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Intellihost General Terms and Conditions
Last Updated 16 August 2021

The purpose of the Intellihost General Terms and Conditions is to provide a general Agreement in which Intellihost and the Client will conduct our business relationship and is a set of conditions applicable to most Intellihost Services.

1. Definitions

AgreementCombination of our general Terms and Conditions, product specific Terms and Conditions and all other annexures to any of these documents.
ApplicationThe initiation of any services or goods made by the customer to Intellihost (Pty) Ltd.
Acceptable Usage PolicyThe Intellihost Acceptable Use Policy as outlined within this document.
Business DayAny working day from Monday to Friday that does not fall over an official public holiday in the Republic of South Africa.
Business HourHours between 08:00 – 17:00 on each Business Day.
ChargesThe price(s) levied by Intellihost (Pty) Ltd in respect of goods or services provided to the Customer.
Commencement DateThe date when Intellihost (Pty) Ltd accepts the Customer’s application and begins provisioning services.
CustomerAny natural or juristic person who has entered into an agreement with Intellihost (Pty) Ltd for goods or services.
DataInformation in electronic form that is transmitted, stored, or processed via Intellihost (Pty) Ltd’s infrastructure.
EquipmentAny hardware, software, or devices supplied, maintained, or used by Intellihost (Pty) Ltd in the provision of services.
InvoiceA tax invoice issued by Intellihost (Pty) Ltd reflecting charges payable by the Customer.
Service(s)Any connectivity, hosting, support, or related product or service provided by Intellihost (Pty) Ltd.
Termination DateThe date on which services to the Customer are terminated in accordance with this Agreement.

 

2. Introduction

  • 2.1 – All services rendered by intelli.host for our customers are governed by our agreements in our general Terms and Conditions, product specific terms and conditions and any annexure or service level agreements that was opted in during signup.
  • 2.2 – If there are any conflicts between these agreements they will be interpreted in a priority order of: Consumer Protection Act, 2008, general Terms and Conditions, product specific Terms and Conditions, acceptable usage policy, service level agreement or specified in writing.
  • 2.3 – The combination of these agreements is applicable to all accounts, sub accounts, alternative account names, resellers and partners. The account holder of each such account is responsible for the use of each account regardless of the capacity in which the account is held, and is responsible for the compliance and fulfilment of our agreements in full.
  • 2.4 – The Client agrees to provide Intellihost with the correct and legal information to allow us to initiate and execute any Services as described by the Service Order.
  • 2.5 – 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.

 

3. Amendments to Terms and Conditions

  • 3.1 – Intellihost may, without any prior notice, change the General Terms, Product Specific Terms and Conditions and any other annexures to these Agreements from time to time. Amendments will be posted to our website and Clients will be informed that the Agreements have been changed at earliest convenience by Intellihost via email.
  • 3.2 – The Client is required to keep themselves up to date and informed with such changes to the Agreement and ensure that they understand and are within the boundaries of the Agreement.
  • 3.3 – In the event where the Client objects to any amendments to the Agreement, they may terminate the Agreement and terminative will become effective as per the Termination Schedule in this Agreement.

 

4. Signup and initiation of service and choice of products

  • 4.1 – All signups and imitation of Services require a Service Order completed either telephonically, via email or by ordering services on the Intellihost Website.
  • 4.2 – The Client is solely responsible to ensure it has ordered the correct choice of products during the Service Order and agrees that any information obtained from our website or any service representative from Intellihost is purely informative and may not result in the desired outcomes or best use for any specific requests the Client may have. Intellihost will not be liable for any damage, compensation or refunds for Services rendered according to the incorrect product selection by the Client.
  • 4.3 – Each Service Order is subject to verification and may be extended or refused based on Client verification or Client conduct of previous orders.
  • 4.4 – The Client consents to Intellihost to perform a credit check at a credit bureau of Intellihost’s choice and may amend the Agreement specific for the Order or refuse to render Services based on the outcome of such credit checks.
  • 4.5 – The Client consents to Intellihost sharing credit information with credit bureaus.
  • 4.6 – Intellihost reserves the right to request surety from the authorative officers if a Service Order was made out to a juristic person.
  • 4.7 – Each Service Order will be a separate contract between the Client and Intellihost and no other pending or existing Services and their Agreements are applicable to new Service Orders. Each Service and its applicable Service Order is thus a contract with binding Agreements by itself.
  • 4.8 – Once the Service Order has been accepted the service is deemed accepted however further tasks may hinder the service from being operational like waiting for DNS records to update, setup times of various services and is subject to the availability of an Intellihost service representative to complete such an order.
  • 4.9 – The Client will be notified via email once the Service is operational and working.
  • 4.10 – In some cases, Intellihost is legally required under the RICA law to obtain certain documents and information from the Client. In such cases Intellihost may delay the provision and completing of Service Orders and its applicable Services until all such information has been obtained.
  • 4.11 – In the event where a Client has not complied with all of the requirements to complete a Service Order, Intellihost may delay and eventually terminate this Agreement and will not be liable for any damage suffered by the Client as a result of the delay and / or eventual termination of the Service Order, Agreement and Services.
  • 4.12 – Intellihost has a 7-day cooling-off period that allows the Client to cancel the Service Order and Services linked to it, however, such a Cooling-off period is waivered if the Client has already made use of any of the Services linked to this Agreement.
  • 4.13 – Intellihost reserves the right to stop offering any Services that is deemed to be unnecessary. Such Services will either be honoured for the duration of the current billing term, refunded the amount paid in advance for the specific service or in some cases be swopped out for another applicable or replacement service.

 

5. Clients and commitments

  • 5.1 – The Client may go into this Agreement in it’s personal capacity as an individual or as an incorporated entity such as companies, close corporations, trusts or partnerships.
  • 5.2 – The Client agrees to provide truthful and accurate information to Intellihost required to setup it’s Account and Services according to the Agreement and gives Intellihost consent to share such information with Suppliers where applicable and needed.
  • 5.3 – The Client warrants they it has the legal authority to go into this Agreement with Intellihost and fully indemnifies Intellihost against and loss or damage that may arise due to the Clients misrepresentation or lack of legal authority to go into this Agreement.
  • 5.4 – Intellihost reserves the right to request verification of identity of the Primary Account Holder from the Client and may delay, suspend and terminate all Services the Client has with Intellihost until such identity verification has been completed.
  • 5.5 – The Client agrees that it has the legal authority and contractual capacity to offer consent to go into this Agreement with Intellihost and where applicable has the necessary authority to request for Services to be rendered by Intellihost.
  • 5.6 – Intellihost cannot be held liable for any misrepresentation of the Primary Account Holder going into this Agreement and will not be liable for any damages, costs, waivers, refunds or discounts that may be due to misrepresentation of the Client or its authority to make decisions in its own capacity or that of another legal entity.
  • 5.7 – Intellihost reserves the right to suspend and terminate services when it is found that the Client is exploiting any System that is put in place by Intellihost relating to services, billing or any other transactional service offered.
  • 5.8 – Intellihost will act on behalf of the Primary Account Holder when dealing with disputes between individuals or entities and cannot be held liable for the results of such decisions.

 

6. Client Interactions with intelli.host staff and brand

  • 6.1 – Intellihost has a zero-tolerance policy towards any misrepresentation, malicious conduct or false allegations made towards any Intellihost staff member or within the public domain and reserves the right to suspend and terminate any Services a Client may have with Intellihost when found that such allegations were made falsely.
  • 6.2 – In the event where a Client acts in an abusive manner towards an Intellihost staff member such cases may at the discretion of Intellihost management lead to Services being suspended or terminated. Intellihost has a clear dispute resolution agreement and Clients with grievances should follow the correct dispute resolution channels to resolve any issues they may have.

 

7. Service Support

  • 7.1 – Intellihost offers free support on all of the Services the Client has signed up for and is activated.
  • 7.2 – All support requests must be requested via email by opening a support ticket by emailing the support request to [email protected] – Any other assistance offered by Intellihost which is not via a support ticket should not be considered as part of our product offering but purely as a result that Intellihost ad the capacity to perform such requests. Under no circumstances should the Client assume that Intellihost is able to offer real-time telephonic or in-person assistance or support.
  • 7.3 – Intellihost will respond to all support requests within 8 hours of receipt but offers no guaranteed turnaround time to resolution of any queries. Intellihost will however take all measures to resolve all queries as fast as possible.
  • 7.4 – In the event where a support query may be related to a 3rd party Supplier, Intellihost cannot offer any timeframes or guarantee on a resolution of a support query.
  • 7.5 – Intellihost may offer remote support via TeamViewer billed for at our current hourly rate with a minimum charge of 15 minutes. Intellihost offers no guarantee that during such a remote support session that we would be able to resolve the query and the Client will still be liable for the connection charges. Such charges will be added to the Clients next invoice.
  • 7.6 – Intellihost only offers support on products and Services that directly involves us and our Infrastructure. We do not offer any support on 3rd party packages, software or products that are not either sold or leased to the Client by Intellihost. This includes products like Microsoft Outlook, Office, FileZilla, CMS’s like WordPress or any other product that may be used in conjunction with our Services but that does not form part of the actual Service. Any support we may provide in relation to such products are purely as a need to want to assist the Client and should never be seen as part of our product or Service offering related to this Agreement.
  • 7.7 – The Client agrees that if the Client has requested to Intellihost to connect to the Clients device remotely using a program like TeamViewer, that the Client cannot keep Intellihost liable for any damage, loss, system failure or any negative impact the Client may have as a result of our connection or actions taken during the remote connection session, regardless if the actions were as a result of negligence on our behalf or not.

 

8. Payments, Billing & Penalties

  • 8.1 – All Intellihost services are invoices in advance. This means that an invoice generated will be for the next billing period and not the one that has past.
  • 8.2 – All Intellihost services are billed and invoiced 10 days before the 1st day of the next month leaving all invoices are “due” on the 1st day of each new month.
  • 8.3 – All invoices are considered overdue if not paid 7 days after the due date. In a normal billing month all unpaid invoices will be overdue by or on the 7th of the month.
  • 8.4 – All invoices are sent to the Client via email 10 days before the 1st of the new month and can be obtained and downloaded directly from the Intellihost Client Dashboard. It is the responsibility of the Client to ensure that we have the correct email address to send invoices and the necessary login details to the Intellihost Client Dashboard to obtain current and historic invoices. Intellihost does not make use of any other method to provide Clients with their invoices or statements.
  • 8.5 – Billing for services commences on the date that the service is deemed active by Intellihost and such services are billed on a pro-rata basis unless specifically otherwise specified by Intellihost.
  • 8.6 – Intellihost only accepts payments made via our monthly debit order which runs on the first working day of each month and offers no monthly EFT, credit card or other services for accounts paid on a per month basis.
  • 8.7 – The Client is requested to provide its valid and correct banking details to Intellihost at least 10 days before invoices are due to ensure such debit orders can be made. In the event where a Client does not provide Intellihost with the correct banking details Intellihost reserves the right to suspend the Client’s Services until such information is obtained.
  • 8.8 – Intellihost will automatically double debit an overdue account on the next debit order date if the Clients debit order has returned as unpaid.
  • 8.9 – Intellihost reserves the right to suspend and ultimately terminate any overdue accounts and invoices that is not paid by the 7th working day of the current unpaid billing period.
  • 8.10 – In the event where a debit order has returned as unpaid, the Client must arrange for all outstanding payments to be made via EFT before the 7th of the current billing period to avoid suspension of services.
  • 8.11 – If any banking information provided by the Client has been deemed incorrect or if a Client closes their bank account the Client is responsible to make Intellihost aware of such changes and provide Intellihost with new or updated banking details before the next billing run. If a debit order is returned as unpaid due to incorrect banking information Intellihost reserves the right to immediately suspend or terminate such services until the Client provides new banking information.
  • 8.12 – Intellihost reserves the right to suspend all Services a Client may have in the event of non-payment of any of the Client’s invoices and such Services may only be reinstated once all outstanding invoices are paid in full.
  • 8.13 – In the event where the Clients services may be suspended and / or terminated due to non-payment, the Client will still be liable for costs of such services regardless of the state of the service at the time, and will be required to pay for the service even in suspended state.
  • 8.14 – Suspension due to non-payment may have a waiting period of up to 72 hours before a service may be reinstated
  • 8.15 – Intellihost reserves the right to make use of an external collections agency to collect payment for outstanding invoices if Intellihost is unable to collect such payments from the Client after repeated attempts. This process may involve handing your account over to debt collectors that may result in collection costs and affect your credit record.
  • 8.16 – Intellihost reserves the right to, upon suspension or termination of service, replace your website with a message portraying that your account is suspended due to non-payment.
  • 8.17 – The responsibility remains that of the Client in the event where there is a billing dispute and the Client is to make Intellihost aware of such errors or disputes immediately when they become aware of such concerns. Intellihost will not be held liable for any billing errors or mistakes that may be of a result of a human or systematic error.
  • 8.18 – If it is found that there was a billing error made by Intellihost and the customer has been charged for such mistakes, Intellihost will give the Client the necessary credit on their account to reimburse them for such mistakes that will automatically be deducted from the Clients next invoices and billing run.
  • 8.19 – Intellihost fully reserves the right to suspend or terminate a Clients services for Clients that repeatedly disregards the payment terms set out within this Agreement. Intellihost exclusively holds the rights to make a decision on what is considered to be a “bad payer” and such actions to suspend and ultimately terminate the services of a Client due to frequent non-payment is fully at the discretion of Intellihost.
  • 8.20 – Intellihost reserves the right to change its prices at any time with a 30-day notice to Clients via email communication.
  • 8.21 – Intellihost reserves the right to change its prices at any time within a 7-day notice in the event where there are severe rand/dollar fluctuations affecting the pricing of services outsourced to Suppliers that request payment made in USD.

 

9. Debit Order Authorisation

  • 9.1 – The Client herewith authorizes Intellihost to debit their bank account or credit card of any amount related to the Services the Client has with Intellihost on the 1st working day of each month according to the outstanding amounts for that specific billing period.
  • 9.2 – The Client authorises SagePay, the nominated debit order facilitator to debit their bank account or credit card on behalf of Intellihost. The debit order authority will remain in place until the Clients Services with Intellihost has been cancelled in full.
  • 9.3 – The Client agrees that Intellihost may freely cede, delegate or assign any of its rights or obligations in terms of this debit order instruction without consent from the Client and that the Client may not cede, delegate or assign any of their rights and obligations in terms of this debit order instruction to any third party without the prior written consent of Intellihost.
  • 9.4 – In the event that the payment day falls on a Sunday, or recognised South African public holiday, the payment day will automatically be the preceding ordinary business day.
  • 9.5 – Further, if there are insufficient funds in the nominated account to meet the obligation, Intellihost are entitled to track my account and re-present the instruction for payment as soon as sufficient funds are available in my account.
  • 9.6 – The Client understands that the withdrawals hereby authorized will be processed through a computerized system provided by the South African Banks and I also understand that details of each withdrawal will be printed on its bank statement. Each transaction will contain a number, which must be included in the said payment instruction and if provided to you should enable you to identify the Agreement. A payment reference is added to this form before the issuing of any payment instruction.
  • 9.7 – The Client agrees that although this Authority and Mandate may be cancelled by it, such cancellation will not cancel the Agreement. The Client shall not be entitled to any refund of amounts which you have withdrawn while this Authority was in force, if such amounts were legally owing to Intellihost.

 

10. System and Network Security

  • 10.1 – Intellihost makes use of industry standard security mechanisms by ensuring our Infrastructure is secured within a secure access-controlled Datacenter and implements’ a hardware and software firewalls where possible to attempt to secure the Intellihost Infrastructure, but offers no warranty that security breaches will not take place. Intellihost can not be held responsibility for any data breach or the resulting actions of such a breach, including but not limited to Client damages as a result of loss, corruption or exposure of Client Data, on any Intellihost Service or the Intellihost Infrastructure.
  • 10.2 – In the event that a Client may consider a security violation has taken place, the Client is requested to immediately contact Intellihost which in return will take all possible steps to secure the Client’s Data and ultimately the Intellihost Infrastructure. Steps include but are not limited to changing the Clients access credentials, suspending the Clients Services and taking down a Clients Website that may have been compromised. Intellihost cannot be held liable for any data breach or violation or any periods of downtime that may occur during the investigation and ultimate resolution of such cases.
  • 10.3 – Intellihost cannot guarantee the safety or ability to offer any disaster recovery in the event of a data breach or potential failure of any of the Intellihost Infrastructure equipment. We take all possible measures to avoid such disasters but cannot offer any warranty on the recovery of Client Data or accurate timeframes on the disaster recovery process.
  • 10.4 – The Client agrees to take all possible measures to ensure the integrity and safety of their Intellihost Services and the Intellihost Infrastructure. This includes but are not limited to limiting access to any Intellihost Service to only authorised personnel, not run outdated or content that may be deemed malicious or compromised on an Intellihost System and safeguarding their Data on an Intellihost System with regular local updates (offsite, not hosted on an Intellihost System).
  • 10.5 – Intellihost reserves the right to implement any Security measures to ensure the overall stability and security of all Clients and the Intellihost Infrastructure. Such implementations may result in downtime caused either by compatibility issues and false positives, example where a firewall such as mod security may block legitimate requests. Intellihost cannot be held liable for such implementations and the resulting issues that may occur. It is the responsibility of the Client to notify Intellihost when they suspect that there may be access issues and Intellihost will resolve such issues at our earliest convenience.
  • 10.6 – In the event where a Client offers access to 3rd parties to an Intellihost Service, including partnerships or resellers making use of Intellihost Services, the Client understands that they are responsible for any actions taken by such entities on any Intellihost Service and that Intellihost cannot be kept liable for any damages or loss that may occur during such activities. The Client is requested to contractually bind such entities to the same level of terms and standards as given within this Agreement and that no separate Agreement will be valid within the context of this Agreement.
  • 10.7 – Intellihost reserves the right to, at the discretion of Intellihost, scan and filter any data that resides on the Intellihost Infrastructure to security breaches, malicious content and any other data deemed to put the security on an Intellihost System at risk. In the event where malicious content is found, Intellihost reserves the right to immediately move or delete such data from our Infrastructure without the approval of a Client. The Client understands that such data may not be recoverable.
  • 10.8 – Intellihost reserves the right to request compensation for the investigation and resolution of data violations that may occur on a Clients Service. The Client understands that such time, when found that the Client was at fault, either knowingly or by not implementing secure policies (like having weak passwords or operating a website that is not patched or updated properly), has cost implementations and Intellihost may request compensation to secure a Clients account.
  • 10.9 – Intellihost has necessary systems in place to protect the Intellihost Infrastructure and data to perform disaster recovery from natural or human induced disasters, however, Intellihost cannot guarantee that such mechanisms in place will be able to recover any or all of the Clients Data in the event of disaster. The Client fully understands that the responsibility of data protection remains that of the Client and that nothing within our Agreement should be seen that any of our disaster recovery steps or backups will be successful.
  • 10.10 – In the event of disaster recovery or where data of any kind needs to be recovered, Intellihost cannot provide timelines to any of these. The Client understands and fully indemnifies Intellihost from potential data loss where such disaster recovery processes was unsuccessful and cannot keep Intellihost liable for any timeframes in the recovery process.

