Terms and conditions

General Terms

Definitions

1.1“WonderHost” means Appcentric (Pty) Ltd or any other entity which Appcentric (Pty) Ltd may assign, cede or delegate any of their rights or obligations to.

1.2″WonderHost System” means equipment operated together as a system by WonderHost to provide any Service, including without limitation servers, peripherals, routers, switches, Software, Databases, cables, generators, and uninterruptible power supplies.

1.3“WonderHost Website” means the Internet website published at the URL “www.WonderHost.co.za” or another URL that WonderHost notifies the Client of from time to time.

1.4“Agreement” means these General Terms, Acceptable Use Policy, and applicable Service Terms, Service Orders and all annexures to any of these documents.

1.5“Application” means a request for initiation of a Service(s) and / or provision of Good(s);

1.6“Business Day” means any day other than a Saturday, a Sunday or a public holiday in the Republic of South Africa.

1.7“Business Hour” means a period of 60 minutes between the hours of 08h00 and 17h00 South African Time, on a Business Day.

1.8″Client” is the party described as such on any Application or Service Order executed between it and WonderHost.

1.9″Client Data” means Data:

  • 1.9.1 transmitted to the Client using the WonderHost System,
  • 1.9.2 stored by the Client on the WonderHost System (or on the Client System as the case may be), or
  • 1.9.3 transmitted by the Client via the WonderHost System,
  • 1.9.4 in the day-to-day utilisation of a Service.

1.10″Client Equipment” means any equipment installed at WonderHost’s premises by the Client that WonderHost does not own, including without limitation servers, peripherals, routers, switches, Software, Databases, Data cables, and uninterruptible power supplies.

1.11“Superboard” means the Client account login area of WonderHost’s portal, accessed by using Client credentials and passwords;

1.12“Data” means electronic representations of information in any form.

1.13“Database” means a collection of related data including, but not limited to, text, images sound and video, all of which have been created and integrated using a method of connecting and displaying the data into a collection of interrelated independent files or data which are stored together.

1.14″Domain” means an Internet subdomain registered with an authorised registrar appropriate to its top-level domain (“TLD”) and comprising its constituent domain name server records including, but not limited to, host names, aliases and mail exchange (“MX”) records.

1.15″Emergency Maintenance” means maintenance to the WonderHost System intended to remedy existing circumstances or prevent imminent circumstances that are likely to cause danger to persons or property, an interruption to the Communication Services, or substantial loss to WonderHost, the Client or any third party.

1.16“Fee” in respect of each Service will be as noted in the Fee Schedule provided to the Client on initiation of the Service and adjusted from time to time.

1.17“Goods” means any and all goods to be provided by WonderHost to the Client in terms of this Agreement, including without limitation equipment, hardware and third party software.

1.18“Good Industry Practice” means the exercise of that degree of skill, diligence, prudence and foresight which would reasonably be expected from a skilled and experienced service provider providing similar services to those provided under this Agreement. Such a service provider would seek in good faith to comply with its contractual obligations, and with all applicable laws, codes of professional conduct, relevant codes of practice, relevant standards, and all conditions of planning and other consents.

1.19“Intellectual Property Rights” means patents, registered designs, trade marks (whether registered or otherwise), copyright, trade secret rights, database rights, design rights, service marks and other intellectual property rights and rights to claim something as confidential information, including in other jurisdictions, that grant similar rights.

1.20“Malicious Code” means anything that contains any computer software routine or code intended to:

  • 1.20.1 allow unauthorised access or use of a computer system by any party, or
  • 1.20.2disable, damage, erase, disrupt or impair the normal operation of a computer system,
  • 1.20.3and includes any back door, time bomb, Trojan horse, worm, drop dead device or computer virus.

1.21″Multi-Factor Authentication” refers to the process of establishing a user’s identity using several concurrent means of verification such as one-time pin, security questions or other forms of validation.

1.22″OTP” means One-Time Pin or One-Time Password that is used for login to WonderHost systems or for verification purposes.

1.23“RICA” means the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2003.

