Terms and Conditions

Code of Conduct

Introduction

Storage
    1. In order to provide electronic communications services to its subscribers, Gridhost Services (PTY) LTD. (“gridhost”) holds licences issued by the Independent Communications Authority of South Africa (ICASA). ICASA requires that all licence-holders comply with, inter alia, the:
      1. ICASA Code of Conduct Regulations 2008, which sets out the minimum standards of conduct when providing services to subscribers or dealing with potential subscribers; and
      2. ICASA End-user and Subscriber Service Charter Regulations 2009, which sets out the minimum quality of service standards applicable to services provided by Gridhost Services (PTY) LTD. to current subscribers and potential subscribers.
    2. Gridhost Services (PTY) LTD. has set out its own Code of Conduct and Service Charter in line with these Regulations and will strive to follow this in its interactions with current subscribers and potential subscribers.
    3. A copy of the ICASA Code of Conduct Regulations 2008 is available here, while the ICASA End-user and Subscriber Service Charter Regulations are available here.
Key Commitments
    1. Gridhost Services (PTY) LTD. makes the following key commitments and will endeavour to:
      1. Act in a reasonable, fair and responsible manner in all dealings with Customers;
      2. Ensure that all its services and products meet the standard specifications as contained in Gridhost Services (PTY) LTD.’s licences and all the relevant laws and regulations;
      3. Not unfairly discriminate against or between Customers in any way on the basis of race, gender, sex, age, religion, belief, disability, ethnic background or sexual orientation;
      4. Display utmost courtesy and care when dealing with Customers;
      5. Provide Customers with information regarding services and pricing;
      6. Where requested to do so provide Customers with guidance with regard to their service needs; and
      7. Keep the personal information of Customers confidential unless we are:
        1. Otherwise authorised or required by law or order of Court;
        2. In possession of written authorisation from you to do so; and/or
        3. Required to release such information for the purpose of briefing our auditors or professional advisors or an accredited debt collection agency.
    2. Subscribers and potential subscribers have the right to refer Complaints to ICASA as more comprehensively set out below.
Consumer Rights
    1. The ICASA Code of Conduct Regulations 2008 stipulate the following (non-exhaustive) list of consumer rights held by subscribers and potential subscribers:
      1. A right to be provided with the required service without unfair discrimination;
      2. A right to choose the service provider of your choice;
      3. A right to receive information in your preferred language Gridhost Services (PTY) LTD. will do its best to meet this request where reasonable);
      4. A right to access and question records held by Gridhost Services (PTY) LTD. and which relate to your relationship with us;
      5. A right to the protection of your personal data, including the right not to have personal data sold to third parties without your permission;
      6. A right to port a number in terms of applicable regulations;
      7. A right to lodge a complaint; and
      8. A right to redress.
Availability of Information
    1. Information relating to:
      1. Our range of services / products on offer;
      2. Tariff rates applicable to each service offered;
      3. Terms and conditions applicable to such services / products;
      4. Payment terms;
      5. Billing, billing processes and our Billing Dispute Handling Procedure;
      6. Complaints Handling Procedure, and
      7. Relevant contact details. can be obtained from our website (www.gridhost.co.za) or by email request to support@gridhost.co.za (no charge payable) and is available for inspection at our offices during Business Hours.
Vetting of Applications and Use of registered Credit Bureaus
    1. Where applicable, we solely reserve the right to subject any application for services and/or products, including variations to existing services and/or products, to credit referencing and analysis by registered credit bureaux. You consent to the use of all information supplied for this purpose and for the purpose of compliance with the National Credit Act of 2005.
Written Terms and Conditions of Service
    1. We will provide you with a copy of the written Terms and Conditions upon finalisation of a service agreement or as soon as is reasonably possible thereafter. Where an agreement is entered into telephonically, a copy of the written Terms and Conditions thereof will be provided to you within 7 Business Days.
    2. Where we affect alterations to the Terms and Conditions of our service to you we will inform of such alterations within a reasonable and fair period.
Minimum Standards for the Services offered by Gridhost Services (PTY) LTD.
    1. Subject to events and conduct beyond its reasonable control, Gridhost Services (PTY) LTD. will:
      1. provide a minimum of 95% network service availability measured over 6 months;
      2. provide a minimum of 95% service availability measured over 6 months;
      3. attain a 90% success rate in meeting requests for installation and activation of service for qualifying service applicants within 30 Business Days while meeting the balance of requests within 40 Business Days;
      4. provide full reasons to you where we are not able to meet your request for service within these time periods;
      5. attain a 90% success rate within 7 Business Days in meeting requests for activation of a service while meeting the balance of requests within 15 Business Days;
      6. provide full reasons to you, if possible, where we are not able to meet your request for activation within these time periods;
      7. maintain an average of 90% fault clearance rate for all faults reported within 3 days, with the balance to be cleared within 6 Business Days of the reporting of the fault;
      8. respond within 3 minutes (averaged over 6 months) to any call directed to the Gridhost Services (PTY) LTD. call centre;
    2. Customers acknowledge that Gridhost Services (PTY) LTD. is directly dependent on network and other services provided by third parties in providing the services and meeting the standards set out above and that Gridhost Services (PTY) LTD. cannot be held liable in any manner whatsoever for any failure to meet such standards where this results from the acts and/or omissions of such third parties.
    3. Customers acknowledge that Gridhost Services (PTY) LTD. is directly dependent on network and other services provided by third parties in providing the services and meeting the standards set out above and that Gridhost Services (PTY) LTD. cannot be held liable in any manner whatsoever for any failure to meet such standards where this results from the acts and/or omissions of such third parties.
Miscellaneous
  1. Any queries relating to this Code of Conduct should be sent to support@gridhost.co.za
  2. This Code of Conduct forms part of the Terms and Conditions applicable to the use of Gridhost Services (PTY) LTD.’s services and products and is incorporated therein.
Disclaimer

Thank You For Taking The Time To Read Our Disclaimer

Gridhost Services (PTY) LTD., at its sole discretion, reserves the right to change or modify any of the terms, conditions and operation of this Website at anytime. By using this service, the user waives any rights or claims it may have against Gridhost Services (PTY) LTD., regarding such changes. Without limiting the foregoing, Gridhost Services (PTY) LTD. shall not be liable to you or your business for any incidental, consequential, special or punitive damages, lost or imputed profits or royalties arising out of this agreement, or any goods or services provided, whether for breach of warranty or any obligation arising therefrom or otherwise, whether liability is asserted in contract or not (including negligence and strict product liability) and irrespective of whether you have been advised of the possibility of any such loss or damage.

Hereby, each party waives any claims that these exclusions deprive such party of an adequate remedy. You acknowledge that third party product and service providers advertise their products and services on the Gridhost Services (PTY) LTD. website. Gridhost Services (PTY) LTD. forms partnerships or alliances with some of these vendors from time to time in order to facilitate the provision of these products and services to you. However, you acknowledge and agree that at no time is Gridhost Services (PTY) LTD. making any representation or warranty regarding any third party’s products or services, nor will Gridhost Services (PTY) LTD. be liable to you or any third party for any claims arising from or in connection with such third party products and services. Hereby, you waive and disclaim any rights and claims you may have against Gridhost Services (PTY) LTD. with respect to third party products and services, to the maximum extent allowable by law.

Privacy Policy
Purpose

This Policy sets out the manner in which Gridhost Services (PTY) LTD. (“gridhost”) manages personal information collected from or submitted by you, the user, when visiting Gridhost Services (PTY) LTD.’s website(s).

