• Terms and Conditions

Here's the "small print"! We dislike 'Terms and Conditions' as much as you do. Unfortunately they are a reality and a part of business though so we'll try and keep them as straightforward as possible.

The purpose of these terms is to protect both you and us. It's our best attempt to clear up any issues that may cause problems later. If you have any questions regarding these terms please email us at support@afrihost.com and we will clarify the situation for you!

We have tried to include everything that we think is appropriate here. Occasionally there are some things that we add to this page. Please be sure to visit this page on a regular basis if you wish to see the latest Terms and Conditions.

You will receive computer generated invoices for all services rendered by Afrihost. All computer generated invoices and credit notes will be sent to you via electronic means. All your computer generated invoices and credit notes are also available via the billing section in your clientzone.

Afrihost ADSL Terms of Use

General

These terms and conditions govern the use of all of the Afrihost DSL services. Afrihost offers both capped an uncapped DSL services - please visit our website FAQ section for more information about the correct choice for you.

By contracting with Afrihost for the services you will be lawfully regarded as having agreed to your use of the services specified being governed by this Agreement.

The client or the client's agent certifies that he/she is above the age of 18 years, has full contractual capacity and is duly authorised by the Applicant to contract on Applicant's behalf.

Applicable Documents

The provision of Afrihost's DSL access service is subject to the provision of upstream services by MTN. The following legal documents accordingly apply to the provision of the Afrihost DSL service and are binding on any subscriber to such service:

  • Afrihost's Acceptable Use Policy (AUP), also available in printed form from the Afrihost Head Office or from any authorised Afrihost Reseller;
  • Telkom's Standard Terms and Conditions for the provision of Public Switched Telecommunication Services, available here or from all Telkom Direct Shops; and
  • MTN's AUP, available here.

Clients and potential clients are encouraged to familiarise themselves with the content of these documents, which are incorporated by reference into these Terms and Conditions.

Service availability and confirmation of service availability

Before subscribing to the Afrihost DSL service please ensure that you have a valid and active Telkom telephone service as this is a prerequisite for provision of the service. Afrihost advises potential clients to confirm the availability of the service in their particular desired location prior to purchasing or ordering a DSL modem or other hardware.

The availability of DSL services can be checked here.

Afrihost can also not guarantee the provision of the requested service upon the receipt of a telephonic or electronic order. Applicants will be formally notified after receipt of an order on whether or not the DSL access service can be provided.

Service availability to any applicant is further subject to:

  • Any credit checks which Afrihost may, in its sole discretion, elect to carry out and, for this purpose, the applicant hereby authorises Afrihost to conduct such checks and provide such information to any relevant credit bureau as may be required for this purpose; and
  • Compliance by the applicant with the RICA registration requirements.

Payment and payment terms

Service fees are payable to Afrihost monthly in advance by way of debit order or credit card, on the first working day of each and every calendar month.

Billing will commence on the date on which service provision commences.

Term and termination

Afrihost only operates month-to-month contracts (cancellable on 30 days' written notice).

Afrihost reserves the right to terminate this Agreement and any service provision to a client where there is a breach of these Terms of Use but undertakes to act reasonably in doing so.

The client acknowledges that Afrihost may terminate this agreement by written notice and without liability in the event of the termination of its agreement with an upstream licensee relevant to the provision of the DSL service.

Rollover of bandwidth

Subscribers should note that rollover of unused bandwidth is only offered with Afrihost's prepaid packages. Where a subscriber elects a fixed cap package, bandwidth not utilised during the relevant period is not carried over and is lost. The fixed cap subscriber will then be re-allocated bandwidth at the commencement of the next month.

"Topping-up" bandwidth

Where a subscriber exhausts the purchased bandwidth or reaches the fixed cap he or she will be hard-capped. This means that no further access (other than dial-up access for fixed cap account users) will thereafter be allowed other than to the Afrihost website for the purpose of ordering additional prepaid ADSL bandwidth.

Concurrency

Afrihost Uncapped packages allow only one connection and user for each account while the Capped packages allow simultaneous connections from different locations for each account.

Uncapped DSL - Fair Use Policy

In order to ensure quality of service and experience across Afrihost's client base Afrihost employs shaping based on realtime demand. Further details in respect of each of the Uncapped DSL profiles are set out in the FAQ section and incorporated by reference herein.

Afrihost reserves the right to amend its management of its Uncapped DSL services although a cap will not be applied.

Monitoring of usage

Afrihost takes steps to monitor the bandwidth usage of subscribers so as to ensure that subscriber bandwidth limitations are not exceeded. This monitoring is subject to the nature of the ADSL service as offered by Telkom, including the fact that monitoring is session-based, i.e. bandwidth usage can only be calculated when the subscriber's DSL session is terminated. As a result a subscriber's current session will be automatically terminated for a very short period of time every 24 hours.