1.24“Services” generally means internet services and access but for each specific service offering the meaning will be specified in more detail, as provided in the additional terms for each of the listed options.

1.25“Service Order” means a goods, license, services and / or work order agreed to in terms of this Agreement describing the specific Goods or Services to be provided by WonderHost to the Client.

1.26″Service Terms” means a document describing the terms on which WonderHost will provide a particular Good or Service, as amended from time to time.

1.27″General Terms” means this document.

1.28″Software” means any computer programme (whether source- or object code), as well as any database structure or content, artistic work, screen layout, cinematograph film, sound recording, preparatory material, user or technical documentation or any other work created in connection therewith and any modifications, enhancements or upgrades thereto.

1.29“Supplier” means a supplier of goods and / or services to WonderHost.

1.30″Two Factor Authentication” refers to the process of establishing a user’s identity using various methods, such as one-time pin and security questions.

1.31″User/s” means the Client or any other person accessing any of the Services provided by WonderHost.

How the Agreement Works

2.1The Goods and Services that WonderHost will provide to the Client will be described in Service Orders.

2.2These General Terms apply to all Services.

2.3More details of particular Goods or Services may be contained in Service Terms.

2.4The Service Order(s), Service Terms, and this document together form the Agreement between WonderHost and the Client. If the Parties enter into a Service Level Agreement or agree to an annexure to any of these documents, these will also form part of the Agreement.

2.5If there is any conflict between any of these documents, they will be interpreted in descending order of precedence as follows: General Terms (this document), Service Terms, Service Order, Acceptable Use Policy, and Service Level Agreement, unless otherwise expressly stated in writing.

Applications and Initiation

3.1WonderHost will provide the Goods and Services to the Client as described in an Application or Service Order in terms of the Agreement.

3.2WonderHost reserves the right to refuse to commence provision of Services based on the Client’s prior conduct.

3.3An Application must be submitted via the WonderHost Website. Once an Application is accepted by WonderHost it becomes a Service Order.

3.4Each Service Order (read with the other documents mentioned above) will be a separate contract between the Client and WonderHost (unless amended or renewed by another Service Order).

3.5The terms of one Application or Service Order will not apply to another, unless a Service Order amends or renews an existing Service Order or adds Goods or Services to an existing contract.

3.6The Client consents to WonderHost carrying out a credit check on the Client at any applicable credit bureau, and may make the provision of the Goods or Services dependant on its satisfaction with the results. WonderHost may provide information on the Client’s payment record to a credit bureau.

3.7If the Client is a juristic person, WonderHost may require one or more of its officers to stand surety for the Client’s obligations under this Agreement. Even if the Agreement has commenced, WonderHost may withhold providing the Services until the surety has been signed.

3.8Depending upon the Service provided, WonderHost may be obliged under RICA to obtain certain information and documents from the Client, and WonderHost may withhold or suspend providing Services until the Client has provided the necessary information and/or documents to WonderHost.

3.9If the Client has not complied with a requirement of this clause, WonderHost may delay providing the Goods or Services until the Client has complied. If the Client does not comply within a reasonable period, WonderHost may terminate this Agreement and will not be liable for any damage that the Client may suffer as a result.

3.10Commencement of the Services is subject to a seven-day cooling-off period which will be interrupted if the Service in question is made available to the Client during this period.

Client’s Commitments

4.1The Client confirms that all statements made to WonderHost are true and correct. WonderHost reserves the right to request proof of any facts or claims. The Client also commits to providing WonderHost with necessary information required in the provision of the selected Services, and (where applicable) consent to the use or sharing of this information with 3rd parties to comply with regulatory conditions (such as Domain Registration Listings) within the guidelines of applicable privacy legislation.

4.2WonderHost reserves the right to, at any time, request verification of the identity of the Primary Account Holder. Failure to produce such verification could result in summary suspension or cancellation of the product(s) and Services.

4.3The Client (or the Client’s agent) certifies that the Client is above the age of 18 years, has full contractual capacity and (in the case of an agent) is duly authorised by the Client to contract on the Client’s behalf.