 

11. Service Monitoring

  • 11.1 – Intellihost makes use of monitoring systems to monitor the Intellihost Infrastructure. Intellihost does not do monitoring of any specific Client Services (like monitoring your emails or traffic to a Clients website). Where such monitoring does occur, Intellihost does it in accordance to the Regulation of Interception and Provision of Communication-Related Act, 70 of 2003 (“the Monitoring Act”).
  • 11.2 – Intellihost has no interest in the content or data hosted by our Clients on Intellihost Infrastructure apart from where such content or data may be deemed in violation of our Acceptable Usage Policy or where such data may be deemed illegal in any way. In the event where such data is found, Intellihost reserves the right to move, delete such data or in the event where legally required by Intellihost, make copies of such data and provide it to the necessary authorities without notice.
  • 11.3 – Intellihost will not be held responsible for acting on behalf of any of our security clauses outlined above.

 

12. Warranties, Exclusions and limitation of liabilities + Customer indemnities

  • 12.1 – Intellihost warrants that it the facilities, infrastructure, capacity, and capability to provide the Services. Subject always to the provisions of the CPA, to the extent that it is applicable, Intellihost offers our services on an as is, as available, basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Intellihost expressly disclaims any representation or warranty that the Intellihost services will be error-free, secure or uninterrupted.
  • 12.2 – By making use of any Intellihost Service, the Client fully indemnifies Intellihost and holds Intellihost harmless in respect of any damages, loss, costs or claims against Intellihost including but not limited to arising from any application, subscription, use of any Service, downtime, outages, degradation of network services or interruptions or unavailability of Service, degradation of Service, relocation of premises, loss of data or breach of this Agreement applicable to it.
  • 12.3 – Intellihost will not be liable to the client or any third party in respect of any and all damages, loss, claims or costs, of whatever nature and including but not limited to direct, indirect, consequential or special damages, suffered by the client or third party, howsoever arising, and intellihost will moreover not be liable whether the loss was the result of the act or omission of an intellihost employee, vicarious or strict liability.
  • 12.4 – Intellihost will not be responsible for any indirect, incidental, special, or consequential damages or losses arising from the Agreement. This includes loss of profits, revenue, anticipated savings, business transactions, goodwill or other contracts. It is irrelevant if this is due to negligence (carelessness) or breach of contract.
  • 12.5 – In the event that Intellihost is held liable, such liability will not exceed 3 months fees of the Service to which the Liability is held up to a maximum of R2500, whichever is less, regardless of whether the claim arises out of negligence on the part of Intellihost or any other cause.
  • 12.6 – If Intellihost is held liable, liability will be excluded in the event where an Intellihost Service was used along with that of a 3rd party which Intellihost did not provide to the Client. As example, if emails go missing as a result of any actions within Outlook, either by software bug, outdated programs or whatever reason, Intellihost will not be held liable.
  • 12.7 – These limitations on liability and indemnities apply to the benefit of Intellihost and Intellihost Affiliates, directors, officers, employees, contractors, agents and other representatives, as well as any third parties whose networks are connected to the Intellihost System.
  • 12.8 – Nothing contained in this clause will limit the Client’s liability in respect of charges incurred for ongoing Services.
  • 12.9 – If the Consumer Protection Act 68 of 2008 is applicable to this Agreement, and any provision of this clause is found by a court or tribunal with jurisdiction over Intellihost to be unfair, unreasonable or unjust, then that provision (whether it be a word, phrase or sub-clause) will be severed, and the remainder of this clause will have full force and effect.
  • 12.10 – In the case of ambiguity, this clause will take precedence over any expression of the Parties’ intention, whether express or implied, that may be contained elsewhere in this Agreement.
  • 12.11 – In the event where legal action is taken against Intellihost due to the use by the Client of an Intellihost Service, the Client shall take the place of Intellihost and will be liable for all costs, damages and legal fees. Intellihost shall, at the expense of the Client, provide assistance, information and the due authority necessary to perform its obligations under this clause.
  • 12.12 – The client indemnifies Intellihost harmless from all content and actions taken by the Client when using the Services linked to this Agreement.

 

13. Force Majeure

  • 13.1 – We will not be responsible for any breach of the Agreement caused by circumstances beyond our control, including fire, earthquake, flood, civil strike, compliance with government orders, failure of any supplier of electricity as well as no electronic communication service etc.

 

14. Reporting Abuse / Website and services take downs

  • 14.1 – Email: When reporting email abuse including SPAM, such reports need to be made via email to [email protected] along with the date received, the full header and content of such a post.
  • 14.2 – Viruses / malicious content: When reporting malicious content or viruses, such content needs to be emailed to [email protected] along with the full message. As such content may be infected which can result in it not being received, Intellihost requests that such content to be archived (zipped) and then sent or by sending such content in 2 emails to first alert us of such content and the 2nd mail containing the content.
  • 14.3 – Website Take downs: Intellihost, a member of the ISPA, requests that all “website take down” requests to be submitted to the ISPA:
    Internet Service Providers’ Association (ISPA)
    Address: PO Box 518, Noordwyk, 1687
    Telephone: 010 500 1200
    Email: [email protected]
    along with the following information:
    • 14.3.1 – Full name, physical address and contact details including phone number and email address.
    • 14.3.2 – Clear identification of the unlawful material or activity;
    • 14.3.3 – A description of the rights that is believed to be infringed upon.
    • 14.3.4 – Actions you wish to be taken in relation to this claim.
    • 14.3.5 – A statement that the information in your complaint is, to your knowledge, true and correct and that you are acting in good faith
    • 14.3.6 – Your signature, either written or electronic
  • 14.4 – In terms of section 77(2) of the Electronic Communications and Transactions Act, any person who lodges a notification of unlawful activity with a service provider knowing that it materially misrepresents the facts is liable for damages for wrongful take-down.
  • 14.5 – Domain names: All domain name disputes and requests should be referred to the ZACR.
  • 14.6 – Compromised Credentials: In the event where you suspect that any credentials linked to any Intellihost Service, including Intellihost Website credentials, email credentials, FTP or any other passwords linked to an Intellihost account, such cases should be communicated to Intellihost immediately either via telephone or any communication mechanism other than email.
  • 14.7 – Security Reporting: In the event where the Client suspects any irregular activities or security activities, such reports should be emailed to [email protected] along with any supporting logs, screenshots or proof of incident.

 

15. Suspension of services

  • 15.1 – Intellihost reserves the right to suspend or terminate any Services that is found:
    • 15.1.1 – In violation of any points in our Acceptable Usage Policy;
    • 15.1.2 – To have overdue invoices or accounts;
    • 15.1.3 – Repeating not paid up to data or frequent returned unpaid debit orders;
    • 15.1.4 – That the Client has committed any breaches or repeating breaches to any points in this Agreement.
    • 15.1.5 – That the Client’s conduct towards Intellihost may be detrimental to the character of Intellihost.
    • 15.1.6 – That any information provided by the Client, before, during or after the Service signup, is considered incorrect, invalid or an attempt to defraud Intellihost.
  • 15.2 – The Client will not be eligible for any form of reimbursement, refund or compensation during the suspension period of such services.
  • 15.3 – The Client understands that even in the event of suspension for whatever reason, the Client will still be liable for the costs of such Services and that Intellihost will not be held liable for any form of refunds as of the result of Service Suspension.
  • 15.4 – Intellihost reserves the right to report on Clients Service suspension to governing bodies such as the ISPA, authorities and credit bureaus’.
  • 15.5 – Intellihost reserves the right to temporarily suspend Client Services to do maintenance and repairs to any Intellihost Infrastructure as it sees needed without the permission or notice to the Client.

 

16. Cancellation & Termination of services

  • 16.1 – Either the Client or Intellihost may terminate this Agreement, or particular Service, by giving one calendar months’ notice to the other.
  • 16.2 – The Client must give notice of termination to Intellihost via email by sending an email to [email protected] from the primary contact persons’ email address or by the Intellihost Client Area. In the event of email, the email must clearly state which Services the Client wishes to Cancel and the applicable dates.
  • 16.3 – A cancellation will only be deemed accepted once Intellihost has acknowledges receipt of such a Termination notice and it remains the responsibility of the Client to ensure Intellihost has received such a notice.
  • 16.4 – Intellihost reserves the right to refuse a cancellation in the event where there are still outstanding fees the Clients Account with Intellihost and may refuse to action any requests, including the acceptance of a domain transfer, until all outstanding fees have been settled.
  • 16.5 – The responsibility remains 100% that of the Client to take any post cancellation actions. These actions include moving or backing up any data that may be on Intellihost Infrastructure, ensuring that in the event where service is transferred to a new service provider that all such transfer processes are done and completed before the termination date. Intellihost will not take any responsibility in assisting or moving any data from the Intellihost Infrastructure or assist in any services related to moving or cancelling services.
  • 16.6 – Once the termination date has been reached, Intellihost will remove all Client data from the Intellihost Infrastructure. Intellihost will not be held liable for any data loss as a result of this action. The Client must ensure that ALL of their data, even data related to other Services, are backed up, copied or transferred to them or the new service provider.
  • 16.7 – In the event where Intellihost may still have a copy of Client’s data once the termination date has been reached, Intellihost reserves the right to request compensation for the recovery of such data at the discretion of Intellihost, to cover human time costs and data costs to move data to another location other than the Intellihost Infrastructure.
  • 16.8 – Intellihost reserves the right to terminate any services that are considered as free products (like fax2mail) that has not been used in a time period of 60 days. Such services are often managed by an Intellihost Supplier and Intellihost does not have the authority to bypass automatic termination of such Services and has no guarantee that upon request to reactivate such services that we would be able to reinstate the service as it was prior to termination.
  • 16.9 – Intellihost may terminate any Services with immediate effect and without any notice to you if it is found that a Client is in breach of this Agreement, our Acceptable Usage Policy or in violation of any law. In such an event Intellihost reserves the rights to:
    • 16.9.1 – Claim all outstanding fees owed to us.
    • 16.9.2 – Terminate the Clients Services which may include the deletion of data.
    • 16.9.3 – Completely terminate the Clients Intellihost Account and associated data.
    • 16.9.4 – List the Client with a credit bureau, ISPA or any authority where we’re legally required to provide data to (like in an active criminal case).
  • 16.10 – In the event where a Service included any software or hardware owned by Intellihost or any of the Intellihost Suppliers, the Client has to return such items prior to the Termination date and Intellihost has the right to refuse cancellation until such items has been returned to our Johannesburg Offices. If such items have been found damaged, the Client will be held liable for the repair or full replacement cost.
  • 16.11 – If a Client intends on completely terminating their services, without the intend on moving Services to another service provider, the Client has to ensure that they have cancelled all of their Services linked to the primary cancelled Service. The Client will remain liable for costs of “sub services” like domain names, value added services like SpamExperts etc if such Services is on record and invoiced and not cancelled.

 

17. Notices

  • 17.1 – All notices made to Intellihost must be sent to the Intellihost Offices at: Unit 17, Elephant Hills Estate, 24 Arizona Crescent, Northcliff, Johannesburg, 2195.
  • 17.2 – All notices made to a Client from Intellihost will be made to the email address listed as the Primary Contact Person as on the Client’s Intellihost Account.
  • 17.3 – Any notice sent by the Client will only deemed received upon written or telephonic notice by Intellihost to the Client.

 

18. Dispute Resolutions

  • 18.1 – In the event where there are disputes concerning this Agreement, both parties should handle such a dispute in the manner of negotiation without the need of formal proceedings and with the intent of mutual understanding and resolving the matter.
  • 18.2 – All disputes should be provided in writing, detailing the nature of the dispute along with any supporting evidence and should be directed at Intellihost via email to [email protected] where a support ticket will be opened and a support agent will evaluate.
  • 18.3 – Intellihost is required to acknowledge receipt of such complaints within 3 working days and provide an outcome of the complaint within 14 working days.
  • 18.4 – Intellihost has the following dispute resolution process flow:
    • 18.4.1 – Direct negotiation between both parties with the intent on resolving the dispute. Both Intellihost and the Client has 15 days to elect a representative and have such representatives meet within 10 days to negotiate and resolve the dispute in writing. Such meetings can be either in person or where parties are outside of reasonable travel distance, can be done telephonically or any other communication medium agreed by both parties.
    • 18.4.2 – Mediation where a neutral 3rd party will attempt to end the dispute. Such mediation will be managed entirely by AFSA at their offices in Sandton, Johannesburg.
    • 18.4.3 – Arbitration where a neutral 3rd party will make a binding decision about the dispute. Parties will appoint one arbitrator within 15 days. If parties fail to agree on an arbitrator, AFS will appoint an arbitrator.
  • 18.5 – Parties agree to keep all information confidential during a dispute resolution.

 

19. Client and Personal Information

  • 19.1 – The Client agrees and gives Intellihost permission to collect Personal Information on an ongoing basis during the period on which the Client makes use of an Intellihost Service subject to the limitation of our Privacy Policy.
  • 19.2 – Intellihost deems the Client as the entity which has been setup as the Primary Contact Person during signup or sub sequential updates over time. No other party will be considered as having authority over the Account or any Service the Client has with Intellihost.
  • 19.3 – The Client can load additional Contacts from the Intellihost Client Area but such contacts will not be deemed to have any Authoritave control of the Account.
  • 19.4 – The Client gives Intellihost consent to process Personal Information which was transferred to us from an Intellihost System in relation to the use of an Intellihost Service.
  • 19.5 – In the event where a Client transfers Personal Information, either that of itself or another entity, outside of the Republic of South Africa, the Client agrees to comply with all regulations by the Republic of South Africa or any foreign country to which such data may be transmitted and agrees that it has gotten the necessary consent from any party who’s data it transfers outside of the Republic of South Africa and fully indemnifies Intellihost from any claim or action in the event that such consent was not granted.
  • 19.6 – The Client gives Intellihost consent to retain backups of personal information for up to 12 months after a Client has cancelled their Services with Intellihost.

 

20. Intellectual Property Rights

  • 20.1 – The Client Agrees to comply with all laws that apply to any intellectual property.
  • 20.2 – The Client Agrees to not make use of any intellectual property of Intellihost without prior written consent.
  • 20.3 – The Client gives Intellihost non-exclusive license to use its Intellectual property in relation to our rights or fulfil our obligation to providing the Service to the Client.
  • 20.4 – Other than as specifically provided for in Our Hosting Terms, we retain all Intellectual Property Rights employed in or otherwise related to our network infrastructure, business and the provision of any of the Services under Our Hosting Terms.