Definitions
    1. “personal information” is as defined in the Promotion of Access to Information Act No 2 of 2000 (“PAIA”) “user” means any person accessing any part of the website
Status
    1. This Privacy Policy forms part of the Terms and Conditions of Use of this website means you agree to the provisions of this Policy and are bound by them.
Collection of Personal Data
    1. We collect only necessary information and use it only for the purpose for which it is required.
    2. We will neither sell your personal information to anyone, nor otherwise dispose of it to a third party otherwise than as set out in the Policy. We will not attempt to obtain your permission to do so by deceptive means.
    3. If we do not need the information anymore, we will delete any personal information held.
    4. We do not retain or store any credit card information.
Email Communications
    1. When you send us personally identifying information in an email, we use what you provide only to help us gather information you might request. In an effort to respond to your request, information you submit may be viewed by various people within Gridhost Services (PTY) LTD. Once received, the information to your email is protected in accordance with this Policy.
Collection of Anonymous Data
    1. In order to provide the best possible and most relevant service, we may use standard technology to collect information about the use of this site. This technology is not able to identify individual users but simply allows this website to collect statistics.
    2. In order to do this we use cookies. A cookie is a small file that is placed on your hard drive in order to keep a record of your interaction with this website and will log:
      1. The Internet Protocol (IP) address from which you access our website. An IP address is the unique number that is automatically assigned to the computer you are using whenever you are using the web.
      2. The type of browser (such as Internet Explorer or Mozilla) and operating system (such as Windows Vista or MacOS) used to access our site.
      3. The date and time when the website is accessed, for the purpose of traffic and statistical monitoring.
      4. The pages visited, for the purpose of improving the usefulness of our website, by providing helpful links and removing pages that are not read.
    3. If you do not wish cookies to be employed, it is possible to change the manner in which your browser handles cookies. Please note that, if this is done, certain services on this website may not be available.
Access to Personal Data
    1. If you believe that your personal data which we may have is outdated or incorrect, please ask us to correct it by using our contact page. Please provide us with all the information we need to make the correction.
    2. You can also request access to any relevant personal data held by the website owner as set out in the Promotion of Access to Information Act 2 of 2000 (“PROATIA”) and where such access is necessary for you to exercise and/or protect any of your rights. It is advisable to send Gridhost Services (PTY) LTD. an email requesting the information you need.
Links to Other Websites
    1. We have no control over and accept no responsibility for the privacy practices of any third party sites to which hyperlinks may have been provided and we strongly recommend that you review the privacy policy of any site you visit before using it.
Security
    1. While reasonable measures are taken to ensure the integrity and security of information submitted to this site, we may not be held liable for any loss or other damage sustained by a user or users as a result of the intentional or accidental release of information by an employee of the website owner or any third party.
    2. Users and/or subscribers are prohibited from releasing their username and/or password to any other person or party.
Children’s Privacy
    1. This is a child-friendly website: Gridhost Services (PTY) LTD. takes into account the privacy and well-being of children when they are online.
Queries
  1. If you have any queries about this Privacy Policy please contact us.
Information Act

Section 51 Manual For Gridhost Services (PTY) LTD.

Introduction

This Manual is published in terms of Section 51 of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) (“the Act”). The Act gives effect to the provisions of Section 32 of the Constitution, which provides for the right of access to any information held by the State and to any information held by another person that is required for the exercise and/or protection of any right. The reference to any information in addition to that specifically required in terms of Section 51 of the Act does not create any right or entitlement (contractual or otherwise) to receive such information, other than in terms of the Act.

1. Overview

Gridhost Services (PTY) LTD. provides Internet Services to its customers, in both the business and home market. Gridhost Services (PTY) LTD. supports the constitutional right of access to information and we are committed to provide you access to our records in accordance with the provisions of the Act, the confidentiality we owe third parties and the principles of South African law.

2. Availability of This Manual

A copy of this Manual is available on our website PROATIA_Manual.pdf or by sending a request for a copy to the Information Officer by email. The Manual may also be obtained from our head office, the South African Human Rights Commission (“SAHRC”) at the addresses set out below. This Manual will be updated from time to time, as and when required.

3. How to Request Access to Records Held By Gridhost Services (PTY) LTD.

Requests for access to records held by Gridhost Services (PTY) LTD. must be made on the request form that is available on our website, from the SAHRC website (www.sahrc.org.za) or the Department of Justice and Constitutional Development (www.doj.gov.za) (under “regulations”). Note that requests need not be accompanied by payment, but will only be processed upon payment of the prescribed fees.Requests for access to records must be made to our Information Officer at the address, fax number or electronic mail address provided for below.The requester must provide sufficient detail on the request form to enable the Information Officer to identify the record and the requester. The requester should also indicate which form of access is required and indicate if he or she wishes to be informed in any other manner and state the necessary particulars to be so informed.The requester must identify the right that he or she is wanting to exercise or protect and provide an explanation of why the requested record is required for the exercise or protection of that right.If a request is made on behalf of a person, the requester must then submit proof, to the satisfaction of the Information Officer of Gridhost Services (PTY) LTD., of the capacity in which the requester is making the request.The standard form that must be used for the making of requests is attached as Annexure 1. Not using this form could cause your request to be refused or delayed (if you do not provide satisfactory or sufficient information or otherwise).Kindly note that all requests to Gridhost Services (PTY) LTD. will be evaluated and considered in accordance with the Act. Publication of this manual and describing the categories and subject matter of information held by Gridhost Services (PTY) LTD. does not give rise to any rights (in contract or otherwise) to access such information or records except in terms of the Act.

4. Contact Details

Name of Private Body: Gridhost Services (Pty) Ltd.

Designated Information Officer: Gary Dobkins
Email address of Information Officer: gary.dobkins@gridhost.co.za

Postal address:
The Boulevard Office Park
Block E
Searle Street
Woodstock
7925

Street Address:
The Boulevard Office Park
Block E
Searle Street
Zonnbebloem
Woodstock
7925

Phone number: 086 000 9584
Fax number: 27 21 413 1111

5. How to Access the Guide as Described in Section 10 of the Act
The Guide described in Section 10 of the Act is due in August 2003. From that date it will be available from the South African Human Rights Commission. Please direct any queries to The South African Human Rights Commission:

PAIA Unit
The Research and Documentation Department

Postal address:
Private Bag 2700
Houghton
2041

Telephone: +27 11 484-8300
Fax: +27 11 484-0582
Website: www.sahrc.org.za
E-mail: paia@sahrc.org.za

6. Voluntary Disclosure
Gridhost Services (PTY) LTD. has not published a notice in terms of Section 52(2) of the Act, however, it should be noted that the information relating to Gridhost Services (PTY) LTD. and its services is freely available on Gridhost Services (PTY) LTD.’s website. Certain other information relating to Gridhost Services (PTY) LTD. is also made available on such website from time to time.Further information in the form of marketing brochures, any advertising material and other public communication is made available from time to time.

7. Records Available in Terms of Other Legislation Section 51 (1)(d)
Information is available in terms of the following legislation, if and where applicable.
Basic Conditions of Employment No. 75 of 1997
Closed Corporation Act No. 69 of 1984
Companies Act 61 of 1973
Electronic Communications and Transactions Act 25 of 2002.
Labour Relations Act 66 of 1995Promotion of Access to Information Act No. 2 of 2000
Regional Services Councils Act No. 109 of 1985
Skills Development Levies Act No. 9 of 1999
Skills Development Act No. 97 of 1998
Unemployment Contributions Act No. 4 of 2002
Unemployment Insurance Act No. 63 of 2001
Value Added Tax Act No. 89 of 1991

7.1. Access to the records held by the private body in question.
i. The latest notice regarding the categories of records of the body, which are available without a person having to request access in terms of this Act in terms of section 52(2) Section 51(1)(c) – Not applicable

8. RECORDS HELD BY Gridhost Services (PTY) LTD
Gridhost Services (PTY) LTD maintains records on the following categories and subject matters. However, please note that recording a category or subject matter in this Manual does not imply that a request for access to such records would be honoured. All requests for access will be evaluated on a case-by-case basis in accordance with the provisions of the Act.

