Terms & Conditions
We dislike ‘Terms and Conditions’ as much as you do. Unfortunately they are a reality and a part of business, so we’ll try and keep them as straightforward as possible. The purpose of these terms is to protect both you and us. It’s our best attempt to clear up any issues that may cause problems later.
If you have any questions regarding these terms please email us at firstname.lastname@example.org and we will clarify the situation for you! We have tried to include everything that we think is appropriate here. Occasionally there are some things that we add to this page. Please be sure to visit this page on a regular basis if you wish to see the latest Terms and Conditions. You will receive computer generated invoices for all services rendered by ZenonHost.
All computer generated invoices and credit notes will be sent to you via electronic means. All your computer generated invoices and credit notes are also available via the Billing section in your ClientArea.
REVIEW PRODUCT CATEGORIES TERMS & CONDITIONS RESPECTIVELY:
Your attention is drawn in particular to clauses rendered in bold capitals in these terms. What follows is a summary for your convenience and does not form part of the agreement between you and ZenonHost. It is your responsibility to read the clauses referred to:
- You agree to provide ZenonHost with true and correct information in order to provide service to you and give ZenonHost permission to process your personal information (clause 4, 14).
- You agree that these terms may change and that you will check regularly for changes on the ZenonHost website (clause 5)
- You agree that abusive behaviour towards ZenonHost’s staff or brand will not be tolerated (clause 6).
- You agree that you will ensure that you choose and be responsible for the products that suit your needs (clause 8)
- You agree that failing to pay your ZenonHost account on time may lead to account termination and/or administrative fees and possible reconnection fees (clause 10, 16).
- You agree that either yourself or ZenonHost may cancel this contract by giving the other notice (clause 12.1)
- You limit ZenonHost’s liability and indemnify ZenonHost for various acts or omissions (clause 17).
1.1 “ZenonHost” means either of zenonhost.co.za or Kelbix Creations (Pty) Ltd or any other entity which zenonhost.co.za or Kelbix Creations (Pty) Ltd may assign, cede or delegate any of their rights or obligations to.
1.2 “ZenonHost System” means equipment operated together as a system by ZenonHost to provide any Service, including without limitation servers, peripherals, routers, switches, Software, Databases, cables, generators, and uninterruptible power supplies.
1.4 “Agreement” means these General Terms, Acceptable Use Policy, and applicable Service Terms, Service Orders and all annexures to any of these documents.
1.5 “Application” means a request for initiation of a Service(s) and / or provision of Good(s);
1.6 “Business Day” means any day other than a Saturday, a Sunday or a public holiday in the Republic of South Africa.
1.7 “Business Hour” means a period of 60 minutes between the hours of 08h00 and 17h00 South African Time, on a Business Day.
1.8 “Client” is the party described as such on any Application or Service Order executed between it and ZenonHost.
1.9 “Client Data” means Data:
1.9.1 transmitted to the Client using the ZenonHost System,
1.9.2 stored by the Client on the ZenonHost System (or on the Client System as the case may be), or
1.9.3 transmitted by the Client via the ZenonHost System,
1.9.4 in the day-to-day utilisation of a Service.
1.10 “Client Equipment” means any equipment installed at ZenonHost’s premises by the Client that ZenonHost does not own, including without limitation servers, peripherals, routers, switches, Software, Databases, Data cables, and uninterruptible power supplies.
1.11 “ClientArea” means the Client account login area of ZenonHost’s portal, accessed by using Client credentials and passwords;
1.12 “Data” means electronic representations of information in any form.
1.13 “Database” means a collection of related data including, but not limited to, text, images sound and video, all of which have been created and integrated using a method of connecting and displaying the data into a collection of interrelated independent files or data which are stored together.
1.14 “Domain” means an Internet subdomain registered with an authorised registrar appropriate to its top-level domain (“TLD”) and comprising its constituent domain name server records including, but not limited to, host names, aliases and mail exchange (“MX”) records.
1.15 “Emergency Maintenance” means maintenance to the ZenonHost System intended to remedy existing circumstances or prevent imminent circumstances that are likely to cause danger to persons or property, an interruption to the Communication Services, or substantial loss to ZenonHost, the Client or any third party.
1.16 “Fee” in respect of each Service will be as noted in the Fee Schedule provided to the Client on initiation of the Service and adjusted from time to time.
1.17 “Goods” means any and all goods to be provided by ZenonHost to the Client in terms of this Agreement, including without limitation equipment, hardware and third party software.
1.18 “Good Industry Practice” means the exercise of that degree of skill, diligence, prudence and foresight which would reasonably be expected from a skilled and experienced service provider providing similar services to those provided under this Agreement. Such a service provider would seek in good faith to comply with its contractual obligations, and with all applicable laws, codes of professional conduct, relevant codes of practice, relevant standards, and all conditions of planning and other consents.
1.19 “Intellectual Property Rights” means 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.
1.20 “Malicious Code” means anything that contains any computer software routine or code intended to:
1.20.1 allow unauthorised access or use of a computer system by any party, or
1.20.2 disable, damage, erase, disrupt or impair the normal operation of a computer system,
1.20.3 and includes any back door, time bomb, Trojan horse, worm, drop dead device or computer virus.
1.21 “Multi-Factor Authentication” refers to the process of establishing a user’s identity using several concurrent means of verification such as one-time pin, security questions or other forms of validation.
1.22 “OTP” means One-Time Pin or One-Time Password that is used for login to ZenonHost systems or for verification purposes.
1.23 “RICA” means the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2003.
1.24 “Services” generally means internet services and access but for each specific service offering the meaning will be specified in more detail, as provided in the additional terms for each of the listed options.
1.25 “Service Order” means a goods, license, services and / or work order agreed to in terms of this Agreement describing the specific Goods or Services to be provided by ZenonHost to the Client.
1.26 “Service Terms” means a document describing the terms on which ZenonHost will provide a particular Good or Service, as amended from time to time.
1.27 “General Terms” means this document.
1.28 “Software” means any computer programme (whether source- or object code), as well as any database structure or content, artistic work, screen layout, cinematograph film, sound recording, preparatory material, user or technical documentation or any other work created in connection therewith and any modifications, enhancements or upgrades thereto.
1.29 “Supplier” means a supplier of goods and / or services to ZenonHost.
1.30 “Two Factor Authentication” refers to the process of establishing a user’s identity using various methods, such as one-time pin and security questions.
1.31 “User/s” means the Client or any other person accessing any the Services provided by ZenonHost.
- How the Agreement Works
2.1 The Goods and Services that ZenonHost will provide to the Client will be described in Service Orders.
2.2 These General Terms apply to all Services.
2.3 More details of particular Goods or Services may be contained in Service Terms.
2.4 The Service Order(s), Service Terms, and this document together form the Agreement between ZenonHost and the Client. If the Parties enter into a Service Level Agreement or agree to an annexure to any of these documents, these will also form part of the Agreement.
2.5 If there is any conflict between any of these documents, they will be interpreted in descending order of precedence as follows: General Terms (this document), Service Terms, Service Order, Acceptable Use Policy, and Service Level Agreement, unless otherwise expressly stated in writing.
- Applications and Initiation
3.1 ZenonHost will provide the Goods and Services to the Client as described in an Application or Service Order in terms of the Agreement.
3.2 ZenonHost reserves the right to refuse to commence provision of Services based on the Client’s prior conduct.
3.3 An Application must be submitted via the ZenonHost Website or ClientArea. Once an Application is accepted by ZenonHost it becomes a Service Order.
3.4 Each Service Order (read with the other documents mentioned above) will be a separate contract between the Client and ZenonHost (unless amended or renewed by another Service Order).
3.5 The terms of one Application or Service Order will not apply to another, unless a Service Order amends or renews an existing Service Order or adds Goods or Services to an existing contract.
3.6 The Client consents to ZenonHost carrying out a credit check on the Client at any applicable credit bureau, and may make the provision of the Goods or Services dependant on its satisfaction with the results. ZenonHost may provide information on the Client’s payment record to a credit bureau.
3.7 If the Client is a juristic person, ZenonHost may require one or more of its officers to stand surety for the Client’s obligations under this Agreement. Even if the Agreement has commenced, ZenonHost may withhold providing the Services until the surety has been signed.
3.8 Depending upon the Service provided, ZenonHost may be obliged under RICA to obtain certain information and documents from the Client, and ZenonHost may withhold or suspend providing Services until the Client has provided the necessary information and/or documents to ZenonHost.
3.9 If the Client has not complied with a requirement of this clause, ZenonHost may delay providing the Goods or Services until the Client has complied. If the Client does not comply within a reasonable period, ZenonHost may terminate this Agreement and will not be liable for any damage that the Client may suffer as a result.
3.10 Commencement of the Services is subject to a seven-day cooling-off period which will be interrupted if the Service in question is made available to the Client during this period.
- Client’s Commitments
4.1 The Client confirms that all statements made to ZenonHost are true and correct. ZenonHost reserves the right to request proof of any facts or claims. The Client also commits to providing ZenonHost with necessary information required in the provision of the selected Services, and (where applicable) consent to the use or sharing of this information with 3rd parties to comply with regulatory conditions (such as Domain Registration Listings) within the guidelines of applicable privacy legislation.
4.2 ZenonHost reserves the right to, at any time, request verification of the identity of the Primary Account Holder. Failure to produce such verification could result in summary suspension or cancellation of the product(s) and Services.
4.3 The Client (or the Client’s agent) certifies that the Client is above the age of 18 years, has full contractual capacity and (in the case of an agent) is duly authorised by the Client to contract on the Client’s behalf.
4.4 ZenonHost’s website and attached systems, such as ClientArea, are designed to facilitate reasonable use of the ZenonHost products and Services. ZenonHost reserves the right to suspend or terminate users who are improperly using features of the systems to avoid billing, shaping, suspension or any other system controls, or exploit bugs or limitations in the system design to effect avoidance of system controls or commit crimes. ZenonHost reserves the right to deem an activity as “unreasonable exploitation of the system” and will take appropriate action based on the circumstances and severity of the incident(s).
4.5 The Service Order(s) and this Agreement, the Services or the interpretation of the supporting documents shall be governed by the laws of the Republic of South Africa and the courts of South Africa will decide any disputes.
4.6 If the Client or its staff engages in behaviour that is a contravention of the Acceptable Use Policy or may be considered offensive to ZenonHost or its staff, ZenonHost reserves the right to suspend or terminate the Client’s Services, irrespective of the form and medium of this abuse.
