Intellihost General Terms and Conditions
Last Updated 9 December 2017
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.
Combination of our general Terms and Conditions, product specific Terms and Conditions and all other annexures to any of these documents.
The initiation of any services or goods made by the customer to Intellihost (Pty) Ltd.
Acceptable Usage Policy
The Intellihost Acceptable Use Policy as outlined within this document
Any working day from Monday to Friday that does not fall over an official public holiday in the Republic of South Africa
Hours between 08:00 17:00 on each Business Day
The legal entity or party as described on an Application executed between it and Intellihost.
An interactive dashboard accessible through the Intellihost Website that allows customers to manage their individual Services with us.
Any data transmitted between the Client and a Intellihost System whether simply transmitted to our website or stored on any Intellihost System or during the utilization of a Service.
Electronic representation of any information of any form.
a collection of information that is organized so that it can be accessed, managed and updated.
The Intellihost Datacentre situated in Samrand, Johannesburg.
A system that manages records or entries that points Domain Names to various IP addresses and services.
A subdomain registered with an authorative registrar appropriate to its TLD.
An easy to remember name that is registered with a Registrar that points to various Services like websites and other systems through DNS entries.
Management of email mailboxes on any of our Services along with filtering and anti-virus systems that protect mailboxes from malicious activities.
Actual costs of services as outlined during a service Application, initiation of Service which is adjusted from time to time.
General Terms and Conditions
Any content that violates the law
Intellectual Property Rights
patents, registered designs, trade marks (whether registered or otherwise), copyright, trade secret rights, database rights, design rights, service marks and other intellectual property rights and rights to claim something as confidential information, including in other jurisdictions, that grant similar rights.
Means intellihost (Pty) Ltd or any other legal entity Intellihost (Pty) Ltd may assign, cede or delegate any of our rights or obligations to
Means the internet website published at https://www.intelli.host or any other website that is communicated to customers as our official website.
Maintenance on any Intellihost System required to prevent imminent faults or fix an existing fault that is likely to cause danger to our Systems or Client Data that may lead to interruption of services.
Computer software or code that when executed perform harmful tasks like allowing unauthorized access or management to any part of the Intellihost or Client Systems or Data that may expose confidential Data or disrupt, disable or impair Intellihost Systems or Client Services.
The actions by a Client that attempts to deceive or mislead any circumstance within this Agreement or during the day-to-day usage of any of our Systems.
the Client’s name, surname, address, e-mail address, telephone number, cellphone number, ID number, physical address, company name, contact ID number, credit card or banking details.
Primary Account Holder
The primary guardian of the legal entity which has an Account setup with Intellihost
Product Specific Terms and Conditions
Terms and conditions that govern a specific service offered by Intellihost to the Client that forms part of the Agreement between Intellihost and the Client.
The entity whom applied or has Domain Names registered to.
The authorative provider of any specific Domain TLD which Intellihost makes use of to register and manage Domain Names
An entity that makes use of Intellihost Services with the intent on reselling the Service, either as a white labelled product or in described by Intellihost.
Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2003.
A collection of computer hardware, software and connectivity equipment hosted at our Datacentre.
Service or Services
Services as rendered by Intellihost provided to the Client in terms of the Agreement
Order completed either telephonically, over email or via the Intellihost Website for services to be rendered by Intellihost to the Client governed by the Agreement.
A Supplier of goods and services to Intellihost.
Any actions by a Client or executed Malicious Code that damages, impair, disable or interfere with an Intellihost Service that may leave Intellihost or the Client’s sensitive data in breach or interfere with the workings of any Intellihost System.
System or Infrastructure
Means the collective equipment operated by Intellihost (Pty) Ltd that together forms part as a system on which we render and provide services including our servers, routers, firewalls, backup systems and power supplies.
User or Users
Client or any person accessing any of the Services provided by Intellihost
- 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@example.com 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 firstname.lastname@example.org 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@example.com 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 via email firstname.lastname@example.org 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@example.com 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 firstname.lastname@example.org 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.
- 17.1 - 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@example.com 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
- 19.2 - 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.
- 21.1 - 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
- 23.2.5 - 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.
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 firstname.lastname@example.org
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.
