous arrangements for any unavoidable overage.
- Should you exceed bandwidth or usage, you will be contacted and given the opportunity to rectify this or purchase: a temporary or permanent upgrade; additional space / bandwidth at the prevailing advertised rate. We give very high allowances to begin with and there is very little likelihood of this occuring unless you are experiencing a large volume of downloads of large files on your site.
- Domains that we administer on your behalf will be registered and renewed in your name.
- Registration of domain names cannot be cancelled or altered once the order has been processed. Before ordering, please be certain that the name is the one you want, is spelled correctly and is with the correct extension.
- Hosting is month to month, unless it is pure email hosting (which is annual) or is specifically linked to a special package that includes a minimum hosting period. Should you sign up for such a package, the minimum hosting requirement will always be clearly displayed and not hidden away in fine print somewhere.
- Billing is automated and hosting is payable in advance, receivable by no later than the 1st of each month. We however allow for the time it takes for internet transfers to reflect. Accounts that do not have payments reflecting by the 4th of the month are taken not to have been paid by the due date.
- Where the full payment due does not reflect in our account by the 4th and the client has not contacted us in this regard and been granted leniency, prior to the 1st, the account will be automatically suspended on the 5th with no warning.
- The onus is on the client to ensure that we receive payment or acceptable proof thereof before the 4th of each month.
- Payments due include the total amount of all invoices issued within the same month. This includes any amounts owing for domain name renewals or development work done for the client.
- We do not offer credit facilities on any services that we offer, unless this has been explicity agreed in writing PRIOR to the provision of any such service by ourselves.
- In the event that a client has been allowed to accumulate a debt beyond the due date of a payment and the client then makes a part payment on any outstanding amount, such payment will be offset against the largest and/or oldest amount outstanding.
- The onus is on the client to check their most recent invoice to ensure that the correct and full amount due is being paid, referencing the current invoice number.
- The onus is on the client to ensure that payments are correctly referenced with onlyeither a domain name or invoice number.
- The onus is on the client to ensure that the email address and contact details that we have on record are current and accurate at all times.
- All prices include VAT.
Restricted Content and Scripts
In the interests of all our clients, we do not allow certain content, scripts and programmes to be hosted on our servers. Domains found to be in breach of any one or more of these restrictions will be suspended immediately, subject to investigation. This includes:
- Any illegal content or activity, including infringement of copyright, trademark, etc.
- Warez or any similar sites, including sites that promote or link to this type of site.
- Matt's formmail and any other programme or script which can cause a vulnerability.
- Anything that can allow a gateway to hackers, whether intentionally or through carelessness/negligence/ignorance. This includes installed software programmes that are not kept up to date with the latest security patches.
- Child pornography or anything that promotes, encourages or links to other sites that promote, encourage or display child pornography.
- Sites that in any way promote, incite or encourage hate, violence, terrorism, war or any other action that is considered by us to be against the overall interests of society. Linking to this sort of site is also not permitted.
Domain Registration & Pointing Restrictions
Domain registration and pointing is done in good faith. Should we however discover that any domain we have registered and pointed is being used in any activity recognised by the SAP, Interpol or any other similar Government agency as illegal, we reserve the right to immediately and without warning, act in the public interest and cease the pointing. This will be most strictly applied in all instances of fraudulent activity and online scams.
Domains found to be in breach of any one or more of the following restrictions will be suspended immediately, subject to investigation.
- Email spamming of any nature. Bulkmail may be sent out as long as it is double opt-in, fully complies with anti-spam regulations and is limited to reasonable batches per hour.
- Spamvertising - the practice of sending unsolicited bulk emails from an email address not hosted by us, but where the email contains a link to a domain that is hosted by us.
- Link farms or ffa sites
- The use of any automatic or self-installing scripts that are triggered by a visit to a page on your website or by clicking on a link that does not specifically state that it will create an installation (and detail exactly and accurately what the installation is).
This doesn't include normal pop-ups/pop-unders or other innocuous (albeit irritating) scripts. It refers specifically to scripts that interfere with the free choice of your site users, eg. any scripts that may be considered to be malware: auto-dialers, browser hijackers, trackers, data-miners, etc.
- Your diskspace or bandwidth may not be resold. This includes any other aspect of your hosting package as well.
- We offer no guarantees other than those clearly stated in the guarantee section/s of this site, or explicitly stated in any correspondence with you.
- We reserve the right to change any aspect of our terms of service at any time and will make every endeavour to notify clients of this via both email and our member centre. Should the terms and conditions published on this page at any time differ from those shown in any other form or format, including the downloadable terms and conditions offered on this site, the content on this page will be taken to constitute the current and applicable terms and conditions.