4.7 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.
4.8 ZenonHost reserves the right to remove any content hosted by a Client which it considers illegal or contrary to the AUP or for which it has received a takedown notice.
- Terms Subject to Change
5.1 ZenonHost may amend the General Terms and Service Terms at any time. The amended versions will be posted on the ZenonHost Website, and ZenonHost will as soon as possible after posting the amendments make reasonable efforts to advise the Client of them by email and via ClientArea. The Client also has a duty to duty to keep itself informed of the latest version of the above documents by accessing the ZenonHost Website on a regular basis.
5.2 ZenonHost must give at least one calendar month’s notice for the amendments, which will become effective at the beginning of the first calendar month after the notice period has expired.
5.3 If the Client objects to any of amendment, it may terminate the Agreement, and the termination will become effective at the end of the normal notice period.
5.4 If ZenonHost changes its Fees, the change must take place as described in this clause.
- Interactions with Staff and ZenonHost Brand
6.1 Clients will be held accountable for their conduct towards ZenonHost staff and in the public domain with regard to allegations or malicious conduct directed towards ZenonHost or its staff.
6.2 Abusive behaviour, including (but not limited to) aggression, bullying, offensive language or conduct, including threats, humiliation or any type of intimidation on a forum or directed at ZenonHost or its staff will be deemed abusive and will not be tolerated. Such conduct may constitute an AUP violation and ZenonHost reserves the right to suspend or terminate Services to a Client in such cases.
6.3 Clients using public platforms to spread libel, false allegations, unreasonably or maliciously diminish the reputation or public perception of the ZenonHost brand (or its staff) may have their Services suspended or terminated, depending the severity and circumstances of the incident(s), and may also be regarded as contrary to the AUP.
- Availability of Services
7.1 ZenonHost cannot guarantee the provision of the requested Service upon the receipt of an Application.
7.2 Provision of the Service is subject to ZenonHost confirming that it is technically feasible to do so.
7.3 Applicants will be formally notified after receipt of an Application whether or not the Service can be provided.
- Choice of Services and Products
8.1 ZenonHost offers online application and signup for all products and Services only via ClientArea. The Client is solely responsible for ensuring that their choice of product or service conforms to their requirements or desired outcome. ZenonHost will not be liable for compensation, costs or damages resulting from incorrect selection of products or services, or resultant delays in rectifying such errors.
8.2 Sign-up for products and services is subject to the cooling-off period described in section 44 of the Electronic Communications and Transactions Act (“the ECT Act”).
8.3 ZenonHost provides Services on the basis of information provided by the Client, and ZenonHost offers no warranty as to the suitability of the Services beyond the requirements as expressed by the Client.
8.4 ZenonHost reserves the right to stop offering particular Services if it deems it necessary. ZenonHost will then either provide the service for the remainder of the time that has been paid for or refund the amount paid for that specific package.
- Referral Programme
9.1 Clients may only use a referral programme to refer other possible clients. Clients that try to refer themselves via other accounts, whether setup using spoofing methods or simply as duplicate referrals will not receive any discounts.
9.2 Should a referred client decide to cancel its services within three months of signup, ZenonHost reserves the right to reverse both the referrer and the referee’s credits.
- Payment and Penalties
10.1 ZenonHost reserves its rights to change its prices at any time on reasonable notice, which will not be less than 30 days, as per the minimum term of a month to month agreement.
10.2 ZenonHost only accepts Paypal, Bitcoin, Debit Order and Payfast (Visa/Mastercard) payments for month to month products / services, and will only accept alternative payment under specific circumstances and only by prior arrangement at ZenonHost’s discretion.
10.3 The Client’s monthly debit orders of the Fee will be submitted monthly in advance on or about the first Business Day of the month. This will apply to both Debit Order Payments and Visa/Mastercard Payments.
10.4 ZenonHost will not accept any liability or responsibility for delays, suspensions or impact to Services due to use of non-approved payment methods by Clients.
10.5 If the Client’s debit order bounces for any reason, ZenonHost reserves the right to resubmit the debit order at any time.
10.6 Non-payment of any Fee by its due date, whether as a result of unpaid Debit Orders, declined cards or any other cause may result in immediate suspension of Services (which may not be limited to the particular Service in question). ZenonHost retains the right to suspend any Services for non-payment, and to withhold such Services until all arrears are settled in full on any and all products and Services.
10.7 Services which have been suspended for non-payment of Fees will remain suspended until payment has been made and the Service is reconnected as described below. The Client will not be credited for data or Services that would otherwise have been available to the Client during the period of suspension.
10.8 If the Client remains in default of a monthly Fee for two consecutive calendar months, ZenonHost may terminate the agreement with immediate effect. The Client will remain liable for all Fees and charges for any period of suspension.
10.9 Should the Client settle the unpaid Fee they will be reconnected as described below.
10.10 ZenonHost may charge an Admin Fee for failed or returned payments, regardless of method of payment or the reason for non-payment. Such Admin Fees are payable immediately and in conjunction with the outstanding fees which resulted in non-payment. Admin Fees will be calculated on a sliding scale based on the number of incidents of non-payment on the Client’s payment record. Non-payment of Admin Fees will be considered non-payment and will be subject to the same terms. Once levied, Admin Fees are not recoverable or reversible, regardless of whether payment is made within the prescribed period.
10.11 If the Client’s Services are suspended or terminated for any reason, including non-payment, ZenonHost may charge a Reconnection Fee for subsequent reactivation of services as described in ClientArea. Reconnection Fees are payable in full before any services can be reactivated, once suspended. ZenonHost may charge multiple reconnections Fees where multiple products are affected, and may charge “escalating” penalties for repeated non-payment offences. Any prior leniency shown in this regard will not prejudice ZenonHost’s right to enforce such penalties in full at any time (within their discretion).
10.12 Reconnection of Services may be subject to a waiting period of up to 72 hours, at ZenonHost’s discretion, regardless of when payment is received or cleared. 10.13 In cases of suspension of Services due to non-payment, ZenonHost reserves the right to levy both Reconnection Fees and Admin Fees. Any and all penalty fees must be settled in full, prior to reconnection of affected services.
10.13 Both Admin and Reconnection fees will not exceed R400 (charged on a sliding scale based on the number of incidents of non-payment), and this amount is based on (but not limited to) a reasonable estimation of accumulated administrative costs (such as labour), bank penalties and resubmission charges levied by payment carriers.
10.14 In the case of billing disputes, the onus is upon the Client to raise such disputes in good time through the complaints procedure set out in these Terms to prevent interruption of services while the billing is in dispute. Reparations will be made to Clients with successful disputes by means of an account credit or refund, at ZenonHost’s discretion.
10.15 ZenonHost reserves the right to terminate services where a Client has shown a repeated disregard for payment terms and consistently fails to make regular scheduled payments on time and using approved payment methods. The conditions of termination will be based on guidelines determined at ZenonHost’s discretion and may vary. The means and terms of termination will be determined at ZenonHost’s discretion. Notice of termination will be provided to the best of ZenonHost’s ability, but ZenonHost will not be held liable for claims or requests for further provision of services once a Client’s services have been terminated due to non-payment.
10.16 Unless otherwise agreed:
10.16.1 Billing will commence on the date that Service provision commences. Partial months will be charged pro rata.
10.16.2 Services are billed in advance and all invoices must be paid by the Client in advance.
10.16.3 Any Services invoiced in arrears are payable on presentation of invoice.
10.16.4 All Fees and other amounts payable are quoted exclusive of VAT.
10.17 Interest will be charged on any amount that remains unpaid by the Client beyond the due date of payment:
10.17.1 The interest rate will be 2% (two percent) above the prime overdraft rate (percent, per annum), up to a maximum of 2% per month.
10.17.2 The prime overdraft rate will be as charged by ZenonHost’s bankers at the time, which will be evidenced by a certificate issued by any manager of that bank, whose authority it shall not be necessary to prove.
10.18 The interest will be calculated from the due date of payment to the date of actual payment, both days inclusive, and will be compounded monthly in arrears. The Client agrees and undertakes to pay the interest.
- Debit Order Authorisation
11.1 By accepting these terms, the Client hereby authorizes ZenonHost to debit their nominated bank account or Visa/Mastercard any variable amount pertaining to the service or products they have selected, on sign up for a calculated pro-rata and thereafter at the beginning of each month (or on signup entirely for purchase of non-service products). This sum being the amount for settlement of the monthly amount due by the Client in respect of services or products.
11.2 The Client authorises ZenonHost’s nominated agent to debit their bank account or Visa/Mastercard on ZenonHost’s behalf (the “authorized party”). The debit authority will remain in force until such services or products are cancelled, subject to the condition that Client agrees that debits related to cancellation notice periods will be honored before the expiration of the debit authority.
11.3 The Client agrees that the authorized party 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 the authorized party.
- Term and Termination
12.1 ZenonHost operates Month-to-Month contracts. Either the Client or ZenonHost may terminate the agreement, or a particular Service, by giving one calendar month’s notice to the other. For example if notice is given on the 15th of January, termination will take effect on the 1st of March. Particular Service Terms may allow for shorter notice periods.
12.2 The Client must give notice of termination to ZenonHost via ClientArea. Cancellation of any Service is the Client’s responsibility and all tools to effect such cancellation are provided in ClientArea. The Client is responsible for ensuring that such cancellation of service is actioned with due attention to terms of cancellation, as well as cancellation conditions which require the Client to specifically indicate a required process. Should the Client incorrectly complete the cancellation process, ZenonHost will not be liable for any additional costs or compensation due to the error.
12.3 Either party may terminate this Agreement and any service provision where there is a breach of this Agreement by the other which has not been remedied within seven (7) days of receipt of written notice to do so.
12.4 ZenonHost reserves the right to terminate agreements based on a breach of this agreement, or linked agreements (such as their Acceptable Use Policy) which is viewed as a breach of the whole service contract.
12.5 The Client acknowledges that ZenonHost may terminate this Agreement by written notice, including email, and without liability in the event of the termination of its agreement with an upstream licensee relevant to the provision of any connectivity Service.
12.6 ZenonHost reserves the right to deactivate or terminate selected Free Products, such as Free SSL, should they not be used within a prescribed period or at ZenonHost’s sole discretion. Such termination will take place automatically, as per product specifications, and may occur without prior warning. ZenonHost accepts no liability should such termination take place, and not warranty is made regarding the availability of said products in the future. For example, should a Free SSL be deleted if not used within 90 days, ZenonHost makes no warranty that the number can be made available again, and accepts no liability for any consequences resulting in the deletion of the product. ZenonHost reserves the right to terminate products provided as Free products where a breach has occurred (such as non-payment) in relation to other products, whether or not such breach has direct or indirect bearing on the Free product service provision.