Domains, Hosting and VPS 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 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
- 1.1 - 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 6 months. In the event where a Client wishes to either cancel or transfer their domain away from Intellihost within the first 6 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 6 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.
- 19.1 - 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.
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.
- 1.1 - 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.
- 3.1 - 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.
- 4.1 - 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.
- 5.1 - 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.
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:
Intellihost (Pty) Ltd
087 550 2139
086 524 8763
Unit 17, Elephant Hills Estate, 24 Arizona Crescent, Northcliff, Johannesburg, 2195
PO Box 190, Bergbron, Johanneburg, 1970
Unit 17, Elephant Hills Estate, 24 Arizona Crescent, Northcliff, Johannesburg, 2195
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.
Last Updated 9 December 2017
To fulfill our duties as a Services Provider and to ensure that we give each visitor and user the best possible experience, Intellihost collects various information of visitors to our website, clients and other entities that connects to an Intellihost Service and Infrastructure.
- 1.1 - When signing up for an Intellihost Service, we will collect Personal Information from the Client in relation to the Service they sign up for. Such Personal Information will be captured and stored to our Database which resides in the Republic of South Africa.
- 1.2 - During our ongoing relationship with the Client, Intellihost may collect and update further details of the Client which will then form part of the Personal Information stored by the Client.
- 1.3 - Intellihost will transfer a minimum set of data of each Client, which includes the Client’s Business Name, Contact Person, email address and mobile number to our offsite website intended to alert clients if there is an outage at our datacentre. Such information will be transferred to our offsite website which resides in the Republic of South Africa, but outside of our datacentre. This data is collected and sent hourly and retained for a maximum of 2 weeks before it is deleted from the offsite website.
- 1.4 - Intellihost will never share any Client Information with anyone except in the event where the Client has provided us the necessary permission in relation to a support case or when we are legally required to do so.
- 1.5 - When a Client makes use of a debit order to make payments to Intellihost, the Clients bank account information will be electronically transferred to our Debit Order Merchant (SagePay). Such transfers are done over SSL to ensure encryption and banking details, when loaded through our automated debit order email, will not be stored in the Intellihost database and only be stored on the SagePay system which resides within the Republic of South Africa.
- 1.6 - Intellihost may use the Clients Personal Information to make contact with the Client to either inform them of any outages, downtime or any personalized promotions for the Client.
- 1.7 - Intellihost may use the Clients email address to send monthly newsletters. Such Newsletters are managed and sent from MailChimp which is a 3rd party Supplier to Intellihost and will include an unsubscribe link for the Client to unsubscribe in the event where they do not want such notices.
- 1.8 - Intellihost will never sell, trade or give your Personal Information to any 3rd party unless we’re legally required to do so.
2. Information Collected from Emails:
- 2.1 - When someone interacts with Intellihost via email that may contain Personal Information, Intellihost will only make use of such data in relation to the request by the person. Such data may be shared either to staff members of Intellihost or shared to 3rd party Suppliers who may be needed to assist in the original requirement by the person who sent the email. Intellihost will never, without your permission, share personal information with anyone outside of the scope of requirement.
- 4.1 - When someone either visits the Intellihost Website or any other Website or program connected to the Intellihost Infrastructure, we collect data of each such a request. Although in most cases not deemed Personal Information, such data may be used to identify an entity with sufficient effort. Data that we collect includes:
- 4.2 - The IP Address and Hostname from which the connection was made.
- 4.3 - Browser information and type of device that was used to connect.
- 4.4 - Date and time of the connection.
- 4.5 - What pages / content you were attempting to request, including the full URL and any parameters that may have been sent along or POSTED to the request.
5. Security of Data
- 5.1 - Although Intellihost makes use of all reasonable measures to protect the data of our Clients and visitors, Intellihost cannot be held liable for any damages or loss sustained by a user where their data was either intentionally or accidentally released by an Intellihost Employee or 3rd party.
Promotion of Access to Information (PAIA)
Last Updated 9 December 2017
This Manual is published in terms of Section 51 of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) (“the Act”). The Act gives effect to the provisions of Section 32 of the Constitution, which provides for the right of access to information held by the State and to information held by another person that is required for the exercise and/or protection of any right.