4.4WonderHost’s website and attached systems, such as Superboard, are designed to facilitate reasonable use of the WonderHost products and Services. WonderHost reserves the right to suspend or terminate users who are improperly using features of the systems to avoid billing, shaping, suspension or any other system controls, or exploit bugs or limitations in the system design to effect avoidance of system controls or commit crimes. WonderHost reserves the right to deem an activity as “unreasonable exploitation of the system” and will take appropriate action based on the circumstances and severity of the incident(s).

4.5The Service Order(s) and this Agreement, the Services or the interpretation of the supporting documents shall be governed by the laws of the Republic of South Africa and the courts of South Africa will decide any disputes.

4.6If the Client or its staff engages in behaviour that is a contravention of the Acceptable Use Policy or may be considered offensive to WonderHost or its staff, WonderHost reserves the right to suspend or terminate the Client’s Services, irrespective of the form and medium of this abuse.

4.7In the event that any of the terms of this document are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.

4.8WonderHost reserves the right to remove any content hosted by a Client which it considers illegal or contrary to the AUP or for which it has received a takedown notice.

Service Credit

5.1 If the Client wishes to make a claim for Connectivity service downtime, the Client must log a dispute with WonderHost [support@wondershost.co.za], which will take the matter up with the relevant provider. Any refund will be made to the Client by WonderHost, which has sole discretion whether to accept the Client’s claim. Such credit will exclude any claims for Slow Access, Intermittent Service and any other fault type except No Service faults.

5.2 The calculation of time periods for the purpose of calculating any service credit shall only commence upon the reporting of any fault to WonderHost Support.

Terms Subject to Change

6.1WonderHost may amend the General Terms and Service Terms at any time. The amended versions will be posted on the WonderHost Website, and WonderHost will as soon as possible after posting the amendments make reasonable efforts to advise the Client of them by email and via Superboard. The Client also has a duty to keep itself informed of the latest version of the above documents by accessing the WonderHost Website on a regular basis.

6.2 WonderHost must give at least one calendar month’s notice for the amendments, which will become effective at the beginning of the first calendar month after the notice period has expired.

6.3If the Client objects to any amendments, it may terminate the Agreement, and the termination will become effective at the end of the normal notice period.

6.4If WonderHost changes its Fees, the change must take place as described in this clause.

Interactions with Staff and WonderHost Brand

7.1Clients will be held accountable for their conduct towards WonderHost staff and in the public domain with regard to allegations or malicious conduct directed towards WonderHost or its staff.

7.2Abusive behaviour, including (but not limited to) aggression, bullying, offensive language or conduct, including threats, humiliation or any type of intimidation on a forum or directed at WonderHost or its staff will be deemed abusive and will not be tolerated. Such conduct may constitute an AUP violation and WonderHost reserves the right to suspend or terminate Services to a Client in such cases.

7.3Clients using public platforms to spread libel, false allegations, unreasonably or maliciously diminish the reputation or public perception of the WonderHost brand (or its staff) may have their Services suspended or terminated, depending the severity and circumstances of the incident(s), and may also be regarded as contrary to the AUP.

Availability of Services

8.1WonderHost cannot guarantee the provision of the requested Service upon the receipt of an Application.

8.2Provision of the Service is subject to WonderHost confirming that it is technically feasible to do so.

8.3Applicants will be formally notified after receipt of an Application whether or not the Service can be provided.

Choice of Services and Products

9.1WonderHost offers online application and signup for all products and Services only via the WonderHost website. The Client is solely responsible for ensuring that their choice of product or service conforms to their requirements or desired outcome. WonderHost will not be liable for compensation, costs or damages resulting from incorrect selection of products or services, or resultant delays in rectifying such errors.

9.2Sign-up for products and services is subject to the cooling-off period described in section 44 of the Electronic Communications and Transactions Act (“the ECT Act”).

9.3WonderHost provides Services on the basis of information provided by the Client, and WonderHost offers no warranty as to the suitability of the Services beyond the requirements as expressed by the Client.