13.1 Should ZenonHost agree to the acquisition or transfer of any or all of it’s services to another company, such services and services agreements will be transferred to the acquiring entity. Clients affected will be notified of such changes and any potential impact to their service agreement within the minimum term (30 days) of a month to month agreement.
- Client Information and Privacy
14.1 Clients signing up for services as a Primary Contact are considered as “the client” and no other parties will be permitted access or authority to the Client Account, even if they are a 3rd party recipient or affiliate of the “client”.
14.2 ZenonHost will observe all privacy of information best practices, in accordance with the applicable laws of South Africa, including the Protection of Personal Information Act (POPI) of 2013.
14.3 The Client consents to ZenonHost processing Personal Information transmitted to the ZenonHost System in a way which is consistent with the Service being provided. Where the Client’s use of a Service leads to the transmission of Personal Information to or from the Republic of South Africa, the Client acknowledges that it has a duty to comply with any relevant statutory provisions dealing with data privacy either in the Republic of South Africa or in any foreign country to which the Personal Information is transmitted. The Client warrants that it has obtained the consent of any third party for the use of that party’s Personal Information in this way, or otherwise that such processing is lawful, and indemnifies ZenonHost from any claim brought by such third party as a result of its failure to do so.
14.4 ZenonHost may retain backups as a matter of course for up to one year after termination, and the Client consents to such retention. However ZenonHost gives no warranty in respect of the effectiveness of such backups (if any).
15.1 ZenonHost will implement measures in line with Good Industry Practice to ensure the security of the ZenonHost System and the physical security of ZenonHost’s premises, but gives no warranty that breaches of security will not take place.
15.2 If the Client discovers a security violation, or thinks that a security violation is imminent, it must immediately notify ZenonHost in an appropriate way that does not further compromise security concerns.
15.3 If the Client suffers damage as a result of loss or corruption of Client Data through a security violation, it will be liable for the damage if the violation was the Client’s fault.
15.4 The Client must not do anything that may prejudice the security of the ZenonHost System, and must take all reasonable measures necessary to ensure that:
15.4.1 no unlawful access is gained to ZenonHost’s premises, the ZenonHost System, or the Client’s own system;
15.4.2 no Malicious Code is introduced into the ZenonHost System; and
15.4.3 the Client Data is safeguarded.
15.5 If a security violation occurs, or ZenonHost is of the view that a security violation is imminent, ZenonHost may take whatever steps it considers necessary to maintain the proper functioning of the ZenonHost System including without limitation:
15.5.1 changing the Client’s access codes and passwords (or those of any user of the ZenonHost System), and
15.5.2 preventing access to the ZenonHost System.
15.6 ZenonHost takes reasonable measures to provide disaster recovery but does not warrant that recovery will be successful or that it will be completed within any time limit.
15.7 The Client must give its full cooperation to ZenonHost in any investigation that may be carried out by ZenonHost regarding a security violation.
15.8 If the Client is providing any service to third parties that makes use of the ZenonHost System, the Client must contractually bind those third parties to equivalent terms regarding security as are set out in this clause 15.
15.9 ZenonHost may on prior written notice to the Client inspect the Client’s installation and Client Equipment located on ZenonHost’s premises to ensure compliance with the building regulations and restrictions agreed between the parties.
15.10 By signing up and submitting personal information to ZenonHost, clients expressly agree to validation and verification methods such as Two Factor Authentication and/or Multi-Factor Authentication, using personal information submitted, or such information as required by ZenonHost from time to time. The method of verification used will be implemented at the discretion of ZenonHost. Clients hereby grant authority to ZenonHost to use personal information for this purpose, including sending OTP information via SMS to their mobile phones.
- Suspension or Terminations of Service
16.1 ZenonHost may, subject to this Agreement or Acceptable Use Policy, suspend or terminate services of a Client in its absolute discretion by providing email notice if:
16.1.1 the Client commits a serious or repeated breach of the Agreement or the Client engages in any conduct which in ZenonHost’s opinion would have a negative impact on ZenonHost, other clients or ZenonHost’s staff or is detrimental to the welfare, good order or character of ZenonHost; or
16.1.2 Any part of the Client’s Fees are not paid in full when due; or
16.1.3 The information the Client supplied to ZenonHost is found to be incorrect or false;
16.1.4 ZenonHost reasonably thinks that the Client’s use of the Services may result in the commission of a crime or is otherwise unlawful.
16.2 ZenonHost reserves the right to effect such suspension or termination without notice, depending on the severity of the breach, but will undertake to inform Clients where possible. Upon such suspension or termination, such Clients:
16.2.1 Will not be eligible for reimbursement / compensation, unless at ZenonHost’s discretion
16.2.2 Will not be eligible for payment under the Double Money Back Guarantee or similar promotion
16.2.3 May be further barred from signing up for any services with ZenonHost in the future
16.2.4 May be reported to governing bodies, such as ISPA, for listing purposes
16.2.5 May be listed with applicable authorities and credit bureaus.
16.3 The period of suspension will be that which is reasonable under the particular circumstances that gave rise to the suspension.
- Limitation of Liability and Indemnity
17.1 ZENONHOST 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 ZENONHOST WILL MOREOVER NOT BE LIABLE WHETHER THE LOSS WAS THE RESULT OF THE ACT OR OMISSION OF AN ZENONHOST EMPLOYEE, VICARIOUS OR STRICT LIABILITY.
17.2 In the event that ZenonHost is nonetheless held liable, the quantum of ZenonHost’s liability will not exceed the monthly or pro-rata fees due for the Service that occasioned the loss, in the preceding three (3) months, regardless of whether the claim arises out of negligence on the part of ZenonHost or any other cause.
17.3 USE OF THE SERVICES INDICATES THAT THE CLIENT INDEMNIFIES AND HOLDS HARMLESS ZENONHOST IN RESPECT OF ANY DAMAGES, LOSS OR COSTS OR CLAIMS INSTITUTED AGAINST ZENONHOST ARISING FROM ANY APPLICATION OR SUBSCRIPTION TO OR USE OF ANY SERVICE OR BREACH OF THE TERMS AND CONDITIONS APPLICABLE TO IT.
17.4 These limitations on liability and indemnities apply to the benefit of ZenonHost and ZenonHost’s Affiliates, directors, officers, employees, contractors, agents and other representatives, as well as any third parties whose networks are connected to the ZenonHost System.
17.5 Nothing contained in this clause 17 will limit the Client’s liability in respect of charges incurred for ongoing Services.
17.6 If the Consumer Protection Act 68 of 2008 is applicable to this Agreement, and any provision of this clause 17 is found by a court or tribunal with jurisdiction over ZenonHost 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 17 will have full force and effect.
17.7 In the case of ambiguity, this clause 17 will take precedence over any expression of the Parties’ intention, whether express or implied, that may be contained elsewhere in this Agreement.
18.1 All requests by the Client for the provisioning, modification or termination of Services, and for modification of contact and other personal information must be made via ClientArea and ZenonHost reserves the right to ignore any such request made in any other manner.
18.2 The Parties choose their addresses where they will accept service of any notices/documents for all purposes (apart from as described in clause 19.1) arising from this Agreement (domicilium citandi et executandi):
18.2.1 in the case of ZenonHost, email: email@example.com
18.2.2 in the case of the Client, the addresses set out in the most recent Service Order agreed between the Parties.
18.3 Either Party may vary its given postal address or other contact details by notifying the other Party in writing.
18.4 Any notice given in terms of this Agreement must be in writing and any notice given by any Party to another (“the addressee”) which:
18.4.1 is delivered by hand will be deemed to have been received by the addressee on the date of delivery; or
18.4.2 if sent by fax during Business Hours, upon production of a satisfactory transmission report by the fax machine which sent the fax and if outside such Business Hours then at the beginning of the next Business Day; or
18.4.3 is transmitted by email will be deemed to have been received upon confirmation of receipt (not automated receipt) thereof by the addressee; or
18.4.4 is posted by pre-paid registered post from an address within the Republic of South Africa to the addressee at its chosen postal will be deemed to have been received by the addressee on the 7th (seventh) day after the date of posting.
18.5 Despite the above:
18.5.1 any notice that ZenonHost sends by email to an email account hosted on the ZenonHost System by the Client will be deemed to have been received by the Client on the date of transmission; and
18.5.2 if a written notice or communication is actually received by one of the Parties from the other, this will be adequate written notice or communication to that Party.
- Interpretation & General
19.1 Whole Agreement. This Agreement is the whole of the agreement between the parties, and no document or statement not mentioned above will form part of it. Only a written variation, waiver or cancellation agreed to by both parties will be of any effect.
19.2 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.
19.3 Survival. For the avoidance of doubt, any provision of this Agreement that anticipates any right or duty extending beyond the termination or expiry of this Agreement will survive the termination or expiry of this Agreement and continue in full force and effect.
19.4 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.
19.5 Representatives. The signatories hereto acting in representative capacities warrant that they are authorised to act in such capacities, and accept personal liability under this Agreement should they prove not to be so authorised.
19.6 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.
19.7 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.
This document contains the Terms and Conditions for registration, transfer and updates to Domain Names in the .co.za, .web.za, .org.za, .net.za, .africa, .capetown, .joburg and .durban namespaces. These terms are part of and incorporate by reference the ZenonHost General Terms.
Please note the following important clauses:
- You license a domain name to a 3rd party, you will be liable for harm that arises as a result (clause 7.3)
- You warrant that certain information given to us is correct and that you will not use the domain name to infringe intellectual property or in unlawful ways; you indemnify us and the registry if any loss results from a breach of this warranty (clause 8).
- You consent to processing of personal information as described in clauses 10.1 and 10.2
- If you submitted personal information from a third party, you warrant that you have obtained consent from that party (clause 10.4)
- You exempt and indemnify the registry from all loss relating to its registration of a domain name (clause 11)
The following definitions apply to these Registrant Service Terms:
1.1 “Administration Sites” means the Registry’s official administration website/s including, but not limited to: http://www.registry.net.za and the Registrar’s official administration website/s including, but not limited to: https://www.zenonhost.co.za.
The following definitions apply to these Registrant Service Terms:
1.2 “Agreement” means the Application read together with these Registrant Service Terms.