The reference to any information in addition to that specifically required in terms of Section 51 of the Act does not create any right or entitlement (contractual or otherwise) to receive such information, other than in terms of the Act.
1. INTELLIHOST (PTY) LTD. OVERVIEW
1.1 - Intellihost (Pty) Ltd. provides Internet Services and Access to its customers, in both the corporate and home market.
1.2 - Intellihost (Pty) Ltd. supports the constitutional right of access to information and we are committed to provide you access to our records in accordance with the provisions of the Act, the confidentiality we owe third parties and the principles of South African law.
2. AVAILABILITY OF THIS MANUAL
2.1 - A copy of this Manual is available by sending a request for a copy to the Information Officer by email. The Manual may also be obtained from our head office, the South African Human Rights Commission ("SAHRC") at the addresses set out below. This Manual will be updated from time to time, as and when required.
3. HOW TO REQUEST ACCESS TO RECORDS HELD BY Intellihost (PTY) LTD.
3.1 - Requests for access to records held by the Intellihost (Pty) Ltd. must be made on the request form that is available from the SAHRC website ( www.sahrc.org.za) or the Department of Justice and Constitutional Development (www.doj.gov.za) (under "regulations"). Note that requests need not be accompanied by payment BUT will only be processed upon payment of the prescribed fees.
3.2 - Requests for access to records must be made to our Information Officer at the address, fax number or electronic mail address provided for below.
3.3 - The requester must provide sufficient detail on the request form to enable the Information Officer to identify the record and the requester. The requester should also indicate which form of access is required and indicate if he or she wishes to be informed in any other manner and state the necessary particulars to be so informed.
3.4 - The requester must identify the right that he or she is seeking to exercise or protect and provide an explanation of why the requested record is required for the exercise or protection of that right. If a request is made on behalf of a person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the Information Officer of the Intellihost (Pty) Ltd.
3.5 - Kindly note that all requests to the Intellihost (Pty) Ltd. will be evaluated and considered in accordance with the Act. Publication of this manual and describing the categories and subject matter of information held by the Intellihost (Pty) Ltd. does not give rise to any rights (in contract or otherwise) to access such information or records except in terms of the Act.
4. CONTACT DETAILS
- Name of Private Body: Intellihost (Pty) Ltd.
- Designated Information Officer: Claudia Swanepoel
- Email address of Information Officer: email@example.com
- Postal address: PO Box 190, Bergbron, 1790
- Street address: Unit 17, Elephant Hills Estate, 24 Arizona Crescent, Northcliff, Johannesburg, 2195
- Phone number: +27 87 550 2139
- Fax number: +27 86 524 8763
5. HOW TO ACCESS THE GUIDE AS DESCRIBED IN SECTION 10 OF THE ACT
5.1 - The Guide described in Section 10 of the Act is due in August 2003. From that date it will be available from the South African Human Rights Commission. Please direct any queries to:
- The South African Human Rights Commission
- PAIA Unit
- The Research and Documentation Department
- Postal address: Private Bag 2700
- Telephone: +27 11 484-8300
- Fax: +27 11 484-0582
- Website: www.sahrc.org.za
- E-mail: firstname.lastname@example.org
6. VOLUNTARY DISCLOSURE
6.1 - Intellihost (Pty) Ltd. has not published a notice in terms of Section 52(2) of the Act, however, it should be noted that the information relating to Intellihost (Pty) Ltd. and its services is freely available on Intellihost (Pty) Ltd.'s website. Certain other information relating to Intellihost (Pty) Ltd. is also made available on such website from time to time.
6.2 - Further information in the form of marketing brochures, advertising material and other public communication is made available from time to time.
7. RECORDS AVAILABLE IN TERMS OF OTHER LEGISLATION Section 51 (1) (d)
7.1 - Information is available in terms of the following legislation, if and where applicable.
- 7.1.1 - Basic Conditions of Employment No. 75 of 1997
- 7.1.2 - Companies Act of 2009
- 7.1.3 - Electronic Communications and Transactions Act 25 of 2002.
