By submitting the online order form, or by using Host Hero service, Customer hereby agrees to Host Hero Terms of Service (TOS), Acceptable Use Policy (AUP), the No-Spam Policy (NSP), Refund Policy and Privacy Policy.
Unless otherwise specified, in this TOS, the AUP, the Refund Policy, and the Privacy Policy, the usage of “us”, “we”, “our”, and “ours” shall refer to Host Hero, a division of Karbonblack Digital (Pty) Ltd, a South African private company, and all its parents, subsidiaries, successors, and assigns. The usage of “you”, “your”, “they”, and “them” shall refer to the Customer of Host Hero.
Moreover, in this TOS, the AUP, the No-Spam Policy (NSP), the Refund Policy and the Privacy Policy, “Host Hero” shall refer to Host Hero, a division of Karbonblack Digital (Pty) Ltd, a South African private company, and all its parents, subsidiaries, successors, and assigns; unless otherwise specified, “HostHero” and “Host Hero” shall have the same meaning and shall be interchangeable.
Customer agrees that it shall comply with this TOS and Host Hero Acceptable Use Policy (AUP). Customer further agrees that it has read Host Hero Privacy Policy and agrees to all the terms and conditions in the Privacy Policy. In this document, the word “Agreement,” with a capital “A,” refers to the TOS, the AUP, the No-Spam Policy (NSP), the Refund Policy, and the Privacy Policy collectively.
1. General Terms
In consideration of hosting services to be delivered, Customer agrees to be bound by the following terms and conditions:
1.1. Customer agrees to pay, in advance of each monthly service term, for hosting services to be rendered.
1.2. Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes that may require Customer to order Host Hero service for a certain minimum period of time.
1.3. Customer agrees to a no-refund policy in advance. Setup fees and monthly web hosting service fees are non-refundable.
1.4. Non-Payment of services shall result in a fifteen (15) day notice of disconnection. All payment failures must be cured within thirty (30) business days from invoice due date or account will be suspended. Account termination will result from invoices overdue for sixty (60) days. Accounts overdue for ninety (90) days will be handed over to an outside agency for collection and clients of reseller accounts will be confiscated, becoming the property of Host Hero.
1.5. Host Hero is not and shall not be held responsible for data integrity for any accounts that are terminated, disconnected, or interrupted because of Customer’s failure to pay for Host Hero services.
1.6. Customers agree to pay all taxes applicable to your account.
1.7. Customer agrees to be held liable for all fees incurred until such time that the Customer requests in writing that their account be cancelled. Refer to section 5 (Account Cancellation) to view terms connected with cancelling an account.
2. Agreement for Service
2.1. Host Hero will provide, and Customer will purchase and pay for, the Web hosting services (the “Services”), according to the service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the Customer, and that Customer is aware of all applicable charges as per the Agreement. Customer also understands that no promotional offers will apply to their individual service unless said promotional offers are specified in this Agreement.
3. Payment
3.1. Establishment and provision of service is contingent upon receipt of payment from Customer to Host Hero.
3.1.1. Customer must pay in full for the Services before Host Hero begins to provide the Services to Customer. Invoices are generated seven (7) days before the renewal date and customer agrees that if paying by credit card or debit order, recurring bills will be billed and charged automatically on the invoice due date and that Host Hero may apply the amount due at any time to the credit card or bank account listed on file.
3.1.2. Setup fees may be charged and are due at the time of the Customer’s initial request of the Services requiring setup.
3.2. Payment is due on the defined monthly recurring billing date of each month. Service will be interrupted on accounts that reach thirty (30) days past due. Accounts that are over thirty (30) days past due and that are not collectable by Host Hero may be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay to Host Hero a “Processing and Collection” fee of not less than Five Hundred (R500.00) Rand.
3.3 If a credit card or debit order payment returns unpaid the order will be resubmitted with the next payment batch. If a debit order or credit card payment is resubmitted you agree to pay Host Hero a ‘Processing and Administration’ fee of no less than R150.
4. Delinquent Accounts
Host Hero may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, and any collection fees to which Host Hero may be entitled under this Agreement or under applicable law.
5. Account Cancellation
Customers may voluntarily cancel their account at any time, for any reason or for no reason, granted that Host Hero is provided with thirty (30) days written notice of cancellation and that the account to be cancelled is fully paid up. Send the cancellation request in writing to our billing department.
