The AUP is a description of the types of activities that are not allowed on Clickworks Internet’s network and as such forms part of Our Hosting Terms.
Clickworks Internet reserves the right to require changes or disable, as necessary, any website, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. To meet the changing needs of our customers, our business, the Internet environment and the legal landscape, this AUP may be revised at any time and we encourage our customers to review this AUP regularly.
If you feel you have discovered a violation of any area of our AUP please report it to:
1. SPAM and Unsolicited Email
Sending unsolicited commercial communication (including, but not limited to email, instant messaging, SMS, chat rooms, discussion boards and newsgroups) is not permitted via Clickworks Internet’s network.
Regardless of how the recipient’s email address was acquired, if email communication was not explicitly requested or consented to by the recipient or if the recipient would not expect to receive it as a result of an existing relationship, the communication is considered unsolicited (this applies to communication sent to both personal email addresses and company email addresses e.g. email@example.com). Email communication that does not clearly originate from a consensual sender or which appears to come from a 3rd party or affiliate is considered unsolicited.
Examples of unsolicited communication:
1.1 Mailing list operators should maintain meaningful records of recipient requests and their consent to receive said email communications. There should also be an option for the recipient to unsubscribe from receiving further email communications.
1.2 When Clickworks Internet receives a spam complaint, in order to establish if the communication was unsolicited, we may ask you to verify whether the recipient agreed to receive communications from you and if so, when and where you recorded their email address.
1.3 Clickworks Internet reserves the right to suspend or terminate the account of any user who sends out unsolicited email otherwise known as Spam with or without notice in accordance with its General Terms and Conditions.
As a Clickworks Internet customer, should you infringe this policy, you will be held liable for any costs incurred by Clickworks Internet, both monetary and in reputation. Clickworks Internet reserves the right to charge the customer of the account used to send any unsolicited email a clean-up fee or any charges incurred for blacklist removal. This cost of the clean-up fee is entirely at the discretion of Clickworks Internet.
The use of any other service for the purposes of sending SPAM with any reference to Clickworks Internet services (including but not limited to mailboxes, autoresponders, and Web pages), will also be grounds for suspension/termination as described above. If your website was compromised and exploited for the purpose of sending unsolicited communications, Clickworks Internet will be more lenient in resolving the issue. However, repeat exploitations of the same website and/or customer account would be grounds for suspension/termination.
2. Offensive Content
2.1 Clickworks Internet does not allow any of the following content or links to such content, to be published on its Hosting Systems:
2.1.1 Content of a pornographic, sexually explicit or violent nature.
2.1.2 “Hate” sites or content that could be reasonably considered as discriminatory in any way including by way of sex, race or age discrimination.
2.1.3 Content of an illegal nature (including stolen copyrighted material).
2.1.4 Content that is defamatory or violates a person’s privacy.
2.1.5 Content that involves theft, fraud, drug-trafficking, money laundering or terrorism.
2.1.6 Pirated software sites.
2.1.7 Illegal gambling sites.
2.2 If Clickworks Internet in its sole discretion determines that any customer content violates any law, including the Film and Publications Act, 65 of 1966 or this policy, it may:
2.2.1 Request the customer to immediately remove such content; and/or
2.2.2 Require the customer to modify such content; and/or
2.2.3 Without notice, suspend or terminate access to any services; and/or
2.2.4 Without notice, delete the offending content; and/or
2.2.5 Notify the relevant authorities of the existence of such content (if required by law or otherwise), make any backup, archive or other copies of such material as may be required by such authorities, disclose such elements of the customer’s data as may be requested by the authorities and take such further steps as may be required by such authorities.
3. Misuse of account features
Last updated: July 2011.
3.1 Operating any service which makes an account feature available to third parties for any use other than normal access to that account’s Web site is forbidden. Operating any service which enables or assists anonymous or abusive behaviour by third parties is forbidden. Operating any service which affects the stability or reliability of any Clickworks Internet server or network component, impacts other users or the company negatively, or degrades quality of service is forbidden. All account features are to be used solely in order to develop and implement the Web site(s) associated with that account.
3.2 Reselling Multiple Domains on Clickworks Internet’s Web Hosting packages to a third party is not allowed. Multiple Domains are to be used solely for the Profile Owner’s own websites.
4. Shared Systems and Resource Usage
Last updated: August 2012.
Customers hosting on our shared environment may not use any shared system provided by Clickworks Internet in a way that interferes with the normal operation of the shared system, or that consumes a disproportionate share of the system’s resources. For example, excessive server hits, excessive bandwidth usage, excessive disk usage, inefficient scripts or database queries may compromise other users of the shared hosting environment. Clickworks Internet is authorised to suspend a user’s account should it be found that excessive resource usage is negatively impacting on other customers of our shared hosting environment. In most cases, the examples below do not apply to Clickworks Internet Dedicated servers.
4.1 Users may not, through a cron job, CGI script, interactive command, or any other means, initiate the following on Clickworks Internet’s shared servers:
4.1.1 Run any process that requires more than 50MB of memory space.
4.1.2 Run any program that requires more than 30 CPU seconds.
4.1.3 Run more than 10 simultaneous processes.
4.1.4 Send out mail to more than 500 recipients (email addresses) within one hour. 500 recipients represent one of the following: 500 recipients for one email, 500 individual emails or a combination of the two.
4.1.5 Send or receive, through mail, any file larger than 20MB.
4.2 Should we discover that a customer is performing bulk mail runs on our shared systems that exceeds the limit communicated in 4.1.4 above, regardless of whether it constitutes SPAM or not, Clickworks Internet will deactivate the user’s account.
4.3 Custom server-side CGI scripts are to be run only by users with the appropriate package types (in Clickworks Internet’s case the Web Hosting Basic package or higher). No user may run CGI scripts for the benefit of external sites or services. The use of system resource limits is intended to prevent runaway CGI scripts on an unattended server. Also, processes with large memory footprints or hungry CPU requirements will incur swapping and other slowdowns that cause problems for every site on the server.
4.4 Interactive Web applications, commonly known as “chat”, are not allowed on Clickworks Internet’s shared systems. These applications are better placed on dedicated servers.
4.5 MySQL databases are provided to users of the Web Hosting Basic package and higher:
4.5.1 Each qualifying individual package is limited to the allocated quota as published in the product matrix.
4.5.2 Each individual database is allotted a maximum of 500 MB disk space.
4.5.3 Databases may not be used for circumventing package disk allowances by storing web sites within the database.
4.5.4 Databases may only be used in conjunction with Clickworks Internet hosted packages. Access to databases from outside our local network is provided strictly for site and database development.
4.5.5 Only 10 concurrent MySQL connections per database user are allowed.
4.5.6 Databases may not be used to store binary files (including but not limited to image and application files). The database needs to reference the image on the user’s site rather than actually storing the image i.e. these files should be stored within the user account and referred to in the database by using a link.
4.5.7 Clickworks Internet reserves the right to require changes to databases and database usage should they have an adverse impact on a database server and/or other user databases on that server. Clickworks Internet may move the database to a new server, or in extreme cases, Clickworks Internet reserves the right to disable any database determined to be harming performance of a database server.
4.6 The use of “cron jobs” (processes that are run automatically at certain times, in accordance with a “crontab” file set up by each user), are allowed on Clickworks Internet servers, subject to the following conditions and restrictions:
4.6.1 To be used only by customers of the Web Hosting Basic package and higher.
4.6.2 The job must not execute more often than every two hours.
4.6.3 If a cron job is likely to consume excessive CPU usage, it should be given a lower CPU priority.
4.7 Resource limits are enforced by automatic monitoring systems. This is not applicable to Fully Managed Dedicated servers, providing that it does not interfere with Clickworks Internet’s ability to manage the server on the customer’s behalf.