 

21. Resellers

  • 21.1 – In all instances, the Reseller is responsible for their Clients on the Intellihost Infrastructure. That includes the setup, maintenance and support of their clients and also the conduct exercised by the Client when using a service on the Intellihost Infrastructure.
  • 21.2 – Each client making use of an Intellihost Service, regardless if the client is part of a reseller or not, is obligated to the same conditions outlined within this Agreement, and under no circumstances will a client of a reseller, or the reseller itself, forfeit any obligations or conditions stipulated within this Agreement.
  • 21.3 – The Reseller agrees that it will stand surety for the conduct of their clients in relation to this Agreement, and that the Reseller will undergo the same level of Agreement with their clients.
  • 21.4 – All support requests by a client of the Reseller must be made by the Reseller to Intellihost. If the client continuously contacts Intellihost for support due to the Resellers inability to service such a Client, Intellihost may charge a support fee in relation to our current hourly rate, at a minimum charge of 15 minutes, to service the Client. Such fees will be written to the Resellers accounts and due in the next billing run.
  • 21.5 – Under certain events Intellihost may be obligated to deal directly with the resellers clients. These events include, but are not limited to:
    • 21.5.1 – Intellihost and the client is unable to contact the reseller within 48 hours.
    • 21.5.2 – The Reseller fails to comply with any lawful client request.
    • 21.5.3 – The Reseller fails to pay outstanding fees to Intellihost which may have led to Reseller service suspension.
    • 21.5.4 – The Reseller passes on (dies), in which event, explicitly where there is no other contact to take over the roles of the Reseller, the Reseller irrevocably appoint Intellihost as your attorney and agent to handle all requests related to the Service of the client as may be necessary.
  • 21.6 – In such events, Intellihost will exclusively deal within our own capacity and not as the reseller. Intellihost and its staff will not act as on behalf of the Reseller and all communications will be dealt with under our own brand and business.
  • 21.7 – In the event where a reseller signs up for an Intellihost Service, the reseller must ensure that the Client agrees to this Agreement and all associated policies and Agreement in relation to the Service.
  • 21.8 – Intellihost reserves the right to suspend all Services in relation to a Resellers account if the Reseller has outstanding invoices past their due date, and the same conditions as outlined in this Agreement under Suspension of Services is applicable to the reseller.
  • 21.9 – Intellihost reserve the right to take whatever action we feel necessary at any time to preserve the security and reliable operation of our infrastructure and you undertake that you will not do or permit anything to be done which will compromise Intellihost’ s security.
  • 21.10 – You authorise Intellihost to act on any instruction given by or purporting to originate from yourself or your client, even if it transpires that Intellihost, yourself and your client have been defrauded by someone else, unless you or your client has notified Intellihost prior to Intellihost acting on a fraudulent instruction.
  • 21.11 – All billing related matters, including processing of invoices, debt collections and sub sequential payments, remain the responsibility of the reseller.
  • 21.12 – All fees owed to Intellihost in relation to the services offered to your Clients by a Reseller remains the responsibility of the Reseller and is payable to Intellihost as soon as they become due.
  • 21.13 – The Reseller remains obligated to continually pay for any Service Fees that are due in the event where there is a dispute between the Reseller and the clients and under no circumstances will any fees be forfeited.
  • 21.14 – The Reseller unconditionally and irrevocably indemnify Intellihost and agree to hold Intellihost free from and harmless against all losses suffered or incurred by Intellihost as a direct or indirect result of the Reseller or it’s clients use of the Services, or any downtime, outage, interruption in or unavailability of the Services.

 

22. Availability of Service and warranties

  • 22.1 – All new orders are subject to availability and Intellihost cannot guarantee that any new Services ordered by the Client will be available for provisioning or provide accurate timelines on the provisioning of such services even if our website informs you that such Services are ready for usage. Intellihost will notify a Client in the event of such failure to provision with alternatives and timelines on availability.
  • 22.2 – Although Intellihost does all possible measures to ensure that our services are available and error free, all services offered by Intellihost are offered without any warranty and the Client’s usage of such Services is at the discretion and the risk of the Client. We will establish and maintain reasonable security measures to secure the integrity and confidentiality of any personal information that we host or store for you as referred to in section 19 of the Protection of Personal Information Act 2013 (POPI).
  • 22.3 – The Client agrees that Intellihost cannot be held liable or responsible for any data loss of any nature that may occur during the Client’s usage of an Intellihost Service. Data loss includes but are not limited to the storage and files, emails, websites or any other material that may reside or be transferred to and from an Intellihost Service. The Client is requested to make regular backups of all data and the responsibility of such data, even in the event where such data was not transferred to an Intellihost Server by the Client or any known affiliate themselves (like the receival of emails) are completely the responsibility of the Client.
  • 22.4 – Intellihost reserves the right to setup, provision and maintain Client Services on the infrastructure of Intellihost’s choice. Intellihost cannot be held liable for any performance degradation or downtime that may occur in the event that data is moved or transferred between servers or machines located within the Intellihost Network or Infrastructure.

 

23. Interpretation and general

  • 23.1 – Whole Agreement. This Agreement is the whole of the agreement between the Client and Intellihost, and no document or statement not mentioned above will form part of it.
  • 23.2 – Conflict in meanings: If there is a conflict in meaning within the provided Agreement and sub sequential documents, the following order will apply, from highest to lowest:
    • 23.2.1 – Product Specific Terms & Conditions
    • 23.2.2 – General Terms & Conditions (this document)
    • 23.2.3 – Acceptable Use Policy
    • 23.2.4 – Privacy Policy
    • 23.2.5 – Additional Policies that may be introduced by Intellihost from time to time to whom we’ll give the Client notice to.
    • 23.2.6 – Any documents incorporated by reference within this Agreement.
  • 23.3 – No variation: No changes made by the Client to the Agreement are effective unless in writing by Intellihost.
  • 23.4 – Waiver: Any favor given to the Client by Intellihost will not affect any of the rights of Intellihost against the Client.
  • 23.5 – Applicable Law & Jurisdiction: The law of the Republic of South Africa will apply to this Agreement, its interpretation and any matter or litigation relating to or arising from it, and the parties consent to the jurisdiction of the courts of Republic of South Africa in this regard.
  • 23.6 – Survival: If any term is void (invalid), unenforceable, or illegal, the term may be severed (removed) from and will not affect the rest of the Agreement if it does not change its purpose. Despite termination of the Agreement, any clause, which, from the context, contemplates on-going rights and obligations of the Parties, will survive the termination and continue to be of full force and effect.
  • 23.7 – No Indulgence: If one party chooses not to enforce any part of this Agreement, that does not mean that the party cannot enforce that part at a later time. If any part of the Agreement is found to be unenforceable, the rest will still be enforceable.
  • 23.8 – Representatives: The signatories hereto acting in representative capacities warrant that they are authorized to act in such capacities, and accept personal liability under this Agreement should they prove not to be so authorized.
  • 23.9 – Reading Down: If a provision of this Agreement is reasonably capable of an interpretation which would make that provision valid and enforceable and an alternative interpretation that would make it void, illegal, invalid or otherwise unenforceable, then that provision shall be interpreted, so far as is possible, to be limited and read down to the extent necessary to make it valid and enforceable.
  • 23.10 – Severance: In the event that any part of this Agreement is found to be partially or fully unenforceable because it does not comply with any law, or for any other reason, this will not affect the application or enforceability of the remainder of this Agreement.
  • 23.11 – Non-transferability: The rights and privileges held by the Client under this Agreement cannot be sold or transferred without the written consent of Intellihost.

 

24. Data Protection

  • 24.1 – 1. This addendum will be applicable to all personal information as defined in the Protection of Personal Information Act, 4 of 2013 (“POPI”).
  • 24.2 – By either Party submitting any personal information to the other, the disclosing Party unconditionally and voluntarily, consents to the processing of the submitted personal information for any and all purposes related to this agreement.
  • 24.3 – The Parties agrees and consent that its personal information may be processed by, or on behalf of either of the Parties for the purposes set out in the Agreement.
  • 24.5 – The Parties shall at all times comply with its obligations and procure that each of its Affiliates comply with their obligations under POPI.
  • 24.5 – The Parties shall ensure that any personal information that is processed by it in the course of performing its obligations under the Agreement is done in accordance with POPI.
  • 24.6 – Each Party shall not process, disclose or use personal information except:
    • 24.6.1 – to the extent necessary for the provision of Services and/or Products under the Agreement; or
    • 24.6.2 – to fulfil their own obligations under the Agreement; or
    • 24.6.3 – as otherwise expressly authorised by the other Party in writing.
  • 24.7 – Each Party shall not disclose any personal information to any Third Party without the other Party’s prior written consent in each instance, other than to the extent required by any Regulator or Law.
  • 24.8 – In the event the other Party providing such consent necessary for the disclosure of personal information to a Third Party, each Party shall:
    • 28.8.1 – make such disclosure in compliance with POPI; and
    • 28.8.2 – enter into a written agreement with the applicable Third-Party recipient of such personal information that requires such Third Party to safeguard the personal information in a manner no less restrictive than each Party’s obligations under these terms.
  • 24.9 – The Parties shall implement and maintain an effective security safeguards that includes, but is not limited to administrative, technical, and physical safeguards, and appropriate technical and organisational measures, in each case, adequate to insure the security and confidentiality of personal information, and to protect against any anticipated risks to the security or integrity of personal information, protect against unauthorized access to or use of personal information, protect personal information against unlawful processing or processing otherwise than in accordance with this agreement, and protect against accidental loss, destruction, damage, alteration or disclosure of personal information.
  • 24.10 – Without limiting the foregoing, such safeguards and measures shall be appropriate to protect against the harm that may result from unauthorised or unlawful processing, use or disclosure, or accidental loss, destruction or damage to or of Personal Information and the nature of the personal information, and shall maintain all safeguard measures as is required by POPI.
  • 24.11 – Each Party shall not use, process, store, transfer or permit access to any personal information across the borders of South Africa, without the written consent of the other Party.
  • 24.12 – In the event of any actual, suspected or alleged security breach, including, but not limited to, loss, damage, destruction, theft, unauthorized use, access to or disclosure of any personal information, each Party shall:
    • 24.12.1 – notify the other Party as soon as practicable after becoming aware of such event;
    • 24.12.2 – provide the other Party will all information regarding the breach in the Party’s knowledge and possession to allow the Party to ascertain what has occurred and which personal information has been affected;
    • 24.12.3 – promptly take whatever action is necessary, at each Party’s own expense, to minimise the impact of such event and prevent such event from recurring.
  • 24.13 – The Client hereby authorizes Intellihost to transfer personal data outside the borders of South Africa for the purposes of fulfilling it’s contractual duties. The data will enjoy no less protection than it does in South Africa.
  • 24.14 – For any POPI related queries, complaints or requests to delete information, the Client should contact the information officers at Intellihost by sending an email to [email protected] with the request.

Acceptable Usage Policy
Last Updated 9 December 2017

The Acceptable Usage Policy is a set of policies that forms part of this Agreement that governs the acceptable usage of Intellihost services by the Client and outlines what Intellihost considers as acceptable, and non-acceptable usage of the Intellihost Services. Complaints relating to the violation of this AUP should be submitted in writing to [email protected]


1. Acceptable Usage Policies

  • 1.1 – Intellihost reserves the right to take action to any individual or organisation that violates our AUP which includes but are not limited to the suspension and termination of Clients Services related to this Agreement, request for the reimbursement of human time lost due to the remedies of such violations and take legal action against such entities to the fullest extent of the law.
  • 1.2 – The Client agrees to only make use of Intellihost Services and our Systems for purposes that are Lawful and does not violate any laws within the Republic of South Africa and international laws. This includes but are not limited to the transmission, storage or distribution of:
    • 1.1.1 – Pornography of any kind
    • 1.1.2 – Gambling Websites
    • 1.1.3 – Obscenities and discrimination
    • 1.1.4 – Hate Speech
    • 1.1.5 – Content that is intended to insight violence, hatred or cause injury to others.
    • 1.1.6 – Inappropriate or defamatory material of any individuals
    • 1.1.7 – Violation of any Intellectual Property Laws including copyright, trademarks or trade secrets.
    • 1.1.8 – Violation of the privacy of others
    • 1.1.9 – Fraudulent activities including operating false websites, phishing websites or systems that is intended on collecting data for the purpose of defrauding an individual or organisation.
    • 1.1.10 – Impersonation of an individual or organisation.
    • 1.1.11 – Pirated content or any content without the permissions of the content distributors.
  • 1.2 – The Client agrees to not make use on an Intellihost Service or an Intellihost System for any purpose that may threaten the security, functionality or integrity of the Intellihost Systems. This includes but are not limited to:
    • 1.2.1 – Operating any kind of Software on the Intellihost Network for malicious purposes
    • 1.2.2 – Attempting or executing DDOS commands to a foreign network from an Intellihost System.
    • 1.2.3 – Attempting to expose network or system vulnerabilities to or from an Intellihost System.
    • 1.2.4 – Attempting to gain access to secure areas of an Intellihost System or access to other Clients Accounts or data.
    • 1.2.5 – Hacking or spoofing requests to or from an Intellihost System
    • 1.2.6 – Any attempts to bypass security protocols put in place to gain access to authenticated or secure areas of Intellihost or any of our Clients.
    • 1.2.7 – Activities that may disrupt Intellihost Services that includes DDOS attacks, flooding of a network or deliberately attempting to overload specific intellihost Services or external networks from an Intellihost System.
    • 1.2.8 – Distribution of malicious content from or to an Intellihost Service and System that includes viruses, malware, ransomware or other harmful components that may threaten another individual.
    • 1.2.9 – Unauthorised monitoring of an Intellihost Service or System without the consent of Intellihost.
    • 1.2.10 – Operating, executing or running any form of service on an Intellihost System that has known vulnerabilities or weaknesses that may jeopardize the integrity of the Intellihost Network.
  • 1.3 – The Client agrees to not make use of any Service or an Intellihost System to send, distribute or manage any unsolicited mail or spam irrespective if it’s for commercial purpose or not. This includes but are not limited to:
    • 1.3.1 – Sending emails to another party with the pre-knowledge that such mails may be considered as SPAM example sending a newsletter without the receiving party “opting in” to receive such mails.
    • 1.3.2 – Sending SPAM or unsolicited bulk emails.
    • 1.3.3 – Sending newsletters or content without the appropriate consent of the receivers
    • 1.3.4 – Continuous sending of emails or messages to recipients without the option to “OPT OUT” or ignoring such “OPT OUT” requests and continually sending such messages.
  • 1.4 – Should a Client reside, temporarily or permanently, in a country other than the Republic of South Africa, the laws of that country will be applicable to this agreement and any unlawful activities done on an Intellihost System will be considered illegal and Intellihost will obey and assist in the investigation and prosecution of the individuals or entities where legally required to do so.
  • 1.5 – Intellihost offers unlimited bandwidth on all of our hosting packages which is intended for usage of websites and email facilities of small businesses, and not that of large content-heavy websites or medium- to large organisations. Intellihost, at our discretion, may suggest and ultimately move services to a separate hosting or server based hosting solution that would be better for the Client and their operation. Such cases including the cost implications will be communicated to the Client which may terminate this Agreement and their Intellihost Services if they do not agree with such suggestions.
  • 1.6 – Intellihost strictly prohibits the usage of a hosting package for any usage other than operating a website and email facilities on it. Any usage of a hosting product for data storage, archiving, file sharing or operating any system such similar to Dropbox, Nextcloud or other systems that transmits files is strictly prohibit.
  • 1.7 – Intellihost strictly prohibits the unauthorised storage and / or distribution of copyrighted material on any of our Systems, including email, hosting and servers.
  • 1.8 – Intellihost regularly updates our Systems with security updates and upgrades, patches and additional implementations that increases the security on our network and that of our customers. Such updates are done at the discretion of Intellihost which cannot be held liable for any disruption of a client services such as websites not working after such upgrades have been completed. Clients are requested to keep their websites up to date at all times and patched up to ensure that their systems will work when upgrades are completed.
  • 1.9 – Under no circumstances will Intellihost be liable for the backup or restoration of services related to our shared hosting, emails or servers. The backup of such data is the sole responsibility of the Client and Clients are requested to make frequent backups of emails, websites and any other material that may reside on any of the Intellihost Systems to avoid data loss.
  • 1.10 – Clients are requested to at all times only make use of software or systems that are optimized and does not pose any unnecessary load on our Systems or pose security risks such as poor security controls, weak passwords or not tested for SQL injection and other malicious.
  • 1.11 – Clients making use of WordPress or another popular CMS or system is obligated to perform regular updates to such systems to ensure data integrity. Intellihost reserves the right to disable or take down such websites if it is outdated with known security vulnerabilities or has been compromised.
  • 1.12 – Mining for cryptographic currencies on any of the Intellihost Systems is strictly prohibited.
  • 1.13 – Clients are fully responsible for their own Intellihost Services and Intellihost will not be held liable for any unauthorised access to any of the Clients Services. This includes but are not limited to:
    • 1.13.1 – An Intellihost account which was accessed without authorisation
    • 1.13.2 – Compromised websites which may have been defaced
    • 1.13.3 – Compromised websites that send bulk / unsolicited emails.
    • 1.13.4 – Email accounts that were compromised
  • 1.14 – Any activity or conduct that is likely to be in breach of any applicable laws, codes or regulations including the Electronic Communications and Transactions Act 25 of 2002 (see ECT Act) which renders the Client liable to a fine or imprisonment;

2. Acceptable Usage Policy Complaints Resolution

  • 2.1 – Intellihost, upon receiving a complaint or by our own internal monitoring, will take the following actions to resolve an AUP breach:
    • 2.1.1 – Intellihost will contact the Client to inform it of such complaints and outline an immediate plan to resolve such a complaint. In the event where it is found that any part of an Intellihost Service may have been compromised, such services will be suspended immediately, either by suspension of the service as a whole or by locking down the compromised Service like for example taking down a compromised website.
    • 2.1.2 – The Client is requested to remedy such complaints within an agreed upon timeframe based upon the severity of such an issue.
    • 2.1.3 – If the Client does not remedy and fix the breach, Intellihost fully reserves the right to suspend, or keep suspended, the Intellihost Service that is related to the claim / breach.
    • 2.1.4 – If the Client notifies Intellihost that such remedies have been applied and Intellihost finds it to be false or such services are reinstated but the original complain re-occurs, Intellihost reserves the right to again suspend and ultimately terminate the services of the Client with immediate effect without compensation or refunds of any nature.
  • 2.2 – Intellihost reserves our right to not take action against violations of our AUP.
  • 2.3 – Intellihost reserves the right to pursue civil remedies for any costs associated with the investigation and resolutions to any AUP violations and in the event of such violations to be considered unlawful, will communicate such violations to the appropriate law authorities including the sharing of personal data where required by law.
  • 2.4 – Intellihost will not provide credit or any form of refunds for downtime of any Intellihost System that is either suspended or terminate due to the active investigation or pursued resolution of any AUP breaches.