Past due accounts will not be cancelled until all overdue invoices have been paid in full.
If a Customer has cancelled their account before the renewal date, no more charges will be billed to the account. Cancellations on or after renewal will be charged renewal fees.
PayPal and other third party payment gateway customers cancelling their PayPal or third party payment gateway subscription do not warrant cancellation of service. All cancellations must be in writing. Customer can terminate their account for any reason or for no reason. However, Customer understands and agrees that Host Hero does not provide pro-rated or any other kinds of refunds on cancellations. All fees Customer has paid shall be non-refundable.
6. Refunds and Disputes
Please see Refund Policy
7. Customer agrees not to engage in any activity that violates any international, foreign, federal, state, or local laws applicable to the service terms described in this Agreement.
8. Host Hero reserves the right to discontinue service to any Customer it deems, in its sole discretion, violates any condition of service including, but not limited to, the following:
8.1. The Acceptable Usage Policy
9. Backups
9.1. In order to allow us to provide the best service to you, Host Hero accounts are backed up at least once daily and stored for seven (7) days. However, these backups are intended for Host Hero administrative purposes only. As part of its commitment to first-rate customer service, Host Hero always seeks to create complete and accurate backups of customer accounts.
9.2. Even the best and most complete and redundant backup systems can and do fail for a variety of reasons, despite the best efforts of the Web hosting service. Therefore, Host Hero does not guarantee the availability, completeness, currency, or integrity of these backups or the data they contain. Consequently, you must not rely upon the availability, completeness, currency, or integrity of these backups.
9.3. Customers are responsible for maintaining their own backups on their own personal computers or other computers.
9.4. Host Hero does not provide any sort of compensation for lost, inaccurate, incomplete, or outdated data in the event that Host Hero backups do not function properly, regardless of the reason(s) for any such malfunction, even if the malfunction was due to the fault or negligence of Host Hero or any of its employees or agents, and regardless of whether Host Hero had been informed of the possibility of such malfunction, or any fault or negligence that might cause it.
9.5. In the event that you need to recover data from a backup, Host Hero will use reasonable efforts to restore data to your account from the appropriate backup. However, please note that this service is intended to complete your own backups to your own computer, and is not a substitute for those backups. Again, Host Hero does not guatantee the availability, completeness, currency, or integrity of its backups.
9.6. Any account may be excluded from our backups in Host Hero sole discretion.
9.7. You understand and agree that Host Hero backup policy does not create any warranties.
10. Customer agrees to defend, indemnify, and hold harmless Host Hero, and the parents, subsidiaries, successors, assigns, employees and agents of Host Hero against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) to which an indemnified party may become subject and which Losses arise out of, or relate to this Agreement or Customer’s use of the Services, and to reimburse an indemnified party for all legal and other expenses, including reasonable attorneys’ fees incurred by such indemnified party in connection with investigating, defending, or settling any Loss whether or not in connection with pending or threatened litigation in which such indemnified party is a party.
11. Host Hero shall not be liable under any circumstances for any indirect, incidental, special or consequential damages, punitive or exemplary damages, or for any loss of profits, loss of revenue, loss of use, or loss of data resulting from the use of host hero services by customer or any third parties, regardless of the form of action or theory of liability, or any loss of data resulting from delays, non deliveries, misdeliveries or service interruptions.
12. Host Hero provides the services and products as is, without warranty of any kind, whether express or implied. Host Hero disclaims all warranties of non-infringement of any third-party rights, and disclaims all implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Customer shall be solely responsible for the selection, use, and suitability of the services and host hero shall have no liability therefor.
13. To the maximum extent permitted by law, host hero disclaims, all warranties, representations or other endorsements, express or implied, with regard to the information accessed from, or through, this service, the systems which provide it, and the internet, including all warranties of merchantability or fitness for a particular use, or non-infringement of any third-party rights.
14. Host Hero does not assume any liability for the completeness, accuracy, or usefulness of any information disclosed or materials accessed through its services, its systems, its networks, or the internet.
15. No Waiver of Rights by Host Hero
Any failure by Host Hero to enforce this Agreement in every instance in which it might apply does not amount to a waiver of any of Host Hero rights.
