Terms of Service

Important Legal Agreements

Africa Web Solutions (Pty)Ltd is a privately owned Web Services Provider based in Cape Town, South Africa. We aim to build lasting relationships with all our clients across Globe.

1.) Account Setup

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under.

2.) Content

All services provided by Africa Web Solutions (Pty)Ltd may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene, pornography.
Examples of unacceptable material:
IRC Bots
Link Directories/Farms
SEARCH BOTS
Email Scrappers
Website crawlers
Any Type Of Server Side Bots
Server/browser Proxies (This Will Result In Immediate Cancellation Without Notice)
Warez Sites
Pirated Software
Hate sites
Adult Content Websites
Scam Websites including but not limited to work from home scams, multilevel marekting(pyrimid schemes)
Dating / community portals of an adult nature
Hack programs and archives

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. Always, set permissions on most directories to 755 or stronger. Always, set permissions on most files to 644 or stronger. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

IT IS YOUR RESPONSIBILITY TO KEEP ALL YOUR SCRIPTS UP TO DATE ALL THE TIME!
IF YOUR SITE GETS HACKED DUE TO OUTDATED SCRIPTS OR WEAK PASSWORDS THEN THAT IS 100% YOUR RESPONSIBILITY

We Reserve The Right To Delete Any Account Without Notice if the account is seen to be abusing server or network resources.

3.) Zero Tolerance Spam Policy

NOTE RESTRICTED: FORWARDING TO GMAIL, HOTMAIL, YAHOO will not be allowed on our servers under any circumstances.
Any accounts with these forwareders setup will be adjusted to remove these forwarders without any notice.
If you want to use gmail for your email then setup google mail apps for your email or use the inbuilt functionality inside gmail to retrieve your emails from our servers directly.

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double optin" (with no electronic proof of optin by the consumer) will be treated as spam. Any user who sends out spam will have their account terminated without notice.
Newsletter Scripts and Programs are not allowed to be used on our servers.
Spamvertising Is also considered spam and is strictly prohibited and will result in account suspension without any further warning.
Any email account setup/attached to domains on our servers may not be used for sending out bulk email or spam.
We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at our sole discretion. We also reserves the right to make any such modifications in an emergency at our sole discretion.
Normal email sending is limited to 100 emails per hour, justification for legitimate increase of these limits can be done at our discretion at your request.
We reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of Africa Web Solutions (Pty)Ltd. All rights reserved.

4.) Payment Information

From the 20th July 2015
CASH DEPOSITS WILL NO LONGER BE ACCEPTED
CASH DEPOSITS AT A BRANCH OR AT AN ATM
WILL NOT BE ACCEPTED.
The only accepted method of payment will be:
Direct electronic EFT bank transfer or Payfast Payments.

If you deposit cash as method of paying for an invoice the cash will be refunded less an Admin Fee of R50.00
If you deposit cash to our bank account you WILL LOSE MONEY.
By continuing to use our services you agree to NOT pay for any invoice by cash deposit of any kind.
By agreeing to our terms of service on any of our order forms:
You Agree That You Will Not Make A Cash Deposit of any sort to our bank account.

You agree to supply appropriate payment for the services received from us, in advance of the time period during which such services are provided. You agree that until and unless you notify Africa Web Solutions (Pty)Ltd of your desire to cancel any or all services received, those services will be billed on a recurring basis.
No Contracts - This does not mean you can signup and then pay whenever you like! We run a Tight Ship at Africa Web Solutions (Pty)Ltd, enabling us to provide excellent prices to all our customers. If you do not pay your account by the due date we reserve the right to suspend your account and add Late Charges (R200.00) to your account.
Payments Not Received By Close Of Business On Your Due Date Will Automatically Be Suspended.
To re-activate suspended accounts or domains will cost you R200.00 payable upfront per account before re-activation as well as the overdue invoice

All Accounts except Servers are Pay-As-You-Go, If payment is not made within 1 day of due date your account will be suspended without any further Notice.
Standard Billing Admin Fee - R250.00 - Only Applicable to certain cancellation actions/request
We reserve the right to change the advertised monthly payment amount and any other charges at anytime.
Due Affiliate Commissions will be applied to any invoices or services or late fees that are outstanding in order of oldest to newest and will first be applied to late fees then to the actual invoice.
Affiliate commissions cannot be used to pay for new domain names. If you apply credit to a new domain name we reserve the right to reverse the credit back to your account.
We reserve the right to withhold all commission payments for delinquent accounts with overdue balances until such time as the account payments are normalised or are again in good standing.
It is up to you The Client to always make sure that all services, hosting and domain payments are made on time to prevent any disruption of services.
No receipt of invoices due to any reason will not be used as an excuse for not paying for any services. You can at all times login to your client area to view any invoices we have sent. All due dates are available for all accounts and services at all times.