1.3 “Applicant” means the party making application for the delegation, transfer or update of the Domain Name in terms of this Agreement, and who will be identified as the Registrant in the Application.
1.4 “Domain Name” means the Domain Name in the Namespace, designated in the Application, and governed by the Agreement.
1.5 “Effective Date” means, in respect of the delegation of the Domain Name to the Applicant, the date on which such delegation is registered by the Registry (as evidenced by an electronic message from the Registrar to the Applicant confirming same).
1.6 “General Terms” means the Registrar’s (ZenonHost’s) General Terms.
1.7 “ICANN” means the Internet Corporation for Assigned Names and Numbers, a California non-profit, public benefit corporation.
1.8 “Namespace” means the .co.za, .web.za, .org.za, .net.za, .africa, .capetown, .joburg or .durban name space of the Internet as the case may be.
1.9 “Personal Information” means information relating to an identifiable, living, natural person.
1.10 “Registrar” means ZenonHost.
1.11 “Registrar Accreditation Agreement” means the agreement entered into between the Registrar and ICANN in terms of which the Registrar is accredited by ICANN as a registrar.
1.12 “Registry” means ZA Central Registry NPC, a company registered in accordance with the laws of South Africa with registration number 1988/004299/08, its successors or permitted assigns.
1.13 “Registry-Registrar Agreement” means the agreement between the Registrar and the Registry in terms of which the Registrar is accredited as a registrar for a Namespace.
1.14 “Published Policies” means those specifications and policies established and published by the Registry from time-to-time relating to the administration of a Namespace, and includes the Launch Policy, Uniform Domain-Name Dispute-Resolution Policy. The published policies can be found on the Administration Sites.
2.1 The Registry is responsible for delegating (registering) domain names in the Namespaces.
2.2 These terms and conditions apply to all the above mentioned domain names.
2.3 The Applicant also agrees to be bound by the Published Policies.
3. Status and Precedence
3.1 In addition to the General Terms, these terms and conditions govern the use of the ZenonHost registrar services. By contracting with ZenonHost for the services a Client will be lawfully regarded as having agreed to their use of the services specified being governed by this Agreement.
3.2 To the extent that any provision of this document conflicts with the provisions of the General Terms, the provisions of this document will prevail.
3.3 In providing the registrar services the Registrar is bound by the provisions of the Registrar Accreditation Agreement and the Registry-Registrar Agreement. If the Registrar acts contrary to any provision of this Agreement as a result of an obligation to either ICANN or the Registry set out in such agreements (including compliance with the Published Policies or any mandatory ICANN policy), such act or omission will not be a breach of this Agreement.
4. Registration, Transfer and Deletion
4.1 The Domain Name will be delegated (registered) once it has been accepted and approved by the Registrar and the Registry and after payment of the relevant fees.
4.2 The Domain Name registration will continue after the Effective Date for the period described in the Application unless it is transferred or otherwise deleted as described in this Agreement or one of the documents referred to in it.
4.3 The Domain Name may be renewed upon payment of the relevant fees, and this Agreement will be renewed upon each renewal or other extension of the Domain Name’s registration period.
4.4 It the Applicant wishes to transfer the Domain Name to another registrant (which is done by updating the domain name record), the Applicant must ensure that the new registrant has agreed to the terms of this Agreement. The Registrar will not give effect to the transfer until it has received confirmation of such agreement.
4.5 The Registrar’s deletion and auto-renewal policy will not differ from the parameters set out in the Published Policies by the Registry. The Registrar will under no circumstances be liable if any Domain Name is deleted due to the Applicant’s failure to renew the Domain Name registration.
5.1 See the provisions of the General Terms as they relate to fees, which are deemed to form part of this clause 5.
5.2 Should the Applicant fail to pay any of the fees contemplated within the periods stated, the Registrar may, without derogating from any other right which it may have in terms of these Service Terms or the General Terms or otherwise, and without notice, withdraw the Domain Name application or registration.
5.3 Under no circumstances whatsoever will the Registry or Registrar be obliged to refund any fees paid by the Applicant in terms of this clause 5.
6. Rights to Domain Name
6.1 The Registry or the Registrar will under no circumstances whatsoever be obliged to determine the right of the Applicant to the Domain Name. Domain names are delegated on a “first-come-first served” basis (unless the Application is made as part of a Namespace launch phase) and the delegation of the Domain Name by the Registry will in no way constitute any indication or warranty of the Applicant’s right to utilise such name.
6.2 The Registry and Registrar give no warranties of any nature whatsoever with regard to the Domain Name, the registration or use thereof and hereby disclaim all such warranties, whether express or implied.
6.3 Under no circumstances whatsoever will the Registry or Registrar be obliged to act as an arbiter of disputes arising out of the registration and use of the Domain Name.
6.4 Should a third party (the “Complainant”), in contemplation of legal action against the Applicant in court or as described in clause 6.5, present the Registry or Registrar with prima facie evidence that indicates that the Domain Name violates the rights of the Complainant, then the Registry will be entitled to provide the Complainant with the Applicant’s name and contact particulars. All further communication will exclude the Registry and the Registrar, and who will have no further obligations to the Applicant or complainant.
6.5 The Applicant accepts the jurisdiction of any dispute resolution mechanism established in respect of a Namespace by the Registry, ICANN or by applicable law, as the case may be, in disputes relating to the Domain Name, including the Uniform Domain Name Dispute Resolution Policy (“UDRP”) and the Uniform Rapid Suspension (“URS”), and agrees to be bound by any decision that may result.
7. The Applicant’s Duties
7.1 The Applicant must provide to Registrar accurate and reliable contact details and correct and update them within seven (7) days of any change during the term of the Domain Name registration, including:
7.1.1 the full name, postal address, email address, voice telephone number, and fax number if available of the Applicant;
7.1.2 name of authorised person for contact purposes in the case of an Applicant that is an organisation, association, or corporation;
7.1.3 the names of the primary nameserver and secondary nameserver(s) for the Domain Name;
7.1.4 the name, postal address, email address, voice telephone number, and (where available) fax number of the technical contact for the Domain Name; and
7.1.5 the name, postal address, email address, voice telephone number, and (where available) fax number of the administrative contact for the Domain Name.
7.2 The Applicant’s willful provision of inaccurate or unreliable information, its willful failure to update information provided to Registrar within seven (7) days of any change, or its failure to respond for over fifteen (15) days to inquiries by Registrar concerning the accuracy of contact details associated with the Applicant’s registration will constitute a material breach of the Applicant-registrar contract and be a basis for suspension and/or cancellation of the Domain Name registration.
7.3 Any Applicant that intends to license use of a Domain Name to a third party is nonetheless the Applicant of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Domain Name. An Applicant licensing use of a Domain Name according to this provision will accept liability for harm caused by wrongful use of the Domain Name, unless it discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the Applicant reasonable evidence of actionable harm.
8. The Applicant’s Warranties & Indemnity
8.1 The Applicant hereby irrevocably represents, warrants and agrees that:
8.1.1 the information provided in the Application is accurate and complete, and that it will keep such information up to date at all times;
8.1.2 it has the right without restriction to use and register the Domain Name;
8.1.3 to the best of its knowledge and belief the registration of the Domain Name or its use does not and will not directly or indirectly infringe any legal right of any third party in any jurisdiction, including with respect to trademark, service mark, trade name, company name, close corporation name, copyright or any other intellectual property right;
8.1.4 will not use the Domain Name for any unlawful purpose whatsoever, including, without limitation, distributing malware, abusively operating botnets, defamation, unfair competition, passing off, phishing, piracy, counterfeiting, fraudulent or deceptive practices or generally for the purpose of confusing or misleading any person;
8.1.5 at the time of the initial submission of the Application, and at all material times thereafter, it must have an operational name service from at least two operational name servers for the Domain Name. Each server is and will continue to be fully connected to the Internet and capable of receiving queries relating to the Domain Name and responding thereto; and
8.1.6 it has selected the Domain Name without any input, influence or assistance from the Registry and/or Registrar.
8.2 Pursuant to the above warranties, the Applicant hereby agrees that it will defend, indemnify and hold harmless the Registrar and the Registry, their directors, officers, members, employees and agents, for any loss, damage, expense or liability resulting from any claim, action or demand arising out of or related to a breach of the aforementioned warranties or the use or registration of the Domain Name, including reasonable attorneys’ fees on an attorney and own client basis. Such claims will include, without limitation, those based upon trademark infringement, copyright infringement, dilution, unfair competition, passing off, defamation or injury to reputation. The Registrar agrees to give the Applicant written notice of any such claim, action or demand within a reasonable time of becoming aware thereof. The Applicant agrees that the Registry and /or the Registrar will be defended by attorneys of their own respective choices at the Applicant’s expense, and that the Applicant will advance the costs incurred in such litigation, to the respective parties on demand from time to time.
9. Suspension, Cancellation and Transfer
9.1 The Applicant agrees that the Registry or Registrar will have the right to withdraw the Domain Name delegation, suspend operation of the Domain Name, or transfer the Domain Name (as the case may be):
9.1.1 in the circumstances contemplated in clause 5.2;
9.1.2 should the Applicant breach any warranty given under clause 8.1;
9.1.3 if the Applicant withdraws its consent for processing of Personal Information described in clause 10;
9.1.4 should the Applicant breach any other provision of this Agreement, and fail to remedy such breach within 14 (fourteen) days of receiving written notice from the Registrar calling upon it to do so;
9.1.5 in order to correct mistakes by Registrar or the Registry in registering the Domain Name pursuant to the Published Policies or ICANN policy applicable to the Registrar;
9.1.6 on receipt of an order by any competent court having jurisdiction; or
9.1.7 on receipt of a decision by a dispute resolution provider appointed in terms of an official domain name Dispute Resolution Procedure introduced by law, or adopted and published by the Registry or ICANN (if applicable).
9.2 In the event that the Registrar’s accreditation is withdrawn by the Registry, the Registry may initiate a forced transfer of the Domain Name to another registrar.
9.3 The Registrar’s deletion and auto-renewal policy will not differ from the parameters set out in the Published Policies by the Registry.