Device Backups (Redstor) Terms & Conditions
Last Updated 9 December 2017

The Terms & Conditions listed on this page, along with our General Terms & Conditions, acts as the Agreement in which Intellihost will provide device backup services to the Client, and together acts as the Agreement in which both parties will do business.

 

By requesting of Intellihost to render device backup services to the Client, the Client agrees that it has read, understood and agrees to the Terms & Conditions and that our relationship within the context of the Services with be governed by this Agreement.

 

1. Disclaimer

  • 1.1 – Unless the context clearly indicates to the contrary, any term defined in the General Terms will, when used in these Specific Terms, bear the same meaning as defined in the General Terms.
  • 1.2 – Intellihost will take all possible measures to ensure that we can offer, maintain and support the Service to you, however, we offer no warranty that the Services are always available, error-free, updated and reliable. The Service is thus offered to the Client “as is” and “as available” and the Client accepts that using our Services is at their own risk.
  • 1.3 – Intellihost reserves the right to suspend or terminate any backup account where it is found that the Client is in breach of either the Backup Specific Terms and General Terms or any other Policy linked to this Agreement.
 

2. Backups and limitation of liability

  • 2.1 – The Client hereby agrees to indemnify and hold harmless Intellihost, its members, directors, employees, agents, sub-contractors and any member of the Intellihost Personnel from and against all and any loss, damage and/or action that Intellihost or its members, directors, employees, agents, sub-contractors or any member of the Intellihost Personnel may suffer or incur as a consequence of the failure of any or of all the said back-ups of the Client or any failure to make such back-ups.
  • 2.2 – The Client acknowledges and agrees that (i) while Intellihost undertakes in good faith to provide and maintain the general routines and maintenance regarding the back-up of the Client’s data, due to the very nature of data management, the Client is required to take ultimate responsibility for the back-ups. Therefore, the making of back-ups of the Client’s data, of any nature whatsoever, does not form part of the Service and it is accordingly entirely the responsibility of the Client to make its own back-ups on a regular basis or upon such basis as may be prescribed by Intellihost or any member of the Intellihost Personnel from time to time; and (ii) neither Intellihost, its members, directors, employees, agents, sub-contractors or any member of the Intellihost Personnel shall be responsible for any failure by the Client to ensure that its aforesaid data is properly backed up or for any failure of the back-up itself.
 

3. Ownership

  • 3.1 – The parties agree that Ownership of the Software shall vest in Intellihost and nothing in this Agreement shall be construed as conferring on the Client or any other person on its behalf any right, title or interest in the Software other than the Client (having the rights set out in this Agreement). The Client shall not acquire ownership of the Software on the delivery thereof or during or after the termination of this Agreement unless the Client elects to purchase the Redstor software licenses outright. This would require the Client to purchase the software licenses on a perceptual licensing model and would fall outside the scope of this agreement.
 

4. Maintenance

  • 4.1 – It is recorded that this Agreement applies only to the hiring of the Software and that the Rental stipulated in the Agreement particulars do not include any payment in respect of maintenance.
 

5. Assumptions

  • 5.1 – Monitoring of backup’s and backup success and selection/data selection for backup purposes is the responsibility of the Client.
  • 5.2 – Servers and workstations have enough local disk space to store the local data and run the system.
  • – The amount of history with the backup will contain will depend on the amount of storage space the storage platform has. We plan to allow for one month’s history in the initial configuration based on the current volume of data and expected changes per day.
  • 5.3 – Archiving can be done for a nominal charge at the customers’ request. Any assistance required to restore data will be an additional charge.
  • 5.4 – Monitoring of backup’s and backup success and selection/data selection for backup purposes is the responsibility of the Client.
  • 5.5 – Intellihost has no control over the Clients local I.T. environment, the type and quantity of data stored, the ongoing configuration of the software, the machines it is running on (or collecting data from) including connectivity from the Clients offices to the storage platform, Intellihost therefore accepts no liability for content or the success or failure to store or restore the Clients data or any part thereof.
  • 5.6 – Due to encryption, loss of encryption keys and passwords will result in a total loss of all data and a failure to recover in the event of a disaster. Preservation of this information is solely the responsibility of the Client and Intellihost therefore accepts no liability in the event of failure to recover data due to this information not being available.
  • 6.6 – The Client accepts that Intellihost cannot be held liable for the timeframe or data usage for data to be uploaded or downloaded from our Infrastructure.

Debit Order Mandate
Last Updated 10 May 2019

The below Terms & Conditions are specifically related to Customers making use of our Debit Order facility.

 

1. Debit Order Mandate

  • 1.1 – I/we are duly authorised to complete this online Agreement and by my completion hereto, confirm that I/we shall have no claims against Intellihost arising out of this Agreement
  • 1.2 – I/we agree that that a monthly debit order will be processed against my/our bank account, as detailed on my client panel, each and every month, commencing on the Commencement Date and will continue for so long as I/we are indebted to intellihost in respect of any amounts listed on my client account panel, or until notice of cancellation of this Agreement is made by me/us in writing to Intellihost
  • 1.3 – I/We agree that this Agreement will be subject to the standard terms and conditions of Intellihost
  • 1.4 – I/We agree that in the event that any debit order due in terms of this Agreement is rejected by my/our bank, all related bank rejection fees and the full amount of the monthly debit order, that remains unpaid, will be due and payable immediately on demand by Intellihost and that any products or services provided by Intellihost in respect to services rendered in your client account dashboard, may be suspended immediately – undertake to ensure that adequate funds are available in the bank account detailed in this Agreement, to cover the amounts due in terms of this Agreement.
  • 1.5 – I/we undertake to inform Intellihost of any changes to my/our bank account details listed in the Banking Details of this Agreement.
  • 1.6 – I/we agree that the first and last debit order amount will be adjusted to take into account any amount due in arrears or paid in advance as a result of the commencement date of this Agreement not being the 1st day of

 

ISPA Code of Conduct

A. Interpretation

  1. Each ISPA member is required to comply with the Code insofar as those sections of the Code are relevant and applicable to the services provided by that member.
  2. This Code applies to Internet services offered by ISPA’s members. In cases where a division of a company applied for ISPA membership then the Code only applies to the services and products offered by that division.
 

B. Freedom of expression

  1. ISPA members must respect the constitutional right to freedom of speech and expression.
 

C. Privacy and confidentiality

  1. ISPA members must respect the constitutional right of Internet users to personal privacy and privacy of communications.
  2. ISPA members must respect the confidentiality of customers’ personal information and electronic communications. ISPA members must only gather or retain customer information as permitted by law, and must not sell or distribute such information to any other party without the written consent of the customer, except where required to do so by law.
 

D. Informational requirements

  1. ISPA members must provide the following information on their web sites: their registered name, email address, telephone number and physical address.
 

E. Consumer protection and provision of information to customers

  1. ISPA members must inform their customers that members of ISPA must uphold and abide by this Code of Conduct. Members’ web sites must include a reference to ISPA membership, a prominent copy of ISPA’s logo and a link to the section of the ISPA website that contains the Code of Conduct, complaints and disciplinary procedure and the take-down procedure.
  2. ISPA members must have policies for acceptable or fair use for their Internet access services. This policy must be made available to customers prior to the commencement of any such service agreement and at any time thereafter, on request.
  3. Policies for acceptable or fair use must include:
    • a requirement that the customer will not knowingly create, store or disseminate any illegal content;
    • a commitment by the customer to lawful conduct in the use of the services, including copyright and intellectual property rights; and
    • an undertaking by the customer not to send or promote the sending of spam.
  4. In their dealings with consumers, other businesses, each other and ISPA, ISPA members must act fairly, reasonably, professionally and in good faith. In particular, pricing and other material information about services must be clearly and accurately conveyed to customers and potential customers.
  5. ISPA members may only offer service levels which are reasonably within their technical and practical abilities.
  6. ISPA members must comply with all compulsory advertising standards and regulations.
 

F. Terms and conditions

  1. ISPA members must make available to customers (and potential customers) any applicable terms and conditions prior to the commencement of any contract. Terms and conditions must include all information and terms relevant to the relationship with the recipient of the service.
  2. Terms and conditions must give an ISPA member the right to remove any content hosted by that member which it considers illegal or for which it has received a take-down notice.
  3. Terms and conditions must give the ISPA member the right to suspend or terminate the service of any customer that does not comply with the terms and conditions, acceptable or fair use policies, or any other contractual obligations.
 

G. Unsolicited communications (“spam”)

  1. ISPA members must not send or promote the sending of unsolicited electronic communications and must take reasonable measures to ensure that their networks are not used by others for this purpose.
  2. ISPA members must provide a facility for dealing with complaints regarding unsolicited electronic communications originating from their networks and must react expeditiously to complaints received.
 

H. Cyber crime

  1. ISPA members must take all reasonable measures to prevent unauthorised access to, interception of, or interference with any data on that member’s network and under its control.
 

I. Protection of minors and vulnerable persons

  1. ISPA members must take reasonable steps to ensure that they do not offer any paid services to minors without written permission from a parent or guardian.
  2. ISPA members must provide Internet access customers with information about procedures and software applications which can be used to assist in the control and monitoring of minors’ access to Internet content. This requirement does not apply to corporate customers where no minors have Internet access.
  3. ISPA members must have processes in place to respond to directives issued by a court in terms of any applicable legislation, including but not limited to:
    • the Protection from Harassment Act (No. 17 of 2011); and
    • the Maintenance Act (No. 99 of 1998)
  4. ISPA members must have processes in place to ensure that they comply with the requirements set out for ISPs in the Films and Publications Act (No. 65 of 1996) as amended.
 

J. Lawful conduct

  1. ISPA members must conduct themselves lawfully at all times and must co-operate with law enforcement authorities within the applicable legal framework.
  2. ISPA members must respect intellectual property rights and not knowingly infringe such rights.
  3. ISPA members must uphold and abide by this Code of Conduct and adhere to the associated complaints and disciplinary procedures.
 

K. Unlawful content and activity

  1. There is no general obligation on any ISPA member to monitor services provided to customers, but a member is obliged to take appropriate action where it becomes aware of any unlawful content or conduct.
  2. ISPA members must not knowingly host or provide links to unlawful content, except when required to do so by law.
  3. If an ISPA member becomes aware of conduct or content which has been determined to be illegal, it must suspend or terminate the relevant customer’s service and report the conduct or content to the relevant law enforcement authority. The ISPA member must report such cases and any action taken to ISPA within a reasonable period of time.
  4. ISPA members must establish a notification and take-down procedure for unlawful content and activity in accordance with ISPA’s take-down notification procedure, and respond expeditiously to such notifications.
  5. ISPA members must submit a report to ISPA on the steps taken in response to a take-down notice within a reasonable period of time after such a notice is lodged.
  6. ISPA members must keep a record of all take-down notices received and any materials taken down for a period of at least three years unless possession of such materials is illegal.
 

L. Voluntary codes of best practice

  1. ISPA publishes a number of voluntary codes of practice and best practice documents. ISPA’s members are not obliged to comply with these additional codes. If a member has indicated that they are voluntarily complying with any additional codes, then they are required to do so as an extension of this Code of Conduct.
 

M. Compliance with the Code of Conduct

  1. ISPA members must receive and investigate complaints made in accordance with this Code of Conduct and any additional codes of practice or best practices a member has voluntarily complied with, unless such complaints are frivolous, unreasonable, vexatious or in bad faith.
  2. ISPA members must make all reasonable efforts to resolve complaints in accordance with the complaints procedure.
  3. ISPA members must co-operate with ISPA in accordance with the complaints and disciplinary procedures and comply with any decisions taken by ISPA with respect to the Code of Conduct and complaint and disciplinary procedure.
  4. ISPA members must submit an annual statement to ISPA confirming their compliance with the Code of Conduct.
  5. ISPA members accept that ISPA has an obligation to audit member compliance on an annual basis and perform regular compliance spot checks, and must co-operate with ISPA during such audits or spot checks.
  6. ISPA may investigate the conduct and compliance with the Code of Conduct by members on its own initiative and may, if appropriate, institute disciplinary proceedings as set out in the Code of Conduct complaint and disciplinary procedure.
 

N. Alterations

  1. ISPA reserves the right to make alterations to this Code of Conduct from time to time. Such amendments are binding on all ISPA members. The current Code of Conduct will be maintained on the ISPA’s website.

 

VersionEffective date
1.02002-09-12
1.12007-01-31
1.22007-12-02
1.32008-02-21
1.42008-07-13
2.02008-08-22
3.02016-06-01
3.12023-06-05

LTE Connectivity
Last Updated 31 May 2021

1. GENERAL

1.1 – Intellihost does not manage or operate any of the infrastructure or towers for any LTE service. Such management is exclusively managed by the underlying provider thus any outages or service interruptions requires restores by the underlying provider. Intellihost cannot be held liable for any damage, downtime or losses which may occur during the event of service outages, including any rebates back to the client due to “downtime”.

1.2 – Pricing is subject to change at short notice due to supplier pricing changes or ROE. Such pricing changes will be communicated with you via email to the email address used when creating your Intellihost profile.

1.3 – Your signup month will only allocate pro-rata data at a reduced rate. Total amount available and amount to be paid will be discussed with the client on signup date.

1.4 – Signups after the 20th of the month will be billed for current month and following month as first payment.

1.5 – Package upgrades and downgrades must be made before the 20th of the month and will only be changed for the next / following month. Changes on or after the 20th will only be active in 2 months.

1.6 – Cancellations require 1 month calendar notice. Cancellations cannot be processed within the current month (so if you cancel in May, your package can only be cancelled end of June, regardless on which day of May you cancelled)

1.7 – Unused top up or anytime data rolls over for 1 month. Night surfer data does not roll over.

1.8 – All packages have a once-off activation fee which is non-refundable

1.9 – Packages require a minimum 6-month commitment.

1.10 – Intellihost has no control over coverage of any LTE network and coverage may be affected over time depending on new tower rollouts or outages due to faulty networks. It remains the responsibility of the client to ensure they have coverage for the package they wish to obtain and no refunds will be provided to clients who took a package where there is no network coverage in their area.


2. MTN Fixed LTE

2.1 – MTN Fixed LTE requires a specific router which has LTE-A settings. It remains the clients responsibility to ensure that they have a compatible device suitable for MTN Fixed LTE, which includes Huawei B612, B618, B535 and B525 routers.

2.2 – MTN is a “fixed LTE” service which means that once the package is activated, the package is locked to their closest tower. You will not be able to travel with your MTN fixed-LTE service. Your service will be suspended by MTN when it is detected that your router connects to a different tower.

2.3 – In the event where you need to move your service, we need 30 days notice to update the MTN system. Should you fail to notify Intellihost of your address change, your service will automatically be suspended by MTN once connected to a different area and may take up to 48 hours to rectify.

2.4 – MTN Fixed LTE is a best effort service with no minimum service levels offered. Speeds will differ and no minimum speeds are guaranteed. Many factors determine the speed and quality of service which will be achieved such as but not limited to, distance, weather, interference around and within the property.

2.5 – The service is a monthly billed service which will continue on a month to month basis until cancelled. Cancellations require a calendar months’ notice and must be submitted via the Control Panel or via email to [email protected], cancellations cannot be set on the last 2 days of each month. The service can be set to upgrade or downgrade at any time (before the 20th of each month) but the new service will only be effective from the 1st of the following month provided no Service Change rules are in place.

2.6 – You are able to purchase additional data should your monthly allocation run out. This is a once off purchase which you pay for immediately. Unused topup data will rollover for one month. E.g. Purchase 10GB of Topup data on 15 October, 6GB is used up until 31 October, the remaining 4GB will be carried over to November and will be available to use up until 30 November, thereafter it will fall away. Data that has over run the available data total will be deducted from your next top-up. Example, 100GB purchased, 105GB used before capping takes place, top-up with 10GB only 5GB will be allocated.

2.7 – Unused monthly data as well as topup data will rollover for 1 month. At the start of each month the rolled over data (monthly and topup) will be used first, once exhausted the monthly allocation will be used.

2.8 – Night time data (where applicable) is free data that is available to use everyday between 12am and 6am. Data used during these hours will be deducted from the Night time available data balance. When Night time data is depleted, the available monthly data will be used. Night time data is Promotional data and Intellihost reserves the right to withdraw it should it be deemed necessary.

2.9 – This service is a Fixed LTE service which is only available on LTE Technology (excludes 3G and 2G technologies). The service is only available at pre-defined locations as provided by MTN. During the sign up process availability will be determined according to the address provided, this is due to service availability being limited per location/area in order to provide an optimal service experience. The sim will be locked to the location provided at sign up, this location must also be the location where the first connection is made and cannot be used at another location. We reserve the right to permanently suspend and cancel a service that is found to be moved to different geographical locations often. MTN will allow one change in location per year, please provide us with 30 days’ notice thereof in order for us to submit the request timeously. Should the new location not be within MTN Fixed LTE Coverage the service will need to be cancelled. The standard cancellation policy and applicable fees will apply.


3. Telkom LTE

3.1 – Telkom LTE is a best effort service with no minimum service levels offered. Speeds will differ according to the type of connection made. Average speeds within the specified coverage areas range between 10Mbps and 50Mbps. Many factors determine the speed and quality of service which will be achieved such as but not limited to, distance, weather, interference around and within the property.