5. Server side processes
Last updated: May 2011.
5.1 The installation or operation of any stand-alone, unattended server-side process (daemons) on Clickworks Internet servers, with the exception of cron jobs as per point 4 above, is not possible. Violation of this policy will result in immediate account termination without warning. This is not applicable to Clickworks Internet’s Dedicated servers, providing that it does not interfere with Clickworks Internet’s ability to manage the server on the customer’s behalf.
5.2 This policy exists for several reasons:
52.1 To protect the CPU and memory resources available on each server.
5.2.2 To protect and enhance system security by not allowing unapproved third-party programs to accept connections from the outside world.
6. Internet Abuse
Last updated: May 2011.
You may not use our network to engage in illegal, abusive, or irresponsible behaviour, including:
6.1 Unauthorised access to or use of data, services, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to break security or authentication measures without express authorisation of the owner of the system or network;
6.2 Monitoring data or traffic on any network or system without the authorisation of the owner of the system or network;
6.3 Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
6.4 Use of an Internet account or computer without the owner’s authorisation;
6.5 Collecting information by deceit, including, but not limited to Internet scamming (tricking other people into releasing their passwords), password robbery, phishing, security hole scanning, and port scanning;
6.6 Use of Clickworks Internet’s service to distribute software that covertly gathers information about a user or covertly transmits information about the user;
6.7 Any activity or conduct that is likely to result in retaliation against our network;
6.8 Any activity or conduct that is likely to be in breach of any applicable laws, codes or regulations including the Electronic Communications and Transactions Act 25 of 2002 (see ECT Act) which renders you liable to a fine or imprisonment;
6.9 Introducing intentionally or knowingly into Clickworks Internet’s service any virus or other contaminating program or fail to use an up to date virus-scanning program on all material downloaded from the Web;
6.10 Forging email or other messages is forbidden. Trafficking in pirated software is forbidden. Port scanning or the use of similar tools is forbidden.
6.11 Use of Clickworks Internet services to publish or otherwise disseminate information about the availability of pirated software or other material that is being made available illegally, including the publication of a list of links to such material, regardless of disclaimers, is specifically forbidden. We do not condone any illegal material or behaviour.
Compliance with the acceptable use policies of any network or system with which you connect through our service is required. If inappropriate activity is detected, all accounts of the user in question will be deactivated until the investigation is complete. Prior notification to the user is not assured. In extreme cases, law enforcement will be contacted regarding the activity.
Last updated: May 2011.
Clickworks Internet customers must take reasonable security precautions. Negligence could result in the hacking of websites as well as compromised mailboxes due to vulnerable PCs, website software or the use of weak passwords, which could affect other Clickworks Internet customers through blacklisting, phishing or spamming.
7.1 It is the customer’s responsibility to ensure that scripts/programs installed under their account are secure (using the latest version) and permissions of directories are set properly, regardless of installation method. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that customers use a secure password. If a password is found to be weak, Clickworks Internet will notify the user and allow time for the user to change/update the password. Failure to make a password change that inadvertently leads to the website being compromised could result in the user’s account being suspended / terminated.
7.2 Passwords should consist of at least 8 mixed alpha and numeric characters with case variations. Customers should not use a common word as a password and should change their passwords regularly. In the event of abuse Clickworks Internet reserves the right to reset a password.
8. Disk usage
Last updated: May 2011.
8.1 Accounts with many files can have an adverse effect on server performance. Clickworks Internet has the following limit: 100 000 files (i.e. an email, webpage, image file, folder etc.), or 25 000 files per folder. Accounts exceeding the above limit will have those files and/or folders excluded from our backup system.
8.2 Using our servers as a personal storage facility is not permitted. Any content stored must be directly related to the website(s) in question.
8.3 Mailboxes that build up large volumes of email without being accessed are not allowed (e.g. catchall mailboxes or bounce message mailboxes). The primary cause of excessive disk usage can be due to customers having their catchall address enabled, yet never checking their primary account mailbox. Over time, tens of thousands of messages build up, pushing the account past our file limit.
8.4 Email older than five years may not be stored on the server.
8.5 Individual emails that are 5MB or larger may not be stored on the server for more than 1 month.
8.6 Clickworks Internet has a disk usage quota in place for its Web Hosting packages. Where applicable, customers are sent monthly emails from Clickworks Internet notifying them of domains that have exceeded the allocated quota, providing an opportunity to reduce disk space or upgrade to a higher package in order to avoid unnecessary charges for over-usage. Customers can regularly monitor their disk usage via myaccount by clicking on ‘Disk Usage’ under Statistics & Reports, which will give customers a reading of the total size of the package together with a summary of individual folder sizes.
8.7 In order for Clickworks Internet to operate with greater efficiencies and for our customers to have the flexibility and control of actively managing their disk space, an automated system tracks, notifies and charges for over-usage.
9. Web Hosting Traffic Usage
Last updated: March 2014.
9.1 Our Web Hosting packages do not have a set quota on the data transfer (traffic) provided as we’d like our customers to have the resources needed to offer a viable, growing online presence. However, it is expected that all customers comply with this Acceptable Use Policy, designed to preserve Clickworks Internet’s server and network performance for the benefit of all our customers. Our Web Hosting packages are not suited to support the sustained demand of large enterprises; in such cases a dedicated server would be more appropriate.
9.2 Using a Web Hosting package primarily for online file storage or archiving electronic files is not permitted.
9.3 Streaming excessive video or hosting music on a Web Hosting package is prohibited.
10. Combining traffic quotas across multiple servers is not supported
Last updated: September 2014.
First, the general principle regarding quotas:
The generous quotas provided by hosting providers are based on an aggregated usage model. What this means is that each hosting product, at full quota use, runs at a loss.
In reality, 99% of customers use a fraction of their quotas while less than 1% are high or excessive users. As a result, the aggregate usage across the cumulative customer base remains within profitable margins. This makes it entirely feasible to offer quota levels that provides both peace of mind as well as the flexibility for occasional or permanent high usage without raising the cost.
Regarding combined dedicated server traffic quotas:
In the case of dedicated servers (Managed Dedicated & TruServ) that are combined to deliver a single service, the principle of an aggregated usage model can not be applied. When lumped together to service an ever growing need, it is as though a “super-computer” is being created and the traffic quotas that are allocated to its parts are not subject to an aggregated usage model. In other words, it’s a new product with different product characteristics.
Traffic routed between Colocation Racks and TruServ Servers:
Traffic generated from a Colocation network that is destined for the internet should not be routed via a TruServ server or network.
An example would be the hosting of a video processing system which requires a large number of servers to perform the required processing, including database, backup and redundancy servers. Combining the quotas of all the servers used for this purpose into a single large quota is simply not feasible due to the loss that this would incur for Clickworks Internet.
Other examples are:
99% of customers with clustered servers remain well within the acceptable aggregated data usage pattern. A further 1% may be contacted to discuss a viable quota model. So why do we explain this policy so elaborately? Because we want you to understand the basis on which you are using the service and to give us the recourse to collaborate with you on options should we feel the need to do so.