- Every precaution has been taken to protect our servers. However, in the event of the bizarre, we accept no liability for loss of service or failure to provide service due to any act of war, civil unrest, violence, terrorism, third-party failure or any unforseeable act of God.
- Any uptime guarantees that we make do not include a downtime experienced due to any act of war, civil unrest, violence, terrorism, third-party failure or any unforseeable act of God.
- We accept no liability for any loss or damage that may be caused to your site or its ability to function, where this is caused by your addition to, removal or alteration of any content, software, programme or account component.
- We reserve the right to instantly terminate any account that is placing the server or the functioning of other client sites at risk.
- The liability of Web Inn is at all times limited to the amounts paid by you for any service that has given rise to the question of liability and is limited to the extent of our guarantees provided.
- Although we take every care, we do not accept responsibility for loss or damage to any items, graphics, pictures, etc. given to us for the creation of a website. Please make sure that you give us good quality copies and not originals.
- Hosting contracts may be terminated by yourself with the giving of 1 calender month's notice in writing (email is fine). Notice must be given before the last day of the month to avoid incurring an additional months fee. All payments due up to the end of the notice period must also be made at the time that notice is given. All of your files and information will be kept on our servers until the end of the notice period to allow you sufficient time to transfer your site, provided that all payments due up to the end of the notice period have been made in full at the time of giving notice. Please note that the onus is on the client to obtain backups of the site via cpanel. Because clients are at all times free to take their own backups, we do not provide backups on disk or via email.
- Email hosting can be cancelled at any time within the one year contract period. No notice is required. Failure to pay the annual renewal fee by the 4th of the month in which such payment is due, will simply result in termination of the account on the 5th of the same month.
- Web Inn reserves the right to refuse or terminate any existing service or part of any existing service, to any client, at any time and for any reason.
- Should Web Inn terminate any hosting service for any reason other than breach of our terms and conditions or breach of good faith, the client will be given sufficient notice to allow him/her time to take the required backups and move to another hosting provider.
- In the event of a client's hosting being terminated by either the client or by Web Inn, Web Inn accepts no responsibility for ensuring that the client has a recent backup of their website or that transition to an alternative hosting provider occurs timeously and without complications. This is the sole responsibility of the client and the new hosting provider.
Should you choose to move your hosting elsewhere, we therefore advise that you have your new host contact us as soon as possible for the transfer of your domain, which we undertake to assist with as speedily as possible. Transfer of the actual website is however the client's responsibility, with full backups being available via your cpanel.
Accounts that have been paid in advance at a discounted rate and which are terminated by the client within that advance period, will be entitled to a refund which will be calculated as follows: - Total amount paid in advance, LESS the amount that would have been due for the period used if no discount had been applied, LESS the amount due for the required notice period of 1 calendar month.
Accounts that have been paid in advance at no discounted rate are entitled to a refund for any complete months that have been paid for but not used, after deduction of payment due for the required notice period of 1 calendar month.
Email hosting - No refunds will be made.
Set-up fees - no refunds are made on setup fees under any circumstances.
Should any refund be due to a client for any reason, such refund will be paid at the end of the calendar month in which it is becomes due.
Should a client's hosting account be terminated by Web Inn due to breach of our terms and conditions, breach of good faith or material breach of contract, no refunds will be due or payable to the client for any unused portion of services to which the client may otherwise have been entitled.
Optima Hosting Setup Fee
The Web Inn Optima hosting package incurs a setup fee. This fee is refundable under certain conditions, as outlined below:
- The setup fee will be refunded by way of account credits that are applied at a rate of R100 per month from the second month of hosting, provided that all invoices are paid on time.
- Credits equal to R100 will continue to be applied each month until:
whichever event occurs soonest.
- the full setup fee has been credited, OR
- the client fails to pay an invoice on time, OR
- the service is terminated by means of cancellation of the hosting for any reason by either party, or due to an account upgrade or downgrade,or by any other means,
- Credits will cease to be applied, and any remaining credits will be immediately forfeited, should any of the events listed in point 2 above be deemed to have become applicable.
- Payment of any hosting invoice is deemed to have been made on time only if the full invoiced amount reflects in our bank account by no later than close of day on the 4th of each month.
- The refund credit will at no time have any cash value and can only be received by means of account credits, as stipulated above.
- Refunding of the Optima setup fee, in whole or in part, at all times remains at the sole discretion of Web Inn.
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- Web Inn hereby reserves the right to refuse any and all services to any potential client, for any reason whatsoever.
No leniency that we may show in terms of any of the above at any time, will in any way and under any ciscumstances constitute a waiver of any of our rights to enforce any and all of our terms and conditions at any time in the future.