10. Personal Information
10.1 Personal Information provided by the Applicant to the Registrar will be used in a manner generally accepted in the domain name industry, and in particular for the following purposes:
10.1.1 use of Personal Information by the Registrar and Registry in providing the registrar and registry services respectively and in particular providing a public WHOIS facility which may include the Personal Information;
10.1.2 inclusion of Personal Information in escrow deposits by the Registrar and Registry held by third parties located both inside and outside of the respective countries in which they provide the services;
10.1.3 transfer of Personal Information to the Registry’s affiliates and service providers for the purposes of providing registry services;
10.1.4 transfer of Personal Information to a third party replacing the Registry in providing the Registry function in terms of the registry agreement between ICANN and the Registry, whether located inside or outside of South Africa
10.2 In processing the Personal Information as set out in clause 10.1 the Registrar and Registry may transfer such Personal Information to the parties described therein. If the Registrar is a reseller of registrar services, then the Personal Information will also be transmitted to the sponsoring registrar.
10.3 THE APPLICANT CONSENTS TO THE PROCESSING OF PERSONAL INFORMATION AS DESCRIBED IN CLAUSES 10.1 AND 10.2. AND ACKNOWLEDGES THAT REGISTRATION, TRANSFER OR RENEWAL OF THE DOMAIN NAME IS DEPENDENT ON SUCH CONSENT.
10.4 THE APPLICANT WARRANTS THAT WHERE IT SUPPLIES THE PERSONAL INFORMATION OF THIRD PARTIES TO THE REGISTRAR IT HAS FIRST PROVIDED SUCH THIRD PARTIES WITH EQUIVALENT NOTICE AND OBTAINED THEIR CONSENT AS DESCRIBED IN CLAUSES 10.1 AND 10.2 RESPECTIVELY.
10.5 When collecting or confirming Personal Information the Registrar will indicate in an appropriate manner which Personal Information is obligatory and which, if any, is voluntary.
10.6 The Applicant can access and rectify the Personal Information submitted to the Registrar by accessing Clientarea.
10.7 The Registrar will not process the Personal Information collected from the Applicant in any way incompatible with the purposes and other limitations about which it has provided notice to the Applicant in terms of clause 10.1.
10.8 The Registrar must take reasonable appropriate, reasonable technical and organisational measures as required by applicable law to protect the Personal Information from loss, misuse, unauthorised disclosure, alteration or destruction.
10.9 Provision of the Domain Name is dependent on the Applicant’s consent, and the Domain Name may be suspended or withdrawn if the Applicant withdraws such consent.
11. Exemption and Indemnity of the Registry
11.1 THE REGISTRY ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WILL UNDER NO CIRCUMSTANCES WHATSOEVER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND AND HOWSOEVER ARISING (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, BUSINESS INTERRUPTION OR LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, DELICT, OR OTHERWISE, EVEN IF THE REGISTRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2 THE APPLICANT WILL INDEMNIFY, DEFEND, AND HOLD THE REGISTRY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS HARMLESS AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE LEGAL FEES AND EXPENSES) RELATING TO OR ARISING OUT OF TO THE APPLICANT’S DOMAIN NAME REGISTRATION.
12.1 For adjudication of any legal disputes between the Applicant and the Registry, the Applicant hereby consents to the jurisdiction of the High Court of South Africa (Gauteng Division, Pretoria).
12.2 For adjudication of any legal disputes between the Applicant and the Registrar, the Applicant hereby consents to the jurisdiction of the High Court of South Africa (Gauteng Division, Pretoria) and to the jurisdiction of the courts of the Applicant’s domicile.
12.3 The Agreement will be construed and interpreted in accordance with the law of the Republic of South Africa.
12.4 The Applicant acknowledges that the Registry or ICANN may oblige the Registrar to make changes to or supplement the Agreement or parts of the Agreement (“amendments”) if these amendments are reasonably necessary for the administration of a Namespace. In the case of amendments required by the Registry these amendments will be published on the Administration Sites from time to time.
12.5 The Applicant accepts that it is incumbent on it to monitor such changes and it hereby agrees that should it fail to notify the Registrar of the Applicant’s wish not to be bound by such amendments within 30 (thirty) days of such amendment being published, it will conclusively be deemed to have acceded and agreed to the amendments thus published.
12.6 To the extent that the Registry is granted rights, the relevant provisions of this Agreement will constitute an agreement for the benefit of a third party (stipulatio alteri) in the Registry’s favour. Where the Registry has lawfully assigned its rights and duties under its Registry-Registrar Agreement with the Registrar, the assignee will be the beneficiary under this clause.
12.7 In the event that any of these terms 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.
Terms & Conditions
Domains and Web Hosting
1.1 In addition to the General Terms, these terms and conditions govern the use of the ZenonHost domain registration and hosting services. By contracting with ZenonHost for the services a Client will be lawfully regarded as having agreed to their use of the services specified being governed by this Agreement.
- Domain Registration
2.1 ZenonHost registers domains on the Internet through the relevant governing bodies and hosts websites and related material on the ZenonHost server(s) on behalf of Clients. These terms and conditions apply to the use and registration of domain names and the web hosting services offered by ZenonHost.
2.2 ZenonHost registers domains through approved Domain Registrars, such as DiaMatrix, OpenSRS (for gTLDs). ZenonHost may, at its discretion use other approved entities for registration, but in general may limit domains offered based on availability from the registrar concerned.
2.3 ZenonHost’s hosting and free registration is sold as a bundled package and cannot be separated, i.e. ZenonHost will not pay for registration if it is not combined with any of their hosting products.
2.4 The Client will be bound by the terms and conditions of the relevant domain name space (e.g. .com or .co.za) under which any domain name registered on its behalf falls, and should become familiar with them. ZenonHost may post links to these terms and conditions on the ZenonHost Website purely as a convenience to the Client.
2.5 Where ZenonHost is acting as a registrar or reseller in registering a domain name for the Client, the Client may be required to agree to further terms. ZenonHost will provide the Client with a link to these terms, which are incorporated into this Agreement by reference.
2.6 ZenonHost will strive to ensure that registration and subsequent DNS propagation is effected in the shortest period of time. However, ZenonHost cannot be held liable for any delays that may accompany the registration of domains. Initial Setup fees are non-refundable. Domain Name Registration fees constitute a once-off payment subject to certain renewal charges.
- Free Domain Registration
3.1 Domain registration may be offered free of charge with Hosting products, depending on the nature and type of TLD (Top Level Domain). This offer is based on the assumption that the domain (and site content) will be hosted with ZenonHost for a reasonable period. ZenonHost reserves the right to, at their discretion, charge a parking fee where a minimum period (3 months) has not been observed on the Hosting product before downgrading to a Parking product. The fee will depend on the type of domain and applicable administration fees. Waiving such fees will be entirely at ZenonHost’s sole discretion.
3.2 ZenonHost reserves the right to charge a domain registration fee (in arrears) for any domain name which is registered as a FREE domain with a hosting package that is cancelled (or the domain is transferred) within 6 months of sign up. Such fee(s) will be invoiced exclusively at ZenonHost’s discretion, and no leniency extended to Clients on previous occasions will in any way prejudice ZenonHost’s right to enforce this clause. Such fees must be settled before any domain transfer can be effected with the applicable registrar.
3.3 ZenonHost will not tolerate any abuse of their free registration policy. Any such abuse will result in the immediate termination of accounts concerned and Service Agreement, as well as possible further action to recover applicable costs from the Client.
3.4 ZenonHost only offers Free Domain registration for “.co.za” domains with new hosting package signups, or Domain Parking offered as a “Free Gift” in ClientArea. Other TLDs or gTLDs are not included in the Free Domain Registration offer. ZenonHost will register domains as per the clauses above, but will not be responsible for any further costs in relation to the domain, such as Annual Renewal Fees, Redemption fees or any other fees which may become payable in respect of domain ownership. Clients are exclusively responsible for such fees, and ZenonHost will not enter into any disputes resulting from non-payment. Should such domains be automatically renewed, Clients will be billed for such renewal without exception. Clients not wanting to continue with a specific domain must ensure that cancellation is effected before any such renewal is actioned by ZenonHost with the registrar concerned.
- Domain Renewal
4.1 ZenonHost will register a domain for a specified period (generally one year)
4.2 Thereafter, the Client is solely responsible for ensuring that the domain is renewed at the end of that period, and subsequent periods, until the domain is either cancelled or transferred by the client. This includes domains which have been set to auto-renew. Should the auto-renewal process fail, the onus will be on the client to notify ZenonHost of the failure.
4.3 ZenonHost will endeavour to send a courtesy reminder to the Client, such as an SMS, email, or a ClientArea notification. Such reminders in no way transfer responsibility to ZenonHost for ensuring that the domain is renewed.
4.4 Should this reminder fail to reach the Client, or should the reminder fail to be issued, this will not constitute a breach of this agreement, as this is solely performed as a courtesy.
4.5 Clients registering domains must take note of the registration date, and ensure that renewal is effected.
4.6 Clients may manually renew domains by accepting renewal in ClientArea, or by selecting Auto-Renewal in ClientArea and ensuring that this is effected by ZenonHost.
- Domain Transfer
5.1 ZenonHost will transfer existing (registered) domains from existing hosting providers to ZenonHost’s DNS and web servers. Upon requesting the transfer, and accepting the relevant Service Terms, the Client explicitly agrees that it has the authority to do so, being the registrant of the domain in question, or having been nominated as an agent of the registrant. The Client thereby indemnifies ZenonHost from any disputes regarding ownership of the domain and any claims as a result thereof.
6.1 Cancellation will be dealt with as per the General Terms.
6.2 Cancellation, by the Client or ZenonHost, will result in any data being permanently removed from ZenonHost’s servers. Clients are solely responsible for ensuring that backups are made of web content and email data, or any other data stored on their hosting space. ZenonHost 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 ZenonHost will be made for legal purposes and not for data retention purposes and will not necessarily be made available to Clients on request.
- Payment and Payment Terms
7.1 Payment will be dealt with as per the General Terms.
7.2 In the case of a website being suspended due to non-payment a reconnection fee will be payable before the website is unsuspended. An additional waiting period of up to 72 hours may be imposed in the case of multiple payment bounces.
- Liability for Registration and Use of Domain Names
8.1 ZenonHost has not and does not conduct pre-registration searches in respect of the Client’s use and registration of its selected Domain Name/s and is therefore not obliged to either advise the Domain Name client about possible conflicting third party rights or to take steps to ensure against possible disputes concerning a third party’s intellectual property or other rights.
8.2 ZenonHost reserves the right to disclose pertinent information to Registrars for public disclosure as per the Terms and Conditions of the Registrar. ZenonHost will not be held liable for any claims of infringement of privacy by fulfilling such registration conditions.