Afrihost further reserves the right to take such steps as may be necessary to properly monitor and calculate usage, including remotely terminating subscriber DSL sessions.

Where a subscriber exceeds the pre-purchased bandwidth or fixed cap (where applicable) then:

  • Afrihost, at its sole discretion, may allow a degree of overusage
  • Such allowed overusage constitutes a discretionary indulgence and shall not in any manner constitute a waiver or relaxation of Afrihost's rights to enforce the hard cap.
  • Afrihost may, at its sole discretion, recover the cost of the overusage. Such recovery will be from the subsequent month's fixed cap or the next top-up purchased.

NOTWITHSTANDING THE MONITORING OF USAGE THE SUBSCRIBER AGREES THAT THEY REMAIN SOLELY RESPONSIBLE FOR ENSURING THAT THEY DO NOT EXCEED THEIR ALLOWABLE BANDWIDTH DURING ANY APPLICABLE PERIOD.

Afrihost also monitors its systems for performance and accounting purposes. The information gained thereby and by any other means may be used to ensure that the Terms of Use and AUP are being complied with.

Subscriber usage management

Subscribers can proactively managing their usage and avoid being prematurely hard capped, as well as check their bandwidth usage by logging in to the Afrihost Client Zone - https://clientzone.afrihost.com/

Disclaimer and Limitation of Liability

Afrihost accepts no liability for any loss or damage to the property or equipment of the client arising out of the provision, installation or maintenance of the DSL access service.

APPLICATION FOR, USE OF AND SUBSCRIPTION TO THIS SERVICE ARE AT THE SOLE RISK OF THE SUBSCRIBER OR APPLICANT.

Subscribers are solely responsible for all actions authenticated by credentials associated with their account(s). It is advised that authentication credentials be changed regularly to allay concerns of security. Afrihost accepts no liability for any loss or damage suffered by Subscribers for any loss or damage suffered by the use of Subscribers' authentication credentials.

The provision of the Afrihost DSL service is subject to:

  • The provision of upstream and network services;
  • Network availability;
  • Distance of the applicant from the local exchange;
  • Copper quality as provided by Telkom; and
  • Line sync speed limitations as may be applied or incurred through Telkom.

Afrihost reserves the right to refuse DSL service based on network, domain and/or equipment identifiers.

AFRIHOST WILL NOT BE LIABLE TO THE SUBSCRIBER OR ANY THIRD PARTY IN RESPECT OF ALL AND ANY DAMAGES, LOSS, CLAIMS OR COSTS, OF WHATEVER NATURE AND INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, SUFFERED BY THE SUBSCRIBER OR THIRD PARTY, HOWSOEVER ARISING.

Indemnity

THE CLIENT INDEMNIFIES AND HOLDS HARMLESS AFRIHOST IN RESPECT OF ANY DAMAGES, LOSS OR COSTS OR CLAIMS INSTITUTED AGAINST AFRIHOST ARISING FROM ANY APPLICATION OR SUBSCRIPTION TO OR USE OF THE SERVICE OR BREACH OF THE TERMS AND CONDITIONS APPLICABLE TO IT.

Mobile Data

Mobile Data is subject to the same Terms and Conditions as ADSL data, except where specified. For the purposes of Payment, Termination, Monitoring of Usage, Liability, etc, please also refer to the above section for ADSL Terms of Use.

Coverage and Signal Availability

Delivery of Mobile bandwidth is dependant on signal availability and demand for data services in any particular area. Afrihost does not warrant or guarantee service for any specific areas, whilst every effort will be made to give clients an indication of possible service (via the Coverage Map). Afrihost accepts no liability should the aforementioned map differ to actual data service experienced.

Rollover of bandwidth

Subscribers should note that rollover of unused bandwidth is not available at present. Mobile Data offers a fixed cap package and bandwidth not utilised during the relevant period is not carried over and expires. The fixed cap subscriber will then be re-allocated bandwidth at the commencement of the next month.

"Topping-up" bandwidth

Where a subscriber exhausts the purchased bandwidth or reaches the fixed cap he or she will be hard-capped. This means that no further access will thereafter be allowed other than to the Afrihost website for the purpose of ordering additional bandwidth.

Protection Plan

We will repair or replace defective or damaged units (as a result of normal wear and tear), which includes the SIM and Mobile Device.
We reserve the right to replace the Mobile Device with a refurbished unit.
Protection Plan cancellations need to be made before the 25th of the month you want to cancel in. Any cancellation after the 25th will go into effect at the end of the following month.
There are no limits to the amount of times you can claim.
One Protection Plan covers 1 Afrihost SIM and 1 Afrihost issued Mobile Device. If you have multiple Afrihost issued devices or SIMs, each will need its own individual Protection Plan.
Two business days delivery is not guaranteed but generally attainable in major centres. If not in a prime coverage area, it might take a day or two extra to be delivered. Deliveries take place during business hours on weekdays. Weekends are excluded from all time calculations.