8.1 Internal Records

  • Memorandum and Articles of Association
  • Financial records
  • Operational records
  • Intellectual property
  • Marketing records
  • Internal correspondence
  • Product records
  • Statutory records
  • Internal policies and procedures

8.2 Personnel Records

Personnel refers to any person who is employed by, works for or provides services to or on behalf of Gridhost Services (PTY) LTD. and receives or is entitled to receive any remuneration and any other person who assists in carrying out or conducting the business of Gridhost Services (PTY) LTD. This includes, without limitation, directors, executive directors, non-executive directors, all permanent, temporary and part-time staff, as well as contract workers. Personnel records include the following:

  • Any personal records provided to Gridhost Services (PTY) LTD. by their personnel;
  • Any records a third party has provided to Gridhost Services (PTY) LTD. about any of their personnel;
  • Conditions of employment and other personnel-related contractual and quasi-legal records;
  • Internal evaluation records; and
  • Other internal records and correspondence.

8.3 Customer Records

Please be aware that Gridhost Services (PTY) LTD. is very concerned about protecting the confidential information of its customers. Please motivate any request for customer information with extreme caution, having regard to Sections 63 to 67 of the Act.

Customer information includes the following:

  • Any records a customer has provided to Gridhost Services (PTY) LTD. or a third party acting for or on behalf of Gridhost Services (PTY) LTD.;
  • Contractual information;
  • Customer needs assessments;
  • Personal records of customers;
  • Credit information and other research conducted in respect of customers;
  • Any records a third party has provided to Gridhost Services (PTY) LTD. about customers;
  • Confidential, privileged, contractual and quasi legal records of customers;
  • Customer evaluation records;
  • Customer profiling;
  • Performance research conducted on behalf of customers or about customers;
  • Any records a third party has provided to Gridhost Services (PTY) LTD. either directly or indirectly; and

Records generated by or within Gridhost Services (PTY) LTD. pertaining to customers, including transactional records.

8.4 Technical Records

  • Technical records generated by, or within Gridhost Services (PTY) LTD. pertaining to customers.

8.5 Other Parties

Records are kept in respect of other parties including, without limitation, contractors, suppliers, joint ventures, service providers and general market conditions. In addition, such other parties may possess records, which can be said to belong to Gridhost Services (PTY) LTD.

The following records fall under this category:

  • Personnel, customer or Gridhost Services (PTY) LTD. records which are held by another party as opposed to being held by Gridhost Services (PTY) LTD.; and
  • Records held by Gridhost Services (PTY) LTD. pertaining to other parties, including financial records, correspondence, contractual records, electronic mail, logs, cached information, records provided by the other party, and records third parties have provided about the contractors/suppliers or customer.

    8.6 Other Records

Further records are held including:

  • Information relating to Gridhost Services (PTY) LTD. own commercial activities; and
  • Research carried out on behalf of a client by Gridhost (Pty) Ltd. or commissioned from a third party for a customer;

Research information belonging to Gridhost Services (PTY) LTD., whether carried out by Gridhost Services (PTY) LTD. or commissioned from a third party.

Online Advertising Terms and Conditions

Gridhost Services (PTY) LTD. provides Pay Per Click (PPC) services as specified in this agreement.

The Customer Understands And Acknowledges The Following:
  1. Advert positions might change from time to time.
  2. gridhost has no control over other parties bidding more on the same or similar keywords which may influence the Customer’s advert position.
  3. Gridhost Services (PTY) LTD. has no control over search engines and cannot provide any guarantee that any of the search engines will or will not change their algorithms in such a way that may have a detrimental effect on the ranking of the website.
  4. Gridhost Services (PTY) LTD. maintains a tiered product and pricing structure. Should the Customer’s advertising spend go over their selected tier, Gridhost Services (PTY) LTD. reserves the right to increase the Customer’s payment amount to Gridhost Services (PTY) LTD., in line with the tier that their chosen spend denoted.
  5. The display times for adverts to appear on Google OR other search engines may change. Gridhost Services (PTY) LTD. cannot guarantee that the Customer’s advert will appear immediately on a search engine or that the advert’s position will change straight away from previous campaigns that Gridhost Services (PTY) LTD. was not managing.
  6. gridhost accepts no responsibility for any detrimental effect to the success of a campaign should the Customer’s website change without warning. The Customer understands that changing their website in anyway without informing gridhost will have a detrimental effect on the success of the campaign being managed by gridhost.
Gridhost Services (PTY) LTD. Shall Not Be Liable To The Customer For:

Any loss of revenue or contractual agreements between the Customer and their supplier or profits.

Protection of Minors

The below websites contain information and applications for protecting minors from problematic online content:

  1. Cyberangels: The world’s oldest and largest Internet safety organisation.
  2. GetNetwise: An organisation that educates parents and children about how to use the Internet safely.
  3. Enough.org: An organisation that protects children in cyberspace.
  4. SafeKids.com: A platform that makes your family’s online experience fun and productive.
  5. WiredKids: The first online safety, education, and help group in the world focused on kids and teens.
Shared Hosting Usage Guidelines and Acceptable Use

Gridhost Services (PTY) LTD. reserves the right to amend the Acceptable Usage Policy for our Shared Hosting service as necessary. This is to ensure optimal performance across our network for the majority of our Shared Hosting clients.

Gridhost Services (PTY) LTD. is engaged in supplying quality services to its customers. To ensure the integrity of the network and to offer customers fair and equal usage, Gridhost Services (PTY) LTD. solely reserves the right to undertake the necessary steps to prevent excessive usage by the following means:

  • Due to the nature of a shared web hosting environment, gridhost reserves the right to ask customers to upgrade or correct issues relating to their Shared Web Hosting package, or to correct issues on their Shared Web Hosting package, should it negatively affect the network or server performance for the majority of our customers.
  • Gridhost Services (PTY) LTD. reserves the right to upgrade (or in certain circumstances suspend) a customer’s Shared Hosting package on the customer’s behalf should the customer’s package be causing degradation of a shared hosting environment which adversely affects other customers. Reasonable notice will be given to the customer in the form of electronic mail or by way of other suitable communication methods before any upgrade is actioned.
  • The Gridhost Services (PTY) LTD. Shared Web Hosting platform is intended for hosting a website with relevant content and function for a personal or small home business without the concern of traffic overages. The use of the service should not be indicative for large scale enterprises or applications where a Dedicated Server or Virtual Private Server would be more suited.
  • gridhost prohibits the use of the Shared Web Hosting service disk space to be utilised for purposes other than its intended function: content hosting, personal and small enterprise email and relevant web files.
  • gridhost may at times, with reasonable notice to customers, revise or amend its current shared and dedicated hosting offerings relating to price, features, traffic allocations and disk sizes.
  • Gridhost Services (PTY) LTD.’s “unlimited” features on the Shared Web Hosting service is not intended to allow a single or more subscribers to unfairly or negatively impact the hosting experience of other subscribers.

To ensure service levels within the Shared Hosting platform are maintained, gridhost utilises various methods to protect its subscribers and associated systems from abuse which includes, but is not limited to, the following:

  • Excessive SQL Databases: Services with SQL databases larger than 3 GB individually, or if a database is deemed to be negatively affecting the shared hosting platform (for example, if the database uses 200% more resources than our average database, or exceeds a reasonable RAM allocation).
  • Excessive INODE count: Gridhost Services (PTY) LTD. reserves the right to automatically upgrade a package(s) where the inode count exceeds the package specific allocation. To view allocation limits, please visit the product page. Reasonable notice will be given to the customer in the form of electronic mail or by way of other communication methods before any upgrade is actioned.
  • Excessive domain, email and FTP services: gridhost does not set specific limits to the domain, email and FTP services, but may at its sole discretion suspend or deactivate a service should it adversely be impacting the performance of the Shared Hosting environment.

