Terms and Conditions

ACCEPTABLE USE 

PLEASE NOTE: These product or service specific terms and conditions must always be read together with our Legal, General Terms and Conditions & Acceptable Use Policies, which will always apply to your use of this product or service. Addhost strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These Terms and Conditions are strictly enforced to protect you, other Addhost customers and Addhost against such harm.
Payment Policies, Fees and Refunds Full payment is due on the first day of the month, for that month. You will receive an invoice no later than the 28th of the month before the month for which payment is due. Billing will continue until you cancel your hosting account. Payment is only possible by EFT (internet banking), debit order, cheque deposit or by credit card. Cash payments are not accepted, and any cash deposit fees charged by our bank (currently R17.50 per cash deposit) will be passed on to any client making a cash deposit. 
Domain registration fees, VPS rental and setup fees, backup fees, software installation fees and deposits for website design work are not refundable under any circumstances, for any reason whatsoever. If you have received a free domain through a Addhost promotion, then the registration fees for that domain is payable in full if you cancel your hosting account before 12 months have passed. 

Late Payment. Late payment will result in the suspension of your hosting account, and a reconnection fee of R100 may be levied. Clients who regularly make late payments may be required to sign a debit order mandate allowing Addhost to debit their bank account or credit card. Shared hosting accounts will be suspended if they are still unpaid 3 days after the due date and terminated after 14 days of non-payment. If an account needs to be restored from backup after termination, a data recovery fee of R250 will be levied. Servers will be terminated on the first day of the month, if payment is not received by the last day of the preceding month. It is not possible to restore a server which has been terminated.
  
Account Cancellation. You may cancel at any time by requesting a cancellation through your client portal or by emailing support@addhost.co.za before the 25 th of each month. Your account will be deleted the end of the month on receipt of the cancellation email. If you are cancelling within the first 60 days of signing up, and wish to take advantage of our unique two month money-back guarantee, then you will need to send a cancellation email with the reasons for your cancellation to support@addhost.co.za The two month money-back guarantee does NOT apply to Private Server fees, Reseller Accounts, domain registration fees, backup fees, software installation fees and deposits for website design work. The three month money-back guarantee may be declined at our sole discretion.
 
Account Termination. When necessary, usually in cases of spam and server abuse, Addhost reserves the right to terminate a hosting account at any time, for any reason, ( which reason may or may not be provided at our sole discretion). If an account is terminated, the balance of any hosting fees will not be refunded. If an account is terminated, it will not be possible to access any files or emails which were stored on the server at the time of termination. For this reason it is important that you make use of the tools provided in your control panel to make regular backups of your hosting account(s). Indemnification Policy You agree to use all Addhost services and facilities at your own risk. Addhost specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Addhost be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. You agree that you shall defend, indemnify, save and hold Addhost harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys fees asserted against Addhost, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by you, your agents, employees or assigns. You agree to defend, indemnify and hold harmless Addhost against liabilities arising out of: – Any injury to person or property caused by any products sold or otherwise distributed in connection with Addhost's server; – Any material supplied by you infringing or allegedly infringing on the proprietary rights of a third party; – Copyright infringement; – Any defective products sold to customers from Addhost’s server. Theweb4u shall be the sole judge of what violates this Policy.
  
Server abuse policy. If we determine that any site on our servers is using too much of the servers resources and therefore abusing the server, we have the right to suspend that domain without any notice. It is then up to you to contact us and formulate a plan to get that domain activated again. We are quick to suspend any domain that abuses the servers resources due to the shared nature of the server and the negative impact an abusing domain has on other domains on the same server.
No mass email marketing allowed! We do not allow mass email marketing sites on our servers and no mass emailing of any kind whatsoever, including email newsletters, is allowed on our network. It doesnt matter if its opt-in email marketing, we simply do not allow sites of that nature to be hosted on our network. Sites such as safe lists and free email are also strictly prohibited. We reserve the right to shutdown such sites without prior notice. 