Protection Plans will exclude claims where damage to a device is deemed wilful or contrary to the reasonable use of the product. For example, use of incorrectly sized SIM cards (and resultant damage caused removing such SIMS) will be considered improper use of the device and will not be covered by the plan. Such use is also not covered by the manufacturer’s warranty and therefore falls outside of any agreement with Afrihost. Repair or replacement of the device will not be facilitated by Afrihost, unless the client is purchasing a new replacement device. This will also apply to the use of accessories (such as external antennae) or modifications which are not supported by the manufacturer and effectively void the warranty.

Device Payment Plan

These terms and conditions apply to a Mobile Device that is on a payment plan. This is for clients who have opted to pay for the Mobile Device over 12 months.

Signing up for a monthly payment plan means you are liable for all 12 payments for the device, which are payable in monthly instalments.
The data is not bound to the payment plan. You will continue to pay all of the outstanding payments for the device, even if you cancel the data.
You can cancel the data at anytime before the 25th of the month you want to cancel in. Any cancellation after the 25th will go into effect at the end of the following month.
The Device Payment Plan does not qualify for the 60 days double your money back guarantee.

Mobile Device Warranty and Exchange/Return Policy

Afrihost has a 7 business day device return policy. Units returned must be returned as shipped (i.e same cosmetic condition and all shipped packaging, parts and accessories included) to be eligible for refund or exchange.

Afrihost will NOT arrange collection of units for exchange or return (or cover related costs), unless the device is included in a Mobile Protection Plan. The client will be responsible for arranging for the unit to be delivered to Afrihost. This will in no way impact the continued warranty provisions, and only relates to courier charges and logistics.

All Mobile Devices are covered by a product specific warranty, as per manufacturer's warranty, for the repair or replacement of faulty units. The warranty is limited to items covered by the manufacturer only. The warranty does not cover any damage deemed to have been caused by the client's misuse or mistreatment of the product (including damage due to improper return shipping of the product for exchange or return).

Using incorrectly sized SIM cards, and any physical damage as a result, is deemed to be improper use or abuse of the product. This effectively voids the manufacturer’s warranty and therefore will not be exchanged or returned. This further extends to the use of unapproved accessories or modifications which effectively void the warranty on the product. In such circumstances, Afrihost will not be liable to repair or replace any such devices and no further correspondence will be entered into once the device is deemed to be out of warranty.

Mobile Devices included in a Mobile Protection Plan will be covered additionally according to the Protection Plan provisions.

Failure to abide by Afrihost's policy can result in deductions to the claimed refund or rejection of claims for refund or exchange.

Afrihost ADSL Line Rental

"Best effort" service

Due to the fact that Telkom currently only offers DSL access services as a "best effort" service, Afrihost's DSL service is likewise also a "best effort" service and no guarantees or warranties whatsoever are provided on throughput or any other aspect of the service, including but not limited to warranties in respect of merchantability, non-infringement of third party rights, freeness from errors or interruptions or availability, other than set out in these terms and conditions.

Due to the fact that Telkom cannot guarantee the bandwidth throughput achieved when subscribers access the Internet utilising a DSL access line, Afrihost can likewise also not offer such a guarantee.

Please note that DSL is an access medium to the Internet and accordingly remains subject to any bandwidth related constraints which may apply to or be experienced in the use of the World Wide Web (WWW).

Telkom Voice Line Rental

ADSL Line Rental clients remain liaible to Telkom for the monthly Voice Line Rental fee, regardless of whether the Voice Line is in use (plugged in) or not. Telkom requires that voice lines remain active in order to provide ADSL services.

Telkom will bill clients directly for Voice Line Rental as follows (prices correct at time of publishing, but may vary):

  • R148.37 incl VAT per month for a residential voice line rental.
  • R203.35 incl VAT per month for a business voice line rental.

ADSL Service Level Agreement (SLA)

Due to the fact that upstream and network services are provided by MTN, Afrihost offers a "back-to-back" SLA with the applicable MTN SLA. The terms of this SLA are set out below.