Very simply, if you are not being contacted, it’s not a concern for us. If you are concerned or would like greater predictability, please contact firstname.lastname@example.org
2. Compliance with Applicable Law
3. No Liability for Unauthorised Disclosure
While Clickworks Internet will do all things reasonably necessary to protect the Customer’s rights of privacy whilst on the Clickworks Internet website, Clickworks Internet cannot accept any liability whatsoever for unauthorised or unlawful disclosure of the Customer’s personal and confidential information made by third parties who are not subject to Clickworks Internet’s control.
4. Personal Information
5. Consent to Collection
6. Types of Personal Information Collected
Clickworks Internet collects personal information when a Customer submits an application form to make use of Clickworks Internet’s Services, to become a Reseller of Clickworks Internet or to respond to a Clickworks Internet survey. If you choose to pay for the Services you order from Clickworks Internet by way of debit order, Clickworks Internet will request your banking details to include in the periodic debit order transactions. Clickworks Internet also collects personal information for purposes of improving its Service offering and for purposes of increasing service efficiency.
We use cookie technology which comprises tiny pieces of data or a small text file that is stored on your computer’s hard drive and which contains information about you, so that the next time you visit the Clickworks Internet website, the cookie reminds us of who you are, enabling us to achieve our goal of providing a valuable online experience to you. You are able to however, disable this cookie technology in your Internet browser..
8. Customer Data
The Customer Data collected by Clickworks Internet is used solely in connection with granting you access to the website, to myaccount and for purposes of monitoring the Reseller/Customer’s use of the website so as to limit or prevent breaches of security. Clickworks Internet may also use information collected for research regarding the effectiveness of the Clickworks Internet website and related marketing and advertising efforts. Electronic communications will be sent by Clickworks Internet using the Customer’s personal contact information to inform him of new products, important industry news or about general services provided by Clickworks Internet. Clickworks Internet adheres strictly to permission-based email standards and as such all emails that are sent will have an option to unsubscribe. Unsubscribe requests are fulfilled within minutes and no further communication will be sent to the Customer.
9. Service Announcements
In order for Clickworks Internet to fulfil its service obligations it is necessary to send out a strictly service related announcement. For instance, Clickworks Internet will send an email to relevant Customers if Clickworks Internet anticipates a service interruption as a result of system maintenance. Generally, Customers may not opt-out of these communications. These communications are not promotional in nature.
10. Disclosure of Personal Information
Subject to your right to withdraw your consent in certain instances, you agree that we may obtain your personal information and use it, for certain specified purposes, including for, Clickworks Internet marketing and contract administration as well as to enable us to collect your debit order payment. We will also provide personal information to law enforcement authorities in response to subpoenas and other lawful requirements where we believe that the disclosure of such personal information is necessary to identify, contact or institute legal proceedings against third parties who jeopardise the provision and rendering of the Services by Clickworks Internet.
Information collected from Customers may be disclosed to independent contractors and business partners, including Clickworks Internet’s payment processors and mail marketing service provider, provided that they (i) have agreed to hold this information in confidence, (ii) do not use it for any purpose other than carrying out the service they are providing for Clickworks Internet, and (iii) observe Clickworks Internet’s information handling procedures.
11. Retension of Personal Information
All personal information will only be retained for as long as it is necessary to fulfil the purposes mentioned in clause 10 above.
12. Accurate and Up To Date
Clickworks Internet will use its best endeavours to keep the personal information it collects as accurate, complete and up to date as is necessary for the purposes mentioned in clause10 above, and Clickworks Internet shall, from time to time, request the Customer to update its personal information on the website or via myaccount. You are able to review or update any personally identifiable information that we hold on you by accessing your account via myaccount or by e-mailing us or phoning us. Please note that in order to better protect you and safeguard your personal information, we do take steps to verify your identity before granting you access to your account or making any corrections to your personal information.
Clickworks Internet uses encryption, firewalls and other security technology and procedures to help protect the confidentiality of your personal information and prevent unauthorised access or improper use thereof. All personal information is securely stored in Clickworks Internet’s Customer Database.
SUMMARY OF TERMS
Please note that the summaries below are summaries for your convenience and are not the actual terms
These are the General Terms that govern our relationship with you. They include
2. Summary of our General Terms
2.1. Commencement: The Agreement will start when Clickworks Internet provides you with a username and password.
2.2. Acceptance of electronic invoicing: By placing an order through our website, you agree to accept electronic invoices from Clickworks Internet for the purpose of claiming input tax.
2.3. Changing of service: We may change the features or functionality of any Service over time.
2.4. Acceptable Use Policy: You must read and comply with the Acceptable Use Policy that relates to your use of our Services.
2.5. Restriction of access to services: If you breach the Agreement, Clickworks Internet may restrict your access to the Services.
2.6. Intellectual property rights: You accept that you will get no rights to our intellectual property on our systems.
2.7. Your Content: You will retain all your intellectual property rights to any of your content you host with us.
2.8. Your personal information: Clickworks Internet may keep your personal information and use it, for specified purposes. For example:
unless you specifically tell us that we may not do this.
2.9. Clickworks Internet’s liability to you is limited. This means that we will not be liable to you for any damages or loss that you may suffer as a result of the fulfilment of the obligations of the terms of the Agreement.
2.10. Governing law: South African law governs this Agreement
2.11. Addresses for service: We will use the address you give us as the address to serve legal notices and documents to you.
3. Summary of specific terms
3.1. Our Specific Terms go into more detail and address specific issues around our products.
3.2 These terms are an extension of our General Terms
OUR HOSTING TERMS (GENERAL TERMS)
Clickworks Internet is a leading South African web hosting service provider that provides a range of web hosting Services to its Customers. The Services are given subject to our Hosting Terms.
We have given the meanings of some words to be consistent. These words usually begin with a capital letter. Singular words include the plural (and vice versa):
|AFSA||The Arbitration Foundation of Southern Africa (or any replacement).|
|Agreement||These General Terms and any specific terms that incorporate (include) these General Terms;|
|Customer||Is any person identified on the application form for Services or in any addendum;|
|Customer Data||Any username, password or email address we give the Customer as part of the Services. This excludes Customer Domains we manage as part of the Services;|
|General Terms||The General Terms and conditions governing the contractual relationship between the parties, supplemented by the Specific Terms;|
|You or your||The Customer, including a legal entity (such as a company), who enters into an Agreement with Clickworks Internet;|
|Specific Terms||The terms and conditions which supplement the General Terms and govern the use of individual Services selected by the Customer;|
3. Clickworks Internet’s hosting terms
3.1. These General Terms govern the contractual relationship between us, duly supplemented by the Specific Terms.
4. Amendment to Our Hosting Terms
4.1. Clickworks Internet reserves the right to make changes to Our Hosting Terms at any time without notice. An updated version of our Hosting Terms will be posted on the Website.
4.2. It is your responsibility as a diligent user to check any amended Hosting Terms posted on the Website.
4.3. If you object to any amended Hosting Terms, you are entitled to terminate your relationship with us under clause 14.
5. Customer Status
5.1. The Customer may be an incorporated entity (such as a company or close corporation), trust, partnership, or individual.
5.2. If a person enters into the Agreement:
the person warrants that:
o they are legally authorised to do so and indemnifies Clickworks Internet against any loss or damage that we may sustain resulting from the person’s lack of authority; and
o all the information supplied to Clickworks Internet at any time relating to the entity, trust, partnership, association or other person who they represent is true, accurate, and complete.
5.3. We reserve the right to treat all misrepresentations by you or the person representing you as fraud and the person indemnifies us against any loss or damage that we may sustain resulting from the person’s lack of authority.