Free Domain

If a Shared Hosting package is cancelled within 6 months, the customer is liable to pay for his or her free domain.

Domain Registrations as a Reseller

When registering a domain as a reseller, it has to be registered with the correct beneficiary details of the domain end user and not that of the reseller.

Legal

The User undertakes to use gridhost’s services in accordance with any restrictions imposed under the following legislation:

  • Electronic Communications and Transactions Act 25 of 2002;
  • Electronic Communications Act 36 of 2005;
  • Regulation of Interception and Provision of Communication-Related Information Act 70 of 2003.

All cases of violation of the above Acceptable Use Policy should be reported to abuse@gridhost.co.za

Terms and Conditions

General

Gridhost Services (PTY) LTD. reserves the right to change or modify any of the terms and conditions contained in this agreement.

  • This is an agreement between you and Gridhost Services (PTY) LTD. regarding your use of Gridhost Services (PTY) LTD.’s services, products, computers, interactive information, communications, intellectual property and server management service, and supersedes all prior agreements. All such usage shall be subject to the terms and conditions and policies set out in this agreement as read with the terms and conditions applicable to the relevant product or service (collectively, “the / this Agreement”).
  • This Agreement applies to all accounts, sub-accounts, and any alternative account names associated with your principal account. The Account Holder is responsible for the use of each account in any way, whether used under any name or by any individual, and for ensuring full compliance with this Agreement by all users of that account.
  • In circumstances of the Consumer Protection Act, 2008 (“the CPA”) being applicable to this Agreement, the provisions of the CPA shall prevail should there be a conflict between any provision of this Agreement and the provisions of the CPA.

Please Read These Terms And Conditions Carefully.

Acceptable Use Policy

    1. By using Gridhost Services (PTY) LTD.’s services, you agree to adhere to our Policies and Procedures, including this Acceptable Use Policy (AUP).

General and Acceptable Use

    1. You are expected to use Gridhost Services (PTY) LTD.’s services with respect, courtesy, and responsibility, giving due regard to the rights of other users. We expect you to have a basic understanding of how the Internet functions, the types of uses which are generally acceptable, and the types of uses which are unacceptable. Common sense is regarded as the best guide for what is considered acceptable use.

Unacceptable Use

    1. Illegality in any way or form including, but not limited to, activities such as unauthorised distribution or copying of copyrighted material, violation of export restrictions, harassment, fraud, trafficking in obscene material, child sexual abuse imagery or in any other way, drug dealing, and other illegal activities.
    2. Gridhost Services (PTY) LTD.’s services and servers may be used strictly for lawful purposes. Storage, transmission or distribution of any material or part of it in violation of any applicable law or regulation is strictly prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorisation, and material that is obscene, defamatory, constitutes a legal threat, or violates export control laws. Examples of unacceptable content or links: “pirated software”, “hacker programs or archives”, “Warez sites”, “IRC Bots”, “illegal MP3s” etc.
    3. Due to the nature of a shared web hosting environment, Gridhost Services (PTY) LTD. reserves the right to ask customers to upgrade or correct issues pertaining to their shared web hosting package, or to correct issues on their shared web hosting package, should it negatively affect the network or server performance for the majority of our customers.
    4. The Gridhost Services (PTY) LTD. shared web hosting platform is intended for hosting a website with relevant, appropriate and legal content and function for a personal or small home business without the concern of traffic overages. The use of the service should not be indicative for large scale enterprises or applications where a dedicated server would be more suited.
    5. Gridhost Services (PTY) LTD. prohibits the use of the shared web hosting service disk space to be used for purposes other than its intended function: content hosting, personal and small enterprise email and relevant web files.
    6. The use of dedicated or shared hosting services for hosting torrent boxes and/or running proxies is strictly forbidden. Servers continuously running a risk of supporting these types of services will be disabled and terminated from our network with immediate effect.
    7. Posting of defamatory, scandalous, violent or private information about a person without their consent, intentionally inflicting pain or emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
    8. Any unacceptable use of the services constitutes a material breach of these Terms and Conditions of Use, and Gridhost Services (PTY) LTD. fully and solely reserves its rights in this regard.

Interpretation

    1. The provisions of this Policy are not meant to be exhaustive, but are intended as guidelines. Generally, any behaviour that breaches or violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is strictly prohibited. Gridhost Services (PTY) LTD. reserves the right at all times to prohibit conduct that damage its reputation and goodwill in any way.

System and Network Security

    1. Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to, the following:
      1. unauthorised access, use, probe, or scan of a system’s security or authentication measures, data or traffic;
      2. interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
      3. forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting; and
      4. employing posts or programs which consume excessive CPU time or storage space, permits the use of mail services, mail forwarding capabilities, POP accounts, or autoresponders other than for their own account; or resale of access to CGI scripts installed on our servers.

Spamming

    1. Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site’s mail server to relay mail without the express permission of the site or distributing, advertising or promoting products or software or services that have the primary purpose of encouraging or facilitating unsolicited commercial email or spam.
    2. It is in violation of Gridhost Services (PTY) LTD.’s Policy for customers to use our servers to effect or participate in any way in any of the following activities:
      1. To post to any Usenet or other newsgroups, forums, email mailing lists or other similar groups or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list;
      2. To send unsolicited mass emails, if such emails provoke complaints from the recipients;
      3. To engage in any of the foregoing activities using the service of another provider, but channelling such activities through a Gridhost Services (PTY) LTD. provided server, or using a Gridhost Services (PTY) LTD. provided server as a maildrop for responses;
      4. To falsify user information provided to Gridhost Services (PTY) LTD. or to other users of the service in connection with use of a Gridhost Services (PTY) LTD. service.

Determination of a Breach of This Policy

    1. Gridhost Services (PTY) LTD. will be the sole arbiters and have a sole and complete discretion in determining what is seen as a violation of this Policy.

Consequences of Breach of This Policy

    1. When Gridhost Services (PTY) LTD. becomes aware of an alleged violation of its AUP (Acceptable Use Policy), Gridhost Services (PTY) LTD. will initiate an investigation (within 24-48 hours). During the investigation Gridhost Services (PTY) LTD. may restrict your access in order to prevent further possible unauthorised activity. If you are found in violation of our SPAM Policy, Gridhost Services (PTY) LTD. may, at its sole discretion, restrict, suspend, or terminate your account and/or pursue other civil remedies. Also, Gridhost Services (PTY) LTD. reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated Policy violation. If such violation is a criminal offence, Gridhost Services (PTY) LTD. will notify the appropriate law enforcement department of such violation.
    2. Gridhost Services (PTY) LT.D does not issue service credits for any outages incurred through service disablement resulting from Policy violations.
    3. You shall be held liable for any and all costs incurred by Gridhost Services (PTY) LTD. as a result of your violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorised bulk mailings and/or news server violations.
    4. First violations will result in a Cleanup Fee of R1500 and your account will be reviewed for possible immediate termination.
    5. A second violation will result in Cleanup Fee of R3500 and immediate termination of your account.
    6. The Customer who violates this Policy agrees to also pay Investigation Fees of no more than R1500 per hour that Gridhost Services (PTY) LTD. personnel must spend to investigate any violations.