DSL Profile

The following DSL profiles are available (quoted figures refer to line sync speed):

DSL Up to 2048kbps

Down stream: min 416kbps; max 2048kbps
Up stream: min 64kbps; max 512kbps

DSL Up to 4096Kbps/10016kbps 
Primary profile
Down stream: min 640kbps; max 4096kbps 
Up stream: min 256kbps; max 512kbps

DSL Up to 10016kbps
Primary profile
Down stream: min 640kbps; max 10016kbps
Up stream: min 256kbps; max 1024kbps

The DSL Up to 4096kbps and DSL Up to 10016kbps services have sub-profiles, which are used to stabilise client's service that experience re-syncs (service interruptions) on their ADSL lines due to last mile distance, noise and attenuation. Therefore subscribers that experience problems on the service may be accommodated on any of the secondary profiles below:

Up to 4096kbps Secondary Profiles
A. min sync rate: 640kbps; max sync rate: 4096kbps
B. min sync rate: 640kbps; max sync rate: 3072kbps
C. min sync rate: 640kbps; max sync rate: 2048kbps
D. min sync rate: 640kbps; max sync rate: 1024kbps

Up to 10016 Secondary Profiles

A. min sync rate: 640kbps; max sync rate: 10016bps
B. min sync rate: 640kbps; max sync rate: 8032kbps
C. min sync rate: 640kbps; max sync rate: 7008kbps
D. min sync rate: 640kbps; max sync rate: 6144kbps
E. min sync rate: 640kbps; max sync rate: 5024kbps

What the above entails is that if a subscriber does not sync at the profile listed in A above they will be accommodated on B, C or D (etc.) depending on the line sync speed.

Subscribers will automatically be upgraded to the highest speed possible on the service that they applied for as per the profiles above. Where the DSL service is unable to connect (sync) at the speed applied for due to factors such as line length or quality, it will be accommodated down from the service applied for in 32 kbps decrements, but not lower than the minimum download speed, until the service connects (i.e. syncs successfully).

Where a subscriber's line syncs at a certain rate and at a later stage the line degrades, the service will also be accommodated down in decrements until sync is re-established, the downward synchronisation due to line quality will happen automatically within the profile parameters.

Contention ratios
Please note that the contention ratio does not remain constant as it fluctuates as the service grows and more clients and infrastructure are added.

Repairs

Afrihost will be entitled to assume that DSL service provision to a subscriber is in good working order until such time as the subscriber advises Afrihost Support of any problems or service breaks.

Any faults or service interruption should be reported:

According to the circumstances of the service interruption and nature of the repairs required, either Afrihost or Telkom will attend to faults reported by the subscriber during office hours and the relevant party will apply its reasonable endeavours to have the DSL service restored in the shortest possible time.

If either Afrihost or Telkom determines that the fault reported by the subscriber was caused by subscriber equipment which is not covered by a maintenance agreement with Afrihost, the subscriber shall be liable for payment of the relevant call-out charge as determined by Afrihost or Telkom from time to time.

Service credit

The subscriber shall be entitled to a credit on the rental amount payable for the service, pro rata to the duration of the interruption if the ADSL service has been completely unavailable for a continuous period of at least twenty four (24) hours. The credit shall exclude rental for the twenty four (24) hour period.

The calculation of time periods for the purpose of calculating any service credit shall only commence upon the reporting of any fault to Afrihost Support.

Cancellations

Cancellations will only be accepted from within the Clientzone.
Afrihost requires one calendar month's written notice, which notice will take effect on the first day of the month immediately following the end of the notice period.

Cancellation of any ADSL service (Data or ADSL Line rental) is the client's responsibility and all tools to effect such cancellation are provided in ClientZone. The client is responsible for ensuring that such cancellation of service is actioned with due attention to terms of cancellation, as well as cancellation conditions which require the client to specifically indicate a required process (for example whether an ADSL Line Rental service should be moved back to Telkom or Cancelled entirely). Should the client incorrectly complete the cancellation process, Afrihost will not be liable for any additional costs or compensation to the client due to the error.

Amendments

Subscribers are required to note that, due to a variety of factors including upstream costs, tariffs and the terms and conditions of upstream providers, these terms and conditions are subject to change. Subscribers agree to check these terms and conditions regularly and Afrihost will highlight any changes made.

Where changes to tariffs or the terms and conditions of service are made, the subscriber will be deemed to have agreed to the amended tariff or terms and conditions if they continue to use the service. In the event that a subscriber does not agree with any amendment they should cease using the service and contact Afrihost.

Afrihost Domain and Hosting Services Terms of Use

Introduction

These terms and conditions govern the use of the Afrihost domain registration and hosting services. By contracting with Afrihost for the services you will be lawfully regarded as having agreed to your use of the services specified being governed by this Agreement.

The client or the client's agent certifies that he/she is above the age of 18 years, has full contractual capacity and is duly authorised by the client to contract on client's behalf.

Domain Registration

Afrihost registers domains on the Internet through the relevant governing bodies and hosts websites and related material on the Afrihost server(s) on behalf of clients. These terms and conditions apply to the use and registration of domain names and the web hosting services offered by Afrihost.