3.2 – The service is a monthly billed service which will continue on a month to month basis until cancelled. Cancellations require a minimum calendar months’ notice (promotions may carry additional t’s & c’s) and must be submitted via the Control Panel or sending an email to [email protected], cancellations cannot be set on the last 2 days of each month. The service can be set to upgrade or downgrade at any time (except the last 2 days of each month) but the new service will only be effective from the 1st of the following month. The monthly data is referred to as anytime data, free data which can be used between 12am and 7am is referred to as night surfer data. Where applicable anytime data is valid for 60 days from purchase (not exceeding 2 calendar months inclusive of the month of purchase) and the night surfer data is valid for 30 days from purchase (not exceeding the month of purchase). You are able to purchase additional data should your monthly allocations run out. This is a once off purchase which you pay for immediately. Where applicable unused data will only rollover if the service is active and paid up to date. Where applicable unused anytime top up data is valid for 60 days from purchase (not exceeding 2 calendar months inclusive of the month of purchase) and night surfer top up data is valid for 30 days from purchase (not exceeding the month of purchase).

3.3 – Data is used in the following sequence: 1. Anytime data 2. Anytime top up data

3.4 – During Night Surfer Hours 12am to 7am Night surfer data Anytime data Anytime top up data

3.5 – Data usage information and data balances are provided to Intellihost once every 24 hours by Telkom. This information will be updated as received and can be viewed in the Control Panel.

3.6 – This service is a mobile wireless service which can be used anywhere within Telkom LTE Coverage areas. Intellihost will not provide Support Services when the service is used outside of a coverage area. Clients who proceed with the purchase of the service and are not covered under the Coverage Map at the address they intend to use the service at do so at their own risk, service is in no way guaranteed in areas not displayed on the coverage map.

3.7 – Services purchased packaged together with a modem must be used in the modem provided, failure to do so may result in the service not working. The make and model of the modem will be determined at Telkom’s discretion.

3.8 – The modem carries a 1 year Warranty if ordered through Intellihost together with the Telkom SIM, device warranty claims for the modem will be handled by Intellihost who will deal directly with the Supplier on the clients behalf.

3.9 – In line with the Consumer Protection Act, Intellihost has a 5 business day 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. The cost of returning the device is the responsibility of the client and will be charged to the clients account if arranged by Intellihost.

3.10 – A prorata invoice will be generated on the day of purchase and debited accordingly. On the day of activation, we will allocate a prorata amount of data. We will re-calculate the amount due according to the date of activation and credit the initial prorata invoice generated on the purchase date. Any credit amounts will be used towards the next invoice due and any amounts due will be processed immediately against the default payment method on the profile.

3.11 – The purchase of the Telkom LTE service is subject to RICA and you will be required to provide certain documentation when signing up as well as on delivery of the device/SIM, the requirements will be communicated to you. Clients will provide their RICA documents to the courier on delivery and the documents will be sent to Intellihost, as such please be advised that your personal details will be received by the courier, courier company and Intellihost. Your personal details will only be used for the purpose of RICA and for no other reason provided it is not required by law. Together with these Terms & Conditions the purchase and use of this service is subject to the Terms & Conditions of Telkom SA SOC Limited which can be found here: http://www.telkom.co.za/about_us/regulatory/terms-and-conditions.shtml

Promotion of Access to Information (PAIA)
Last Updated 31 October 2025

This manual has been prepared in terms of the section 51 of the Promotion of Access to Information Act 2 of 2000 and to address the requirements of the Protection of Personal Information Act 4 of 2013.

Table of Contents

 

1. Definitions

Term Definition
CEO Chief Executive Officer
Client Any natural or juristic person that received or receives services from the company
Complainant Any person who lodges a complaint with the Information Regulator
Complaint (a) A matter reported to the Information Regulator in terms of section 74(1) and (2) of the Act; (b) A complaint referred to in section 76(1)(e) and 92(1) of the Act; (c) A matter reported or referred to the Information Regulator in terms of other legislation that regulates the mandate of the Information Regulator
Conditions for Lawful Processing The conditions for the lawful processing of personal information as fully set out in chapter 3 of POPI and in section 12 of this manual
Data Subject The person to whom Personal Information relates.
Day A calendar day, unless the last day of a specified period happens to fall on a Sunday or public holiday, in which case it is calculated exclusive of that Sunday or public holiday (Interpretation Act, 1957 – Act No. 33 of 1957)
DIO Deputy Information Officer
Information Officer/IO The individual who is identified herein and legally appointed to ensure compliance with POPIA and PAIA
Manual This manual
Minister Minister of Justice and Correctional Services
Office Hours (a) For the Information Regulator: 08:00–16:00, Monday to Friday (excluding public holidays); (b) For designated offices: Hours during which the offices operate
PAIA The Promotion of Access to Information Act, No. 2 of 2000
Personal Information Information relating to an identifiable living person, or an identifiable existing juristic person, including but not limited to race, gender, contact info, biometrics, correspondence, opinions, and identifiers
Personnel Any person who works for or provides services to or on behalf of the company and receives or is entitled to receive remuneration, including permanent, temporary and part-time staff, directors, and contractors
POPI/POPIA The Protection of Personal Information Act, No. 4 of 2013
POPI Regulations Regulations promulgated in terms of section 112(2) of POPI
Private Body Means –
    • (a) A natural person conducting business;
    • (b) A business partnership;
    (c) A juristic person not being a public body
Processing Any operation or activity concerning personal information, including collection, storage, dissemination, or destruction
Regulator Information Regulator established in terms of POPIA
Republic Republic of South Africa
Signature Any legally accepted form of signature, including electronic signature where applicable
Writing As referred to in section 12 of the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002)
Any other terms not described herein will have the meaning as ascribed to it in terms of PAIA or POPI.

2. Introduction

This PAIA Manual is useful for the public to:

2.1 Check the categories of records held by a body which are available without a person having to submit a formal PAIA request.

2.2 Have a sufficient understanding of how to make a request for access to a record of the body, by providing a description of the subjects on which the body holds records and the categories of records held on each subject.

2.3 Know the description of the records of the body which are available in accordance with any other legislation.

2.4 Access all the relevant contact details of the IO and DIO who will assist the public with the records that they intend to access.

2.5 Know the description of the guide on how to use PAIA, as updated by the Regulator, and how to obtain access to it.

2.6 Know if the body will process personal information, the purpose of processing of personal information, and the description of the categories of data subjects and of the information or categories of information relating thereto.

2.7 Know the recipients or categories of recipients to whom the personal information may be supplied.

2.8 Know if the body has planned to transfer or process personal information outside of the Republic of South Africa and the recipients or categories of recipients to whom the personal information may be supplied.

2.9 Know whether the body has appropriate security measures to ensure the confidentiality, integrity and availability of the personal information which is to be processed.

3. Key Contact Details for Access to Information of the Intellihost (Pty) Ltd

3.1 Chief Information Officer
Field Details
Name Claudia Swanepoel
Contact Number 087 551 3315 ext 211
Email Address [email protected]


3.2 General contacts for access to information
Field Details
Email Address [email protected]


3.3 National or Head Office
Field Details
Postal Address 22 Elizabeth Avenue, Pennington, KZN 4184
Physical Address 22 Elizabeth Avenue, Pennington, KZN 4184
Contact Number 087 551 3315
Email Address [email protected]
Website https://www.intelli.host


4. Guide on how to use PAIA and how to Obtain Access to the Guide

4.1 The Regulator has, in terms of section 10(1) of PAIA, as amended, updated and made available the revised guide on how to use PAIA (“guide”), in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right contemplated in PAIA and POPIA.

4.2 The guide is available in each of the official languages and in braille.

4.3 The aforesaid guide contains the description of:

4.3.1 The objects of PAIA and POPIA;

4.3.2 The postal and street address, phone and fax number and, if available, email address of:

4.3.2.1 The IO of every public body, and

4.3.2.2 Every DIO of every public and private body designated in terms of section 17(1) of PAIA and section 56 of POPIA;

4.3.3 The manner and form of a request for:

4.3.3.1 Access to a record of a public body contemplated in section 11.

4.3.3.2 Access to a record of a private body contemplated in section 50.

4.3.3.3 An internal appeal.

4.3.3.4 A complaint to the Regulator.

4.3.3.5 An application with a court against a decision by the IO of a public body, a decision on internal appeal or a decision by the Regulator or a decision of the head of a private body.

4.3.4 The provisions of sections 14 and 51 requiring a public body and private body, respectively, to compile a manual, and how to obtain access to a manual;

4.3.5 The provisions of sections 15 and 52 providing for the voluntary disclosure of categories of records by a public body and private body, respectively;

4.3.6 The notices issued in terms of sections 22 and 54 regarding fees to be paid in relation to requests for access;

4.3.7 The regulations made in terms of section 92;

4.3.8 The assistance available from the IO of a public body in terms of PAIA and POPIA;

4.3.9 The assistance available from the Regulator in terms of PAIA and POPIA; and

4.3.10 All remedies in law available regarding an act or failure to act in respect of a right or duty conferred or imposed by PAIA and POPIA, including the manner of lodging.

4.4 Members of the public can inspect or make copies of the guide from the offices of the public and private bodies, including the office of the Regulator, during normal working hours.

4.5.1 Upon request to the IO.

4.5.2 From the website of the Regulator (https://www.justice.gov.za/inforeg/).

4.6 A copy of the guide is also available in the following three official languages, for public inspection during normal office hours:

4.6.1 English.

4.6.2 Afrikaans.

4.6.3 Zulu.

5. Guide of information regulator

5.1 A guide to PAIA and how to access information in terms of PAIA has been published pursuant to section 10 of PAIA.

5.2 The guide contains information required by an individual who may wish to exercise their rights in terms of PAIA.

5.3 Should you wish to access the guide you may request a copy from the Information Officer by submitting ANNEXURE A, attached hereto, to the details specified above.

5.4 You may also inspect the guide at the Company’s offices during ordinary working hours.

5.5 You may also request a copy of the guide from the Information Regulator at the following details:

   

6. Latest notices in terms of section 52(2) of PAIA

At this stage no Notice(s) has/have been published on the categories of records that are available without having to request access to them in terms of PAIA.

7. Availability of certain records in terms of PAIA



7.1 Categories of records of the Intellihost (Pty) Ltd which are available without a person having to request access:
Term Definition Available on Website Available on Request
PAIA Manual Company’s current PAIA Manual X X
Company overview Company profile, business activities, contact details X X
Policies (public-facing) Privacy policy, website cookies policy X X
Legal disclosures Consumer protection notices, disclaimers, terms and conditions X X
News and announcements Company newsletters, media releases, service updates X X
Public marketing materials Brochures, product offerings, public service descriptions X X
POPIA and PAIA awareness training certificates Company’s attendance registers on training of POPIA and PAIA X
Public tender or supplier information (if applicable) Supplier registration forms, B-BBEE (Broad-Based Black Economic Empowerment) certificate (public documents) X
Contact information for IO Name, designation, email address, contact number X


7.2 Description of the records/subjects of Intellihost (Pty) Ltd which are available in accordance with any other legislation:
Category of Records Applicable Legislation Department/Subject Area
Memorandum of Incorporation, company registration documents Companies Act, 71 of 2008 Corporate Governance
Employment contracts, employee attendance records, payroll information, leave records Basic Conditions of Employment Act, 75 of 1997 Human Resources (HR)
Disciplinary records, grievance procedures, union agreements, Commission for Conciliation, Mediation and Arbitration (CCMA) documentation Labour Relations Act, 66 of 1995 HR
Disciplinary records, grievance procedures, union agreements, Commission for Conciliation, Mediation and Arbitration (CCMA) documentation Labour Relations Act, 66 of 1995 HR
Employment Equity (EE) plans, EE reports, committee meeting minutes Employment Equity Act, 55 of 1998 HR
Tax returns, IRP5 certificates, Pay-As-You-Earn (PAYE) records, employee tax submissions Income Tax Act, 58 of 1962 HR
Workplace Skills Plans (WSPs), annual training reports, learnership agreements Skills Development Act, 97 of 1998 Training and Development
Unemployment Insurance Fund (UIF) contribution records, declarations, employee benefit claim records Unemployment Insurance Act, 63 of 2001 HR
Health and safety audits, incident reports, risk assessments, safety committee records Occupational Health and Safety Act, 85 of 1993 HR
Value-Added Tax (VAT) returns, input/output tax records, SARS correspondence Income Tax Act, 58 of 1962 Accounts
Workers Compensation Assistance (WCA) claims, injury-on-duty reports, compensation records Compensation for Occupational Injuries and Diseases Act, 130 of 1993 Occupational Health and Safety
B-BBEE certificates, ownership and supplier development records Broad-Based Black Economic Empowerment Act, 53 of 2003 Supply Chain Management (SCM)
Client contracts, complaint records, marketing disclaimers, product/ service terms and conditions Consumer Protection Act, 68 of 2008 Client Services/Marketing
Data subject consent forms, privacy notices, PAIA Manual, operator agreements, processing activity records Protection of Personal Information Act, 4 of 2013 Legal and Compliance
PAIA Manual, access request logs, training records Promotion of Access to Information Act, 2 of 2000 Legal and Compliance
Know Your Customer (KYC) documents, client identification and verification records Financial Intelligence Centre Act, 38 of 2001 (if applicable) Client Services/Finance
Electronic communications policies, e-signature consents, website terms and conditions Electronic Communications and Transactions Act, 25 of 2002 Information Technology (IT)
Document retention and disposal schedules, archive logs National Archives and Records Service Act, 43 of 1996 Records Management


7.3 The company holds and/or processes the following records for the purposes of PAIA and POPIA:

7.3.1 PAIA: PAIA Manual; PAIA guides; PAIA records; PAIA submission records; awareness training.

7.3.2 POPIA: Including, but not limited to, the following: IO Registration Certificate; data breach records; retention records; awareness training.

7.3.3 Further information which may be made available upon request

7.4 The above-mentioned records may be requested; however, it should be noted that there is no guarantee that the request will be honoured. Each request will be evaluated in terms of PAIA and any other applicable legislation.

8. Request process

8.1 An individual who wishes to place a request must comply with all the procedures laid down in PAIA.

8.2 The requester must complete Form 02 of PAIA Forms (Request for Access to Record) herein, is attached hereto and submit it to the IO at the details specified herein.

8.3 The prescribed form as well as payment of a request fee and a deposit (if applicable) must be submitted to the IO at/via the postal or physical address, fax number or email address as is stated herein.

8.4 The prescribed form must be completed with enough particularity to enable the IO to determine:

8.4.1 The record(s) requested;

8.4.2 The identity of the requestor;

8.4.3 What form of access is required; and

8.4.4 The postal address or fax number of the requestor.

8.5 The requestor must state that the records are required for the requestor to exercise or protect a right, and clearly state what the nature of the right is so to be exercised or protected. An explanation of why the records are requested is required to exercise or protect the right.

8.6 The request for access will be dealt with within 30 (thirty) days from date of receipt, unless the requestor has set out special grounds that satisfies the IO that the request be dealt with sooner.

8.7 The period of 30 (thirty) days may be extended by not more than 30 (thirty) additional days, if the request is for a large quantity of information, or if the request requires a search for information held at another office of the company and the information cannot be reasonably obtained within 30 (thirty) days. The IO will notify the requestor in writing should an extension be necessary.

8.8 The IO must communicate a response to the request for access using Form 03 of PAIA Forms (Outcome of Request and of Fees Payable) herein. This communication shall inform the requestor of:

8.8.1 The decision; and

.8.2 Fees payable.

8.9 In the event that the IO is of the opinion that the searching and preparation of the record for disclosure would amount to more than six (6) hours, he/she shall inform the requestor to pay a deposit not exceeding one third of the amount payable.

8.10 Should the requestor have any difficulty with the form or the process laid out herein, the requestor should contact the IO for assistance.

8.11 An oral request can be made to the IO should the requestor be unable to complete the form due to illiteracy or a disability. The IO will then complete the form on behalf of the requestor and provide a copy of the form to the requestor.

8.12 Form 2 of POPIA Forms (Request for Correction or Deletion) herein, is used by a data subject to request the correction of inaccurate, outdated, incomplete, irrelevant, or misleading personal information, and/or the deletion or destruction of personal information that is no longer necessary or unlawfully obtained, in accordance with Section 24(1) of POPIA. It ensures that responsible parties maintain accurate and lawful records of personal data.

8.13 Form 3 of POPIA Forms (Application for the Issue of a Code of Conduct) herein is used by an industry body, profession, or class of entities to apply for the issuance of a Code of Conduct under Section 61(1)(b) of POPIA. It allows industries to self-regulate how personal information is processed within their sector, in line with the conditions for lawful processing.

8.14 Form 4 of POPIA Forms (Request for Consent – Direct Marketing) herein enables a responsible party to formally request a data subject’s consent to receive direct marketing communications via unsolicited electronic means (e.g., SMS, email), as required under Section 69(2) of POPIA. It ensures that individuals have control over whether and how they are marketed to.

8.15 Form 5 of POPIA Forms (Complaint Regarding Interference with Personal Information) herein allows a data subject or complainant to submit a complaint to the IR concerning unlawful interference with personal information; or a determination made by an adjudicator under POPIA. It provides an avenue for recourse and investigation in cases of non-compliance with data protection obligations.

9. Grounds for refusal

The following are grounds upon which the company may, subject to the exceptions in chapter 4 of PAIA, refuse a request for access in accordance with chapter 4 of PAIA:

9.1 Mandatory protection of the privacy of a third party who is a natural person, including a deceased person, where such disclosure of personal information would be unreasonable.