16. Arbitration
Any controversy or claim arising out of or relating to this contact or any breach thereof in excess of R2500.00 shall be settled by arbitration in accordance with the commercial arbitration rules of the association of arbitrators of south africa, and judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
17. Notices
17.1. From Host Hero to Customer.
Host Hero will notify you by email of any notices that Host Hero is required to provide to you under this Agreement, at the most current email address you have provided to Host Hero.
By entering this Agreement, you consent to receive notices by email. You are solely responsible for ensuring that Host Hero has your most current email address, and Host Hero shall not be responsible for any lost, misdirected, bounced, forwarded, or undeliverable email that Host Hero sends to the most current email address you have provided to Host Hero.
17.2. From Customer to Host Hero.
Unless otherwise specified in this Agreement, notices to Host Hero shall be sent to the following address:
Host Hero
Attention: Legal Notices
78 Cussonia Ave
Val de Grace
Pretoria
0184
18. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to choice of law or conflicts of law provisions that would cause the application of the law of another jurisdiction.
19. Currency
All monetary amounts to which this Agreement refers shall be in South African Rand.
20. Entire Agreement
This Agreement, including all of its component parts, comprises the entire agreement between you (the Customer) and Host Hero, and supersedes any prior or previous agreements between you and Host Hero with respect to the subject matter of this Agreement; provided, however, that you agree that you shall be subject to any additional terms and conditions of which Host Hero notifies you from time to time, pursuant to this Agreement.
21. No Oral Modification of this Agreement
This Agreement may not be modified orally.
22. Assignment
22.1. Customer shall not assign or attempt to assign its obligations under this Agreement without Host Hero prior and express written consent to such assignment.
22.2. Host Hero may assign any or all of its rights and obligations under this Agreement at any time without prior notice to or consent of Customer.
23. Consent to Jurisdiction; Venue
Jurisdiction and venue for arbitration or litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof shall be proper only in a venue determined Host Hero.
24. Choice of Law
For all purposes, this Agreement shall be deemed to have been made within the Republic of South Africa. This Agreement shall be governed by the laws of the Republic of South Africa and Host Hero and Customer each submit to the exclusive jurisdiction of the courts of the Republic of South Africa should any claim or question arise under law or jurisdiction based upon diversity of citizenship.
25. Force Majeure
Host Hero shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, terrorism, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labour disputes, shortages of suitable parts, materials, labour or transportation, magnetic interference, interruptions of electrical power or other utility service, unavailability of any telecommunications or wireless service or connection to any telecommunications or wireless service, or any cause beyond the reasonable control of Host Hero.
26. Severability of Terms of this Agreement
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties hereto, and the remainder of the provisions shall remain in full force and effect.
27. Limitation of Actions Arising Under this Agreement
Any cause of action you may have with respect to Host Hero performance or alleged non-performance of this Agreement must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred.
28. Denial of Service
Host Hero reserves the right to refuse or discontinue service to anyone at our sole discretion.
29. Abuse of Host Hero Staff or Support Personnel
29.1. At Host Hero, we take pride in providing excellent service to all of our customers. It is our policy always to treat our customers with the highest level of respect and courtesy. In return, we expect the same respect and courtesy from you.
29.2. If our staff feels that you are consistently engaging in abusive content toward them, or addressing them in a demeaning or rude manner, your account(s) may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for abusive conduct, customers will be given fifteen (15) days’ notice. We will issue a refund only for the unused portion of pre-paid service.
29.3. Abusive conduct includes, but is not limited to, the following behaviours:
Repeatedly addressing members of our staff in a demeaning or rude manner;
Using profanity in any oral or written communications with our staff, by any medium of communication, including but not limited to e-mail, instant messages, chat, text messaging, fax, postal mail, telephone, voice over Internet Protocol (VoIP), or in-person communication;
Yelling or shouting at our staff;
Deliberately using all capital (uppercase) letters in any written communication to our staff;
Insulting our staff because of their personal characteristics, or on the basis of their race, ethnicity, national origin, sex, sexual orientation, religion, or housing or economic status; or
Deliberately providing false information to our staff for the purpose of harassing them or wasting their time.
30. Registrant Education and Domain Name Registrants Rights
For more information about Registrant Education, please click here:
http://www.icann.org/en/resources/registrars/registrant-rights/educational
For more information about Domain Name Registrant Rights, please click here:
http://www.icann.org/en/resources/registrars/registrant-rights/benefits