5.4. If we discover that you have fraudulently contracted to receive Services or that your representative has contracted without contractual capacity to do so, we may end the Hosting Terms or Services immediately without any further notice to you and you may not claim any restitution or refund of any amount you have already paid, regardless of whether you have used the Services or not.
5.5. When requested, you must give us sufficient proof of the authority of the person who takes any action or executes documents on your behalf for this Agreement. This includes providing proof that the authorised signatory of your bank account has permission to debit your account.
5.6. If there is a dispute between individuals or entities you are involved with (including partners, shareholders, trustees, employees), we may act on the representation of a person claiming to be duly authorised to represent you, without having to independently verify the authority.
5.7. You indemnify us from any action or inaction based on the representation in 5.6. If however we ask you to give Clickworks Internet independent verification of the authority of any individual, you must provide it to us in a format we find reasonably acceptable.
6. Commencement and Duration
6.1. Your application is an offer by you to accept Services from Clickworks Internet. The terms relating to the acceptance of the offer are as follows:
6.2. We will conclude the agreement in Durbanville, Western Cape.
7. Service fees
7.1. You must pay all service fees, as soon as they become due.
7.2. You must pay the service fees, according to the frequency of payment you select, as described on the website.
7.3. Where applicable, we will give you a VAT invoice in electronic format. You agree that by submitting an application form to us when making application for Services, that the application is seen as your confirmation to accept electronic invoices for claiming input tax.
7.4. You must pay the service fees by debit order. You authorise us to make the necessary transfers from your designated bank account at the beginning of the month as per your preferred frequency of payment for the duration of Our Hosting Terms. You must put the debit order in place within seven days of the Commencement Date. A rejected debit order will accrue a handling fee, per rejection.
7.5. We reserve the right to amend or vary the service fees and any amendment or variation of the service fees will be seen as an amendment of Our Hosting Terms. If we amend the service fees, Clickworks Internet will give you at least 30 days prior notice. If you object to any amended service fees, you may terminate your relationship with us under clause 14.
7.6. You will not withhold any payment of any amount you owe us for any reason, (except for an actual breach by Clickworks Internet of Our Hosting Terms). In addition, you may not demand any discount, refund (other than under clause 7.9), or reduction in respect of any service fees you owe us.
7.7. The service fee includes value added tax. You agree to pay any increase in Value Added Tax.
7.8. You may terminate the Service within:
If you terminate the Service for one of the above reasons, Clickworks Internet will refund you any service fees. However you are still liable for any third party costs incurred during this period e.g. domain registration costs
8.1. We monitor our hosting facilities, but not your specific activities. Where we have to intercept communications in accordance with the Regulation of Interception and Provision of Communication-Related Act, 70 of 2003 (“the Monitoring Act”), we will do this according to the requirements of the Monitoring Act.
8.2. With specific regard to the monitoring of content that is found on a website that belongs to you and which is hosted by Clickworks Internet, we have no knowledge of, nor interest in, Customer content hosted by us or published by us on your behalf using the Services and further we do not in any way contribute to or approve the content.
8.3. If however we determine that any content is in violation of any law (including the Films and Publications Act 65 of 1896) or of the Acceptable Use Policy, or if we receive a takedown notice from ISPA, as contemplated in section 77 of the Electronic Communications and Transactions Act 25 of 2002, we may:
8.4. We may disclose any content, material, or data (including any of your data) if:
8.5. You will have no recourse against us if we act under this clause and you accordingly waive your right to make any claim or demand, or to institute any legal proceedings against us.
9.1. All Customer Data allocated to you is personal to you and you will be liable for any loss or damage you or third parties have suffered because of your actions or the actions of a person to whom you have disclosed your Customer Data.
9.2. You authorise us to act on any instruction given by or purporting to originate from you even if it becomes clear that both parties have been defrauded by someone else, unless you have notified us under clause 9.4 before we acted on a fraudulent instruction.
9.3. If any security violations are reasonably believed to have occurred in connection with your account, we will investigate and, if necessary, change the relevant Customer Data, including access codes and passwords, and notify you immediately.
9.4. You must tell us immediately if any other person gains access to your Customer Data by following the procedures relating to reporting misuse and give us your full co-operation in any investigation we carry out.
9.5. You indemnify us (hold us harmless) against any claim arising from:
9.6. We reserve the right to take any action we find necessary to preserve the security and reliable operation of our infrastructure. You may not do anything (or permit anything to be done) that will compromise our security.
9.7. We have systems in place to assist our critical technical infrastructure to recover from a natural or human induced disaster. However, we do not specify any recovery time and are not liable for any loss or damage you suffer as a result of a disaster. You must make back-ups of your data. Nothing contained in Our Hosting Terms will be seen as a representation that any back-ups of data we have implemented will be successful or in any way will assist with disaster recovery.
10.1. We warrant that Clickworks Internet has the facilities, infrastructure, capacity, and capability to provide the Services.
10.2. Despite this warranty, the Services are provided “as is” and “as available”. No warranty of any kind is given, whether express or implied, including warranties of merchantability, title, or non-infringement, except where such a warranty is specifically required by law.
11. Intellectual Property Rights
11.1. You must comply with all laws that apply to any intellectual property.
11.2. You must get our prior written approval before using any of our marks.
11.3. You grant us non-exclusive licence to use your marks so that we may exercise our rights or fulfil our obligations under Our Hosting Terms.
11.4. Other than as specifically provided for in Our Hosting Terms, we retain all Intellectual Property Rights employed in or otherwise related to our network infrastructure, business and the provision of any of the Services under Our Hosting Terms.
12. Customer Indemnities
12.1. You indemnify (hold us harmless) from any liability arising from civil or criminal proceedings instituted against us or for any loss or damage you or a third party have suffered because of any interruption or unavailability of the Services.
12.2. You indemnify us and hold us harmless against all losses you have suffered or actions against us as a result of: the use of the Services, or any downtime, outage, degradation of the network, interruption in or unavailability of the Services. Included within the range of downtime, outage, degradation of the network, interruption, or unavailability of the Services is any of the following:
12.3. If we are sued for something that you have indemnified us for, you will take our place in the law suit or be liable to pay us back for any costs, damages and expenses including attorneys’ fees on the attorney and own client scale (you will be liable to pay our attorney’s fees finally awarded against us by a court or agreed to in a written settlement agreement, provided that:
12.4. You must pay us any amount due under clause 12.3 as soon as we demand payment. If you contest the amount, you must pay the amount into your attorney’s trust or give us security to cover the amount, until we have resolved the dispute.
12.5. You indemnify us against any loss or damage that Clickworks Internet may suffer because of your actions.
13. Suspension of the Services
Clickworks Internet may temporarily suspend its Service to repair, maintain, upgrade, modify, replace or improve any of its Services. Where circumstances permit, Clickworks Internet will provide prior notice of any service suspension to Customers. However, Clickworks Internet will not be held liable for any resulting loss or damage suffered as a result of the service suspension.
14.1. Clickworks Internet may terminate any Services on five days written notice to you.
14.2. You may terminate any Services on 30 days written notice to Clickworks Internet in one of three ways:
14.3. If you give Clickworks Internet notice of termination in any manner other than as specified above you may find that the notice was invalidly given and will not have any effect.
14.4. Breach: If you breach any of Our Hosting Terms, we may, without prejudice to any other rights that Clickworks Internet may have and without notice to you:
In all instances, we may retain all Services Fees you have already paid and recover all of our costs associated, including legal costs on an attorney and own client scale (you will be liable to pay our attorneys fees) with your breach.