SPAM Policy.  Addhost has a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: – over the Addhost network, by customers or any other users of the Addhost network; – and/or over any network if the message sent advertises or mentions a site hosted on a Addhost server. We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. spam), cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to an Addhost email address or web site URL is prohibited. The use of Addhost servers as a mail drop for responses to activities described above is also prohibited. If your hosting account is involved in spamming activities, and your account is subsequently terminated, then you do not have the right to a refund. This also includes refunds for additional services or products, such as installations of software, SSL certificates and dedicated IP addresses purchased for that hosting account. If you have any complaints or comments regarding Spam on our network, please direct them via email to support@addhost.co.za.
  
Content Policy. All services provided by Addhost may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any South African, Swiss, United Kingdom or United States Federal, State, Provincial or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless Addhost from any claims resulting from the use of the service which damages the subscriber or any other party. Sites that promote any illegal activity or present content that may be damaging to Addhost servers or any other server on the internet are prohibited. Links to such materials are also prohibited. Examples of unacceptable content or links: – Pirated software – Hacker programs or archives – Warez sites – Online gambling Addhost does not allow the hosting of web pages, links or content of any nature whatsoever which promotes or links to the websites of its competitors. Any illegal activity, online gambling, spamming or hacking will result in your site being shut down. Addhost will be the sole arbiter as to what constitutes a violation of this provision. 

 Disk Space Usage. The disk space allocated to hosting account may only be used to store the files required to display and manage your website and its content, and emails for up to 30 days. Addhost reserves the right to delete any files (such as backups) stored in your hosting account and not required for the operation of your website, and all emails older than 30 days, without notice. 

Bandwidth Usage.  Bandwidth overages (the amount of bandwidth used in excess of the amount allowed by your hosting account) are charged at R8.00 per GB plus VAT. Scripts and Software Policy You are free to install and use any scripts you wish, however we reserve the right to disable any script or software in your hosting account that affects normal server operation or service to other Addhost customers. Addhost is not responsible for any scripts or software that you use in your hosting. It is not our responsibility to ensure your scripts or software functions correctly. Please dont expect our support techs to troubleshoot aspects of the scripts or software that you use on your sites hosted on our servers. Addhost provides technical support for the Server & Server related softwares. Any scripts included in your Control Panel for use or installation are 3rd Party scripts and are not supported by Addhost, however you may ask for assistance (which we are usually willing and able to give) by submitting a support ticket. The following scripts are banned due to the potential harm they can cause to other sites on the same server: – Torrentflux (and similar scripts) – Rapidleech (and similar scripts) – AlienForm (all versions) – formmail.pl – Greymatter (all versions) – Open Webmail – Ikonboard (all versions) – IRC Egg Drops & IRC related programs. – Chat software – lstmrge.cgi – Proxy Servers & Scripts (EX: nph-proxy) – Shell, SSH, Telnet Scripts and Shell, SSH, Telnet Alternatives (cgitelnet.pl) – The Anonymizer – UltimateBBS (all versions) – YABB + YABB se (all versions) – Any script that uses / processes a massive number of flatfiles or large flatfile databases. If we find banned scripts active in your account, we will suspend your account and disable or remove the offending script and send you an email notifying you of our actions. The following scripts are not allowed on our shared hosting servers: – Magento – BuddyPress and similar scripts, if used to provide a free (or paid) blogging service Refusal of Service We reserve the right to refuse service to anyone for any reason not prohibited by law. We reserve the right to terminate service to any customer for any reason not prohibited by law. Any deliberate attempt to cause damage to Addhost servers, the Addhost network or any other internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.
  
Backups. Full server backups are made weekly, excluding emails which are never backed up. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients responsibility to maintain local copies of their websites files, databases and other content or to make use of our Automated Backup service.
Support Policy It is the clients responsibility to have a good working knowledge of aspects of their sites operation. Please do not expect the Addhost support staff to teach you how to use aspects of the tools at your disposal, and especially not the software (such as email and FTP clients) which you have installed and run on your own PC. 