8.3 This forms a regulatory requirement by the registrar, and there a Service Agreement requirement to the Client.
8.4 The Client indemnifies ZenonHost 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.
8.5 ZenonHost cannot act as an arbiter of disputes arising out of the registration and use of Domain Names. At the same time, Clients acknowledge that ZenonHost may be presented with evidence that a Domain Name registered by a Client violates the rights of a third party. In such instance ZenonHost shall be allowed to provide a complainant with the Client’s name and address and all further communication will exclude ZenonHost and ZenonHost will have no further obligations to the Client. In such instance the Client shall be entitled to continue using the Domain Name registered for the Client by ZenonHost until a court or other body with jurisdiction directs otherwise.
- Registrant Contact Details for co.za, net.za, web.za and org.za
The ZACR policy indicates that the registrant contact details has to be updated to the legitimate beneficiary of the domain which would be the domain owner and not the reseller.
9.1 The registrant, being the legitimate beneficiary of the domain name service, is accurately identified on the domain name record (full legal name); and
9.2 The registrant’s designated email address is accurately identified on the domain name record where prescribed.
- Hosting Services
10.1 ZenonHost does NOT provide SMTP mail services by default with shared hosting packages.
10.2 ZenonHost reserves the right to suggest suitable alternatives to the Client and / or charge for excessive traffic or system resources as it deems necessary, at its sole discretion. Excessive traffic or use of system resources will be determined as set out in the Acceptable Use Policy.
10.3 ZenonHost reserves the right to move a website between web servers and Internet backbones, both within South Africa and internationally as it deems necessary. If a Client moves in excess of their monthly web traffic allocation, then the Client will be contacted and various options will be presented.
10.4 ZenonHost reserves the right (but does not assume any obligation) to inspect the contents of data that the Client transmits, receives or stores on an ZenonHost Server to ensure compliance with this Agreement, ZenonHost’s AUP, or any applicable laws regulations or codes of practice.
10.5 The Client must immediately and adequately respond to a denial of service attack (DOS / DDOS). If the Client’s facilities are targeted by a DOS attack that affects other network users, the Client’s Service will be suspended.
11.1 Clients are solely responsible for backing up their data and ZenonHost strongly encourages ALL Hosting Clients to do so as frequently and completely as possible. ZenonHost will not be liable for any data loss or any other losses or damages related to backups or data recovery without exception.
11.2 ZenonHost may, in some instances, offer a separate backup service in conjunction with dedicated hosting, and will make such backups available to Clients on request as and when they are available. However, ZenonHost does not warrant or guarantee the availability, completeness or “up to date” status of such backups.
11.3 Clients are ultimately responsible for their own data, and ZenonHost strongly encourages such Clients to continue to make their own backups as frequently and completely as possible to ensure that they have recourse in the event of any failure.
11.4 ZenonHost also cannot guarantee the condition or fitness of any backups provided. Such backups are provided “as is” and are used at the Client’s own risk and discretion – whether restored by ZenonHost by instruction from Clients or by Clients themselves.
11.5 ZenonHost will not be liable for any losses or damages relating to any incidents arising out of such backups being provided (or not provided) to Clients on request.
- Dedicated Servers
12.1 ZenonHost provides servers to Clients for the purposes of their hosting needs. However ownership of physical hardware rests solely with ZenonHost at all times. Clients may not make any claim to hardware deployed for their hosting, and may not have access to ZenonHost property, hardware or hosting infrastructure (such as data centres) without prior consent, which must be obtained by written application with a minimum of 24 hours notice. ZenonHost, at its discretion, may refuse such requests within reason.
- Cloud Hosting
13.1 ZenonHost reserves the right to manage the cloud environment at its discretion for the overall benefit of cloud hosted Clients. Any virtual machine which ZenonHost deems at its sole discretion to have a negative effect on the environment may be powered down or suspended.
13.2 ZenonHost deploys all new Cloud Servers with HyperV tools (VMadditions, LIS) pre-loaded. VMadditions is integral to the smooth running of virtual servers, including managing resources and smooth and safe rebooting. VMadditions must be running at all times, as shutting it down will severely affect the performance of the server, and efficiency of the core controllers i.e. affecting other clients’ virtual servers.
13.3 ZenonHost strictly forbids the creation of nested VM’s, or virtual instances within a virtual server. This severely degrades overall performance and will be treated as a violation of ZenonHost’s AUP and Terms & Conditions (contrary to the intended use of the product).
13.4 ZenonHost also strictly forbids any misuse of shared or cloud resources, such as Ram Disks (use RAM memory as storage disk space), which abuses resources and compromises the integrity of the cloud environment.
13.5 ZenonHost may also, at its discretion, restrict server to limited IOPS (Input Output Operations Per Second) where a Client’s use of available virtual resources is negatively affecting the overall environment.
13.6 ZenonHost reserves the right to move a Cloud server between our virtual environments and Internet backbones, both within South Africa and internationally as it deems necessary.
- 100% Website Uptime Guarantee
14.1 ZenonHost guarantees that its hosting services will attain 100% availability, subject to the following.
14.2 The 100% website uptime guarantee is applicable only if the web server on which a Client’s web hosting service resides crashes or goes down at an unscheduled time. This guarantee is not valid if there is any network problem between the Client and the web server which prevents the Client from seeing the web server, for instance. If the Client’s ISP’s link to the respective data centre goes down or is faulty, but the web server ZenonHost hosts is still up, ZenonHost is not responsible for the Client not being able to reach their website.
14.3 ZenonHost is not responsible if any third party operated network or service experiences problems and outages (i.e. all network infrastructure and links, Client’s internet connection, firewall service managed by external parties). If the applicable web server is up and running at all times then the website will be deemed to have achieved 100% uptime.
14.4 The 100% uptime guarantee does not apply to any scheduled downtime for maintenance of any of the ZenonHost web servers. If there is scheduled maintenance to be done the Client will be notified at least 24 hours in advance. The scheduled maintenance will always be done after hours (based on Central African Time (CAT)) and the web server downtime will be kept to a minimum.
14.5 The 100% uptime guarantee does not apply if ZenonHost suspends the Client’s Service as allowed in terms of this Agreement.
14.6 Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services.
14.7 Disputes arising out of the Uptime Guarantee must be submitted in writing and claims may not exceed fees paid (either monthly or on a pro-rata basis) to ZenonHost for services not received during downtime. No direct or indirect losses or damages resulting from downtime may be claimed. Service Level commitments will also be taken into account when reviewing disputes. Where agreed provisions have been met, such disputes will be dismissed.
14.8 The Services provide access to the internet, which is subject to bandwidth constraints, system failures and all manner of other factors that may impact on the Client’s access, for which ZenonHost accepts no responsibility.
- Use at Client’s Risk
15.1 ZenonHost will exercise no control whatsoever over the content of the material hosted on, or the information passing through the ZenonHost network and in no way moderates such content.
15.2 Clients expressly agree that use of ZenonHost’s Server(s) and Services are at the Client’s sole risk.
- Spam/Virus Filtering
16.1 ZenonHost provides a spam and virus filtering system to protect Clients from unsolicited mail and viruses. The Client acknowledges that this system might incorrectly identify a valid message as spam or as a virus and consequently this message might not be delivered to the Client. The Client acknowledges and agrees that ZenonHost shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.
16.2 ZenonHost reserves the right to examine incoming or outgoing mail to the extent necessary to determine if it is classified as spam or malicious.
17.1 Webmail and other web-based email services made available by ZenonHost are provided on an “as is” basis without representations, warranties or conditions of any kind, and the Client acknowledges and agrees that ZenonHost shall have no responsibility for, or liability in respect of, any aspect of the webmail services, including without limitation for any lost or damaged data or any acts or omissions of ZenonHost. As webmail storage space is limited, some webmail messages may not be processed due to space constraints or message limitations.
- Limitation on Mail Size
18.1 Individual mail sent to the Client’s POP3/IMAP box or forwarded to the Client’s existing email address may be limited to 3000kB in size each.
- Takedown Notice Procedure
19.1 In terms of section 75 of the Electronic Communications and Transactions Act (“the ECT Act”), ZenonHost to perform a site takedown upon receipt of notification of infringements as defined in Section 77 of the Act.
Any enquiries can be directed to us via Email: firstname.lastname@example.org
Should ZenonHost receive a takedown notice, ZenonHost will endeavour to:
- Notify the Client in good time of the takedown notice.
2. Allow the Client reasonable time to remove the disputed, illegal or infringing content.
3. Takedown any sites or services which are included in the takedown notice.
- Retention of Rights
20.1 ZenonHost makes no claim to the intellectual property (such as data) of Clients hosted on their servers. However, all equipment remains the property of ZenonHost and retention of data does not directly or indirectly give ownership of ZenonHost hardware to Clients.
- IP Addresses
21.1 ZenonHost will issue IP addresses to dedicated servers or to other hosting servers, either as part of the standard product, or upon request (subject to applicable fees). IP addresses will be assigned to Clients at ZenonHost’s discretion and on a first come first serve basis.
- Software Updates
22.1 ZenonHost will be responsible for updates to Operating Systems and Shared Libraries on Shared Hosting Servers.
22.2 ZenonHost will only effect software updates to Operating Systems on Managed Dedicated Servers (including cloud servers). ZenonHost will not effect other updates on Managed or UnManaged servers, as this is not part of the service offered.
- Disclaimers, Limitations and Indemnities
23.1 ZenonHost 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 ZENONHOST IN RESPONSE TO THE ABUSE OF THE DOMAIN REGISTRATION SERVICES WHICH IT OFFERS.
23.2 The Client hereby indemnifies and holds harmless ZenonHost 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 ZenonHost has been advised of the possibility of such damages;
23.3 ZenonHost 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.
23.4 Neither ZenonHost, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that ZenonHost’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 ZenonHost Server service, unless otherwise expressly stated in this Agreement.
23.5 ZenonHost expressly limits its liability to the Client for damages suffered due to any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. ZenonHost specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
23.6 ZenonHost is not responsible if an external company network and firewall is setup to block access to services ZenonHost provides. If a Client’s network is setup to block certain ports or web addresses that compromise the services ZenonHost provides it is the Client’s responsibility to ensure that their network configurations are changed as necessary.
23.7 Clients also hereby indemnify ZenonHost 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 ZenonHost to share or cover such losses or liability, either directly or indirectly. ZenonHost is also indemnified from direct claims from Clients for losses incurred due to 3rd party actions or claims.