Modification

    1. Gridhost Services (PTY) LTD. may at times, with reasonable notice to Customers, revise or amend its current Shared and Dedicated Hosting offerings relating to price, features, traffic allocations and disk sizes.
    2. Gridhost Services (PTY) LTD. reserves the right to add, delete, or modify any provision of this Policy at any time without notice.

Reporting Network Abuse

    1. Any party seeking to report any violations Gridhost Services (PTY) LTD.’s Policy may contact via email: abuse@gridhost.co.za

Website Takedowns

    1. All queries related to website take downs may be directed to the Internet Service Providers’ Association (ISPA), which Gridhost Services (PTY) LTD. has appointed as its agent for the purposes of receipt of takedown notices in accordance with Chapter 11 of the Electronic Communications and Transactions Act of 2002:
      Website: www.ispa.org.za/
      Email: takedown@ispa.org.za

Disclaimers and Limitation of Liability

    1. You agree that our entire liability, and your exclusive remedy, with respect to any Services provided under this Agreement and any violation of this Agreement is solely limited to the amount you paid for such Services. We and our contractors shall not be held liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services.
    2. We disclaim any and all loss or liability resulting from, but not limited to, loss or liability resulting from:
      1. access delays or access interruptions;
      2. data non-delivery or data mis-delivery;
      3. acts of God;
      4. the unauthorised use or misuse of your account identifier or password;
      5. errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement;
      6. the interruption of your Service.
    3. You agree that we will not be liable for any loss of registration and use of your domain name, or for 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, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
    4. Subject always to the provisions of the CPA, to the extent that it is applicable, Gridhost Services (PTY) LTD.’s services are provided on an as is, as available, basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Gridhost Services (PTY) LTD. expressly disclaims any representation or warranty that the Gridhost Services (PTY) LTD. services will be error-free, secure or uninterrupted.
    5. No oral advice or written information given by Gridhost Services (PTY) LTD., its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice as if it were a warranty. The terms of this section will survive any termination of this Agreement.
    6. Gridhost Services (PTY) LTD. will use its best efforts to maintain a full-time Internet presence for the Account Holder. You hereby acknowledge that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error.
    7. The terms of this Section will survive any termination of this Agreement.

Responsibility for Content and Account Holder Indemnities

    1. You agree to indemnify and hold Gridhost Services (PTY) LTD. harmless from any and all Claims resulting from or connected with any activities conducted by you. You and Gridhost Services (PTY) LTD. will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement.
    2. You agree not to store, transmit, link to, advertise or make available any images containing pornography through the Virtual Web Hosting service. Gridhost Services (PTY) LTD. reserves the right to refuse service if any of the content within, or any links from, your website is deemed illegal, misleading, or obscene, or is otherwise in breach of these terms or Gridhost Services (PTY) LTD.’s then current Acceptable Use Policy, in the sole and absolute opinion of Gridhost Services (PTY) LTD.
    3. Gridhost Services (PTY) LTD. will not change passwords to any account without proof of identification, which is satisfactory to Gridhost Services (PTY) LTD., which may include written authorisation with signature. In the event of any partnership break-up, divorce or other legal problems that includes you, you understand that Gridhost Services (PTY) LTD. will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Gridhost Services (PTY) LTD. be liable for any losses incurred by you during this time of determination of ownership, or otherwise. You agree to indemnify and hold harmless Gridhost Services (PTY) LTD. from any and all Claims arising from such ownership disputes.
    4. You agree to indemnify and hold Gridhost Services (PTY) LTD. and any other Account Holder harmless from any and all Claims resulting from your use of the services provided by Gridhost Services (PTY) LTD. The terms of this Section will survive any termination of this Agreement.
    5. You agree not to harm Gridhost Services (PTY) LTD., its reputation, computer systems, programming and/or other persons using Gridhost Services (PTY) LTD.’s services.
    6. The terms of this Section will survive any termination of this Agreement.

Variation of Services

    1. You agree that Gridhost Services (PTY) LTD. may establish certain limits concerning use of any Gridhost Services (PTY) LTD. service offered on any Gridhost Services (PTY) LTD. website including, without limitation, the maximum number of days that email messages will be retained by any Gridhost Services (PTY) LTD. service, the maximum number of email messages that may be sent from or received by an account on any Gridhost Services (PTY) LTD. service, the maximum size of an email message that may be sent from or received by an account on any Gridhost Services (PTY) LTD. service, the maximum disk space that will be allotted on Gridhost Services (PTY) LTD.’s servers on your behalf either cumulatively or for any particular service. You agree that Gridhost Services (PTY) LTD. has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any Gridhost Services (PTY) LTD. service. You acknowledge that the features, parameters (for example, the amount of storage available to users) or existence of any Gridhost Services (PTY) LTD. service may change at any time.
    2. Gridhost Services (PTY) LTD. reserves the right to select the server for your website for best performance. You understand that the services provided by Gridhost Services (PTY) LTD. are provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If yours website overwhelms the server and causes complaints from other users, you have outgrown the realm of shared servers, and will need to relocate your website. If you refuse to comply with this Section, then Gridhost Services (PTY) LTD. has the right to terminate the services provided to you without any refunds of the unused portion prepaid by you.

Non-transferability of Services

    1. Your rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of Gridhost Services (PTY) LTD.

Passwords

    1. You are responsible for maintaining the confidentiality of your password. In the event of a breach of security through your account, you will be liable for any unauthorised use of Gridhost Services (PTY) LTD. services, including any damages resulting there from, until you notify Gridhost Services (PTY) LTD.’s customer service.
    2. The responsibility of all passwords and other related sensitive information is assumed by you, should any additional fee’s arise from resource consumption due to poor credentials (such as, but not limited to blank passwords or “test” accounts) no fault shall be levied on Gridhost Services (PTY) LTD.

Assignment of IP Addresses

    1. Gridhost Services (PTY) LTD. assigns you an Internet Protocol address in connection with your use of the Gridhost Services (PTY) LTD. services, the right to use that Internet Protocol address will remain with and belong only to Gridhost Services (PTY) LTD., and you will have no right to use that Internet Protocol address except as allowed by Gridhost Services (PTY) LTD. in its sole and absolute discretion.

General Provisions

    1. This Agreement constitutes the entire agreement between you and Gridhost Services (PTY) LTD. with respect to the Gridhost Services (PTY) LTD. services and supersedes all prior agreements between you and Gridhost Services (PTY) LTD. Gridhost Services (PTY) LTD. reserves the right to amend this Agreement from time to time. Any new version of the Agreement will be displayed on our Website together with the date on which it will become effective, which will never be less than 30 (thirty) days after the date on which it is first published. It is your obligation to visit our web site on a regular basis in order to determine whether any amendments have been made. Any use by you of the Gridhost Services (PTY) LTD. services after the effective date of any such amendment, shall be deemed to constitute acceptance by you of such amendment.
    2. Gridhost Services (PTY) LTD.’s failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.
    3. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.
    4. Save where otherwise provided for in this Agreement, if you:
      1. fail to pay any amount payable under this Agreement within 10 days after receipt of written demand requiring such payment; or
      2. commit a breach of any provision (other than a payment obligation) of this Agreement and, if such breach is capable of remedy, fail to remedy such breach within thirty days after receipt of written demand requiring you to do so;
      3. are placed under liquidation, judicial management, business rescue proceedings or any similar disability, whether provisionally or finally and whether voluntarily or compulsorily;
      4. commit any act which if committed by a natural person would constitute an act of insolvency;
      5. become insolvent;
      6. compromise or attempt to compromise generally with any of your creditors;
      7. have a final judgment taken against you which is not satisfied within 30 days after the granting of such judgment, then Gridhost Services (PTY) LTD. shall be entitled, without prejudice to any of its other rights under this Agreement and/or in law and by giving written notice, to immediately cancel this Agreement or to claim immediate specific performance of all of your obligations whether or not due for performance, in either event without prejudice to Gridhost Services (PTY) LTD.’s right to claim damages.
    5. The interpretation and enforcement of this Agreement shall be governed according the laws of the Republic of South Africa (excluding its choice of law rules).
    6. You consent to the jurisdiction of the South African courts.
    7. The Gridhost Services (PTY) LTD. services are provided from Cape Town, South Africa, and this Agreement is deemed to have been entered into at Cape Town.
    8. Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery, fax or by email. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested, with all postage and charges prepaid, and shall be deemed to have been received on the 5th Business day after posting. Emails and faxes shall be deemed to be received on the Business Day they are sent if sent before 16h00 on that day or on the next Business Day thereafter is sent after 16h00 on a Business Day or if sent on a non-business Day.