Domain registration may be discounted or offered free of charge with Hosting products, depending on the nature and type of TLD (Top Level Domain). This offer is based on the assumption that the domain (and site content) will be hosted with Afrihost for a reasonable period. We reserve the right to, at our discretion, charge a parking fee where a minimum period (3 months) has not been observed on the Hosting product before downgrading to a Parking product. The fee will depend on the type of domain and applicable administration fees.

Initial Set-up fees are non-refundable. Domain Name Registration fees constitute a once-off payment subject to certain renewal charges.

Free Domain Registration

Your free domain registration is provided with the clear assumption that you intend to host with Afrihost for the foreseeable future. If your intention is to just use our free policy to get your domain registered and then immediately cancel your hosting account then we will not pay for your registration. If, however you do have a legitimate reason for cancelling your account immediately, then we will review it on the merits and pay for your registration in good faith.

Our hosting and free registration is sold as a bundled package and cannot be separated, i.e. we will not pay for your registration if it is not combined with any of our hosting accounts.

Afrihost reserves the right to charge a domain registration fee (in arrears) for any domain which is registered as a FREE domain with a hosting package that is cancelled (or the domain is transferred) within 6 months of sign up. Such fee(s) will be invoiced exclusively at Afrihost’s discretion, and no leniency extended to clients on previous occasions will in any way prejudice Afrihost’s right to enforce this clause. Such fees must be settled before any domain transfer can be effected with the applicable registrar.

Afrihost will not tolerate any intended abuse of our free registration policy. Any such abuse will result in the immediate termination of your account and Service Agreement.

Afrihost will register domains as per the clauses above, but will not be resposibile for any further costs in relation to the domain, such as Annual Renewal Fees, Redemption fees or any other fees which may become payable in respect of domain ownership. Clients are exclusively responsible for such fees, and Afrihost will not enter into any disputes resulting from non-payment. Should such domains be automatically renewed, clients will be billed for such renewal without exception. Clients not wating to continue with a specific domain must ensure that cancellation is effected before any such renewal is actioned by Afrihost with the registrar concerned.

Domain Transfer

Afrihost will transfer existing (registered) domains from existing hosting providers to Afrihost's DNS and web servers. Upon requesting  the transfer, and accepting the Terms & Conditions, the client explicitly agrees that they have the authority to do so, being the owner of the domain in question, or having been nominated as an agent of the legal owner. The client thereby indemnifies Afrihost from any disputes regarding ownership of the domain and any claims as a result thereof. 

Cancellation

A cancellation request in respect of any Domain Registration, Web Hosting or Dialup service must be completed via the clientzone http://clientzone.afrihost.com/ one calendar month (30 days) before the date of ceasing the service.

Afrihost reserves its rights to change its prices at any time on reasonable notice. Afrihost reserves the right to stop offering certain web hosting package types if it deems it necessary. Afrihost will then either provide the web hosting service for the remainder of the time that has been paid for or refund the amount paid for that specific package.

Payment and payment terms

The amounts owing for the initial month will be pro-rated from the date of signature to the end of the initial month and shall be added to the first debit at the end of the subsequent month. Clients shall ensure that there are sufficient funds in the account, details of which have been supplied to Afrihost to cover such amount.

In the event that a debit order amount is recalled due to incorrect information supplied by the client or due to insufficient funds in the client's bank account the hosting of the website will be immediately suspended.

In the case of a website being suspended due to non-payment a reconnection fee of R150.00 will be payable before the website is unsuspended.

In the case of an annual or biannual web hosting account being terminated by the client before their prepaid hosting term ends there will be a calendar month notice period and a R100 administration fee charged.

Afrihost may record the existence of the client's account with a Credit Bureau.

Afrihost may record and transmit details of how the client has performed to a Credit Bureau, and how the account is conducted by the client in meeting their obligations on the account.

Liability for registration and use of domain names

Afrihost has not and does not conduct pre-registration searches in respect of the client's use and registration of its selected Domain Name/s and is therefore not obliged to either advise the Domain Name client about possible conflicting third party rights or to take steps to ensure against possible disputes concerning a third party's intellectual property or other rights.

The use or registration of the Domain Name by a client does not interfere with nor infringe the rights of any third party in any jurisdiction with respect to trademark, service mark, tradename, company name, close corporation name, copyright nor any other intellectual property right, and that client has the right to use the Domain Name as requested.

Afrihost cannot act as an arbiter of disputes arising out of the registration and use of Domain Names. At the same time, clients acknowledge that Afrihost may be presented with evidence that a Domain Name registered by a client violates the rights of a third party. In such instance Afrihost shall be allowed to provide a complainant with the client's name and address and all further communication will exclude Afrihost and Afrihost will have no further obligations to the client. In such instance the client shall be entitled to continue using the Domain Name registered for the client by Afrihost until a court or other body with jurisdiction directs otherwise.