9.4WonderHost reserves the right to stop offering particular Services if it deems it necessary. WonderHost will then either provide the service for the remainder of the time that has been paid for or refund the amount paid for that specific package.

Payment and Penalties

11.1WonderHost reserves its rights to change its prices at any time on reasonable notice, which will not be less than 30 days, as per the minimum term of a month to month agreement.

11.2WonderHost only accepts Debit Order and Visa/Mastercard payments for month to month services, and will only accept alternative payment under specific circumstances and only by prior arrangement at WonderHost’s discretion.

11.3The Client’s monthly debit orders of the Fee will be submitted monthly in advance on or about the date of subscription to WonderHost services. This will apply to both Debit Order Payments and Visa/Mastercard Payments.

11.4WonderHost will not accept any liability or responsibility for delays, suspensions or impact to Services due to use of non-approved payment methods by Clients.

11.5If the Client’s debit order bounces for any reason, WonderHost reserves the right to resubmit the debit order at any time.

11.6Non-payment of any Fee by its due date, whether as a result of unpaid Debit Orders, declined cards or any other cause may result in immediate suspension of Services (which may not be limited to the particular Service in question). WonderHost retains the right to suspend any Services for non-payment, and to withhold such Services until all arrears are settled in full on any and all products and Services.

11.7Services which have been suspended for non-payment of Fees will remain suspended until payment has been made and the Service is reconnected as described below. The Client will not be credited for data or Services that would otherwise have been available to the Client during the period of suspension.

11.8If the Client remains in default of a monthly Fee for two consecutive calendar months, WonderHost may terminate the agreement with immediate effect. The Client will remain liable for all Fees and charges for any period of suspension.

11.9Should the Client settle the unpaid Fee they will be reconnected as described below. 

11.10WonderHost may charge an Admin Fee for failed or returned payments, regardless of method of payment or the reason for non-payment. Such Admin Fees are payable immediately and in conjunction with the outstanding fees which resulted in non-payment. Admin Fees will be calculated on a sliding scale based on the number of incidents of non-payment on the Client’s payment record. Non-payment of Admin Fees will be considered non-payment and will be subject to the same terms. Once levied, Admin Fees are not recoverable or reversible, regardless of whether payment is made within the prescribed period.

11.11If the Client’s Services are suspended or terminated for any reason, including non-payment, WonderHost may charge a Reconnection Fee for subsequent reactivation of services. Reconnection Fees are payable in full before any services can be reactivated, once suspended. WonderHost may charge multiple reconnection Fees where multiple products are affected, and may charge “escalating” penalties for repeated non-payment offences. Any prior leniency shown in this regard will not prejudice WonderHost’s right to enforce such penalties in full at any time (within their discretion).

11.12 Reconnection of Services may be subject to a waiting period of up to 72 hours, at WonderHost’s discretion, regardless of when payment is received or cleared.

10.13 In cases of suspension of Services due to non-payment, WonderHost reserves the right to levy both Reconnection Fees and Admin Fees. Any and all penalty fees must be settled in full, prior to reconnection of affected services.

11.14Both Admin and Reconnection fees will not exceed R600 (charged on a sliding scale based on the number of incidents of non-payment), and this amount is based on (but not limited to) a reasonable estimation of accumulated administrative costs (such as labour), bank penalties and resubmission charges levied by payment carriers.

11.15In the case of billing disputes, the onus is upon the Client to raise such disputes in good time through the complaints procedure set out in these Terms to prevent interruption of services while the billing is in dispute. Reparations will be made to Clients with successful disputes by means of an account credit or refund, at WonderHost’s discretion.

11.16WonderHost reserves the right to terminate services where a Client has shown a repeated disregard for payment terms and consistently fails to make regular scheduled payments on time and using approved payment methods. The conditions of termination will be based on guidelines determined at WonderHost’s discretion and may vary. The means and terms of termination will be determined at WonderHost’s discretion. Notice of termination will be provided to the best of WonderHost’s ability, but WonderHost will not be held liable for claims or requests for further provision of services once a Client’s services have been terminated due to non-payment.