Billing Terms of Gridhost Services (PTY) LTD.

General

    1. Gridhost Services (PTY) LTD. will provide you with an itemised bill or invoice on request or where this is specified as part of the services provided to you.
    2. Accounts are due on invoice presentation date (“Due Date”) shown on all invoices received from Gridhost Services (PTY) LTD., unless agreed otherwise. Gridhost Services (PTY) LTD. retains the right to impose, subject to a notice period of 7 Business Days, a credit limit on any of it’s customers as and when it sees fit. (Amended 6 May 2015)
    3. Gridhost Services (PTY) LTD. products and services are not pro-rated.
    4. Gridhost Services (PTY) LTD. will provide a service to you, as chosen by you, for the period of time (“the Term”) corresponding with the payment plan specific to you or as otherwise specified in the product’s terms and conditions relating to the particular product or service supplied by Gridhost Services (PTY) LTD. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated.

Effect of Non-payment

    1. In the event of non-payment of an invoice by the stipulated Due Date, without prejudice to any other rights that Gridhost Services (PTY) LTD. has in terms of this Agreement or in law, Gridhost Services (PTY) LTD. reserves the right to hold you liable for the total amount due pursuant to such invoice.
    2. Interest of 2% per month may be charged on all overdue accounts.
    3. Gridhost Services (PTY) LTD. may halt or completely stop the supply of new services to you and/or terminate current services held by you if payment of any invoice is not made by the Due Date, or if an application for business rescue proceedings or liquidation is filed by or against the customer, or if the customer goes out of business or announces intention to do so.
    4. If the supply of new services is stopped or the existing services are terminated in accordance with section 6, the full outstanding balance becomes due and payable immediately.
    5. If you pay the amount due in full, you may have your existing services re-activated and also purchase new services.
    6. If you neglect to pay the amount due in full, Gridhost Services (PTY) LTD. will submit the full overdue amount for Collections. In the event of the account being handed over to an outside collection agency, any costs incurred as such will be for your own account.
    7. In the event of suspension due to non-payment, Gridhost Services (PTY) LTD. reserves the right to place a “non-payment” page on your domain. Furthermore, the DNS of your domain will remain unchanged until full payment for the outstanding balance on your account has been received.
    8. If the preferred method of payment used by you is EFT, it will be your sole responsibility to ensure your payments are made using the correct beneficiary reference as indicated on all invoicing. Failure to comply may result in an incorrect allocation of your payment which may cause service disruption as a result of the account being suspended due to non-payment.

Payment Methods and Fees

    1. Gridhost Services (PTY) LTD. accepts the following payment methods. Debit Order, Credit Card (MasterCard, VISA and AMEX.), EFT and Instant EFT. We recommend that you make payment via Credit Card or Debit Order. This way you stand less chance of forgetting to make your monthly payments. Gridhost Services (PTY) LTD. runs debit orders once a week.
    2. A processing fee of R50.00 (incl. VAT) is charged on all returned debit orders.
    3. The merchant outlet country at the time of presenting payment options to the cardholder is the Republic of South Africa and the transaction currency is South African Rand (ZAR).

Refunds

    1. Gridhost Services (PTY) LTD. will only refund a customer in the event of their account having a credit balance.
    2. Gridhost Services (PTY) LTD. will process authorised refunds to customers each Wednesday and Friday.

Cancellations

    1. Cancellations must be done using Gridhost Services (PTY) LTD.’s Customer Zone.
    2. Note that by default we operate on an end-of-term basis and, should you cancel a service, the service will be terminated at the end of your current billing period.
    3. Domains are eligible to automatically renew for an extra one-year term upon expiry. Renewal notifications will be sent out prior to the renewal, and cancellations may be done before the renewal date.

Downgrades

Definition: “A downgrade occurs when changing your current package to a package with a lower cost.”
Example: Changing from a Linux Large account at R199 to a Linux Medium account at R79 would be considered a downgrade.

    1. Downgrades must be done using Gridhost Services (PTY) LTD.’s Customer Zone.
    2. We require notification of downgrades on or before the 20th of each month, in order for the downgrade to take effect from the first day of the next month. If you do not provide this notice, you will be charged rate for the existing package in the following month

Dispute Resolution

General Dispute Resolution

    1. The parties shall attempt to resolve all disputes arising out of this Agreement in the spirit of cooperation and with a problem-solving mind set, without formal proceedings and in agreement with the various dispute resolution procedures provided.
    2. In the event of the dispute not being resolved, please follow the general complaint procedure as stipulated by ICASA for all complaints accept Billing disputes.
      You are required to direct a general complaint to support@gridhost.co.za. The complaint is required to be accompanied by the following;

      • Your full particulars and contact details;
      • Your relationship with Gridhost Services (PTY) LTD. and any customer reference which may be applicable;
      • A statement of the reason or reasons for the complaint with enough detail to allow us to assess these; and
      • Any relevant evidence or documentation you wish to submit in support of your complaint.
      • Under the ICASA Code of Conduct Regulations Gridhost Services (PTY) LTD. is required to:
      • Acknowledge receipt of your complaint within 3 Business Days; and
      • Determine an outcome for the complaint and communicate this to you within 14 Business Days.

Referral of Complaints to ICASA

    1. If you are not happy with the outcome of the Complaint, you have the right to escalate it to ICASA. If ICASA are not able to resolve the matter it may be referred to the ICASA Complaints and Compliance Committee for adjudication.
    2. Please note that under the ICASA Code of Conduct Regulations 2008 you must give us an opportunity to resolve the matter within the 14-day period before you have the right to escalate your complaint to ICASA.
    3. ICASA can be contacted in the following ways:
      1. telephone (011) 566 3000,
      2. fax (011) 444 1919 or
      3. email: consumer@icasa.org.za
    4. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in South Africa. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney’s fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.

Billing Dispute Resolution

Purpose of this Procedure

    1. This Procedure sets out the obligations of Gridhost Services (PTY) LTD. and the Customer in resolving a Billing Dispute, including the manner in which Billing Disputes should be lodged and how it will be handled thereafter.
    2. Gridhost Services (PTY) LTD.’s Billing Dispute Handling Procedure is intended to service both the Customer and Gridhost Services (PTY) LTD.’s interests by setting out clear rules and procedures to be used where Billing Disputes Occur.
    3. Definitions
      • “Billing Dispute” means an instance where a Customer states in good faith that their bill contains incorrect charges, payments or adjustments.
      • “Billing Dispute Notice” means a notice submitted by the Customer in terms of this Procedure.
      • “Billing Disputes Procedure” and “this Procedure” mean this Billing Dispute Procedure for the initiation and resolution of Billing Disputes.
      • “Billing Enquiry” means the situation where the Customer seeks information or clarification relating to an Invoice including, without limitation, seeking clarification of charges or sources of usage. For the avoidance of doubt, this is not a Billing Dispute.
      • “Business Day” means any day other than a Saturday or Sunday or a public holiday observed as such in the Republic of South Africa;
      • “Complaint” means an expression of dissatisfaction or grievance made by a Customer, but does not include a request for information. A Complaint is not a Billing Dispute.