14.5. Retention of hardware or software: Where we are in possession of any hardware or software that belongs to you as a result of the provision of Services, and you are in default of your payment obligations to us, we may retain the hardware or software (“Property”) until you have settled all amounts owed to us. Where you fail to make payment of all amounts owed to us within 60 days of Clickworks Internet giving you notice, we may dispose of the Property to cover any expenses as well as any amounts you owe us.
14.6. Return of hardware or software: Where you have in your possession any of Clickworks Internet’s hardware or software as a result of using the Service and the related Service ends, you must immediately return the hardware or software to us.
15. Force Majeure
15.1. We will not be responsible for any breach of the Agreement caused by circumstances beyond our control, including fire, earthquake, flood, civil strike, compliance with government orders, failure of any supplier of electricity as well as no electronic communication service etc.
16. Resolving disputes
16.1. Notifying each other. A dispute concerning this Agreement exists once a Party notifies the other in writing, detailing the nature of the dispute, requesting that it be resolved as per this clause. The parties must refer any dispute to be resolved by:
16.2. Negotiation. Each party must make sure that their chosen representatives meet within 10 business days, to negotiate and try to end the dispute by written agreement within a further 15 business days.
16.3. Mediation. If negotiation fails, the parties must refer the dispute to mediation under AFSA’s rules.
16.4. Arbitration. If mediation fails, the parties must refer the dispute within 15 business days to arbitration (including any appeal against the arbitrator’s decision) under AFSA’s latest rules for expedited arbitrations. The arbitration will be held in English in Cape Town. The parties will agree and appoint one arbitrator. If the parties cannot agree on the arbitrator within 10 business days after the referral, the Secretariat of AFSA will appoint the arbitrator.
17. Exclusion and Limitation of Liability
17.1. Clickworks Internet will not be responsible for any indirect, incidental, special, or consequential damages or losses arising from the Agreement. This includes loss of profits, revenue, anticipated savings, business transactions, goodwill or other contracts. It is irrelevant if this is due to negligence (carelessness) or breach of contract.
17.2. Our total liability to you is for direct damages up to a maximum amount of:
17.3. Our liability for direct damages under clause 17.2 will be excluded where we are held liable because of your use of any third party services or products which you accessed together with the Services, but which we did not provide to you.
17.4. This clause will apply even if you advised Clickworks Internet of the possibility of loss of damage prior to its occurrence.
18.1. Entire agreement: The Agreement constitutes the entire agreement between the Parties.
18.2. No Variation: No changes to the Agreement made by Customer are effective unless in writing and signed by the authorised signatories of both parties.
18.3. Waiver (giving up rights): Any favour we may allow you will not affect [or substitute] any of our rights against you.
18.4. Severability: If any term is void (invalid), unenforceable, or illegal, the term may be severed (removed) from and will not affect the rest of the Agreement if it does not change its purpose.
18.5. Applicable Law: South African law governs this Agreement.
18.6. Survival: Despite termination of the Agreement, any clause, which, from the context, contemplates on-going rights and obligations of the Parties, will survive the termination and continue to be of full force and effect.
The Specific Terms will apply if there is any conflict of meaning with these General Terms.
Clickworks Internet (Pty) Limited (Registration No. 2010/023989/07) (“Clickworks Internet”) is a leading South African web hosting service provider that gives a range of web hosting Services to its Customers. We provide the Services to Customers subject to Our Hosting Terms.
1. Interpretation and Definitions
1.1. Unless the context clearly indicates to the contrary, any term defined in the General Terms will, when used in these Specific Terms, bear the same meaning as defined in the General Terms.
1.2. Unless the context clearly indicates to the contrary, the following words will have these meanings:
|Administrator and Registry||ZAdomains SA, the administrator of the .co.za Domain Name space;|
|Administrator Policies||the Administrator policies published by the Administrator from time to time located at www.registry.net.za;|
|Domain Names||is an easy to remember name that points directly to your website. Clickworks Internet hosts domain names as part of its Domain Service to customers;|
|Domain Services||the Services we provide to you in respect of the Domain Names as set out in these Special Terms;|
|Email the Services||we provide to you in the form of|
|Harmful Code||any computer code that:|
|Illegal Content||content in violation of any law;|
|Location||Our Data Centres situated in Cape Town and Johannesburg any other address we indicate to you;|
|Misrepresentation||by a Customer includes:|
|Registrar||means an entity such as Clickworks Internet who has been accredited by the Administrator to perform Domain Name related transactions in the .co.za Domain name space;|
|Registrant||means the entity applying to register a Domain Name;|
|Server||the computer hardware, machinery, and equipment on which the software operates;|
|Server Hosting||the Services that we provide to you;|
|Software||the operating system and applications we provide to you;|
|System Abuse||any conduct that does or may:|
2. Undertakings and acknowledgements
2.1. We agree to use all reasonable steps to provide the Services to you on a continual basis, for the duration of the Agreement.
2.2. Although we take appropriate and reasonable measures to ensure that the Services are:
the Services are rendered “as is” and “as available” and are used at your own discretion and risk.
2.3 We will establish and maintain reasonable security measures to secure the integrity and confidentiality of any personal information that we host or store for you as referred to in section 19 of the Protection of Personal Information Act 2013 (POPI).
3. Hosting terms
3.1. We provide Servers, space on shared Servers and hosting of Customer Servers, together with web services and email facilities for web sites controlled by individuals or companies that do not have their own web servers.
3.2. We will only be required to give you the Server type and configuration that is advertised at the time you decide to obtain the Service from us. If you are an existing Customer and you wish to upgrade to a new Server, we may charge you an additional setup fee.
3.3. We will use all reasonable steps to verify the identity of your representative that wishes to access your Server at the Location. However, we will not be liable for any loss or damage you suffer because of a non-authorised person gaining access to your Server at the Location. You must notify us in writing of your representatives who are entitled to access your Server at the Location.
3.4. If we find that you have breached any of these Specific Terms, we may exercise any rights we may have available to us in law, including (without notice) the right to terminate access to any Services, or suspend or terminate any Services.
3.5. We have no knowledge of, nor interest in Customer content hosted on your behalf by Clickworks Internet on a Server or a shared hosting package. We also do not in any way contribute to or approve the content.
3.6. Nothing that we do in the performance of our obligations under the Service will be seen as an assumption of responsibility or liability by us as a result of any content. In particular, the limitation of liability in the General Terms will apply specifically to any loss, destruction, or corruption of your data, irrespective of the cause, including our negligence and any system error or failure, whether foreseen or unforeseen. Managed Shared Hosting (Web Hosting)
3.7. We will make a package available on a Server, where the Server is shared with other Customers. The Server will (at all times) remain our property. We will setup the Server according to our standard managed hosting Server configuration, at the Location on your behalf. We will not be responsible for the use of software you install (and for any vulnerabilities including traffic generated as per clause 3.10 below, that may result from the use of the software). You use the software at your own risk.
3.8. Where appropriate, we will maintain the software on our managed Servers.
3.9. You are solely responsible for all bandwidth and traffic related to your hosting package. This includes regularly monitoring usage through myaccount. You will be liable for any over-usage charges. Any traffic management and reporting tools we give you are given solely to assist you in this process. This does not free you from responsibility, or place any responsibility on us. If you decide to use of any traffic management and reporting tools:
all information will not be real time information and there will always be a one day delay in the furnishing of information; and
3.10. We are not responsible for any licensing of any software you use.
Managed Dedicated Hosting
3.11. We will make a Server available to you for your own exclusive use. The Server will at all times remain Clickworks Internet’s property. We will setup and manage the Server at the Location on your behalf.