Hosting services

Afrihost does NOT provide SMTP mail services by default with shared hosting packages. 

Afrihost reserves the right to suggest suitable alternatives to the client and / or charge for excessive traffic as it deems necessary, at its sole discretion.

Bandwidth Usage Allocations (and unlimited web traffic on Shared Hosting) are based on calculated normal usage as intended for the specific product. The following activities (and resultant excessive bandwidth usage) are prohibited and Afrihost reserves the right, at its sole discretion, to summarily suspend services as provided by the Acceptable Usage Policy:

  • Running Torrents for download or Seed Servers,
  • TOR (or other Online Anonymity Services), or
  • Otherwise circumventing the Acceptable Usage Policy or intended use of the product

Afrihost reserves the right to suggest suitable alternatives to the client for excessive Web Server Processor usage as it deems necessary, at its sole discretion.

Afrihost reserves the right to move a website between web servers and internet backbones, both within South Africa and internationally as it deems necessary. If a client moves in excess of their monthly web traffic allocation, then the client will be contacted and various options will be presented.

Afrihost reserves the right (but does not assume any obligation) to inspect the contents of data that the client transmits, receives or stores on an Afrihost Server to ensure compliance with this Agreement or any applicable laws regulations or codes of practice.

 

Backups

Clients are solely responsible for backing up their data and Afrihost strongly encourages ALL Hosting clients to do so as frequently and completely as possible. Afrihost will not be liable for any data loss or any other losses or damages related to backups or data recovery without exception.

Afrihost may, in some instances, offer a separate backup service in conjunction with dedicated hosting, and will make such backups available to clients on request as and when they are available. However, Afrihost does not warrant or guarantee the availability, completeness or “up to date” status of such backups. Clients are still ultimately responsible for their own data, and Afrihost strongly encourages such clients to continue to make their own backups as frequently and completely as possible to ensure that they have recourse in the event of any failure.

Afrihost also cannot guarantee the condition or fitness of any backups provided. Such backups are provided "as is" and are used at the client’s own risk and discretion - whether restored by Afrihost by instruction from clients or by clients themselves. Afrihost will not be liable for any losses or damages relating to any incidents arising out of such backups being provided (or not provided) to clients on request.

Cloud Hosting

Afrihost deploys all new Cloud Servers with VMTools and Veloxum Agent pre-loaded. VMTools and Veloxum Agent are integral to the smooth running of virtual servers, including managing resources and smooth and safe rebooting. VMTools and Veloxum Agent must be running at all times, as this will severely affect the performance of the server, and efficiency of the core controllers i.e. affecting other client's virtual servers.

Afrihost strictly forbids the creation of nested VM's, or virtual instances within a virtual server. This severely degrades overall performance and will be treated as a violation of our Terms & Conditions (contrary to the intended use of the product).

Afrihost may also, at its discretion, restrict servers to 200 IOPS (Input Output Operations Per Second) where a client’s use of available virtual resources is negatively affecting the overall environment.

Referral Programme

Users may only use the programme to refer other people. Users that try to refer themselves via other accounts setup using spoofing methods will not receive their respective discounts.

Should a referred client decide to cancel their services within three months of signup, their referrer will forfeit their referral credit.

Disclaimers, Limitations and Indemnities

Afrihost will not be liable for any loss or damage, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, delict, or otherwise which may be suffered as a result of or which may be attributable, directly or indirectly, to the use and/or registration of the Client's selected domain names/s OR ANY ACTION TAKEN BY AFRIHOST IN RESPONSE TO THE ABUSE OF THE DOMAIN REGISTRATION SERVICES WHICH IT OFFERS.

The Client hereby indemnifies and holds harmless Afrihost against any loss whatsoever arising from any dispute or claim or other action occasioned by the Client's use and registration of its selected Domain Name, even if Afrihost has been advised of the possibility of such damages;

Afrihost will not be liable for any indirect or consequential loss, damage, cost or expense of any kind, irrespective of how such damage or loss was caused, whether arising under contract, delict or otherwise, including, and not limited to, data loss or corruption, loss of profits, contracts, operation time and goodwill.

Neither Afrihost, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that Afrihost's Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Afrihost Server service, unless otherwise expressly stated in this Agreement.

Afrihost expressly limits its damages to the Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Afrihost specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

Afrihost is not responsible if an external company network and firewall is setup to block access to services Afrihost provides. If a client's network is setup to block certain ports or web addresses that compromise the services Afrihost provides it is the client's responsibility to ensure that their network configurations are changed as necessary.