  9.2 Mandatory protection of the commercial information of a third party, if the records contain:

9.2.1  Trade secrets of that third party;

9.2.2 Financial, commercial, scientific or technical information of the third party, the disclosure of which could likely cause harm to the financial or commercial interests of that third party; and/or

9.2.3 Information disclosed in confidence by a third party to the company, the disclosure of which could put that third party at a disadvantage in contractual or other negotiations or prejudice the third party in commercial competition.

  9.3 Mandatory protection of confidential information of third parties if it is protected in terms of any agreement.

  9.4 Mandatory protection of the safety of individuals and the protection of property.

  9.5 Mandatory protection of records that would be regarded as privileged in legal proceedings.

  9.6 Protection of the commercial information of the company, which may include:

9.6.1Trade secrets;

9.6.2 Financial/commercial, scientific or technical information, the disclosure of which could likely cause harm to the financial or commercial interests of the company;

9.6.3 Information which, if disclosed, could put the company at a disadvantage in contractual or other negotiations or prejudice the company in commercial competition; and/or

9.6.4 Computer programs which are owned by the company, and which are protected by copyright and intellectual property laws.

9.7 Research information of the company or a third party, if such disclosure would place the research or the researcher at a serious disadvantage.

9.8 Requests for records that are clearly frivolous or vexatious, or which involve an unreasonable diversion of resources.

10. Remedies should a request be refused

10.1 If the company does not have an internal appeal procedure in light of a denial of a request, decisions made by the IO is final.

10.2 The requestor may in accordance with sections 56(3) (c) and 78 of PAIA, apply to a court for relief within 180 (one-hundred-and-eighty) days of notification of the decision for appropriate relief.

11. Fees

Description Fee
Request fee (Payable on every request) R140.00 once-off
Photocopy of an A4 page or part thereof R2.00 per page
Printed copy of an A4 page or part thereof R2.00 per page
Hard copy on flash drive (Flash drive to be provided by requestor) R40.00 once-off
Hard copy on a compact disc (Compact disc to be provided by requestor) R40.00 once-off
Hard copy on a compact disc (Compact disc to be provided by the Company) R60.00 once-off
Transcription of visual images per A4 page As per quotation of service provider
Copy of visual images As per quotation of service provider
Transcription of an audio record per A4 page R24.00 per A4 page
Copy of an audio record on flash drive (Flash drive to be provided by requestor) R40.00 once-off
Copy of an audio on a compact disc (Compact disc to be provided by requestor) R40.00 once-off
Copy of an audio on a compact disc (Compact disc to be provided by the Company) R60.00 once-off
Base/starting rate to search for and prepare the record for disclosure R145.00 per hour for each hour or part thereof, excluding the first hour, reasonably required for such search and preparation (cannot exceed R435.00 per request)
Rate to search for and prepare the record for disclosure R435.00 per hour for each hour or part thereof, excluding the first hour, reasonably required for such search and preparation (cannot exceed total cost)
Postage, email or any other electronic transfer Actual expense, if any



12. Processing of Personal Information

12.1 Purpose of processing personal information:

12.1.1 Clients personal Info used to create clients account for sales / billing and marketing

12.1.2 Staff personal info used for monthly salaries

1.2 Description of the categories of data subjects and of the information or categories of information relating thereto:

 
Categories of Data Subjects Personal Information that may be Processed
Customers/clients Name, address, registration numbers and bank details
Service providers Name, registration number, VAT number, address and bank details
Employees Address, qualifications, gender and race
 

13  The Recipients or Categories of Recipients to whom the Personal Information may be Supplied

   
Category of Personal Information Recipients or Categories of Recipients to whom the Personal Information may be Supplied
Identity number and names, for criminal checks South African Police Services
Qualifications, for qualification verifications South African Qualifications Authority
Credit and payment history, for credit information Credit bureaus

14. Availability of the Manual

14.1 A copy of the manual is available:

14.1.1 On https://www.intelli.host/ , or at any head office of Intellihost (Pty) Ltd for public inspection during normal business hours;

14.1.2 To any person upon request and upon the payment of a reasonable prescribed fee; and

14.1.3 To the Information Regulator upon request.

14.2 A fee for a copy of the manual, as contemplated in Annexure B of the Regulations, shall be payable per each A4-size photocopy made.

15. Objection to the Processing of Personal Information by a Data Subject



15.1 A data subject who wishes to object to the processing of personal information in terms of section 11(3)(a) or section 11(3)(b) of the Act, must submit the objection to a responsible party at any time during office hours of a responsible party and free of charge.

15.2 A data subject who wishes to object to the processing of personal information must do so on a form substantially similar to Form 3 herein, free of charge and reasonably accessible to a data subject by hand, fax, post, email, SMS, or WhatsApp and or in any manner expedient to a data subject in terms of section 11(3)(a) of the Act.

15.3 A responsible party must, when collecting personal information of a data subject, notify the data subject, in terms of section 18(1)(h)(iv) of the Act, of their right to object, as referred to in section 11(3) of the Act.

15.4 If an objection to the processing of personal information of a data subject is made telephonically, such an objection shall be electronically recorded by a responsible party and upon request, be made available to the data subject in any manner, including the transcription thereof.

16. Request for Correction/Deletion of Personal Information or Destruction/Deletion of Record of Personal Information

16.1 A data subject has the right, in terms of section 24 of the Act, to request, where necessary, the correction, destruction, or deletion of his, her or its personal information.

16.2 A data subject, who wishes to request a correction or deletion of his, her, or its personal information, as provided for in section 24(1)(a) of the Act, has the right to request correction or deletion of personal information at any time and free of charge, if the personal information is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully.

16.3 A data subject who wishes to request the destruction or deletion of a record of his, her, or its personal information in terms of section 24(1)(b) of the Act, has the right to request the destruction or deletion of a record of his, her or its personal information at any time and free of charge, if a responsible party is no longer authorised to retain such information in terms of section 14 of the Act.

16.4 A request for correction to or deletion of personal information, as referred to in sub-regulation 12.11.2 or a request for the destruction or deletion of a record of personal information, as referred to in sub-regulation 12.11.3 must be submitted to a responsible party on a form which is substantially similar to Form 2 of POPIA Forms herein free of charge and reasonably accessible to a data subject by hand, fax, post, email, SMS, WhatsApp message or in any manner expedient to a data subject.

16.5 A request for a correction or deletion of personal information by telephonic means shall be recorded by a responsible party and such recording must, upon request, be made available to a data subject in any manner, including the transcription thereof which shall be free of charge.

16.6 A responsible party must, within 30 (thirty) days of receipt of the outcome of the request referred to in sub-regulation 12.11.2 or 12.11.3, notify a data subject, in writing, of the action taken as a result of the request

17. Updating of the Manual

The head of Intellihost (Pty) Ltd will update this manual on a regular basis.
 
Name of IO Claudia Swanepoel
Title of the head of the body Operations Manager

Partners (Wolfpack) Terms & Conditions)
Last Updated 8 August 2019

The Terms & Conditions listed covers the basic process flow and Terms & Conditions for our Partners.

 

1. Registration and Signup Procedure

  • 1.1 – When a Partner is activated by Intellihost, Intellihost will provide the Partner with a unique URL where clients can sign up.
  • 1.2 – When a Client signs up via a Partner URL, Intellihost will contact the client as part of an introduction and setup the various services required by the Client.
  • 1.3 – The client will be provided with their first 2 months free, considered as the registration month and the month thereafter. In the event where the date falls past the 27th of the month, Intellihost may grant the client their first 3 months free, thus including the registration month and the following 2 months (up to a maximum of 65 days). This however is entirely up to the discretion of Intellihost.
  • 1.4 – Intellihost will provide rebate of 100% back to the Partner on the 1st successful month the client pays along with monthly commission paid for each month the Client retains the applicable service thereafter
  • 1.5 – Only selected services are applicable for commission. Such services can be viewed on the Partner WolfPack Dashboard located at https://my.intelli.host
  • 1.6 – It is up to the Partner to ensure they have given the client the correct signup URL. Intellihost does not take any responsibility for any incorrect signups and linking of clients to incorrect accounts

 

2. Rebates & Commission

  • 2.1 – Rebates and commission are only added to the Partners account when the invoice is marked as paid.
  • 2.2 – The Partner will get a 100% rebate of applicable products upon the clients first payment of said product. Such a rebate is only paid once the invoice of the service is marked as paid.
  • 2.3 – In the event where such a service was to at a later stage be set as unpaid (example where a debit order has been disputed), the full amount will be deducted from the Partners available balance.
  • 2.4 – The Partner is entitled to commission on services for the clients within their Wolfpack level. The level of commission is calculated each night at midnight based on the amount of active client services linked to each Partner’s profile. Any invoices marked as paid on the following day will have it’s commission calculated at the Partners current level.

 

3. Levels & Earnings

  • 3.1 – When a Partner 1st signs up, they will be provisionally added to the Bronze level but have 6 months to reach this level.
  • 3.2 – In the event where the Partner does not reach Bronze within 6 months, the Partner will be downgraded to the Base Partnership, which will give the Partner the same commission benefits as Bronze Partners, but with no free services. The Partner has the option to retain the services but will be required to pay for these services until such a time where the Partner is back on a Bronze Partnership level.

 

4. Withdrawals

  • 4.1 – To withdraw funds, the Partner has to request a withdrawal from their Wolfpack partner page located at https://my.intelli.host
  • 4.2 – When requesting a withdrawal, the Partner has to either select a cash withdrawal or as credit on their Intellihost Account to be used for other services.
  • 4.3 – If the Partner requests a cash withdrawal, the partner has to upload an invoice for the amount with description “Sales Commission” – The invoice needs to be made out to Intellihost (Pty) Ltd along with the information as displayed on the dashboard.
  • 4.4 – When requesting a withdrawal, the total amount must be VAT Inclusive if the Partner is VAT registered.
  • 4.5 – The minimum withdrawal of request is R250
  • 4.6 – Credit must be withdrawn by the Partner at a maximum of 12 months or R10,000 – whichever is first.
  • 4.7 – Payment of all cash withdrawals will be made within 60 days after the invoice has been received. Delays should be expected during holiday seasons.
  • 4.8 – No penalties or interest may be imposed on Intellihost on late commission payments.

 

5. General

  • 5.1 – Intellihost reserves the right to cancel this Agreement at any stage as we have the full right to decide with whom we partner.
  • 5.2 – The terms of this Agreement may change at any stage based on the direction Intellihost takes as a business.
  • 5.3 – At no point of time does the partnership between Intellihost and the Partner constitute to any form of ownership, management or any other title directly associated to the ownership of Intellihost.
  • 5.4 – The account of the client remains at all times that of Intellihost. The Partner is not granted any access to the personal information, accounts or any other associated information about the Client or it’s dealings with Intellihost, unless where permission has been granted by the Client.
  • 5.5 – Our Partnership program is only available to Companies that is not a direct competition of Intellihost. Our Partnership should complement each others services, and in the event where the Partner undertakes any form of Hosting, Cloud, VPS or backup services of their own, Intellihost reserves the right to suspend the Partnership.

 

6. Public Profile

  • 6.1 – We advertise our Wolfpack members for free on our main Intellihost Website under Partner Directory. The information displayed can be modified by the Partner at any stage by visiting the Update Profile button under the Partner Dashboard located at https://my.intelli.host
  • 6.2 – The information submitted must be accurate and a basic spell check must be completed prior to saving such data which will be immediately updated on our website. It’s the responsibility of the Partner to ensure such data is correct at all times.

 

Privacy Policy
Last Updated 28 August 2024

The Protection of Personal Information Act, 2013 (“POPI”) came into complete commencement on 1 July 2021, in this regard we have a number of obligations and duties in terms of POPI that we must comply with. The protection of your personal information is a high priority for us and we have taken steps to ensure that your personal information is protected and remains private.

In addition to this document serving as our privacy policy, this document will also serve as our data subject notification as contemplated in section 18 of POPI. In this regard, this document will inform you of what personal information we collect, why we collect it, how we use it and what safety measures are in place to protect it.

Where we refer to “process”, it means how we collect, use, store, make available, destroy, update, disclose, or otherwise deal with your personal information. As a general rule we will only process your personal information if this is required to deliver or offer a service, provide a product or carry out a transaction.

We may combine your personal information and use the combined personal information for any of the purposes stated in this Privacy Policy.

In this document any reference to “we” or “us” or “our” is reference to Intellihost (Pty) Ltd.

If you use our services, goods and/or products, you agree that we may process your personal information as explained under this Privacy Policy.

We may change this Privacy Policy from time to time if the law or our business practices requires it.

The version of the Privacy Policy displayed on our website at the time of your interaction with us will be applicable.

 

What is personal information?

Personal information refers to any information that identifies you or specifically relates to you. Personal information includes, but is not limited to, the following information about you:

  • Age
  • Belief
  • Birth
  • Biometric
  • Colour
  • Conscience
  • Correspondence
  • Criminal history
  • Culture
  • Disability
  • Education
  • Email address
  • Employment history
  • Ethnic origin
  • Financial history
  • Gender
  • Identity number
  • Language
  • Location information
  • Marital Status
  • Mental Health
  • Medical History
  • Name
  • National Origin
  • Online identifier
  • Other particular assignment
  • Personal views
  • Physical address
  • Physical health
  • Pregnancy
  • Race
  • Religion
  • Sex
  • Sexual orientation
  • Social origin
  • Symbol
  • Telephone number
  • Well-being
 

Is the supply of the personal information voluntary or mandatory?

The supply of certain personal information is mandatory, meaning we have to collect this personal information from you by law. If you do not supply this information, we cannot comply with our legal obligations. In this regard, if you do not supply this personal information we cannot do business with you. We collect personal information as is required by the following legislation:

  • Basic Conditions of Employment Act, No 75 of 1997
  • Continuing Education and Training Act (previously known as Further Education and Training Colleges Act) 16 of 2006
  • Compensation for Occupational Injuries and Diseases Act, No. 130 of 1993
  • Credit Agreement Act, No. 75 of 1980
  • The Criminal Procedure Act, No. 51 of 1977
  • Debt Collectors Act, No. 114 of 1998
  • Employment Equity Act, No. 55 of 1998
  • Financial Intelligence Centre Act, No. 38 of 2001
  • Higher Education Act 101 of 1997
  • Income Tax Act 58 of 1962
  • Labour Relations Act, No 66 of 1995
  • National Credit Act, No. 34 of 2005
  • NQF Act No 67 of 2008
  • Pension Funds Act, No. 24 of 1956
  • Skills Development Act 97 of 1998
  • Unemployment Insurance Act, No. 63 of 2001
  • Financial Advisory and Intermediary Service Act, No. 37 of 2002
  • Occupational Health and Safety Act No. 85 of 1993
  • Prevention of Organised Crime Act No. 121 of 1998

In other instances the supply of personal information is voluntary, which means there is no law imposed on us to collect this personal information. Even though there is no law that imposes the collection of the personal information, we require the personal information to deliver the products and/or services to you. In this regard, if you do not supply the personal information, we cannot do business with you.

 

When will we process your personal information?

We will only process your personal information for lawful purposes relating to our business if the following applies:

  • if you have consented thereto.
  • if a person legally authorised by you, the law, or a court, has consented thereto.
  • if it is necessary to conclude or perform under a contract, we have with you.
  • if the law requires or permits it.
  • if it is required to protect or pursue your, our or a third party’s legitimate interest.
 

What is special personal information?

Special personal information is personal information about the following:

  • Biometric information
  • Philosophical beliefs
  • Sex life
  • Criminal behaviour
  • Political persuasion
  • Trade union membership
  • Ethnic origin
  • Race
  • Health
  • Religious beliefs
 

When will we process your special personal information?

We may process your special personal information in the following circumstances:

  • if you have consented to the processing.
  • if the information is being used for any Human resource or payroll requirement.
  • if the processing is needed to create, use, or protect a right or obligation in law.
  • if the processing is for statistical or research purposes and all legal conditions are met.
  • if the special personal information was made public by you.
  • if the processing is required by law.
  • if racial information is processed, and the processing is required to identify you; and / or if health information is processed, and the processing is to determine your insurance risk, or to comply with an insurance policy or to enforce an insurance right or obligation.
 

When and from where we obtain personal information about you?

We may collect personal information about you from the following sources:

  • We may collect personal information directly from you.
  • We may collect personal information from a public record.
  • We may collect personal information from an area where you have deliberately made it public.
  • We may collect information about you based on your use of our products, services, or service channels.
  • We may collect information about you based on how you engage or interact with us such as via our support desk, emails, letters, telephone calls and surveys.
  • We may collect personal information from a third party.
  • We may collect personal information from another source if you give us consent to do so.

If the law requires us to do so, we will ask for your consent before collecting personal information about you from third parties.

The third parties from whom we may collect your personal information include, but are not limited to, the following:

  • Partners of our company for any of the purposes identified in this Privacy Policy.
  • your spouse, dependents, partners, employer, and other similar sources.
  • attorneys, tracing agents, debt collectors and other persons that assist with the enforcement of agreements.
  • payment processing services providers, merchants, banks, and other persons that assist with the processing of your payment instructions, like EFT transaction partners.
  • insurers, brokers, other financial institutions, or other organisations that assist with insurance and assurance underwriting, the providing of insurance and assurance policies and products, the assessment of insurance and assurance claims and other related purposes.
  • law enforcement and fraud prevention agencies and other persons tasked with the prevention and prosecution of crime;
  • regulatory authorities, industry ombudsman, governmental departments, local and international tax authorities.
  • trustees, Executors or Curators appointed by a court of law.
  • our service providers, agents and sub-contractors like couriers and other persons we use to offer and provide products and services to you.
  • courts of law or tribunals.
 