3.12. All Server log files remain Clickworks Internet’s property. If you ask us to give you a server log file, we will give you a copy of the relevant log file.
3.13. You must not remove the Server from a Location.
3.14. We will manage the Server, including the hardware, software, and upgrades at our sole discretion.
3.15. Clause 3.09 will also apply to these Services.
3.16. If the Server becomes the target or source of any form of denial of service attack and Clickworks Internet believes that there is no other possible solution at that point in time, we may disconnect the Server from the network.
3.18. Clickworks Internet will not be responsible for your use of any software that you may install (and any vulnerabilities including traffic generated as per clause 3.10 that may result from the use of the software). You therefore use the software at your own risk.
3.19. We are not responsible for any licensing of any software you use.
Managed Hosting (Shared and Dedicated), Service Availability, Service Level Guarantee and Network Uptime Guarantee
3.20. We guarantee that our network will be available 99.9% of the time in any given month, excluding scheduled maintenance. This means that you should not experience network downtime of more than 43 minutes in any month counted from the first day of every month.
3.21. Network uptime includes functioning of all network infrastructure, including routers, switches, firewall, and cabling.
3.22. Network downtime exists when a Customer is unable to transmit and receive data to and from our Managed Service and is measured according to our monitoring system.
3.23. If network uptime is less than 99.9% (in other words downtime exceeds 43 minutes in a given month), we will credit you 5% of the base monthly fee for every 30 minutes of downtime (up to 100% of your monthly fee for the affected hosting package or Server).
3.24. You will not receive any credit:
These exclusions will not apply where the problems arise from Clickworks Internet’s Server links to the Internet or our routers.
3.25. If you wish to exercise your right to a credit refund, you must request it by sending an email to us at email@example.com. The email must include the domain or Server name associated with your hosting service in the “subject” line. Each request must include your customer number as well as the dates and times of the network unavailability. We must receive the request within 48 hours of the downtime. Only once we confirm the network unavailability according to our monitoring system, will we give you the credits. We will give you the credits within two billing cycles according. Despite anything to the contrary, the total amount we credit to you in a particular month will not exceed the total hosting fee you must pay for the month in question.
Dedicated Hosting Hardware Guarantee
3.26. We will give you the following support. The repair or replacement of:
at no cost to you. If we need to install a new operating system, we must do so with the latest version of the operating system, unless you request otherwise
Support and Service Level Guarantee
Network Uptime Guarantee
3.27. We guarantee that our network will be available 99.9% of the time in a given month, excluding scheduled maintenance. This means that you should not experience network downtime of more than 43 minutes in any given month counted from the first day of every month.
3.28. If network uptime is less than 99.9%, (in other words downtime exceeds 43 minutes in a given month), we will credit you 5% of the base monthly fee for every 30 minutes of downtime (up to 100% of your monthly fee for the affected hosting package or Server).
3.29. You will not receive the credit if the Server problem is attributable to:
3.30. If you wish to exercise your right, you must request it by sending an email to us at firstname.lastname@example.org. The request must be received by Clickworks Internet within 48 hours of the incident being reported and must include your customer number, your name as listed on the Clickworks Internet invoice, the date and approximate time of the problem and the Server identification codes or the Server name. Only once we confirm the network unavailability according to our monitoring system, will we supply the credits to you within two billing cycles after we receive the request, according to our Refund Policy. Despite anything to the contrary, the total amount we credit you in a particular month will not exceed the total hosting fee you must pay for the month in question.
Custom Hosting Solutions (CHS)
3.31. We provide the CHS Service to you according to the proposal you have accepted , together with any written specification that has been agreed to between the parties and these Specific Terms & Conditions, the General Terms and Conditions and Acceptable Use Policy.
3.32. When we make Servers available to you for your own exclusive use, the Servers will at all times remain Clickworks Internet’s property. You must not remove the Server from a Location. CHS will setup and manage the Server at the Location on your behalf.
3.33. All Server log files remain our property. If you requests us to give you a Server log file, a copy of the relevant log file will be given to you.
3.34. We will manage the Servers, including the hardware, agreed Software, and upgrades at our sole discretion. CHS Customers will be informed before any adjustments or upgrades and a suitable time will be agreed upon between parties.
3.35. Where we supply and install the Software, we will do so according to the written specifications agreed to between both Parties. For that purpose, you must give us all the relevant information and co-operation needed to enable us to do the installation. If there are any extra costs involved with the Software, which were not present before we contracted with you, these will be for your account. If you need CHS assistance for the installation of the Software, you will be charged according to our standard hourly rates.
3.36. Where appropriate, we will in our sole discretion, maintain the Software on your CHS Servers.
3.37. You are responsible for all bandwidth and traffic associated with your Server. We will monitor your traffic usage and any spikes that may occur during business hours. However you remain solely responsible for all traffic associated costs. If your Server becomes the target or source of any form of denial of service attack, we reserve the right to disconnect the Server from the network if we find that no other solution is possible at that stage.
3.38. We will not be responsible for your use of any Software that you may install (and any vulnerabilities including traffic generated as per clause 3.48 that may result from the use of the Software). You use the software at your own risk.
Troubleshooting, ad-hoc (intermittent) and emergency work
3.39. Any troubleshooting you request will be charged at our standard hourly rate. If the cause turns out to be due to the gross negligence on our part, these charges will be waived. Our senior management will decide whether or not an act of gross negligence has been committed.
3.40. If you require any ad-hoc (on request) work to be done outside Business hours (as defined in clause 3.57), you must specifically schedule this with us. We will only attend to emergency work outside of Business hours.
3.41. We may invoice you for time spent troubleshooting issues that we find are outside our control that we cannot reasonably be expected to have prevented or solved quickly. Only we may decide what is reasonably within or outside our reasonable control.
CHS service fees
3.42. We have the right to increase the CHS service fees annually following the anniversary of the date we started providing our Services to you (“the Anniversary Date”). We will give you written details of any such increase at least 30 days prior to each Anniversary Date and any amendment or variation of the service fees will be seen as an amendment of Our Hosting Terms. If you object to the increase in the service fees, you can terminate your relationship with us under clause 14 of our General Terms and Conditions.
CHS Support and Service Level Guarantee (SLA)
3.43. The CHS Service is accompanied by our 99.9% network uptime guarantee. SLA claims, as defined in our standard Terms and Conditions, are only applicable to the standard, fixed monthly charges. Any ad-hoc time and third party costs (for example hardware, traffic over-usage) are exempt from any form of SLA claim.
3.44. Service disruptions will be attended to within:
(Business hours are Monday to Friday between 08:00 and 17:00, excluding public holidays.)
CHS Hardware Guarantee
3.45. We will try to respond to all CHS problems that specifically relate to Server hardware within 90 minutes of the problem occurring. If we do not resolve the Server problem within 90 minutes or the extended period as we may advise, we will give you a credit equal to one month’s worth of the base hosting fee.
3.46. You must also understand that the Server restore time from a back-up depends on the volume of data to be retrieved, which could result in several hours downtime. In such a case, we are not obliged to give you a credit.
Network Uptime Guarantee
3.47. We guarantee that our network will be available 99.9% of the time in any month, excluding scheduled maintenance. This means that you should not experience network downtime of more than 43 minutes in any month counted from the first day of every month.