Terms & Conditions for SSL Products
In using this website you are deemed to have read and agreed to the following terms and conditions: The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client” and “You” refers to you, the person accessing this website and accepting the Company’s terms and conditions.
“The Company”, “Ourselves”, “ZenonHost.co.za“, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of the Republic of South Africa.
Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Disclaimer. Exclusions and Limitations
The information on this website provided on an “as is” basis. To the fullest extent permitted by law, this Company:
– excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature;
– excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. This Company does not, however, exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
We accept all major Credit/Debit cards, PayPal and Direct Wire Transfer methods. Our Terms are payment in full within thirty days. All goods remain the property of the Company until paid for in full. We reserve the right to seek recovery of any money remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court if the outstanding balance does not exceed 10,000 RANDS. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.
Chargebacks will incur a R150 Rands charge to cover banking fees and administrative costs. We reserve the right to block any account that had issues with chargeback.
Termination of Agreements
Both the Client and ourselves have the right to terminate any Services Agreement for any reason.
You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs, and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
All purchased and issued SSL certificates are available for download in our Client area within 24 hours a day. Certification Authorities has rights to send issued SSL certificates directly to customers administrative/technical contact.
We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Links from this website
We do not monitor or review the content of the other party’s websites which are linking to us. We are not responsible for any information/offers/prices published on a 3rd party websites.
We may reject the payments and services for next countries due to Embargo rules: Afghanistan, Cote d’Ivoire, Cuba, Eritrea, Guinea, Iraq, Islamic Republic of Iran, Democratic People’s Republic of Korea, Liberia, Myanmar, Rwanda, Sudan, Sierra Leone, South Sudan, Syrian Arab Republic, Zimbabwe
You can contact us anytime using the contact information provided in Company details section. All existing customers should contact us via built-in Ticket system. The ticket system is available 24/7/365.
Cancellation Policy/Refund Policy
We offer a 30-day money back guarantee for any SSL-certificates we sell. We reserve the right to decline the refund in case Certificate Authority suspected the customer of providing fake information OR usage of SSL to attack/hack/hijack or any other criminal purposes.
100% Price Match guarantee
We provide a guarantee to match any retail price found elsewhere. Matching promo prices and special offers may be declined.
The laws of the Republic of South Africa govern these terms and conditions. By accessing this website and using our services/buying our products you consent to these terms and conditions and the exclusive jurisdiction of the South African courts in all disputes arising out of such access.
Notification of Changes
The Company reserves the right to change/update current terms and conditions. We will notify all existing customers before 30-days these changes/updates taking place. To inform customers, we may use News section of our website, E-mail newsletter, Social network or any other available methods.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
ZenonHost guarantee 100% refund for any SSL certificate placed within 30 days. Found a better solution or just changed your mind, It does not matter what is the reason for cancellation. We refund payments to the same sources they come from, we accept PayPal, Skrill, Payfast, direct bank wire transfers or we can refund back to your account balance for future purchases.
It is very easy to request a refund, all you need is to log in to the Client area, find your order and click Cancel order button. Our managers would shortly review your cancellation request.
Paygate, Payfast refunds are processed immediately; however, a bank wire transfer may take few days depending on your bank and country rules. Please note, we do not guarantee the refund if CA (Certificate Authority) revoked SSL certificate for reasons like Man-in-the-middle attack or fake documents provided within verification process.
AVG Products Terms and Conditions
- ZenonHost (“zenonhost.co.za”) takes no responsibility for the accuracy or completeness of, or the representations made by, the content of this site or emails sent from this site. ZenonHost takes no responsibility for the content of any World Wide Web site that links to or from this web site.
- This web site contains information provided by third parties. You should be aware that whilst every effort is made to ensure that there is not, there may be technical inaccuracies, typographical errors, programming bugs or computer viruses in this web site or its content.
- Access to this web site is provided on the condition that:
To the full extent permitted by law, ZenonHost will be under no liability to any person in respect of any loss or damage (including consequential loss or damage) which may be suffered or incurred or which may arise directly or indirectly from or in connection with any use of this web site or of the information or software programs on or accessed through this web site for whatever reason (including negligence).
- Where any statute implies any terms in relation to your use of this web site and that statute prohibits any exclusion or modification of that term, then that term is included. However, the liability of ZenonHost for breach of any such term will be limited to resupply of the products or services which comprise this web site.
Returns & Refunds Policy
- While we encourage you to download the trial versions of our software available from our website and to choose your purchases carefully, ZenonHost endeavors to remove all risk from your purchasing decision.
- For AVG products, we provide a 30-day money back guarantee. These cooling-off periods are designed to ensure that you are happy with your purchase of AVG software and to remove any risk from your purchase.
- Beyond these cooling-off periods, ZenonHost will not normally give refunds if you change your mind. However, where the goods delivered by us are faulty, wrongly described, or different from the sample shown to you, ZenonHost will, at your choice, either refund your money or replace the goods.
- To claim a refund or replacement as described above, you must provide evidence that the product is faulty to ZenonHost along with proof of purchase.
- ZenonHost will process your request within five working days of receipt of the faulty product and proof of purchase.
- Where a refund or replacement is affected by ZenonHost, license codes delivered to you will be destroyed and rendered inoperable.
Web Design Terms & Conditions
1.1 Quotations submitted according to project specifications will remain valid for a period of 30 days from quote date. If this 30 day period lapses without client approval, or without requests for alterations or extensions by the client, the quote will expire. Thereafter, ZENON DESIGN may amend the quote according to our current rates.
1.2 ALL quotations are submitted on the condition that all content, text, images and relevant information will be supplied by the client to ZENON DESIGN, unless otherwise agreed upon. Amendments can be made to the quotation within the 14 days of the original quote date, however each new quote submitted will have the effect of completely overriding it’s preceeding quote.
1.3 As all quotations are carefully considered in light of each projects specific technical requirements, ZENON DESIGN reserves the right to amend any quote should the projects specifications change, or if it becomes clear that the projects specifications where not communicated in a reasonably clear and correct manner by the client to ZENON DESIGN at the outset of the project.
1.4 In the event that a client is unable to provide a detailed project specifications document, ZENON DESIGN reserves the right to quote and bill for the initial research and planning needed to outline the exact specifications and technical requirements necessary to complete the project as required by the client. Such research and planning shall be billed according to our standard hourly rate.
1.5 ZENON DESIGN reserves the right to quote & bill for project management. Such project management shall be billed according to our standard hourly rate.
1.6 To formally accept a quotation by ZENON DESIGN, the quote must be signed and dated by the client and returned to ZENON DESIGN via email. No project will commence unless it’s formal acceptance of the quote is received by ZENON DESIGN within the 30 day period as specified in point 1.1
2. Deposit and Placement of Order
2.1 The 50% deposit of the total quoted amount becomes due immediately once the quote is formally accepted and once a tax invoice has been sent to the client. ZENON DESIGN accepts cash deposits, electronic transfers. Credit card payments are accepted in special circumstances and if previously arranged upon. ZENON DESIGN does not accept payment by cheque.
2.2 No project shall commence until the 50% deposit has been made and confirmed. Should a client cause a delay in the commencement of the project by failing to make deposit within a reasonable time period, ZENON DESIGN accepts no responsibility should the deadline of the project not be met.
3. Project Phases
3.1 Each phase of a project requires formal written approval, or sign off, by the client. ZENON DESIGN will not proceed with a project phase unless such written approval has been received by the client for the preceeding phase. ZENON DESIGN reserves the right to place a project on hold until such approval is given, and accepts no responsibility should the deadline of the project not be met as a result of this.
3.2 Alterations, and additions may be requested at any time, during any phase of the development of a project. ZENON DESIGN will determine whether or not such alterations and additions fall within the scope of the original project brief and specifications. If they do not, ZENON DESIGN reserves the right to quote and bill for such alterations and additions, over and above the original quoted amount, according to our standard hourly rate. In the event of this happening, ZENON DESIGN will need to receive approval from the client, before any development commences.
3.3 It remains the sole responsibility of the client to provide a project brief, and or, specifications document which is detailed, accurate, clear and which sufficiently outlines the projects development requirements. ZENON DESIGN accepts no responsibility for any misunderstandings arising from a poorly drafted specifications document. Further, ZENON DESIGN reserves the right to charged additionally for any extra development time incurred as a result.
4.1 It must be stated that ZENON DESIGN does not provide web hosting services of any kind. Should a client request assistance with their hosting service provider, ZENON DESIGN reserves the right to bill for any such assistance provided. Further, ZENON DESIGN reserves the right to make use of a hosting provider of it’s choice.
4.2 In the event that a client’s website should experience technical difficulty, or downtime, and the source of such difficulty is found with the client’s hosting provider, ZENON DESIGN accepts no responsibility and shall not be held liable for any financial loss suffered by the client as a result.
4.3 It is expected that the client, and the client’s hosting provider will co-operate fully with ZENON DESIGN to complete the project successfully. It is expected that the client, and or, hosting provider shall provide the correct FTP details to ZENON DESIGN to successfully complete the project.
4.4 ZENON DESIGN shall under no circumstances provide FTP, database, login or any other confidential information, unless it is specifically requested in writing, by an authorised representative, via the authorising email address or account.
5. Disclaimer for liability
5.1 The client shall have no claim against ZENON DESIGN and the client hereby indemnifies and holds ZENON DESIGN free from liability in respect of any loss, damage or cost caused by or arising from:
5.1.1 any fact or circumstances beyond the reasonable control of ZENON DESIGN; or
5.1.2. any downtime, outage, interruption in or unavailability of any of the services or the ZENON DESIGN network infrastructure as a result of or attributable to any of the following causes:
126.96.36.199 software or hardware service, repairs, maintenance, upgrades, modification, alterations, replacement or relocation of premises;
188.8.131.52 the non-performance or unavailability, of whatever nature and howsoever arising of any of the services provided by Telkom (including, but not limited to, line failure) or in any international services or remote mailservers;
184.108.40.206 the non-performance or unavailability, of whatever nature and howsoever arising, of external communications networks to which the client’s server or the ZENON DESIGN network is connected;
220.127.116.11 the service, repairs, maintenance, upgrades, modification, alterations or replacement of any hardware forming part of the client’s services or any faults or defects of whatever nature in such hardware;
5.1.3 any infringement of the client’s rights of privacy and/or any other like rights (including those of any other person or entity), arising from the services provided in terms of this agreement;
5.1.4 any breach of security by any third party or any breach of confidentiality by a third party or otherwise arising from any access howsoever obtained by a third party to the client’s information, data or content;
5.1.5 the damage, contamination or corruption of any kind of the client’s data, material, information and/or content howsoever occasioned;
5.1.6 any service, repairs, maintenance, upgrades, modification, alterations, replacement or work of any nature done on the client’s hardware, software or systems by any party other ZENON DESIGN;
5.1.7 without limiting the foregoing, any fact, cause or circumstances whatsoever and howsoever arising if ZENON DESIGN has substantially performed its obligations under this agreement.