Reasons we need to process your personal information.

We will process your personal information for the following reasons:

  • to provide you with products, goods, and services
  • to market our products, goods, and services to you.
  • to respond to your enquiries and complaints.
  • to comply with legislative, regulatory, risk and compliance requirements (including directives, sanctions, and rules), voluntary and involuntary codes of conduct and industry agreements or to fulfil reporting requirements and information requests.
  • to conduct market and behavioural research, including scoring and analysis to determine if you qualify for products and services or to determine your credit or insurance risk.
  • to develop, test and improve products and services for you.
  • for historical, statistical and research purposes, like market segmentation.
  • to process payment instruments.
  • to create, manufacture and print payment issues (like a payslip)
  • to enable us to deliver goods, documents, or notices to you.
  • for security, identity verification and to check the accuracy of your personal information.
  • to communicate with you and carry out your instructions and requests.
  • for customer satisfaction surveys, promotional offerings.
  • insurance and assurance underwriting and administration.
  • to process or consider or assess insurance or assurance claims.
  • to provide insurance and assurance policies and products and related services.
  • to enable you to take part in customer loyalty reward programmes, to determine your qualification for participation, earning of reward points, determining your rewards level, monitoring your buying behaviour with our rewards partners to allocate the correct points or inform you of appropriate products, goods, and services you may be interested in or to inform our reward partners about your purchasing behaviour.
  • to enable you to take part in and make use of value-added products and services.
  • to assess our lending and insurance risks; and / or
  • for any other related purposes.
 

How we use your personal information for marketing

  • We will use your personal information to our products and services to you.
  • We will do this in person, by post, telephone, or electronic channels such as SMS and email.
  • If you are not our customer, or in any other instances where the law requires, we will only market to you by electronic communications with your consent.
  • In all cases you can request us to stop sending marketing communications to you at any time.
 

When, how, and with whom we share your personal information?

In general, we will only share your personal information if any one or more of the following apply:

  • if you have consented to this.
  • if it is necessary to conclude or perform under a contract, we have with you;
  • if the law requires it; and / or
  • if it’s necessary to protect or pursue your, our or a third party’s legitimate interest.
 

Under what circumstances will we transfer your information to other countries?

We will only transfer your personal information to third parties in another country in any one or more of the following circumstances:

  • where your personal information will be adequately protected under the other country’s laws or an agreement with the third-party recipient.
  • where the transfer is necessary to enter into or perform under a contract with you, or a contract with a third party that is in your interest.
  • where you have consented to the transfer; and / or
  • where it is not reasonably practical to obtain your consent, the transfer is in your interest.

This transfer will happen within the requirements and safeguards of the law. Where possible, the party processing your personal information in the other country will agree to apply the same level of protection as available by law in your country or if the other country’s laws provide better protection the other country’s laws would be agreed to and applied.

 

How we secure your personal information

We will take appropriate and reasonable technical and organisational steps to protect your personal information according to industry best practices. Our security measures (including physical, technological, and procedural safeguards) will be appropriate and reasonable. This includes the following:

  • keeping our systems secure (like monitoring access and usage);
  • storing our records securely.
  • controlling the access to our buildings, systems and/or records; and
  • safely destroying or deleting records.
  • Ensure compliance with best practice standards.
 

How long do we keep your personal information?

We will keep your personal information for as long as:

  • the law requires us to keep it.
  • a contract between you and us requires us to keep it.
  • you have consented for us keeping it.
  • we are required to keep it to achieve the purposes listed in this Privacy Policy.
  • we require it for statistical or research purposes.
  • a code of conduct requires us to keep it; and / or
  • we require it for our lawful business purposes.

Take note: We may keep your personal information even if you no longer have a relationship with us, for the historical data that may be required by your employer or employee.

 

Our cookie policy

A cookie is a small piece of data sent from our websites or applications to your computer or device hard drive or Internet browser where it is saved. The cookie contains information to personalise your experience on our websites or applications and may improve your experience on the websites or applications. The cookie will also identify your device, like the computer or smart phone.

By using our websites or applications you agree that cookies may be forwarded from the relevant website or application to your computer or device. The cookie will enable us to know that you have visited the website or application before and will identify you. We may also use the cookie to prevent fraud and for analytics.

 

Your duties and rights about the personal information we have about you.

You must provide proof of identity when enforcing the rights below.

You must inform us when your personal information changes.

Please contact our Information Officer to give effect to any of the below rights.

You have the right to request access to the personal information we have about you by contacting us. This includes requesting:

  • confirmation that we hold your personal information.
  • a copy or description of the record containing your personal information; and
  • the identity or categories of third parties who have had access to your personal information.

We will attend to requests for access to personal information within a reasonable time. You may be required to pay a reasonable fee to receive copies or descriptions of records, or information about third parties. We will inform you of the fee before attending to your request.

Please note that the law may limit your right to access information.

You have the right to request us to correct or delete the personal information we have about you if it is inaccurate, irrelevant, excessive, out of date, incomplete, misleading, obtained unlawfully or we are no longer authorised to keep it. You must inform us of your request in writing. It may take up to 15 business days for the change to reflect on our systems. We may request documents from you to verify the change in personal information.

A specific agreement that you have entered into with us may determine how you must change your personal information provided at the time when you entered into the specific agreement. Please adhere to these requirements. If the law requires us to keep the personal information, it will not be deleted upon your request. The deletion of certain personal information may lead to the termination of your business relationship with us.

You may object on reasonable grounds to the processing of your personal information.

We will not be able to give effect to your objection if the processing of your personal information was and is permitted by law; you have provided consent to the processing and our processing done according to your consent or the processing is necessary to conclude or perform under a contract with you.

Where you have provided your consent for the processing of your personal information, you may withdraw your consent. If you withdraw your consent, we will explain the consequences to you. We may proceed to process your personal information even if you have withdrawn your consent if the law permits or requires it. It may take up to 15 business days for the change to reflect on our systems, during this time we may still process your personal information. You must inform us of any objection in writing.

You have a right to file a complaint with us or any Regulator with jurisdiction about an alleged contravention of the protection of your personal information by us. We will address your complaint as far as possible.

The contact details for the Information Regulator is as follows:

Email: [email protected]

Postal Address: P.O. Box 31533, Braamfontein, Johannesburg, 2017

Physical Address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001.

 

How can you get in touch with us?

For any queries in relation to this letter or our processing of your personal information in general, you can contact our Information Officer and/or Deputy Information Officer at the following details:

Name: Claudia Swanepoel

Contact Number: 087 551 3315

Email Address: [email protected]

Physical Address: 22 Elizabeth Avenue, Pennington, Kwa – Zulu Natal 4184

Website Terms of Use
Last Updated 9 December 2017

By making use of any part of the intellihost website, the visitor agrees to the Terms and Conditions to follow and which constitutes as the Agreement between intellihost and the visitor of the website.


1. Website Owner

1.1 – The Website owner and required disclosures as required by the ECT act:

Website owner

Intellihost (Pty) Ltd
Registered Number

2015/112607/07
Directors

M Swanepoel
Phone

087 551 3315
E-mail

[email protected]
Web site

https://www.intelli.host
Physical Address

The Heights, 22 Elizabeth Avenue, Pennington, 4184
Registered Address

The Heights, 22 Elizabeth Avenue, Pennington, 4184


2. Website Disclaimer

  • 2.1 – Intellihost reserves the right to change the Terms and Conditions from time to time without informing the Visitor and such changes will form part of the binding Agreement between the Visitor and Intellihost.
  • 2.2 – Intellihost makes no warranties, expressed or implied, on any aspect of the website, including the content, functionality or suitability of the website or it’s content, and the website is provided “as is” and “as available”.
  • 2.3 – Intellihost renounce all responsibility and liability for any damages or loss, including but not limited to direct, economic or loss of profits that may be as a result of the use, or inability to use our website.
  • 2.4 – Intellihost forfits all responsibility for content of 3rd party suppliers that may be accessed through our website and will not be held responsible for any liability as a result of the viewing of such content or the use of 3rd party website contents and features.
  • 2.5 – The use of the intellihost website is strictly at the sole risk of the Visitor and Intellihost will not be held liable for any damages, losses whilst using the website or by the Visitors inability to use our website in part or in full.
  • 2.6 – Intellihost reserves the right to change the website as it sees fit, at any time, without any prior warning or notice to the Visitor, and that the sole responsibility to remain aware of such changes remains that of the Visitor.
  • 2.7 – Intellihost considers the following content on all related , but not limited to, as part of our intellectual property
  • 2.8 – All Rights to the intellectual property on the Intellihost websites and platforms are reserved. Reproducing any of our Intellectual Property without written permission in any manner is strictly prohibit.
  • 2.9 – All intellectual property on the intelli.host website, support center are the property on Intellihost Pty Ltd and protected from infringement by copyright, trademark and patent law. This includes, but are not limited to all content found on this website (www.intelli.host), and includes all content, artwork, trademarks, logos, images, downloadable content, domain names, patents, source code, metatags, text, icons and hyperlinks.
  • 2.10 – No content on the Intellihost Website should be considered as an offer but rather as an invitation to do business.

Domains, Hosting and VPS Terms & Conditions
Last Updated 5 November 2018

The Terms & Conditions listed on this page, along with our General Terms & Conditions, acts as the Agreement in which Intellihost will provide hosting services to the Client, and together acts as the Agreement in which both parties will do business.

By requesting of Intellihost to render hosting services to the Client, the Client agrees that it has read, understood and agrees to the Terms & Conditions and that our relationship within the context of the Services with be governed by this Agreement

1. Disclaimer

  • 1.1 – Unless the context clearly indicates to the contrary, any term defined in the General Terms will, when used in these Specific Terms, bear the same meaning as defined in the General Terms.
  • 1.2 – Intellihost, as a member of the ISPA, upholds the ISPA Code of Conduct which can be viewed at https://ispa.org.za/code-of-conduct/
  • 1.3 – Intellihost will take all possible measures to ensure that we can offer, maintain and support the Service to you, however, we offer no warranty that the Services are always available, error-free, updated and reliable. The Service is thus offered to the Client “as is” and “as available” and the Client accepts that using our Services is at their own risk.
  • 1.4 – Intellihost reserves the right to suspend or terminate any hosting account where it is found that the Client is in breach of either the Hosting Specific Terms, General Terms, Acceptable Use Policy or any other Policy linked to this Agreement.
 

2. Use at Own Risk

  • 2.1 – The Client agrees that the use of Intellihost shared hosting services are VPS’s is at the Client’s sole risk.
  • 2.2 – Intellihost will not be held liable for any content or material transmitted by or hosted on the Intellihost Infrastructure by the Client or any 3rd party that may transmit data to or on behalf of the Client. Intellihost does not moderate, monitor or control the content transmitted by the Client.
 

3. Domain Registration

  • 3.1 – Intellihost is an authorised ZACR registrar through whom we register and manage all of our South African based TLD’s (such as co.za, za.net etc). As a registrar of the ZACR we obey by the terms and conditions stipulated to us as part of our Agreement with them.
  • 3.2 – Intellihost makes use of international Suppliers for our registration and management of international TLD’s (such as .com, .net) and obey by the Terms and Conditions stipulated by the Supplier in respect to the TLD registered.
  • 3.3 – Through our domain registration Suppliers, we offer TLD’s available to our Clients for registration but do not make any guarantees of the availability, costs or renewal fees associated with such domain names.
  • 3.4 – By registering any domain name with Intellihost, the Client is bound to the Terms and Conditions outlined by such a TLD registrar and should familiarise themselves with such Terms and Conditions. Such Terms & Conditions will form part of the Terms & Conditions and this Agreement.
  • 3.5 – Domain Names are registered on a “first come first serve” basis and for that reason Intellihost cannot be held liable for not being able to register a selected or requested domain name that may have already been registered, even in the event where the domain name was still unregistered at the time of the order.
  • 3.6 – Intellihost offers no guarantee on the timeframe required to have a domain name populated across the required DNS servers to start making us of a domain name. These timeframes can take up to 3 working days to fully propagate across the globe and the Client cannot keep Intellihost responsible for any timeframes or any losses as a result of not being able to use a domain name in any given period.
  • 3.7 –  The Client will fully be liable for the cost of registration and the subsequently renewal fees of Domain Names registered. If a Client fails to pay either, Intellihost reserves the right to suspend or ultimately request for the deletion of such a Domain Name. Intellihost will not be held liable for any damages or losses as a result of any downtime as a result of non-payment for domain registration or the Clients inability to reregister a domain name that has been suspended and / or subsequently deleted.
  • 3.8 – By registering a domain name, the Client understands that it is purely leasing the domain name for the period in which the domain name is paid and that under no circumstances will the Client ever “own” the domain name.
  • 3.9 – Registration fees generally give a Client access to such a domain name for a period of 12 months unless explicitly purchased or renewed for a longer period of time.
  • 3.10 – All domain names registered will be registered in the Clients Name as the registrant and Intellihost will remain the authorative contact as the registrar, billing and technical contact. It is the Clients responsibly to provide Intellihost with the correct registrant information, which includes the name of the legal entity and correct contact details.
  • 3.11 – Once a domain name is registered Intellihost cannot change the name so it remains the responsibility of the Client to ensure that the name they have requested for registration is correct in both spelling, syntax and according to availability. The Client will be held liable for costs of registration regardless of whether they want to use the domain name and any corrections of a domain name will incur further costs of registering another domain name. In all cases the Client will be held liable for the costs of such registrations.
  • 3.12 – The Client indemnifies Intellihost against any loss or damage that Intellihost may arise from the registration or usage by the Client of a Domain Name.
  • 3.13 – When a domain name contact details are updated, the domain will for 5 days be in a “pending update” state which means that during that time no further changes can be made to the domain name. This includes updating contact details and nameservers. The Client cannot keep Intellihost liable for any damages or losses that may occur as a result of the 5-day waiting period.
 

4. Free Domain Registration

  • 4.1 – Intellihost fully reserves the right, at its own discretion, to offer free co.za domain names with the signup of a shared hosting service with Intellihost.
  • 4.2 – For the Client to be entitled to a free co.za domain name registration, they will have to retain their business with Intellihost for at least 12 months. In the event where a Client wishes to either cancel or transfer their domain away from Intellihost within the first 12 months, they will be liable for the full domain registration fee as per our current domain registration pricing for that particular TLD. Intellihost will only accept the transfer request once the Client has paid in full the outstanding amount signed to their account.
  • 4.3 – Intellihost reserves the right to waiver the free domain registration policy in the event where a Client has in the past abused our free registration policy by cancelling or transferring away a domain name within the first 12 months period.
  • 4.4 – Intellihost only offers free domain registration for co.za domain names along with the setup of any shared hosting service. No other TLD’s will form part of our free domain registration policy and the Client will fully be liable for all registration costs if the Client goes ahead and requests the registration of any other TLD other than co.za.
 

5. Domain Transfers

  • 5.1 – Intellihost will transfer domain names from other services providers to our network on the basis that the Client has the necessary authority to request for the associated domain name to be transferred away from the current registrar. The Client fully indemnifies Intellihost from any action in relations to the domain name transfer request or the sub sequential transfer to our network.
  • 5.2 – Intellihost will not move or transfer a domain name away within the first 5 days of registration as the domain will be in a “pending update” status with the registrar. The Client can request for the transfer away from Intellihost any time after this period providing all outstanding invoices have been settled.
 

6. Domain Renewals

  • 6.1 – Domain Names are generally renewed annually. Intellihost will provide the Client communications 60 days before the renewal date that a domain name they are the registrant of is up for renewal.
  • 6.2 – Domain Renewals are automatic and generally does not require any manual intervention by Intellihost or the Client. The Client agrees that their domain names will automatically be renewed unless the Client explicitly request for a cancellation or termination of the domain name within 30 days after receiving their domain renewal notice.
  • 6.3 – The Client agrees to any fees associated with the renewal of the domain name. Such fees are generally the same as the registration fees but may vary depending on the selected TLD.
  • 6.4 – Some TLD’s offer a discount on registration. The Client understands that the fee paid for the registration may not be the same on renewal.
 

7. Domain Cancellations

  • 7.1 – Intellihost will not cancel a domain name away within the first 5 days of registration as the domain will be in a “pending update” status with the registrar. The Client can request for the cancellation of the domain name from Intellihost any time after this period providing all outstanding invoices have been settled.
  • 7.2 – The Client understands that the result of cancellation of a domain name will mean the domain name will become available for registration by another person.
 

8. Payment Default of the Domain Services

If you fail to pay us any cost or charge relating to the registration, renewal, update, change, or administration of any Domain Name, we may:

  • 8.1 – Exercise a lien (right to withhold) over the Domain Name until the relevant cost or charge has been paid.
  • 8.2 – Obtain or allow the suspension, termination, or deletion of the Domain Name or
  • 8.3 – transfer the Domain Name to another Registrant.
 

9. Liability for Registration and Use of Domain Names

  • 9.1 – It is the Clients responsibility to ensure that by requesting Intellihost to either registrar or transfer a domain name on behalf of the Client, that such a domain name does not have any conflicts or disputes in relation to copyright, trademarks or Intellectual Property where the Client does not have the necessary authority within such a space. Intellihost assumes that if the Client has requested for the registration of a domain name, that the Client has the necessary authority to do so. The Client thus fully indemnifies Intellihost from any disputes that may as a result of the usage of a domain name.
  • 9.2 – Intellihost during registration of a domain name must furnish a minimum set of personal information (considered as the registrant information) which may be held on public record as the registrar of a domain name. The Client cannot keep Intellihost liable for the infringement or privacy or for disclosing information about the Client that may be held on public record as a result of registering or maintaining a domain name on behalf of the Client.
  • 9.3 – The Client indemnifies Intellihost by warranting that 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.
  • 9.4 – In the event where Intellihost has been made aware of a dispute about the rights of using a particular domain name as requested and registered by the Client, Intellihost will provide the accusing entity the necessary contact details and all further communications and obligations will remain that of the Client.
  • 9.5 – If it is found that the domain name does infringe on any rights of an external party, Intellihost may be lawfully required to transfer such a domain name to the entity wo whom the domain names rights belong to. Intellihost will inform the Client if we’re requested to fulfil such an obligation and such an obligation may be fulfilled without any compensation towards to the Client.
 