Web Design Summary We will always do our best to fulfil your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if things go wrong. In this contract you won’t find complicated legal terms or large passages of unreadable text. We have no desire to trick you into signing something that you might later regret. We do want what’s best for the safety of both parties, now and in the future. In short You, are hiring Addhost to design and develop a web site for the agreed payment plan. As our customer, you have the power and ability to enter into this agreement on behalf of your company or organization. You agree to provide us with everything that we need to complete the project including text, images and other information as and when we need it, and in the format that we ask for. You agree to review our work, provide feedback and sign-off approval in a timely manner too. Deadlines work two ways and you will also be bound by any dates that we set together. You also agree to stick to the payment schedule set out We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavour to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. On top of this we will also maintain the confidentiality of any information that you give us. Details of the works We will create designs for the look-and-feel, layout and functionality of your web site. This includes one main design plus the opportunity for you to make up to two rounds of revisions. If you’re not happy with the designs at this stage, you will pay us in full for all of the work that we have produced until that point and you may either cancel this agreement or continue to commission us to make further design revisions at the daily rate set out in our original estimate. HTML/CSS layout templates If the project includes XHTML or HTML markup and CSS templates, we will develop these using valid HTML5 markup and CSS3 for styling. We will test all our markup and CSS in current versions of all major browsers including those made by Apple, Microsoft, Mozilla and Opera. We will also test to ensure that pages will display visually in a similar, albeit not necessarily an identical way, in Microsoft Internet Explorer 7 for Windows as this browser is now past its sell-by date. We will not test these templates in old or abandoned browsers, for example Microsoft Internet Explorer 5, 5.5 or 6 for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox or Opera unless otherwise specified. If you need to show the same or similar visual design to visitors using these older browsers, we will charge you at the daily rate set out in our original estimate for any necessary additional code and its testing.
Text content We are not responsible for writing or inputting any text copy unless we specified it in the original estimate. We’ll be happy to help though, and in addition to the estimate we will charge you at R350 Hourly Copy Fee per hour, including a free initial consultation, for copy writing or content input. 

Photographs If needed, you will supply us photographs either in digital or printed format. If you choose to buy stock photographs we can suggest vendors of stock photography. Any time we spend searching for or taking appropriate photographs will be charged at a Photo Fee per hour, after a free initial consultation to determine if this is the best route to take.
Changes and revisions. We know from plenty of experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your first idea about how something should look, or how it might work. We don’t want to limit either your options or your opportunities to change your mind. The estimate/quotation prices at the beginning of this agreement are based on the number of days that we estimate we’ll need to accomplish everything that you have told us you want to achieve. If you do want to change your mind, add extra pages or templates or even add new functionality, that won’t be a problem. You will be charged the daily rate set out in the estimate we gave you. Along the way we might ask you to put requests in writing so we can keep track of changes. 

Technical Support. You may already have professional web site hosting, you might even manage that hosting in-house; if that’s the case, great. If you don’t manage your own web site hosting, we can set up an account for you on our servers. Legal stuff We can’t guarantee that the functions contained in any web page templates or in a completed web site will always be error-free and so we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Copyrights You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the web site are either owned by your good selfs, or that you have permission to use them. When we receive your final payment, copyright is automatically assigned as follows: You own the graphics and other visual elements that we create for you for this project. We will give you a copy of all files and you should store them really safely as we are not required to keep them or provide any native source files that we used in making them. You also own text content, photographs and other data you provided, unless someone else owns them. We own the XHTML markup, CSS and other code and we license it to you for use on only this project. We love to show off our work and share what we have learned with other people, so we also reserve the right to display and link to your completed project as part of our portfolio and to write about the project on web sites, in magazine articles and in books about web design. Payments We are sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule, which will be as follows, but may be revised based on further conversations between us. 50% of total estimated fee upon agreement of initial design: Deposit Fee !00% of total estimated fee upon agreement if fee less than R1000-00 Remainder of fee payable not more than 7 days after receipt of finished product: Remainder of Fee Interest accrued if payment is more than 7 days late is 5% of outstanding amount to be added every 7 days, starting from 8th day after receipt of finished product. But where is all the horrible small print? Just like a parking ticket, you cannot transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place. Although the language is simple, the intentions are serious and this agreement is a legal document under exclusive jurisdiction of South African courts