100% Website Uptime Guarantee

The 100% website uptime guarantee is applicable only if the web server on which a client's shared web hosting account resides crashes or goes down at an unscheduled time. This guarantee is not valid if there is any network problem between the client and the web server which prevents the client from seeing the web server, e.g. if the client's ISP's link to the respective data centre goes down or is faulty, but the web server Afrihost hosts is still up, we are not responsible for the client not being able to reach their website.

Afrihost is not responsible if any third party operated network or service experiences problems and outages (i.e. all network infrastructure and links, client 's internet connection, firewall service managed by external parties). If the applicable web server is up and running at all times then the website will deemed to have achieved 100% uptime.

The 100% website uptime guarantee does not apply to any scheduled downtime for maintenance of any of the Afrihost web servers. If there is scheduled maintenance to be done the client will be notified at least 24 hours in advance. The scheduled maintenance will always be done after hours (based on Central African Time (CAT)) and the web server downtime will be kept to a minimum.

Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services.

Use at Clients's risk

Afrihost will exercise no control whatsoever over the content of the material hosted on, or the information passing through the Afrihost network and in no way moderates such content.

Clients expressly agree that use of Afrihost's Server(s) and Services are at the client's sole risk.

Afrihost 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 the Afrihost web servers, including e-mail, databases and site content.

Limitation on mail size

Individual mail sent to the client's POP3/IMAP box or forwarded to the client's existing email address may be limited to 3000kB in size each.

Refusal of services based on network, domain and/or equipment identifiers

Afrihost reserves the right to refuse domain and hosting services based on network, domain and/or equipment identifiers.

Takedown Notice Procedure

In terms of section 75 of the Electronic Communications and Transactions Act ("the Act") the Internet Service Providers' Association (ISPA) can instruct us to perform a site takedown upon receipt of notification of infringements as defined in Section 77 of the Act.

Any enquiries can be directed to ISPA at:
Postal address: PO Box 518, Noordwyk, 1687, Midrand

Tel: 010 500 1200

E-mail: takedown@ispa.org.za

Should Afrihost receive a takedown notice from ISPA, Afrihost will endeavor to:

1. Notify the client in good time of the takedown notice.

2. Allow the client reasonable time to remove the disputed, illegal or infringing content.

3. Takedown any sites or services which are included in the ISPA takedown notice.

Termination

Should the client breach of any of the terms and conditions contained herein, including but not specifically limited to the payment terms, Afrihost has the right (solely at Afrihost's discretion) to immediately demand payment of the full amount owing and demand compliance forthwith with all the terms and conditions, alternatively to terminate the agreement and services forthwith, in either instance without in any way derogating from any common law, contractual and or delictual rights which Afrihost may have.

Afrihost reserves the right to suspend or terminate the service of any client that does not comply with the terms and conditions, Acceptable Use Policy, Acceptable Hosting Policy or any other contractual obligations.

General provisions

Clients hereby confirm that all statements made in this application are true and correct. Afrihost reserves the right to request proof thereof.

Afrihost’s website and attached systems, such as ClientZone, are designed to facilitate reasonable use of Afrihost products as intended by Afrihost. Afrihost reserves the right to suspend or terminate users who are improperly using features of the systems to avoid billing, shaping, suspension or any other system controls, or exploit bugs or limitations in the system design to effect same avoidance of system controls. Afrihost reserves the right to deem any such activity as "unreasonable exploitation of the system” and will determine the action taken based on the circumstances and severity of the incident(s).

Any disputes arising in relation to this application or the supporting documents shall be governed by the applicable laws of the Republic of South Africa. .

Any form of abuse of Afrihost staff will result in suspension or termination of your services, irrespective of the form and medium of this abuse.

In the event that any of the terms of this document are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.

Afrihost reserves the right to remove any content hosted by that member which it considers illegal or for which it has received a take-down notice.

Identity Verification Requirements (RICA)

All ADSL products are subject to ID verification, as per RICA requirements (Regulation of Interception of Communication Act of 2009). Clients are required to email, fax or upload a clear, legible copy of their valid Identity Document or Driver's Licence. Non-South African citizens may submit a copy of their valid Passport or International Driver's Licence. Verification documents must contain photo identification. Failure to produce ID verification account will result in the product not being activated, regardless of any pro-rata amounts billed.

Should the client cancel all their current valid ADSL products, ID verification will be required on signup for new products. ID verification will not be requested as long as verified ADSL products remain active.

For other products, such as Web Hosting, Afrihost reserves the right to, at any time, request verification of the identity of the Primary Acount Holder. Failure to produce such verification could result in summary suspension or cancellation of the product(s).

Payment and Penalties

Afrihost only accepts Debit Order and Credit Card payments for month to month services, and will only accept alternative payment under specific circumstances and only by prior arrangement at Afrihost's discretion.