10. Content and Data

  • 10.1 – Intellihost has no interest in any content or data hosted by the Client on the Intellihost Infrastructure, providing the content does not infringe on any policy or condition stipulated within this Agreement or by Law. Apart from general monitoring, Intellihost does not monitor the actual content per client transmitted to our Infrastructure, and for that reason offers no involvement or responsibility for any content or data the Client transmits or Stores on our Infrastructure.
  • 10.2 – The Client cannot keep Intellihost liable for any loss, destruction or corruption of data, irrespective of this cause, including our negligence, your failure to back up your data, deletion of data by Intellihost after the Service has been terminated or any System error or failure whether foreseen or unforeseen.
 

11. Shared Hosting Services

  • 11.1 – Although Intellihost warrants that we’ve got the necessary equipment and resources to fulfil the hosting requirements of the Client, we offer such Services on an “as is” and “as available” basis and offers no warranty on the availability of such services.
  • 11.2 – Intellihost makes use of cPanel on our shared hosting services that is a collection of software packages that ultimately allows for the Client to host a website and make use of other services like email, FTP etc. For this reason, Intellihost does not offer any warranty that our services will run error-free or without interruption and any new features launched by cPanel or any associated 3rd party plugin we may make use of is at the discretion of the publishers and Suppliers.
  • 11.3 – In an attempt to ensure our services are always operational, Intellihost may perform regular software updates of our shared hosting services which may lead to downtime as a result of rebooting our hosts. Intellihost cannot be held liable for any downtime as a result of such upgrades and maintenance to our shared hosting services.
  • 11.4 – Intellihost offers no guarantee that there will not be any conflicts between current and existing software on our servers and the website or associated services hosted by the Client. If an upgrade on our servers were performed that leads to any functionality not working on the Clients website, Intellihost will not be held liable for the repair, upgrade or update of the Clients website and the Client fully indemnifies Intellihost from action as a result of downtime or malfunction of a Clients website.
  • 11.5 – Intellihost will not offer any warranty, support or liability for any software, scripts, packages or any executable program the Client uses in conjunction with the Service. Such liability always remains that of the Client.
  • 11.6 – Intellihost offers it’s shared hosting services on the premise that the Client will make use of such services exclusively for hosting a website along with reasonable mailing services for small teams. Intellihost does not offer our shared hosting facilities to Clients for enterprise purposes or any reason including mailing facilities for medium to large enterprises that require 100% uptime and availability, hosting systems or services that require high demand or resources or making use of our services for sharing or warehousing files, whether the Client has the authority and rights to such files or not. Intellihost reserves the right to suggest alternative solutions to the Client which would better suite their needs and may give notice to such Clients to move their services to other platforms.
  • 11.7 – Intellihost reserves the right to move any hosting package between different servers and different datacentres, providing such datacentres reside within the Republic of South Africa, at our own discretion and as deemed necessary.
  • 11.8 – The Client fully indemnifies Intellihost against any action as a result of the Client making use of Intellihost shared hosting facilities for whatever reason, including the transmission and storing of data on our services.
  • 11.9 – Intellihost implements hourly mail limits to ensure that all Clients on the cPanel managed servers have equal and fair availability to mail services. These limits ensure that a single client cannot consume and interrupt other clients from being able to send or receive their emails. Intellihost does not offer mail services for bulk mail transmissions on a regular basis.
 

12. Cloud Hosting (Virtual Private Servers)

  • 12.1 – Intellihost offers Virtual Private Servers (VPS’s) to Clients that are setup at and hosted at our Johannesburg Datacentre. Intellihost solely manages the cloud environment on which we host the VPS’s of our Clients making use of Citrix Xenserver as the Hypervisor for our VPS’s.
  • 12.2 – Xenserver requires regular updates that may require for the physical servers (hosts) to be rebooted in order for such updates to take place. Intellihost attempts to minimize such downtime by limiting maintenance window periods to times Intellihost deems as non-business critical periods (such as over weekends). The Client fully indemnifies Intellihost from action as a result of downtime due to hardware or software upgrades taking place in our cloud environment or selected hosts on which a VPS may be hosted for a Client.
  • 12.3 – Intellihost will perform basic setup of all VPS’s for the Client as per the Agreed upon setup between Intellihost and the Client, however, Intellihost offers no further management of the VPS other than the physical health monitoring of the VPS and the underlying infrastructure. The Client is solely responsible for the maintenance, Operating System Updates, backup and overall health of the VPS and cannot keep Intellihost liable for any damages, losses of any kind as a result of not properly managing the VPS or associated packages.
  • 12.4 – Intellihost will not be held responsible for the Client’s use of any software on the VPS provisioned for the Client. The use of any software on the VPS is at the risk of the Client.
  • 12.5 – Intellihost makes use of Xenserver Integrated Tools to monitor the VPS which will be installed on the VPS during setup. Intellihost reserves the right to suspend or shutdown the VPS if the Client tampers or removes these packages from the VPS.
  • 12.6 – In the event where a Client has access to the management interface to provision their own VPS’s in our Cloud Network, Intellihost strictly prohibits the creation of nested VPS’s or running any other hypervisor on top of our existing Xenserver hypervisor. If a Client is found to attempt in doing so, Intellihost reserves the right to suspend, shutdown both the nested hypervisors and all associated VM’s within such a hypervisor.
  • 12.7 – Intellihost reserves the right to move a VPS between servers and datacentres at our own discretion provided that the new or destination host resides within South Africa.
  • 12.8 – Intellihost offers no backups of VPS’s and the Client is solely responsible for the data hosted within their Intellihost managed VPS’s. The Client indemnifies Intellihost from any action in the event of loss of data or any downtime associated with the recovery of a VM in the event of hardware failure. 
  • 12.9 – In the event where it is found that a Client’s VPS is found to be either the target or source of any form of attack, such as Denial of Service Attack, Intellihost reserves the right to suspend, shutdown or disconnect the VPS from our network until such attack has been cleared.
 

13. Backups and Client Data on Intellihost Infrastructure

  • 13.1 – The Client is ultimately responsible for all of its data regardless whether the data is on its own device or hosted on Intellihost Infrastructure, regardless whether it is on our shared hosting platform or VPS. Intellihost strongly encourages the Client to make regular backups of all data associated with their services with Intellihost, including emails, website files, databases any whatever other data the Client deems as important, even if the Client believes that the data that resides on the Intellihost Infrastructure is backed up. Intelihost will not be held liable for any damages or loss of data of the Client hosted or that resides on our servers, even if such a loss was at a direct cause of Intellihost or an Intellihost team member.
  • 13.2 – Intellihost offers the ability to make a full account backup and download such backups from within cPanel, or take on a separate backup plan with Intellihost that will back up a VPS and its associated data on a regular basis, and the Client is required to make regular backups and store such backups at their own premises to ensure they can recover in the event of failure of Intellihost Servers.
  • 13.3 – Intellihost may make regular backups of our shared hosting facilities and that of the Client, but cannot offer any warranty on the availability, completeness or the status of such backups.
  • 13.4 – In the event where a Client recovers data from backups, Intellihost will not be held liable for the recovery process or any error that may occur as a result of such data recovery. This includes but are not limited to accidentally deletion or overwriting of files, emails and databases that may result in a website not working, missing data or any other negative impact towards the Client as a result of this action.
 

14. Email & Webmail

  • 14.1 – All email facilities offered by Intellihost is on an “as is” and “as available and Intellihost offers no warranty that mailing facilities will be available at all times and error free.
  • 14.2 – Intellihost does not offer any warranty or support for any mail clients such as Microsoft Outlook or any program that connects to our mail servers to download and transmit emails. Intellihost will attempt in assisting with the setup and support of such Clients, but such support should not be considered as part of the actual product offering offered by Intellihost.
  • 14.3 – Intellihost does not implement or have a system that would implement any kind of email archiving on behalf of a Client. The responsibility of regular backups and archiving of emails are solely that of the Client.
  • 14.4 – If a Client makes use of a program (like Microsoft Outlook) to download mails from our server to their Client, the Client understands that after such emails has been moved from our server to the desired location Intellihost has no further copies of such emails and Intellihost will not be held liable for any loss related to such a matter.
  • 14.5 – Intellihost offers 3 types of email management between the client’s device and our server:
    • 14.5.1 – POP: Should the Client choose to use POP, the Client understands that once the emails are downloaded in Outlook or similar, they will no longer be on our server, so in the event of damage, theft or similar to the Clients device, without regular backups, the Client will most likely lose all of their emails as a result of such occurrences. POP, when used with Outlook on Windows, will save the emails in a local database file with an .PST extension. Some mail clients have the option to save emails on the server for a x period of time, but this will only save items in the inbox and all sent items or other folders will not be stored. The Client fully understands these conditions and Agrees to not keep Intellihost liable for any loss of emails as a result of using a 3rd party program like Outlook to manage their mails with Intellihost
    • 14.5.2 – IMAP: Should the Client choose to use IMAP; their device will synchronise all emails between the device and our mail servers. Essentially, whatever is on the server will be on the device which further allows the client to setup their mailboxes on different devices. If a device were to be stolen the client would be able to recover emails as they are saved on our server. If anything were to happen to the actual mail server, especially related to storage or damage that cannot be recovered, the client would most likely not be able to recover their emails as the mail server would not have that storage and would essentially delete the emails from the local device. The only way to guarantee to avoid such a scenario is to make regular exports of your entire mailbox in Outlook to a PST file and safeguard such PST files either with an offsite backup solution. The Client understands this condition fully remove any liability from Intellihost in the event of any email or data loss.
    • 14.5.3 – Webmail: Intellihost, as a 3rd option, offers shared hosting clients a webmail facility which requires the email address and a password for the mailbox. The webmail facility can be accessed from anywhere in the world on a device with an active internet connection. This facility is free but requires for the client to be diligent in remembering their credentials and to safeguard such credentials as if someone has their password would be able to access their emails as well. Intellihost offers this webmail facility without warranty and the software and availability and features are as setup and provided by cPanel. Intellihost webmail facility makes use of IMAP to connect to your mailbox and carries the same condition as above under IMAP
  • 14.6 – The Client agrees that, irrespective of which technology they use to view and manage their email services hosted by Intellihost, the responsibility of regular backups is that of the Client and that it cannot keep Intellihost liable for any loss or damage as a result of data loss, server failure, downtime or the Clients ability or inability to use our mail services.
  • 14.7 – Intellihost offers assistance in setting up email addresses and with configuration of such addresses. Any advice given during this process should be considered as our best attempt at best practice and our willingness to assist the Client and not be seen as part of our service offering or as independent consultancy where all the Client’s needs were kept in consideration. The Client fully indemnifies Intellihost from being reprimanded based on advice given to the Client in relation to their email facilities where such device may have led to damage or loss on the Clients side.
 

15. Spam / Virus Filtering

  • 15.1 – Intellihost implements various spam filters and controls that attempts to scan incoming and outgoing emails for SPAM and other malicious content, however, offers no warranty that such implementations will be able to accurately detect any malicious content. The Client should ensure that they have digital security software like Anti-Virus programs on their PC to scan all incoming and outgoing emails and fully indemnifies Intellihost from any action where malicious content was received on their local PC through the Intellihost Infrastructure by email.
  • 15.2 – Intellihost cannot warrant that any anti-spam implementation would not incorrectly flag legitimate emails as SPAM and subsequently not deliver such emails or move such emails to a spam filter. The Client cannot keep Intellihost responsible for such actions and fully indemnifies Intellihost from action as a result of such processes.
 

16. 3rd party packages and Plugins

  • 16.1 – Intellihost makes use of a variety of 3rd party packages, systems and expansions on our shared hosting facilities and VPS’s. By making use of such packages, the Client agrees that by using those packages they may also contain additional Terms and Conditions that will form part of the Agreement.
  • 16.2 – The Client fully indemnifies Intellihost from any action against us as a result of using a 3rd party plugin, system or program we install and make available to Clients when using their Intellihost services.
  • 16.3 – The Client agrees that Intellihost cannot be held responsible for 3rd party plugins that does not work as desired, are faulty or not working. Intellihost offers such packages on a “as is” basis.
  • 16.4 – Intellihost does not offer any form of support on free 3rd party packages, plugins or software. Any support Intellihost offers is at the discretion of Intellihost and should not be considered as part of the sale or service offering offered within this Agreement.
 

17. Retention of Rights

  • 17.1 – Data transmitted and stored by the Client on Intellihost Infrastructure is the sole ownership of the Client and Intellihost holds no claim to any Intellectual Property or data the Client hosts on our Infrastructure.
 

18. IP Addresses

  • 18.1 – Intellihost offers IP addresses, either private or public, to Clients on a “as needed” basis as an additional addon on either their shared server or VPS service with Intellihost. Such IP addresses are offered on a rental basis only and the Client has no direct ownership of such an IP address.
  • 18.2 – If the Client cancels their IP address or underlying service associated to the IP address, the IP address will be returned to the available IP pool and may be rented out to other Clients. Intellihost can under no circumstances guarantee the availability of an IP address or a specific IP address.
 

19. Cancellations

  • 19.1 – Cancellation will be dealt with as per the General Terms and Conditions.
  • 19.2 – Upon Cancellation notice by either Client or Intellihost, the Client is requested to transfer, move or remove all associated data on the Intellihost server. If the Client intends to move their services to a new service provider, the move of such data is at the sole responsibility of the Client and Intellihost will not assist in moving data from our Infrastructure to another provider.
  • 19.3 – Upon Cancellation and Termination of Services, Intellihost will permanently remove all Client data from our Infrastructure. The Client is solely responsible for ensuring that backups are made of web content and email data, or any other data stored on their hosting space. Intellihost will not be liable for loss of data, or be obliged to provide any such data once the hosting contract term has expired. Any backups made by Intellihost will be made for legal purposes and not for data retention purposes and will not necessarily be made available to Clients on request.
 

20. Disclaimers, Limitations and Indemnities

  • 20.1 – Intellihost 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 INTELLIHOST IN RESPONSE TO THE ABUSE OF THE DOMAIN REGISTRATION SERVICES WHICH IT OFFERS.
  • 20.2 – The Client hereby indemnifies and holds harmless Intellihost 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 Intellihost has been advised of the possibility of such damages;
  • 20.3 – Intellihost 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.
  • 20.4 – Neither Intellihost, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that Intellihost’ 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 Intellihost Server service, unless otherwise expressly stated in this Agreement.
  • 20.5 – Intellihost specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
  • 20.6 – Intellihost is not responsible if an external company network and firewall is setup to block access to services Intellihost provides. If a Client’s network is setup to block certain ports or web addresses that compromise the services Intellihost provides it is the Client’s responsibility to ensure that their network configurations are changed as necessary.
  • 20.7 – Clients also hereby indemnify Intellihost against any 3rd party claims against themselves as resellers or services provided to the public or privately. Clients will be solely liable to external parties for losses and may, in no way, petition Intellihost to share or cover such losses or liability, either directly or indirectly. Intellihost is also indemnified from direct claims from Clients for losses incurred due to 3rd party actions or claims.
 

21. Domain Resellers

By Making use of the Domains Manager hosted at https://domains.intelli.host, you agree to the following Terms & Conditions:

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  • 21.1 – Resellers fully manage their own accounts. It is up to the Reseller to ensure that they have a full understanding of how the Domains Manager works and that they have the neccesary know-how on how to manage their domains using the Domains Manager.
  • 21.2 – Intellihost does not manage any of a Reseller’s domains. This includes the registration, management, renewals and services like account management and ensuring you have enough credit. All of these are managed by the Reseller themselves.
  • 21.3 – Resellers must ensure they have enough credit at all times to avoid issues with renewal and registration of domains. Resellers understand that if you do not have enough credit to renew a domain, the domain may be suspended and ultimately deleted.
  • 21.4 – Resellers must closely follow all emails and alerts sent to them from the Domains Manager, which will include domains up to renewal, autorenew statuses etc.
  • 21.5 – The Domains Manager by default sets autorenew of domains to false. If the domain is important to you (or your client), Resellers understand that they should make use of the Auto Renew option which will automatically renew the domain upon renewal date. If autorenew is disabled, and the registration period lapses, the domain will automatically be set to pending deletion by the registrar.
  • 21.6 – Resellers must at all times use the correct contact name and details for domain names registered for your clients. Under no circumstances may a Reseller use their own information, including email address, as the registrant of a domain name, unless you register the domain name for yourself. Intellihost reserves the right to suspend and ultimatley terminate a Reseller from our Domains Manager if it is found that resellers use their own information as registrant when registering a domain name for their clients.
  • 21.7 – Intellihost does not automatically top up reseller accounts. The Intellihost Domains Manager works entirely on a prepaid system where a Reseller can either make use of our credit card payment facility or alternatively contact your Account Manager to load credit added to your next Intellihost account.
  • 21.8 – Resellers must closely follow and ensure that they keep their Intellihost Domains Manager credentials secret.