- 7.1.4 - Labour Relations Act 66 of 1995
- 7.1.5 - Promotion of Access to Information Act No. 2 of 2000
- 7.1.6 - Regional Services Councils Act No. 109 of 1985
- 7.1.7 - Unemployment Contributions Act No. 4 of 2002
- 7.1.8 - Unemployment Insurance Act No. 63 of 2001
- 7.1.9 - Access to the records held by the private body in question
7.2 - The latest notice regarding the categories of records of the body, which are available without a person having to request access in terms of this Act in terms of section 52(2) Section 51(1)(c): Not applicable
8. RECORDS HELD BY Intellihost (PTY) LTD.
8.1 - Intellihost (Pty) Ltd. maintains records on the following categories and subject matters. However, please note that recording a category or subject matter in this Manual does not imply that a request for access to such records would be honoured. All requests for access will be evaluated on a case by case basis in accordance with the provisions of the Act.
9. Internal Records
- 9.1 - Financial records
- 9.2 - Operational records
- 9.3 - Intellectual property
- 9.4 - Marketing records
- 9.5 - Internal correspondence
- 9.6 - Product records
- 9.7 - Statutory records
- 9.8 - Internal policies and procedures
10. Personnel records
10.1 - Personnel refers to any person who works for or provides services to or on behalf of Intellihost (Pty) Ltd. and receives or is entitled to receive any remuneration and any other person who assists in carrying out or conducting the business of Intellihost (Pty) Ltd. This includes, without limitation, directors, executive directors, non-executive directors, all permanent, temporary and part-time staff as well as contract workers. Personnel records include the following:
- 10.1.1 - Any personal records provided to Intellihost (Pty) Ltd. by their personnel;
- 10.1.2 - Any records a third party has provided to Intellihost (Pty) Ltd. about any of their personnel;
- 10.1.3 - Conditions of employment and other personnel-related contractual and quasi legal records;
- 10.1.4 - Internal evaluation records; and
- 10.1.5 - Other internal records and correspondence.
11. Customer records
11.1 - Intellihost (Pty) Ltd takes each and every measure possible to keep our clients confidential information safe and secure. For that reason, we require very strong motivation to disclose any kind of customer record. Please regard Sections 63 and 67 of the Act.
Customer information includes the following:
- 11.1.1 - Any records a customer has provided to Intellihost (Pty) Ltd. or a third party acting for or on behalf of Intellihost (Pty) Ltd.;
- 11.1.2 - Contractual information;
- 11.1.3 - Personal records of customers;
- 11.1.4 - Credit information and other research conducted in respect of customers;
- 11.1.5 - Any records a third party has provided to Intellihost (Pty) Ltd. about customers;
- 11.1.6 - Confidential, privileged, contractual and quasi legal records of customers;
- 11.1.7 - Customer evaluation records;
- 11.1.8 - Customer profiling;
- 11.1.9 - Performance research conducted on behalf of customers or about customers;
- 11.1.10 - Any records a third party has provided to Intellihost (Pty) Ltd. either directly or indirectly; and
- 11.1.11 - Records generated by or within Intellihost (Pty) Ltd. pertaining to customers, including transactional records.
12. Technical records
12.1 - Technical records generated by, or within Intellihost (Pty) Ltd. pertaining to customers.
13. Other Parties
13.1 - Records are kept in respect of other parties, including without limitation contractors, suppliers, joint ventures, service providers and general market conditions. In addition, such other parties may possess records, which can be said to belong to Intellihost (Pty) Ltd. The following records fall under this category:
- 13.1.1 - Personnel, customer or Intellihost (Pty) Ltd. records which are held by another party as opposed to being held by Intellihost (Pty) Ltd.; and
- 13.1.2 - Records held by Intellihost (Pty) Ltd. pertaining to other parties, including financial records, correspondence, contractual records, electronic mail, logs, cached information, records provided by the other party, and records third parties have provided about the contractors/suppliers or customer.
14. Other Records
14.1 - Further records are held including:-
- 14.1.1 - Information relating to Intellihost (Pty) Ltd. own commercial activities; and
- 14.1.2 - Research carried out on behalf of a client by Intellihost (Pty) Ltd. or commissioned from a third party for a customer;
- 14.1.3 - Research information belonging to Intellihost (Pty) Ltd., whether carried out itself or commissioned from a third party.