11.17Unless otherwise agreed:

  • 11.17.1Billing will commence on the date that Service provision commences. Partial months will be charged pro rata.
  • 11.17.2Services are billed in advance and all invoices must be paid by the Client in advance.
  • 11.17.3Any Services invoiced in arrears are payable on presentation of invoice.
  • 11.17.4All Fees and other amounts payable are quoted exclusive of VAT.

11.18Interest will be charged on any amount that remains unpaid by the Client beyond the due date of payment:

  • 11.18.1The interest rate will be 2% (two percent) above the prime overdraft rate (percent, per annum), up to a maximum of 2% per month.
  • 11.18.2The prime overdraft rate will be as charged by WonderHost’s bankers at the time, which will be evidenced by a certificate issued by any manager of that bank, whose authority it shall not be necessary to prove.

11.19The interest will be calculated from the due date of payment to the date of actual payment, both days inclusive, and will be compounded monthly in arrears. The Client agrees and undertakes to pay the interest.

Debit Order Authorisation

12.1By accepting these terms, the Client hereby authorizes WonderHost to debit their nominated bank account or Visa/Mastercard any variable amount pertaining to the service or products they have selected, on sign up for a calculated pro-rata and thereafter at the beginning of each month (or on signup entirely for purchase of non-service products).  This sum being the amount for settlement of the monthly amount due by the Client in respect of services or products.

12.2The Client authorises WonderHost’s nominated agent to debit their bank account or Visa/Mastercard on WonderHost’s behalf (the “authorized party”).  The debit authority will remain in force until such services or products are cancelled, subject to the condition that Client agrees that debits related to cancellation notice periods will be honored before the expiration of the debit authority.

12.3The Client agrees that the authorized party may freely cede, delegate or assign any of its rights or obligations in terms of this debit order instruction without consent from the Client and that the Client may not cede, delegate or assign any of their rights and obligations in terms of this debit order instruction to any third party without the prior written consent of the authorized party.

Term and Termination

13.1WonderHost operates Month-to-Month contracts. Either the Client or WonderHost may terminate the agreement, or a particular Service, by giving one calendar month’s notice to the other. For example if notice is given on the 15th of December, termination will take effect on the 1st of January. Particular Service Terms may allow for shorter notice periods.

13.2The Client must give notice of termination to WonderHost via Superboard Chat. Cancellation of any Service is the Client’s responsibility and all tools to effect such cancellation are provided in Account Login. The Client is responsible for ensuring that such cancellation of service is actioned with due attention to terms of cancellation, as well as cancellation conditions which require the Client to specifically indicate a required process. Should the Client incorrectly complete the cancellation process, WonderHost will not be liable for any additional costs or compensation due to the error.

13.3Either party may terminate this Agreement and any service provision where there is a breach of this Agreement by the other which has not been remedied within seven (7) days of receipt of written notice to do so.

13.4WonderHost reserves the right to terminate agreements based on a breach of this agreement, or linked agreements (such as their Acceptable Use Policy) which is viewed as a breach of the whole service contract.

13.5The Client acknowledges that WonderHost may terminate this Agreement by written notice, including email, and without liability in the event of the termination of its agreement with an upstream licensee relevant to the provision of any connectivity Service.

Transferability

14.1Should WonderHost agree to the acquisition or transfer of any or all of it’s services to another company, such services and services agreements will be transferred to the acquiring entity. Clients affected will be notified of such changes and any potential impact to their service agreement within the minimum term (30 days) of a month to month agreement.

Client Information and Privacy

15.1Clients signing up for services as a Primary Contact are considered as “the client” and no other parties will be permitted access or authority to the Client Account, even if they are a 3rd party recipient or affiliate of the “client”.

15.2WonderHost will observe all privacy of information best practices, in accordance with the applicable laws of South Africa, including the Protection of Personal Information Act (POPI) of 2013.