3.48. If network uptime is less than 99.9% (in other words downtime exceeds 43 minutes in a given month), we will credit you 5% of the base monthly fee for every 30 minutes of downtime (up to 100% of your monthly fee for the affected hosting service or Server).
3.49. If you, as a CHS Customer have a High Availability solution as part of the CHS proposal agreement, an additional SLA will be agreed upon in the proposal, signed by you.
3.50. You will not receive any credit:
3.51. We are also not responsible for browser or DNS caching that may make your website appear inaccessible when others can still access it. These exclusions will not apply where the problems arise from our Server links to the Internet or our routers.
3.53. The colocation product provides you with only a rack, power connection and data connection.You must supply your own Server(s) and peripherals.
3.54. You remain solely responsible for all equipment that you install in your rack. We will be responsible for the Location the rack is stored in and for the network connection only.
3.55. You are solely responsible for all bandwidth and traffic related to your hosting service and are liable for all traffic charges. This includes regularly monitoring usage through myaccount. Note, only traffic provided by Clickworks Internet will be visible in myaccount. Any traffic management and reporting tools we give you are given solely to assist you in this process. This does not free you from responsibility, or place any responsibility on us. If you decide to use the myaccount traffic monitoring tool, please be aware that the information will not be real time information and there will always be a one day delay in the furnishing of information; we will not be responsible for any traffic spikes, information or denial of service attacks, or any loss or damage you suffer because of the information not being provided in real time.
3.56. If your Server(s) or network components become the target or source of any form of denial of service attack, we may disconnect you from the network if we find that no other solution is possible at that stage.
3.57. We have provided a resilient infrastructure at the Location and have taken reasonable precautions to protect your Server(s) and equipment. We are confident that you will have a positive experience while hosting in our facility. Should, despite these best efforts, something happen, we will not be liable for any loss or damage as a result of any failure on our part.
3.58. You must at all times adhere to the standard health and safety guidelines laid down for customers entering the Location. We may deny you access to the Location if we at any time have reason to believe that you are failing to comply with the procedures and guidelines.
Network Uptime Guarantee
3.59. As a Colocation customer, we guarantee that our network will be available 99.9% of the time in a given month, excluding scheduled maintenance. This means that you should not experience network downtime of more than 43 minutes in any given month counted from the first day of every month.
If network uptime is less than 99.9%, (in other words downtime exceeds 43 minutes in a given month), we will credit you 5% of the base monthly fee for every 30 minutes of downtime (up to 100% of your monthly fee for the affected hosting service).
You will not receive the credit if the problem is attributable to:
If you wish to exercise your right, you must request it by sending an email to us at email@example.com. The request must be received by Clickworks Internet within 48 hours of the incident being reported and must include your customer number, your name as listed on the Clickworks Internet invoice, the date and approximate time of the problem and the Colocation identification codes or the Server name. Only once we confirm the network unavailability according to our monitoring system, will we supply the credits to you within two billing cycles after we receive the request, according to our Refund Policy. Despite anything to the contrary, the total amount we credit you in a particular month will not exceed the total hosting fee you must pay for the month in question.
Dedicated and Colocation Hosting Fees
3.60. You will pay us a base hosting fee for Dedicated Server and Colocation hosting as indicated on the website.
3.61. The base hosting fee does not include any other fees such as:
beyond that which is available without additional charge specifically specified in our standard rates available on our website that will be additional fees you must pay.
4. Email terms
4.1. We will provide the following email related Services for Customers selecting shared or managed dedicated hosting only:
4.2. We will take appropriate and reasonable measures to make your email environment secure and reliable.
4.3. We will:
5. Domain Name Terms
5.1. The Administrator runs the registry system used to process co.za Domain Name related transactions initiated by Domain Name Registrars, such as Clickworks Internet, which include domain registrations, domain updates, domain renewals, domain deletions, domain queries and domain transfers.
5.2. We have been accredited as an independant Registrar to register Domain Names on the Adminstrator’s registry system. All Domain Names that we register on your behalf within the .co.za domain name space are subject to the Administrator Policies, which may be amended from time to time.
5.3. We act on your instructions to the extent that those instructions are possible and lawful. Domain Name Administrators have the right to cancel, transfer or suspend a Domain Name registration in certain circumstances. For example where it would put the Adminstrator in conflict with any law or upon receipt of a court order or ruling of an arbitrator.
5.4. We also use the Services of an international registrar to register generic Top Level Domains (gTLDs such as .com and .org) as well as Top Level Domains in non-South African country codes (ccTLDs such as .uk and .eu). This registration is subject to the terms of the relevant registrar www.opensrs.com. Registration, maintenance, or transfer of a Domain Name is subject to the terms of the relevant registry governing the Domain Name. We cannot guarantee the registration of any Domain Name selected by you.
5.5. The following principles apply with regard to Domain Name registrations:
5.6. If you cancel your Domain Name registration during a grace period, it will be assigned a ‘Pending Release’ status and will not become available for release until the seven day grace period expires. You will be charged a grace period administration Fee of R5 (excluding VAT). Once the grace period has expired, the Domain Name will be released and removed from the Registry database, making it available for anyone else to register. You will receive a refund of the registration fee minus the grace period fee. You will not be able to transfer the Domain Name to another Registrar during the grace period. A Domain Name that is reinstated during the grace period will result in the Domain Name continuing as before with no refunds being processed.
5.7. You must provide us with all the information that we request from you. We will not be held responsible if you give us incomplete or inaccurate information that will lead to a delay in the registration process, subsequently resulting in the Domain Name being registered by someone else.
5.8. The following fees will be incurred by you:
These service fees are non-refundable.
5.9. You warrant that:
5.10. You indemnify us against any loss or damage that we may suffer arising from your registration or use of the Domain Name.
Changes to .co.za Domain Name and Domain Name Information
5.11. It is not possible for us or the Administrator to amend the actual Domain Name itself. If there has been an error in the spelling of a Domain Name it will need to be cancelled and a new registration created. Unless you request the change within the seven day grace period mentioned in clause 5.5 and 5.6, you will be required to pay a fee to the Registar.
5.12. Either the Registrant or its agent (as described below) can change co.za Registrant information (for example the Registrant’s name, email address, telephone number and physical address) through myaccount.
5.13. If the Registrant has a Clickworks Internet profile, the Registrant can make the changes.
5.14. If the Registrant has appointed an agent with a Clickworks Internet profile to administer the Domain Name, the Domain Name will be linked to that agent’s profile and the agent will be able to make the changes.
5.15. Clickworks Internet will only act on the instructions of the Profile Owner or anyone authorised to act on the profile.
5.16. Where a change takes place, the Domain Name status will change to “pending update” and the pending update period of five consecutive days will commence. This five day period has been instituted by the Administrator and cannot be modified by Clickworks Internet. On expiry of the pending update period, the Domain Name information will automatically be updated.
5.17. The Registrant can ask Clickworks Internet to create a profile and transfer control of the Domain Name to the Registrant’s profile at any time, provided any requirements laid down by Clickworks Internet are met.
5.18. In the event of a dispute around a Domain Name between the Registrant and someone else (including his agent) regarding control of the Domain Name or Clickworks Internet profile to which the Domain Name is linked, we will prevent either party from accessing or performing domain updates through myaccount until such time as the dispute has been resolved or we receive written instructions to change the name of the Registrant from:
5.19. In certain circusmtances, the Domain Name might be “locked”. A “locked” Domain Name can only be transferred by the Adminstrator. The ability to lock a Domain Name is generally intended for situations where a court, or other recognised authority such as an accredited Domain Name dispute resolution provider, intends presiding over a dispute concerning the Domain Name and has informed the Administrator. The Domain Name will be “frozen” until a hearing or adjudication on the matter has been finalised. Only the Administrator is able to lock and unlock a Domain Name.