If you pay from any bank other than FNB then make sure to allow for up to 2 days delay before payments will be processed. So if your due date is on the 1st then make sure your payment is made at least 2 days before the 1st.
Alternatively send us your proof of payment on or before your invoice due date.

Changing of Payment periods/packages downwards (DOWNGRADES) will incur a once off admin fee of R200.00 per incident.
Upgrades are always Free.
Cash Deposits are NOT ALLOWED for each cash deposit made we will refund the cash less an admin fee of R50.00
Pay by bank transfer/internet banking or Payfast - We charge no fees for that.

Cancellations
No Contracts - When you cancel we will remove your account and cancel all due invoices. - No questions asked :)
Cancellations are PERMANENT and no backup data will be available for free for any recovery after cancellations.
If you cancel and move to another company then you need to make the needed arrangements with regards to moving your domains as we will then no longer be available to assist.

We keep backups of cancelled accounts for a period of 30 days after which they are also permanently deleted from our servers.
Upon cancellation a full cPanel backup archive will be made available for your new host to download.
Your new host must be sure to copy the backup archive to their cPanel servers before they transfer the domain.
NOTE: We cannot assist your new host with the transfer of your website cPanel Backup Archive, they should know how to do it correctly from their side.
Should you want access to a backup file after your account is cancelled then you will have to pay a Backup-Recovery Fee of R900.00 payable upfront before the backup will be made available to you for download.

If your accounts were in good standing at the time of cancellation then we will not delay any domain transfers.
If you were a slow payer or had outstanding invoices then you will be responsible for settling any outstanding domain fees at the registrar directly before they will approve the domain transfers.
We only pay your domain fees after 60 days at the registrar if your account is in good standing. If your account is not in good standing you will forfeit the domain reservation fee to us and will have to pay the domain yourself at the relevant registrar.
Domains are registered to the company name that you used when you signed up for an account with us unless otherwise stated on your order form.
They do not get registered to our name unless you specifically ask us to do so in writing.
Any account cancelled or not paid for within the first 60 days that you are on our billing system will not have the domain paid by us and you will need to pay the domain yourself at the registrar.
New 1st registration domains can only be transferred away after 90 days, this applies to all domains registered on our system.

5.) Backups and Data Loss

Your use of the service and or support is at your sole risk. We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers. We take no responsibility for any data loss should we assist you with any aspect of you account including but not limited to website dbase support, website files, email setup and configuration servers side as well as client side and any or all support offered for free.

Your use of this service is at your sole risk. Our free backup service runs once a week, overwrites any of our previous backups made, and only one week of backups are kept. This service is provided to you as a courtesy. Africa Web Solutions (Pty)Ltd is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Our servers.

6.) Cancellation and Refunds

We reserve the right to cancel your account at any time for Breach of our T.O.S.
We reserve the right to refund a prorated amount or no refund at all for breach of T.O.S.
Service suspension and Cancellation due to spam complaints will receive no Refunds at all.
Refunds will be done at our discretion on accounts in good standing.
We reserve the right to offer no refund whatsoever.
All Approved Refunds Will Only Be Done By EFT Into A Valid Traceable South African Bank Account
Refunds Of Cash Deposits Will Incur Our Standard R25.00 Cash Deposit Fee Deducted From the Refund Amount
Refunds Will Not Be Given For Domains Names That Are Already Registered.
Where Domains Are Already Registered By Us And A Refund Is Issued The Advertised Cost Of The Domain Registration Will Be Deducted From The Refund. You Can Then Also Request A Transfer Of The Domain Away From Us.
If domains have already been invoiced for renewals then the renewal invoice needs to be paid in full before the domain will be released for transfer.
New 1st registration domains can only be transferred away after 90 days, this applies to all domains registered on our system.

Customers may cancel at any time.
Refunds Will only be calculated/offered on accounts which have in excess of R200.00 account credit and are in good standing.
Refunds will be calculated on days of usage less the amount paid for domains names + An Admin Fee Of R250 to process the refund per account cancelled.
Should you request refund of any package that includes a Free Domain name,
then our advertised cost of the domain will be deducted from the refund amount,
and the domain approved to be transferred to your selected Hosting Provider.
If any account with a free domain is cancelled within the 1st 3 months then you
will be liable to pay our advertised cost for the domain name before the domain will be released to you.