5.2 Notwithstanding anything to the contrary contained in this agreement or in any addendum or annexure to this agreement, the client shall have no claim against ZENON DESIGN and the client hereby indemnifies and holds ZENON DESIGN free from liability in respect of any loss, damage or cost which is indirect, consequential or incidental in nature.
5.3 ZENON DESIGN reserves the right to take whatever action it deems necessary at any time to preserve the security and reliable operation of the ZENON DESIGN network and the client undertakes that it will not do or permit anything to be done which will compromise the security of the ZENON DESIGN network.
5.4 Although ZENON DESIGN shall use reasonable endeavours to provide disaster recovery, ZENON DESIGN does not specify any recovery time, nor shall ZENON DESIGN be liable for any loss or damage of whatever nature incurred or suffered by the client from any cause whatsoever as a result of ZENON DESIGN’s failure to provide, or delay in providing, or providing only partial, disaster recovery. The client is accordingly advised to make back-ups of its data. Nothing contained in this paragraph should be construed as a representation that any back-ups of data implemented by client will be successful or in any way will avoid disaster.
6. Maintenance and repair
ZENON DESIGN may temporarily suspend its obligations in terms of this agreement in order to service, repair, maintain, upgrade, modify, alter, replace or improve any of ZENON DESIGN’s services. Where the circumstances permit, ZENON DESIGN shall use its best endeavours to provide prior notice of any such suspension to the client. The client shall not be entitled to any set-off, discount, refund or other credit in respect of any such suspension of service nor in respect of any suspension that is beyond ZENON DESIGN’s control.
7. Intellectual property
7.1. All intellectual property rights vested in or owned by a party or held by a party under any licensing agreement with any independent third party (including, but not limited to, intellectual property rights obtained or developed by a party after commencement of this agreement), shall be and remain the sole property of such party and the relevant licensor’s respectively.
7.2. The client shall not be entitled to use any of the trademarks, logos, brand names, domain names or other marks (collectively referred to herein as “marks”) of ZENON DESIGN without the prior written approval of ZENON DESIGN. The client hereby grants ZENON DESIGN a non-exclusive license to use the client’s marks but only to the extent necessary or required by ZENON DESIGN to exercise its rights or fulfill its obligations under this agreement.
7.3. Other than specifically provided in this agreement, ZENON DESIGN shall wholly and exclusively retain all existing, and become the exclusive and unencumbered owner of all, intellectual property right(s) employed in or otherwise related to the ZENON DESIGN network infrastructure, the ZENON DESIGN e-commerce network infrastructure, ZENON DESIGN’s business and the provision of any of the services in terms of this agreement.
Project Specific Terms
1. Specifications and Payment terms
1.1 Once a quote has been accepted, a 50% deposit is required before development commences. The remaining balance will be paid upon completion of the project according to the project’s specifications, or on presentation of the relevant invoice. If any development outside of the original project specifications is required, ZENON DESIGN reserves the right to amend the total amount quoted according to our standard hourly rate, or as agreed upon prior to the commencement of the additional work requested.
1.2 Additionally, no design or development work will begin, unless ZENON DESIGN has been provided with all content and specifications documents necessary to complete the project, by the client.
1.3 Should the project not be completed within 12 months subsequent to payment of the 50% invoice, and such delay has been caused by;
1.3.1 the client’s failure to provide all necessary content & project specifications as described in point 1.2;
1.3.2 timeous approval of the various stages of the project; the 50% deposit will expire and the paid amount will be forfeited. In such a case, ZENON DESIGN shall cease all work on the project and re-issue a second 50% invoice to the client, which shall also include any work completed, but not previously invoiced for.
1.4 The first design concepts will be provided within 5 five working days upon confirmation of the 50% deposit.
2.1 Any additional data capturing done as a result of incorrect or non-electronic formats provided, will be billed for according to our standard hourly rate. Content embedded within an image is not considered a usable format as it requires re-typing. Though all source code is the intellectual property of ZENON DESIGN, it will be made available to the client upon the completion of the project. ZENON DESIGN ensures that all information and data provided by the client remains confidential.
2.2 It is the client’s sole responsibility to ensure that the content, images, trademarks and other artwork supplied to ZENON DESIGN for the use of the project, are owned by the client, or that the client has the necessary permission from the rightful owner to make use of such content. ZENON DESIGN, accepts no responsibility in the event that such ownership, or right of use is legally disputed.
3. Design Phase
3.1 Development of the website will not begin until a design has been formally signed off by the client, or if written approval of a design concept has been given.
3.2 Once formal written approval of the design concept to be used for the website has been given, 60% of the deposit becomes non-refundable.
3.3 ZENON DESIGN reserves the right to charge for any design changes required after sign off, according to our standard hourly rate.
3.4 ZENON DESIGN will provide one design concept for a small website, ie. a website containing 5 pages or less.
3.5 ZENON DESIGN will provide two design concepts for a large website, ie. a website of 5-10 pages.
3.6 ZENON DESIGN will provide three design concepts for custom wordpress websites.
3.7 Should additional design concepts be requested, a fee of R1500ex VAT will be charged per design concept.
3.8 ZENON DESIGN will complete 3 design changes to the chosen design concept at no extra charge. Should more than 3 changes be requested, an fee will be charged according to our standard hourly rate.
3.9 Within 10 working days from date of payment of the 50% deposit, ZENON DESIGN will provide the client with the first drafts of the design concept.
4. Development Phase
4.1 Once a development site and link has been created for the client to view the progress of the site’s development, the remaining 40% of the deposit becomes non-refundable.
4.2 Final launch of the complete project will occur;
4.2.1 Once the development phase has been formally signed off by the client, and;
4.2.2 Once final payment has been made.
4.3 ZENON DESIGN reserves the right to charge for any development updates or additions required after sign off of the development phase, according to our standard hourly rate.
5. Bug Fixes
5.1 Bugs are considered anything that prevent the developed product from functioning according to the website specifications given, after launch of the website. Bug fixes made within the first month of the website launch, will not be charged for. Thereafter, ZENON DESIGN reserves the right to charge additionally for bug fixes.
5.2 Aesthetic changes to the final, client approved design concept, are not considered as bug fixes, and will be charged for according to our standard hourly rate, or as agreed upon prior to the commencement of the additional changes.
6. ZENON DESIGN Inbound Link
ZENON DESIGN reserves the right to place a link to the ZENON DESIGN website (http://www.ZENON DESIGN.co.za) within the footer of the design / developed website, unless otherwise agreed upon.
7. Final Launch
7.1 Launch of the final website will occur after ZENON DESIGN has received the final proof of payment. Launch will occur within normal office hours, being 8am 5pm, Mondays to Fridays.
7.2 If the final proof of payment is received before 12am on any given working day, launch will occur that same day. If the proof of payment is received after 12am, launch will occur the following working day.
7.3 Should ZENON DESIGN be required to launch over a weekend, public holiday, or outside of normal office hours, an additional fee will be charged according to our standard hourly rate.
Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.
The Information We Collect
This notice applies to all information collected or submitted on this web site. On some pages you can order products, make requests, or register to receive information. The types of personal information collected on these pages are:
- Email address
- Phone number
- Credit/Debit Card information
The Way We Use Information
We use the information you provide about yourself when placing an order only to complete that order. We do not store or share this information with outside parties except to the extent necessary to complete that order.
Occasionally it is necessary to use the services of an associate. In this case we will share only what is necessary in carrying out the activities performed by the third party. (Examples would include credit card processing company, shipping company, etc.)
We use return email addresses to respond to email inquiries. Such addresses are not used for any other purpose and are not shared with outside parties.
You can register on our web site to receive our newsletter and other information. Information you submit in other areas of our web site will not be used for this purpose unless you fill out the subscription form. If you elect to no longer receive our newsletter, you may unsubscribe at any time. Every newsletter provides unsubscribe information.
We use non-identifying and aggregate information to help diagnose problems with the server, and to administer the web site. This information gives us an idea of which parts of our site users are visiting. No personally identifiable information is tracked.
This site contains links to other sites. ZENON DESIGN is not responsible for the privacy practices or the content of such Web sites.
Information provided via a form on the ZENON DESIGN web site is used strictly to provide the information necessary for us to fulfill your request. We will never send unsolicited emails. We will also never sell, trade, give-away or rent any information provided in any form on this site to third parties for purposes of building contact lists, or anything of that nature.
Affiliated sites, linked sites and advertisements
ZENON DESIGN expects its partners, advertisers and affiliates to respect the privacy of our users. Be aware, however, that third parties, including our partners, advertisers, affiliates and other content providers accessible through our site, may have their own privacy and data collection policies and practices. For example, during your visit to our site you may link to, or view as part of a frame on a ZENON DESIGN page, certain content that is actually created or hosted by a third party. Also, through ZENON DESIGN you may be introduced to, or be able to access, information, Web sites, features, contests or sweepstakes offered by other parties. ZENON DESIGN is not responsible for the actions or policies of such third parties. You should check the applicable privacy policies of those third parties when providing information on a feature or page operated by a third party.
You should also be aware that if you voluntarily disclose Personally Identifiable Information on message boards or in chat areas, that information can be viewed publicly and can be collected and used by third parties without our knowledge and may result in unsolicited messages from other individuals or third parties. Such activities are beyond the control of ZENON DESIGN and this policy.
ZENON DESIGN does not knowingly collect or solicit Personally Identifiable Information from or about children under 13 except as permitted by law. If we discover we have received any information from a child under 13 in violation of this policy, we will delete that information immediately. If you believe ZENON DESIGN has any information from or about anyone under 13, please contact us at the address listed below.
Changes to this Policy
ZENON DESIGN reserves the right to change this policy at any time. Please check this page periodically for changes. Your continued use of our site following the posting of changes to these Terms & Conditions will mean you accept those changes. Information collected prior to the time any change is posted will be used according to the rules and laws that applied at the time the information was collected.
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