15.3The Client consents to WonderHost processing Personal Information transmitted to the WonderHost System in a way which is consistent with the Service being provided. Where the Client’s use of a Service leads to the transmission of Personal Information to or from the Republic of South Africa, the Client acknowledges that it has a duty to comply with any relevant statutory provisions dealing with data privacy either in the Republic of South Africa or in any foreign country to which the Personal Information is transmitted. The Client warrants that it has obtained the consent of any third party for the use of that party’s Personal Information in this way, or otherwise that such processing is lawful, and indemnifies WonderHost from any claim brought by such third party as a result of its failure to do so.

15.4WonderHost may retain backups as a matter of course for up to one year after termination, and the Client consents to such retention. However WonderHost gives no warranty in respect of the effectiveness of such backups (if any).

15.5Support chats to WonderHost Support are recorded for training and quality purposes. Recordings will be saved for a maximum of three (3) months from the date of recording.

Security

16.1WonderHost will implement measures in line with Good Industry Practice to ensure the security of the WonderHost System and the physical security of WonderHost’s premises, but gives no warranty that breaches of security will not take place.

16.2If the Client discovers a security violation, or thinks that a security violation is imminent, it must immediately notify WonderHost in an appropriate way that does not further compromise security concerns.

16.3If the Client suffers damage as a result of loss or corruption of Client Data through a security violation, it will be liable for the damage if the violation was the Client’s fault.

16.4The Client must not do anything that may prejudice the security of the WonderHost System, and must take all reasonable measures necessary to ensure that:

  • 16.4.1no unlawful access is gained to WonderHost’s premises, the WonderHost System, or the Client’s own system;
  • 16.4.2no Malicious Code is introduced into the WonderHost System; and
  • 16.4.3the Client Data is safeguarded.

16.5If a security violation occurs, or WonderHost is of the view that a security violation is imminent, WonderHost may take whatever steps it considers necessary to maintain the proper functioning of the WonderHost System including without limitation:

  • 16.5.1changing the Client’s access codes and passwords (or those of any user of the WonderHost System), and
  • 16.5.2preventing access to the WonderHost System.

16.6WonderHost takes reasonable measures to provide disaster recovery but does not warrant that recovery will be successful or that it will be completed within any time limit.

16.7The Client must give its full cooperation to WonderHost in any investigation that may be carried out by WonderHost regarding a security violation.

16.8If the Client is providing any service to third parties that makes use of the WonderHost System, the Client must contractually bind those third parties to equivalent terms regarding security as are set out in this clause 15.

16.9WonderHost may on prior written notice to the Client inspect the Client’s installation and Client Equipment located on WonderHost’s premises to ensure compliance with the building regulations and restrictions agreed between the parties.

16.10By signing up and submitting personal information to WonderHost, clients expressly agree to validation and verification methods such as Two Factor Authentication and/or Multi-Factor Authentication, using personal information submitted, or such information as required by WonderHost from time to time. The method of verification used will be implemented at the discretion of WonderHost. Clients hereby grant authority to WonderHost to use personal information for this purpose, including sending OTP information via SMS to their mobile phones.

Suspension or Terminations of Service

17.1WonderHost may, subject to this Agreement or Acceptable Use Policy, suspend or terminate services of a Client in its absolute discretion by providing email notice if:

  • 17.1.1the Client commits a serious or repeated breach of the Agreement or the Client engages in any conduct which in WonderHost’s opinion would have a negative impact on WonderHost, other clients or WonderHost’s staff or is detrimental to the welfare, good order or character of WonderHost; or
  • 17.1.2Any part of the Client’s Fees are not paid in full when due; or
  • 17.1.3The information the Client supplied to WonderHost is found to be incorrect or false;
  • 17.1.4WonderHost reasonably thinks that the Client’s use of the Services may result in the commission of a crime or is otherwise unlawful.

17.2WonderHost reserves the right to effect such suspension or termination without notice, depending on the severity of the breach, but will undertake to inform Clients where possible. Upon such suspension or termination, such Clients:

  • 17.2.1Will not be eligible for reimbursement / compensation, unless at WonderHost’s discretion
  • 17.2.2Will not be eligible for payment under any sales promotion
  • 17.2.3May be further barred from signing up for any services with WonderHost in the future
  • 17.2.4May be reported to governing bodies, such as ISPA, for listing purposes
  • 17.2.5May be listed with applicable authorities and credit bureaus

17.3The period of suspension will be that which is reasonable under the particular circumstances that gave rise to the suspension.