General

    1. Any charge recorded on an Invoice (the subject of a Billing Dispute) which is not submitted in accordance with this Procedure is payable in full to Gridhost Services (PTY) LTD. by the Due Date of the Invoice.
    2. For the avoidance of doubt the parties acknowledge and agree that:
      1. An amount that is not in dispute (“Undisputed Amount”) cannot be withheld for any reason (including, without limitation, when that amount is on an invoice together with a Disputed Amount).
      2. Only Billing Disputes can trigger the Billing Dispute Handling Procedure (and the potential right to withhold payment of Disputed Amounts from Gridhost Services (PTY) LTD. as set out below).
      3. Billing Enquiries and Complaints are not Billing Disputes and do not trigger the Billing Dispute Procedure. Billing Enquiries should be directed to billing@gridhost.co.za – while Complaints are dealt with under the Gridhost Services (PTY) LTD. Complaints Handling Procedure.
    3. Please note that Gridhost Services (PTY) LTD. will not entertain any Billing Dispute based on unauthorised use of the services or on unauthorised use of the services by a third party, it being your responsibility to safeguard access to the services which you receive and to use them in the manner set out in the terms and conditions applicable thereto.

Customer’s Obligations to first use this Procedure

    1. As a current or prior Customer of gridhost, you agree to allow gridhost to attempt settlement of any Billing Dispute for 14 Business Days before raising a dispute with any third party, credit card company or bank. gridhost requires and you agree that it be the first option in Billing Disputes. Should gridhost receive a chargeback or other reversed charge from a third party, Credit Card Company or bank on your behalf before gridhost has been given a chance to resolve the issue, gridhost has the right to collect on the rendered services and any fees associated with those disputes.
    2. Not all Billing Disputes may be settled to a customer’s satisfaction. Once this Procedure has been exhausted, a Customer may use any third party, Credit Card Company or bank in an attempt to settle the dispute. However, Gridhost Services (PTY) LTD. still retains the right to collect on any rendered services or fees that are due. Should Gridhost Services (PTY) LTD. be unable to reverse any disputed amounts with a third party, Credit Card Company or bank, Gridhost Services (PTY) LTD. will submit the full delinquent amount for Collections.

Time period within which Billing Disputes can be initiated

    1. A Billing Dispute Notice may be lodged in the required manner until the passing of 60 days from the date of the relevant invoice.

Circumstances under which payment of a Disputed Amount may be withheld

    1. You may only withhold payment of a Disputed Amount where Gridhost Services (PTY) LTD. receives a valid Billing Dispute Notice relating to such Disputed Amount at least 5 Business Days prior to the Due Date indicated on the relevant invoice.

Billing Dispute Notice

    1. A Billing Dispute can only be validly initiated through the submission of a valid Billing Dispute Notice using the Customer Zone.
      1. Invoice number and date;
      2. The amount in dispute (“the Disputed Amount”);
      3. The amount not in dispute (“the Undisputed Amount”);
      4. The full details of the dispute; and
      5. Any relevant evidence or documentation you want to submit to support your complaint.

Response to Billing Dispute Notice

    1. Under the ICASA Code of Conduct Regulations Gridhost Services (PTY) LTD. is required to acknowledge receipt of your complaint within 3 Business Days.
    2. Gridhost Services (PTY) LTD. shall provide a response to the Billing Dispute Notice within 14 Business Days, which response shall take one of the following forms:
      1. A rejection of the Billing Dispute Notice on the basis that:
      2. The Billing Dispute Notice was not received by Gridhost Services (PTY) LTD. within 60 days from the date of the relevant invoice;
      3. The Billing Dispute Notice does not contain all of the information set out in clause 11 of this Billing Dispute Procedure or was not submitted in accordance with section 10.
      4. The Customer has not made payment in accordance with (and does not have A right to withhold payment) in terms of sections 61, 62.1 and 67 of this Procedure;
      5. Gridhost Services (PTY) LTD. has confirmation from the Customer that the dispute which is the subject of the Billing Dispute Notice has been resolved;
      6. The Customer is disputing the charges on the basis that the Customer did not authorise the particular use of the services by another person; or
      7. Gridhost Services (PTY) LTD. reasonably believes that the Customer does not have a bona fide dispute in relation to the charges.
      8. A request for information or documentation from the Customer lodging the Billing Dispute Notice which is reasonably required to assist Gridhost Services (PTY) LTD. in making a determination in the matter. The Customer shall provide such information or documentation as soon as possible and the running of the 14 Business Day period referred to below shall be suspended until such time as it has been received by Gridhost Services (PTY) LTD.
      9. A determination of the Billing Dispute and the reasons for such determination.

Referral to Senior Management

    1. If you are not satisfied with Gridhost Services (PTY) LTD.’s response under section 84 of the Billing Dispute Procedure then you must notify (“SM Request”) Gridhost Services (PTY) LTD. within 3 Business Days of receiving Gridhost Services (PTY) LTD.’s response that you want the matter referred to Senior Management (“SM”). Subject to you complying with this clause 72 of the Billing Dispute Procedure, both parties agree:
      1. To ensure that SM meet to resolve the dispute within 7 Business Days of Gridhost Services (PTY) LTD. receiving the SM Request but in any event not later than 14 Business Days after the lodging of the Billing Dispute Notice.
      2. Any decision of SM will be final and binding on both parties.
      3. Both parties acknowledge and agree that if Gridhost Services (PTY) LTD. does not receive a Notification from you in accordance with this clause 72 then the Billing Dispute will be deemed to have been resolved in accordance with the response provided under section 72 and Gridhost Services (PTY) LTD. will have no further obligations in relation to the Billing Dispute.

Resolution, Agreement or Determination

    1. If stipulated under Gridhost Services (PTY) LTD.’s response under section 84 or where SM agree on a resolution or reach a decision under section 85 that you must make payment of a Disputed Amount, you must within 5 Business Days of the date of the determination pay the Disputed Amount.
    2. If stipulated under Gridhost Services (PTY) LTD.’s response under section 85 or where SM agree on a resolution or reach a decision under section 85 that Gridhost Services (PTY) LTD. must withdraw the disputed charge or refund a disputed charge previously paid, Gridhost Services (PTY) LTD. must as soon as practicable:
      1. If stipulated under Gridhost Services (PTY) LTD.’s response under section 84 or where SM agree on a resolution or reach a decision under section 85 that Gridhost Services (PTY) LTD. must withdraw the disputed charge or refund a disputed charge previously paid, Gridhost Services (PTY) LTD. must as soon as practicable:
      2. Credit any Disputed Amount already paid by you.
    3. Where a resolution or determination is made in accordance with clauses 74.1 or 74.2 then, subject to either party meeting the payment obligations specified in such resolution or determination, the Billing Dispute will be deemed to be resolved and Gridhost Services (PTY) LTD. will have no further obligations in relation to the Billing Dispute.