Any account cancelled within the 1st month after registering will incur a Admin Fee of R250.00 deducted from any refund amount.

7.) Website Design Acceptance And Cancellation Terms

On acceptance the client agrees to our full terms of service.
On acceptance of any proposal or written quotation the full terms of service will become effective.
On acceptance of any proposal or written quotation the full non-refundable deposit will become payable provided no domain names have been registered yet. If the domain names have already been registered then the cost of such registrations and our standard R250 admin fee will be deducted from the refund amount.
Design Balance Payments become payable within 24 hours of any design work going live on the internet for final revisions and tweaking.
The client may cancel at any time before any work commences and a full refund of the deposit will be paid.
Once development has started the design deposit will no longer be refundable.
Should client decide they no longer want the web development to continue then the deposit paid will be forfeited.
Cancelled development work will result in the balance invoice being cancelled and the client will no longer be liable to pay any further costs.
If client cancels any development work then any free hosting and domain registration that was part of the proposal/quotation will become payable at our regular advertised prices unless the client wants the hosting and domain also to be cancelled.
If the client wishes to retain the domain name but cancel the hosting and move the domain name then they can do so 30 days after the domain name was registered.

8.1) Resource Usage

Users may not initiate the following:
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, Cron jobs, etc.
b) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
SEARCH BOTS
Link Directories/Farms
Email Scrappers
Website crawlers
Any Type Of Server Side Bots
Any Bot Or Crawler Initiated Manually Or By Crons
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any gaming servers such as counter-strike, half-life, battlefield1492, etc
f) Server/browser Proxies (This Will Result In Immediate Cancellation Without Notice) g) Cron Scripts will be monitored for resource usage and disabled if they interfere with the normal running of our servers.

8.2.) Excessive Bandwidth Usage (all Protocols)

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

9.) Domain Registrations

9.1.1 Applicant shall, within 30 (thirty) days of the Effective Date, pay the then current fee in respect thereof, as determined by Africa Web Solutions (Pty)Ltd from time to time. In addition, Applicant shall, within 30 (thirty) days of the anniversary of the Effective Date pay an annual renewal fee, as determined and published by Africa Web Solutions (Pty)Ltd from time to time, in respect of the Domain Name registration.
9.1.2 Should applicant fail to pay any of the fees contemplated in this clause 9.1.1 within the periods stated herein, Africa Web Solutions (Pty)Ltd may, without derogating from any other right which it may have in terms of this Agreement or otherwise, and without notice, withdraw the Domain Name registration in whole or in part.
9.1.3 Africa Web Solutions (Pty)Ltd shall under no circumstances whatsoever be obliged to determine the right of the Applicant to the Domain Name. Domain names are registered on a "first-come-first-served" basis and the registration of the Domain Name by Africa Web Solutions (Pty)Ltd shall in no way constitute any indication or warranty of Applicant's right to utilise such name.

9.2 Applicant's Warranties & Indemnity
9.2.1 Applicant hereby irrevocably represents, warrants and agrees that:
9.2.1.1 its statements in the Application are accurate and complete;
9.2.1.2 it has the right without restriction to use and register the Domain Name;
9.2.1.3 it has a bona fide intention to use the Domain Name on a regular basis on the Internet;
9.2.1.4 the use or registration of the Domain Name by Applicant does not or will not interfere with, nor infringe the right of any third party in any jurisdiction with respect to trade mark, service mark, trade name, company name, close corporation name, copyright or any other intellectual property right;
9.2.1.5 it is not seeking to use the Domain Name for any unlawful purpose whatsoever, including, without limitation, unfair competition, defamation, passing off or for the purpose of confusing or misleading any person;
9.2.1.6 at the time of the initial submission of the Application, and at all material times thereafter, it shall have an operational name service from at least two operational Internet servers for the Domain Name. Each server is and will continue to be fully connected to the Internet and be capable of receiving queries relating to the Domain Name and responding thereto;
9.2.1.7 it has selected the Domain Name without any input, influence or assistance from Africa Web Solutions (Pty)Ltd.

