Terms of Service
This is the Terms of Service for Comtech Internet Services CC (hereafter referred to as Website.co.za), whereby you as Client or Customer, if you have an account with us on this or any of our platforms, agree to these terms and conditions of service.
Website.co.za is a privately owned Web Services Provider based in Bloemfontein, South Africa. We aim to build lasting relationships with all our clients across the 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.
All services provided by Website.co.za 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 (but not limited to):
- 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 marketing (pyramid/Ponzi schemes)
- Dating / community portals of an adult nature
- Hack programs and archives
On full, self-managed hosting services and servers, 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IF YOUR SITE GETS HACKED DUE TO OUTDATED SCRIPTS OR WEAK PASSWORDS THEN THAT IS 100% YOUR RESPONSIBILITY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
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double opt in” (with no electronic proof of opt in 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.
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 reserve the right to make any such modifications in an emergency at our sole discretion.
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 Website.co.za. All rights reserved.
4.) Payment Information
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 Website.co.za of your desire to cancel any or all services received, those services will be billed on a recurring basis, in the interval you chose.
No Contracts – This does not mean you can sign up and then pay whenever you like! We run a Tight Ship at Website.co.za, 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) and Interest to your account. Clients would have received sufficient notification and warnings that your account will be suspended, meaning that clients would have had enough time to contact us and make arrangements. Should your account be suspended due to non-payment you hereby also agree not take any actions against Comtech Internet Services CC or Website.co.za for any loss of communication, data, income, or any other related business or personal losses due to your account being suspended for non-payment.
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.
We reserve the right to change the advertised monthly or yearly payment amount and any other charges at any time.
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 Standard Bank 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.
Changing of Payment periods/packages downwards (DOWNGRADES) will incur a once off admin fee of R200.00 per incident.
Upgrades are always Free of admin fees, only the pro-rata rate of the Upgrade will apply.
Cash Deposits will incur an admin fee of R25.00 for each deposit made and will be added to your next invoice.
Pay by bank transfer/internet banking or PayFast – We charge no fees for that.
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.
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.
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. ONLY the email address used when you registered your service with us can be used to transfer the domain. BE VERY CAREFUL NOT TO ACCEPT TRANSFER TICKETS IF THIS IS NOT YOUR INTENTION TO TRANSFER THE DOMAIN AWAY !
Domains will not be registered to our name unless you specifically ask us to do so in writing.
New 1st-time registered International domains can only be transferred away after 90 days, this applies to all international 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. Website.co.za 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.
We have a standard 7 days refund policy excluding direct costs like domain registration fees, credit card commissions paid to the credit card vendor etc.
We reserve the right to offer no refund whatsoever.
All Approved Refunds Will Only Be Done By EFT Into A Valid Traceable Bank Account. Proof of account must be provided by means of bank statement.
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.
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+VAT 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 before the domain will be released to you.
Any account cancelled within the 1st month after registering will incur an Admin Fee of R250.00+VAT deducted from any refund amount.
7.) 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.
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.) 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 Website.co.za 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 Website.co.za 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, Website.co.za 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 Website.co.za 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 Website.co.za 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:
184.108.40.206 its statements in the Application are accurate and complete;
220.127.116.11 it has the right without restriction to use and register the Domain Name;
18.104.22.168 it has a bona fide intention to use the Domain Name on a regular basis on the Internet;
22.214.171.124 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;
126.96.36.199 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;
188.8.131.52 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;
184.108.40.206 it has selected the Domain Name without any input, influence or assistance from Website.co.za.
9.2.2 Pursuant to the above warranties, Applicant hereby agrees that it shall defend, indemnify and hold harmless Website.co.za, 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 attorney’s fees on an attorney and own client basis. Such claims shall include, without limitation, those based upon trade mark infringement, copyright infringement and dilution, unfair competition, passing off, defamation or injury to reputation. Website.co.za agrees to give Applicant written notice of any such claim, action or demand within reasonable time of becoming aware thereof. Applicant agrees that Website.co.za shall be defended by attorneys of Website.co.za’s choice at Applicant’s expense, and that Applicant shall advance the costs incurred in such litigation, to Website.co.za on demand from time to time.
9.3. Website.co.za 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 Website.co.za 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 Website.co.za 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 Website.co.za calling upon it to do so;
9.4.4 should Website.co.za 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 Website.co.za.
9.5. Applicant acknowledges that all information provided to Website.co.za in the Application may be disseminated and/or published by Website.co.za in a manner generally accepted in the domain name industry, including but not limited to publication of such information on Website.co.za’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 Website.co.za 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 Website.co.za be presented with evidence that indicates that the Domain Name violates the rights of a third party, Website.co.za shall be entitled to provide the complainant with Applicant’s name and contact particulars and all further communication will exclude Website.co.za and Website.co.za will have no further obligations to the Applicant or complainant.
9.8 DOMAIN Name Registration and Renewals
9.8.1 Website.co.za registers all domains in the name of the User. Accordingly Website.co.za 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 Website.co.za will not respond to any request to transfer a domain away from Website.co.za 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.
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 ‘s server.
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
Website.co.za 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 Website.co.za 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.