Effect of this Procedure on continued service provision

    1. Gridhost Services (PTY) LTD. will not disconnect a service provided to you which is the subject of a Billing Dispute or take adverse collection procedures or impose late payment penalties or charges while attempting to resolve a Billing Dispute lodged in terms of this Procedure and until such time as Gridhost Services (PTY) LTD. has reached a determination and communicated this to you.
    2. We reserve the right, however, to take such measures immediately:
      1. Where a determination of the Billing Dispute has been made and communicated to you; or
      2. Where you have indicated that you are unable to pay your invoice or bill or have filed or are the subject of any application to court for sequestration or liquidation or otherwise seek to reach a formal arrangement with your creditors.
      3. Subject only to the above, the rights and obligations of each party under the Billing Dispute Procedure continue pending resolution of a Billing Dispute invoked under this Billing Dispute Procedure. For the avoidance of doubt this includes that Gridhost Services (PTY) LTD. shall continue to have the right to terminate or suspend the service in accordance with Gridhost Services (PTY) LTD.’s rights under the Agreement that you have with Gridhost Services (PTY) LTD.
    3. Subject only to the above, the rights and obligations of each party under the Billing Dispute Procedure continue pending resolution of a Billing Dispute invoked under this Billing Dispute Procedure. For the avoidance of doubt this includes that Gridhost Services (PTY) LTD. shall continue to have the right to terminate or suspend the service in accordance with Gridhost Services (PTY) LTD.’s rights under the Agreement that you have with Gridhost Services (PTY) LTD.

Confidentiality

    1. Neither party shall use any information obtained from the other party during the course of any process invoked under this Procedure for any purpose other than the resolution of the particular Billing Dispute.

Overage Disputes

    1. Should you wish to dispute an overage charge, you may do so by following the Billing Dispute Procedure and requesting an overage investigation.
    2. Should, however, the overages be accurate (within a 5% margin) a once-off charge of R150.00 per domain/server will be applied to your account.

Request for Reconciliation or Historical Information/Reporting

    1. Should you want a reconciliation done on your account, you may request one by following the Billing Dispute Procedure.
    2. However, should the reconciliation prove the account to be accurate (within a 5% margin), a once-off charge of R150.00 per reconciliation will be applied to your account. Should you request historical information that is made available to you on a monthly basis via the Customer Zone, your Hosting control panel or any of the management interfaces provided to you, a once off administration charge of R150.00 per request will be applied to your account.

Referral of Billing Disputes to ICASA

    1. If you are unhappy with the outcome of the complaint, you have the right to escalate it to ICASA. If ICASA cannot resolve the matter, it may be referred to the ICASA Complaints and Compliance Committee for adjudication.
    2. ICASA can be contacted in the following ways:
      1. telephone (011) 566 3000,
      2. fax (011) 444 1919 or
      3. email: consumer@icasa.org.za.

Use of Account Holder information for promotional purposes

  1. Gridhost Services (PTY) LTD. may include your name and contact information in directories of Gridhost Services (PTY) LTD.’s service subscribers for the purpose of promoting the use of the services by potential customers. However, Gridhost Services (PTY) LTD. is not authorised to print your name, trademarks or other identifying personal information in any other advertising or promotional materials without your prior written consent.
Use of Website

Terms and Conditions for Use of Website

    1. Use of this website, strictly at the sole risk of the user, constitutes acceptance of these Terms and Conditions which, thereafter, constitute a binding agreement (“the/ this Agreement”) between Gridhost Services (PTY) LTD. and the user.
    2. Gridhost Services (PTY) LTD. may, at its discretion, amend these Terms and Conditions from time to time, at which time these will be brought to the attention of users and immediately become binding on such users where they continue to use the website after such alterations have been brought to their attention.

Amendments to Content and Information

    1. The website owner expressly reserves the right, in its sole discretion, to amend or alter the content and information, including pricing and rates, set out in this website.
    2. Users acknowledge that it is their responsibility to familiarise themselves with any amendment or alteration made.

Owner Information & Required Disclosures under Section 43 of the ECT Act

Website owner: Gridhost Services (PTY) LTD.
Registered Number: 2017 / 035340 / 07
VAT Number: 4810280653
Director: T Vollrath
Phone: 086 000 9584
Fax: 021 413 1111
E-mail: support@gridhost.co.za
Web site: www.gridhost.co.za

Registered Address:
2nd Floor Block E
Boulevard Office Park
Searle Street
Woodstock
Cape Town
7925

No Offer

    1. Users should regard nothing contained in this website as an offer, but rather as an invitation to do business.

Disclaimers

  1. THIS ENTIRE WEBSITE, INCLUDING TEXT, IMAGES, LINKS, DOWNLOADS AND CODING, IS PROVIDED “AS IS” AND “AS AVAILABLE”. Gridhost Services (PTY) LTD. MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES AS TO THE CORRECTNESS OR SUITABILITY OF EITHER THE WEBSITE OR THE INFORMATION CONTAINED IN IT.
  2. Subject to Chapter 7 of the ECT Act, Gridhost Services (PTY) LTD., its officers, employees, suppliers, resellers, partners, affiliates and agents, shall not be liable for any damage, loss or liability, howsoever arising, incurred by users or any other persons and resulting from the use or inability to use this website.
  3. Subject to Chapter 7 of the ECT Act and to the fullest extent possible under the applicable law, Gridhost Services (PTY) LTD. disclaims all responsibility or liability for any damages, including but not limited to, direct, economic, loss of profits or consequential loss, resulting from the use of this site in any manner by any user.
  4. Gridhost Services (PTY) LTD. has no control over third party content and features which may be accessed through the use of this website and does not examine or alter such content and features or act as an agent for third parties accessible through this website. As such and to the fullest possible extent permissible under law, the website owner disclaims any liability whatsoever for any loss or damage arising from the use of third party websites, contents and features.
Website Design

Website Design Terms and Conditions

With the exception of any third-party materials and background technology, the Customer is deemed the owner of the Custom Website and Customer Content designed by Gridhost Services (PTY) LTD. “Customer Content” refers to all content or information (including, but not limited to, any text, music, sound, photographs, video, graphics, data, or software), in any medium, provided by the Customer to Gridhost Services (PTY) LTD., “Third-Party Materials” refers to any content, software, or other computer programming material that is owned by an entity other than Gridhost Services (PTY) LTD., and licensed by Gridhost Services (PTY) LTD. or generally available to the public, including the Customer, under published licensing terms, and that Gridhost Services (PTY) LTD. will use

n the development of or to display or run a Custom Website. This excludes, without limitation any content, graphic, video, music, sound manipulation to images or video supplied by the Customer to gridhost (Pty) Ltd.

The graphics utilised from the graphics library of Gridhost Services (PTY) LTD. (if requested) are licensed from third-party suppliers OR obtained on a free-to-use basis. Gridhost Services (PTY) LTD. will provide the Customer a limited, personal, nonexclusive, nontransferable license to use the graphics during the term of this Agreement. Upon written request, Gridhost Services (PTY) LTD. will deliver the Customer’s source files and database script, if applicable, at a predetermined price, indicated upon request from the Customer, for the source code. The Customer will be required to remit full payment of the fees prior to Gridhost Services (PTY) LTD. providing the information via a method agreed upon between Gridhost Services (PTY) LTD. and the Customer. Further, Gridhost Services (PTY) LTD. will bill pro-rata from the time of signup.

gridhost (Pty) Ltd. reserves the right to refuse any material that it considers offensive.

Definitions:

Review

Is considered to be entered upon first presentation of the website design to the customer. The Review stage lasts 5 days at which point after the status of the website will then switch to Deployment. The automatic update of the review status will take place if Gridhost Services (PTY) LTD. does not hear back from the customer regarding any amendments or changes that the customer wishes to effect. Should we receive communication during this timeframe, Gridhost Services (PTY) LTD. will execute the changes and then present the customer with the modifications at which point the status of the Website will then move into a Deployment status. The customer will be able to make as many changes as they see fit during this 5-day period.

Deployment

Is considered to be a final status and commences after the Review stage. The customer accepts that with no communication from them to Gridhost Services (PTY) LTD. during a review process (5 days after the first presentation), Gridhost Services (PTY) LTD. will accept the customer’s silence as assent to deploy their website.