9.2.2 Pursuant to the above warranties, Applicant hereby agrees that it shall defend, indemnify and hold harmless Africa Web Solutions (Pty)Ltd, its directors, officers, members, employees and agents, for any loss, damage, expense or liability resulting from any claim, action or demand arising out of or related to a breach of the aforementioned warranties or the use or registration of the Domain Name, including reasonable attorneys fees on an attorney and own client basis. Such claims shall include, without limitation, those based upon trade mark infringement, copyright infringement, dilution, unfair competition, passing off, defamation or injury to reputation. Africa Web Solutions (Pty)Ltd agrees to give Applicant written notice of any such claim, action or demand within reasonable time of becoming aware thereof. Applicant agrees that Africa Web Solutions (Pty)Ltd shall be defended by attorneys of Africa Web Solutions (Pty)Ltd's choice at Applicant's expense, and that Applicant shall advance the costs incurred in such litigation, to Africa Web Solutions (Pty)Ltd on demand from time to time.

9.3. Africa Web Solutions (Pty)Ltd gives no warranties of any nature whatsoever with regard to the Domain Name, the registration or use thereof and hereby disclaims all such warranties, whether express or implied.

9.4. Applicant agrees that Africa Web Solutions (Pty)Ltd shall have the right to withdraw the Domain Name registration (in whole or in part) or transfer the Domain Name (as the case may be):
9.4.1 in the circumstances contemplated in clause 3;
9.4.2 should Africa Web Solutions (Pty)Ltd receive an order by any competent court having jurisdiction;
9.4.3 should Applicant breach any other provision of this Agreement, and fail to remedy such breach within 14 (fourteen) days of receiving written notice from Africa Web Solutions (Pty)Ltd calling upon it to do so;
9.4.4 should Africa Web Solutions (Pty)Ltd receive a decision by a Dispute Resolution Provider appointed in terms of an official domain name Dispute Resolution Procedure introduced by law, or adopted and published by Africa Web Solutions (Pty)Ltd.

9.5. Applicant acknowledges that all information provided to Africa Web Solutions (Pty)Ltd in the Application may be disseminated and/or published by Africa Web Solutions (Pty)Ltd in a manner generally accepted in the domain name industry, including but not limited to publication of such information on Africa Web Solutions (Pty)Ltd's Administration Sites, and Applicant hereby irrevocably and without limitation consents to the dissemination and/or publication of such information.

9.6. Under no circumstances whatsoever shall Africa Web Solutions (Pty)Ltd be obliged to:
9.6.1 act as an arbiter of disputes arising out of the registration and use of the Domain Name;
9.6.2 refund any fees paid by the Applicant in terms of clause 9.1.1.

9.7. Should Africa Web Solutions (Pty)Ltd be presented with evidence that indicates that the Domain Name violates the rights of a third party, Africa Web Solutions (Pty)Ltd shall be entitled to provide the complainant with Applicant's name and contact particulars and all further communication will exclude Africa Web Solutions (Pty)Ltd and Africa Web Solutions (Pty)Ltd will have no further obligations to the Applicant or complainant.

9.8 DOMAIN Name Registration and Renewals
9.8.1 Africa Web Solutions (Pty)Ltd registers all domains in the name of the User. Accordingly Africa Web Solutions (Pty)Ltd will insert User's email address as Registrant with the relevant Registrar so that all notifications of renewal will be automatically notified to the User.
9.8.2 The onus on renewal and transfer of the domain remains with the User as authorised owner of the domain.
9.8.3 Africa Web Solutions (Pty)Ltd will not respond to any request to transfer a domain away from Africa Web Solutions (Pty)Ltd unless it receives express instructions from the User/Owner of the domain.

10.) Price Change

The amount you pay for services will never increase from the date of purchase for the period of purchase. We reserve the right to change prices listed on our site, and the right to increase the amount of resources given to hosting plans at any time.
From Time to time Annual increases can be expected on your products and services, we will, where possible keep these increases to a minimum.

11.) Indemnification

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 us, its agents, its customers, officers and employees, that may arise or result from any service or support provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless any liabilities arising out of; (1) any injury 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 customers from Africa Web Solutions (Pty)Ltd's servers.

12.) Disclaimer

We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services or support we provide. We disclaim any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by us and our employees.

13.) Disclosure to law enforcement

Africa Web Solutions (Pty)Ltd may disclose any client information to official law enforcement agencies without further consent or notification to the client upon lawful request from such agencies. We will cooperate fully with all official law enforcement agencies.
All clients need to supply Valid ID documents and Proof of residence when requested.
We will request positive Identification and proof of residence at any time we feel our services are in jeopardy or when Africa Web Solutions (Pty)Ltd are required to do so by law..
Should you be asked for proof of ID and residence, your sites and hosting will be suspended until we have received the requested documents.

14.) Changes to the TOS

We reserve the right to revise our Terms Of Service at any time without notice.
See also our Privacy Policy