This Terms of Service is an Agreement between ZAWebHosts and the person/persons (Customer) who use our website hosting and domain registration services.
Customers should acquaint themselves with these policies before purchasing any of our products or services.
ZAWebHosts agrees to provide the services applied for at the prices quoted on this website as amended from time to time for an indefinite period or until it is terminated in accordance with the Suspension/Termination of Services Section below.
Suspension/Termination of Services
Customers must acknowledge that the amount of the services bought is based on customer’s agreement to pay the fee for the initial term or renewal term.
Suspension / Termination of Services
Customer agrees that ZAWebHosts may suspend services to Customer without notice and without liability if:
- ZAWebHosts reasonably believes that the services are being used in violation of the AUP;
- Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP;
- ZAWebHosts reasonably believes that the suspension of service is necessary to protect its network or its other customers, or
- if requested by a law enforcement or regulatory agency.
Termination of Services
Customer may request termination of Services at any stage prior to the expiration of the Initial Term or any Renewal Term without notice period and without liability.
Customer agrees that ZAWebHosts may terminate Services prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows:
- If Customer is overdue on the payment of any amount due.;
- If Customer materially violates any provision of the AUP, and fails to cure the violation within thirty (30) days of a written notice from ZAWebHosts describing the violation in reasonable detail;
- upon one (1) days notice if Customer's Service is used in violation of a material term of the AUP more than once, or
- upon one (1) days notice if Customer violates the “Client Information” section of this Terms of Service.
- Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
The rendering of all services is subject to the timeous payment of the fees as shown on the ZAWebHosts website.
New services are subject to pre-payment for the selected time period.
Customers will be reminded before the service become due at the end of the period. Renewal payments should be made before the expiry date indicated in the Client Area and on the reminder notice.
The service will be renewed upon receipt of payment. Should no identifiable payment be received before the expiry date the services will be suspended on the expiry date and the account terminated after 5 days. Termination may result in the removal of the Customer data from our server so it is essential that the Customer make a full backup and download it from our server before the expiry date.
Money Back Guarantee
ZAWebHosts offer a 30 day money back guarantee. Should you not be satisfied with our service we will refund you.
- Domain registrations, renewals and transfers. As domains are paid upfront we regret that we cannot refund domain registration, renewal and transfer fees. You are free to transfer your domain to any service provider though.
- We do not refund any accounts terminated as a result of breaking our Terms of Service or contravene our AUP. This is to prevent people signing up for our services with the intention of breaching our terms and then claiming a refund.
Customer represents and warrants to ZAWebHosts that the information provided to ZAWebHosts for the purposes of establishing and maintaining the service is accurate.
If Customer is an individual, client represents and warrants to ZAWebHosts that he or she is at least 18 years of age.
ZAWebHosts will communicate and rely solely on the instructions of the person listed as the Primary Customer Contact until Customer has provided a written notice changing the Primary Customer details.
Request For Customer Information
Customer agrees that ZAWebHosts may, without notice,
- report to the appropriate authorities any conduct by Customer or any of Client’s customers or end users that ZAWebHosts believes violates applicable law, and
- provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
Acceptable Use Policy (AUP)
Customer agrees to use our services in accordance with the Acceptable Usage Policy which forms an integral part of this Terms of Service.
Customer also agrees that ZAWebHosts hold the right to change the AUP at any time to meet current web hosting and domain registration standards and laws.
Amendments to the AUP is effective on the earlier of ZAWebHosts notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment.
Customer agrees to cooperate with ZAWebHosts in any reasonable investigation of any suspected violation of the AUP.
In the event of a dispute between ZAWebHosts and Customer regarding the interpretation of the AUP, the interpretation of ZAWebHosts shall govern.
ZAWebHosts provides Telephonic & email support within our area of expertise only.
This includes assistance, troubleshooting, and debugging of our cPanel control panel interface, server function and any other hosting related issues within our spere of business.
Although not strictly speaking part of website hosting we do our best to help with scripts, templates and programming languages. However, under no circumstances is ZAWebHosts obligated to help with the installation of non hosting related new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by Customer previously.
Notices to ZAWebHosts under the Agreement shall be given via electronic mail to support@ZAWebHosts.co.za.
Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed to be received on the day sent, or if that day is not a business day, on the first business day following the day sent. Customer may change his, her or its notice address by a notice given in accordance with this Section.
ZAWebHosts shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond ZAWebHosts's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
Governing / Law Disputes
The Agreement and any dispute arising therefrom shall be governed by and construed in accordance with the laws of the Republic of South Africa.
Disclaimer of Warranties
ZAWebHosts does not warrant or represent that the services will be uninterrupted, error free, or completely secure. To the extent permitted by applicable law ZAWebHosts disclaims any and all warranties including the implied warranties or merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law all services are provided on an "As Is" basis.
Limitation of Damages
Neither party shall be liable to the other for any lost profits or any indirect, special incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.
Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of ZAWebHosts and any of its employees, agents or affiliates, under any theory of the law (including breach of contract, tort, strict liability and infringement) shall be a payment of money not to exceed the amount payable by customer for three months service.