Afrihost will not accept any liability or responsibility for delays, suspensions or impact to services due to use of non-approved payment methods by clients.

Unpaid Debit Orders, Declined Credit Cards or any other irregularity regarding payment which results in non-payment will result in immediate suspension of services (which may not be limited to the particular service in question). Afrihost retains the right to suspend any services provided in light of non-payment, and to withhold such services until all arrears are settled in full on any and all products and services.

Afrihost will charge a Reconnection Fee for non-payment and subsequent reactivation of services, and such fee will be charged at Afrihost's discretion. Reconnection fees are payable in full before any services can be reactivated, once suspended. Afrihost may charge multiple reconnections fees where multiple products are affected, and may charge "escalating" penalties for repeated non-payment offences. Any prior leniency shown in this regard will not prejudice Afrihost's right to enforce such penalties in full at any time (within their discretion).

Afrihost may also impose a waiting period of up to 72 hours for reactivation of services, at their sole discretion.

Debit Order Authorisation

By accepting these Terms and Conditions, clients hereby authorize Afrihost to debit their nominated bank account or credit card any variable amount pertaining to the service or products they have selected, on sign up for a calculated pro-rata and thereafter in the beginning of each month (or on signup entirely for purchase of non-service products).  This sum being the amount for settlement of the monthly amount due by the client in respect of services or products.

The client authorises Afrihost's nominated agent to debit their account or card on Afrihost's behalf.  The debit authority will remain in force until such services or products are cancelled, though the client agrees that debits related to cancellation notice periods will be honoured before the expiration of the debit authority.

The client agrees that the party hereby authorized to debit their  bank account or credit card may not cede or assign any of its rights and that the client may not cede any of their obligations in terms of this debit order instruction to any third party without prior written consent of the authorized party.

ADSL Router Warranty and Exchanges/Refunds

Afrihost has a 30 day device return policy. Units returned must be returned as shipped (i.e same cosmetic condition and all shipped packaging, parts and accessories included) to be eligible for refund or exchange.

Afrihost will arrange and cover the courier (including collection and delivery of unit or replacement) for one exchange or return only. Thereafter, should a client request additional exchanges or returns, the client will be responsible for arranging for the unit to be delivered to Afrihost, and Afrihost will not be liable for recovery of any costs incurred. This will in no way impact the continued warranty provisions, and only relates to courier charges and logistics.

All Netgear devices are covered by a 2 year warranty, as per Netgear's manufacturer's warranty, for the repair or replacement of faulty units. The warranty is limited to items covered by the manufacturer only. The warranty does not cover lightning damage or any damage deemed to have been caused by the client's misuse or mistreatment of the product (including damage due to improper return shipping of the product for exchange).

Failure to abide by Afrihost's policy can result in deductions to the claimed refund or rejection of claims for refund or exchange.

Domain Registrar terms and conditions

In addition to the above the following terms and conditions are applied by the relevant domain registrars for the following domains:

Go-fish Client Catchers' Terms

  • Afrihost is not liable or responsible for GoFish Client Catchers' Services
  • Go Fish Client Catchers’ services are payable up-front.
  • Due to the on-going and repeating characteristic of various package aspects, in the case where a month is in arrears some package aspects will be not be completed, these will not be refundable or completed at a later stage.
  • Go Fish Client Catchers offers only month-to-month services, yet 30-days written notice will be required in order to terminate any campaign.
  • Go Fish Client Catchers reserves the right to terminate any Internet marketing package with 30-days written notice.
  • Go Fish Client Catchers reserves the right to edit the configuration of any Internet marketing package as needed.
  • All third party accounts that are set up during an Internet marketing campaign are the property of Go Fish Client Catchers and will remain so if a campaign is terminated. This includes Google AdWords, Google Analytics and others.
  • If various package aspects are not utilised or requested by the client no discount or refund will be given in lieu of these services not being rendered as many are on a “use-or-lose” basis.
  • Where necessary Go Fish Client Catchers will suggest changes to your site, these changes can be completed using the allocated maintenance hours allowed by the package, if included.
  • Maintenance hours, if included in a package, may not be banked.
  • Due to the intensity of a full campaign set up the initial establishment of all the package aspects may be spread over the first three months depending on the package.
  • Due to the complex nature of search engine optimisation no guarantee can be made for top search engine positions, yet Go fish Client Catchers will attempt to secure the best position available within the scope of the chosen Internet marketing package. In many instances it may take several months in order to see any positive movement in search engine rankings.
  • In many cases small changes will be made on your site in order to further your online success, it rests on your hosting service provider to routinely back up your website in case a revert is required.
  • Go Fish Client Catchers cannot be held responsible for any loss or damage, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including loss of profit) as a result of a Internet marketing package

These terms were last updated on 10 April 2013