5.20. The Registrant indemnifies us against any loss or damage that we may suffer arising from us preventing either party from accessing or performing Domain Name updates through myaccount.
Domain Name Transfers to another Registrar
5.21. You are able to transfer your Domain Name to another Registrar at any time other than during the grace period.
5.22. If you want to do so, a specific process has to be followed. This process has been laid down by the Administrator in the Administrator Policies.
5.23. Upon applying to change the Registrar information for a Domain Name through the registry system, the gaining Registrar will commence a Registrar Change Process, which will ultimately result in the proposed changes being implemented.
The Table below illustrates the voting outcome when you request your Domain Name to be transferred to another Registrar. The Administrator (Registry) will send the Registrant and the losing Registrar an email which requires a vote to complete the transfer process. The various outcomes are demonstrated in the table below according to the voting actions. For example should both the Registrant and the losing Registrar vote Yes (Y) then the transfer will take place immediately.
|“Y” – Authorise Transfer||“#” – Do Nothing||“N” – Decline Transfer|
|2||Y||N||Transfer on expiry of pending transfer period (5 days)|
|3||Y||#||Transfer on expiry of pending transferperiod (5 days)|
|5||N||N||Reject Transfer on expiry of pending transfer period (5 days)|
|6||N||#||Reject Transfer on expiry of pending transfer period (5 days)|
|8||#||N||Reject Transfer on expiry of pending transfer period (5 days)|
|9||#||#||Reject Transfer on expiry of pending transfer period (5 days)|
Domain Name Cancellations
5.24. A Domain Name can be cancelled at any time other than during a grace period.
5.25. Initiating a Domain Name cancellation request will result in the Domain Name being suspended and ultimately deleted from the Registry.
5.26. Once initiated, a period of five consecutive days must run (the “pending suspension” period) whereafter the status of the Domain Name will automatically change to the “pending deletion” period which will run for another five consecutive days. At the end of the pending deletion period the Domain Name will automatically be deleted and revert back into the pool of available Domain Names. Domain Names that have been deleted from the Registry database cannot be reinstated.
5.27. The Pending Suspension and Pending Deletion periods are a fixed system parameter instituted by the Administrator and cannot be modified by us.
Domain Name Renewals
5.28. We will give you a renewal reminder by email within 66 days prior to the renewal date of your Domain Name.
5.29. If you do not want to renew the Domain Name, you must give notice by clicking on the link in the renewal reminder email. This will automatically instruct us not to renew the Domain Name. This notice must be given at least 33 Business Days prior to the domain name renewal date.
5.30. If you do not give the required notice (this can be done by clicking on the link sent in the renewal reminder email, terminating the domain via the myaccount control panel or by emailing us directly) we will automatically renew the Domain Name and a renewal fee will be added to your next invoice.
Payment Default of the Domain Services
5.31. If you fail to pay us any cost or charge relating to the registration, renewal, update, change, or administration of any Domain Name, we may:
Termination of the Domain Services
5.32. If the Domain Service is terminated for any reason, we may, without incurring any liability, notify the relevant Registrar or Registry of the termination and instruct the Registrar or Registry to remove us or any of our systems as the host of the Domain Name even if no replacement is available.
5.33. If any of the Registrars or Registries amend, suspend or terminate its provision of a Domain Service or any other aspect of its services upon which we depend for the provision of the Domain Service to you, we will try to ensure the continuance of the Domain Service. If we are unable to ensure the continuance under any circumstances, we will not be liable to you or any other third party for any loss or damages (as contemplated in our Hosting Terms) you or any third party may suffer arising from, or in any way relating to, the termination of the Domain Services.
Domain Name Disputes
5.34. Various alternate dispute resolution mechanisms apply for Domain Names registered globally. These include:
5.35. Disputes between you and any third party about registration or use of any Domain Name registration may be brought under any available alternate dispute resolution mechanisms, Court, or Arbitration Tribunal.
5.36. We will not participate in any way in a dispute between you and a third party. If you involve us in any dispute, you indemnify us against any loss or damage that we may suffer or expense that we may incur (including legal costs we incur on the attorney and own client scale and you will be liable to pay our attorney’s fees).
5.37. Note that the Domain Name will be ‘”frozen” until a hearing or adjudication on the matter has been finalised. Locked Domain Names, although not removed from the zone file, will not be able to be updated, cancelled, re-instated or released until they are unlocked.
6. Other Services
6.1. We offer third party services.
6.2. While we make every effort to select reliable vendors, maintain relationships and hold them accountable to ensure a reliable service on behalf of our Customers, we do not control and are not responsible for those services and you use those third party services at your own risk.
6.3. We will not be liable for any loss or damage you have suffered as a result of your use of such third party services including any interruption or unavailability of the third party services.
7. Reseller Responsibilities
7.1. Resellers are responsible for supporting their clients. We don’t provide support to our Reseller’s clients. If a Reseller’s client contacts us, we reserve the right to place the client’s services on hold until the reseller can assume their responsibility for their client. All support requests must be made by the Reseller on their clients’ behalf for security purposes. We reserve the right to terminate your Service with Clickworks Internet if you fail to provide adequate first line support to your clients.
7.2. As a Reseller, you recognise that Clickworks Internet is ultimately responsible for the provision of the Service. Under certain circumstances Clickworks Internet may be compelled to deal directly with your client. This may happen for example where:
7.4. You agree not to publish or distribute any advertising material or make any public or press statements regarding Clickworks Internet or our Services without prior written consent from Clickworks Internet.
7.5. You may not use the name “Clickworks Internet” or any abbreviation in any manner without the prior written consent from Clickworks Internet.
7.6. As a Reseller you have access to our myaccount Control Panel in order to manage settings, including, but not limited to the renewal of the Services, email settings as well as the ability to view and manage domain names and run reports. Under no circumstances are you allowed to customise, re-brand or in any way modify myaccount for your own use. You must only provide access to employees and clients, authorised by yourself (“Authorised Users”) to have access to myaccount. As a Reseller, you are responsible for all access to myaccount by your Authorised Users and for any actions taken by any of the Authorised Users.
7.7. We reserve the right to take whatever action we feel necessary at any time to preserve the security and reliable operation of our infrastructure and you undertake that you will not do or permit anything to be done which will compromise Clickworks Internet’s security.
7.8. You authorise Clickworks Internet to act on any instruction given by or purporting to originate from yourself or your client, even if it transpires that Clickworks Internet, yourself and your client have been defrauded by someone else, unless you or your client has notified Clickworks Internet prior to Clickworks Internet acting on a fraudulent instruction.
7.9. You are solely responsible for processing all billing for your clients and for all debt collection relating to your clients.
7.10. All fees will be payable to Clickworks Internet as soon as they become due.
7.11. In the event of a dispute arising between the parties, you are obliged to continue paying the Service Fees as and when they become due and payable in terms of this Agreement.
7.12. You unconditionally and irrevocably indemnify Clickworks Internet and agree to hold Clickworks Internet free from and harmless against all losses suffered or incurred by Clickworks Internet as a direct or indirect result of your or your client’s use of the Services, or any downtime, outage, interruption in or unavailability of the Services.