Limitation of Liability and Indemnity

18.1WonderHost will not be liable to the client or any third party in respect of any and all damages, loss, claims or costs, of whatever nature and including but not limited to direct, indirect, consequential or special damages, suffered by the client or third party, howsoever arising, and WonderHost will moreover not be liable whether the loss was the result of the act or omission of a WonderHost employee, vicarious or strict liability.

18.2In the event that WonderHost is nonetheless held liable, the quantum of WonderHost’s liability will not exceed the monthly or pro-rata fees due for the Service that occasioned the loss, in the preceding three (3) months, regardless of whether the claim arises out of negligence on the part of WonderHost or any other cause.

18.3Use of the services indicates that the client indemnifies and holds harmless WonderHost in respect of any damages, loss or costs or claims instituted against WonderHost arising from any application or subscription to or use of any service or breach of the terms and conditions applicable to it.

18.4These limitations on liability and indemnities apply to the benefit of WonderHost and WonderHost’s Affiliates, directors, officers, employees, contractors, agents and other representatives, as well as any third parties whose networks are connected to the WonderHost System.

18.5Nothing contained in this clause 17 will limit the Client’s liability in respect of charges incurred for ongoing Services.

18.6If the Consumer Protection Act 68 of 2008 is applicable to this Agreement, and any provision of this clause 17 is found by a court or tribunal with jurisdiction over WonderHost to be unfair, unreasonable or unjust, then that provision (whether it be a word, phrase or sub-clause) will be severed, and the remainder of this clause 17 will have full force and effect.

18.7In the case of ambiguity, this clause 17 will take precedence over any expression of the Parties’ intention, whether express or implied, that may be contained elsewhere in this Agreement.

Notices

19.1All requests by the Client for the provisioning, modification or termination of Services, and for modification of contact and other personal information must be made via WonderHost Chat which reserves the right to ignore any such request made in any other manner. 

19.2The Parties choose their addresses where they will accept service of any notices/documents for all purposes (apart from as described in clause 19.1) arising from this Agreement (domicilium citandi et executandi):

  • 19.2.1. 1134 Gateside Village, Dainfern Golf Estate, Fourways, 2055

19.2.2in the case of the Client, the addresses set out in the most recent Service Order agreed between the Parties.

19.3Either Party may vary its given postal address or other contact details by notifying the other Party in writing.

19.4Any notice given in terms of this Agreement must be in writing and any notice given by any Party to another (“the addressee”) which:

  • 19.4.1is delivered by hand will be deemed to have been received by the addressee on the date of delivery; or
  • 19.4.2if sent by fax during Business Hours, upon production of a satisfactory transmission report by the fax machine and if outside such Business Hours then at the beginning of the next Business Day; or
  • 19.4.3is transmitted by email will be deemed to have been received upon confirmation of receipt (not automated receipt) thereof by the addressee; or
  • 19.4.4is posted by pre-paid registered post from an address within the Republic of South Africa to the addressee at its chosen postal will be deemed to have been received by the addressee on the 7th (seventh) day after the date of posting. 

19.5Despite the above:

  • 19.5.1any notice that WonderHost sends by email to an email account of the Client will be deemed to have been received by the Client on  the date of transmission; and
  • 19.5.2if a written notice or communication is actually received by one of the Parties from the other, this will be adequate written notice or communication to that Party.

Interpretation & General

20.1Whole Agreement. This Agreement is the whole of the agreement between the parties, and no document or statement not mentioned above will form part of it. Only a written variation, waiver or cancellation agreed to by both parties will be of any effect.

20.2Applicable Law & Jurisdiction. The law of the Republic of South Africa will apply to this Agreement, its interpretation and any matter or litigation relating to or arising from it, and the parties consent to the jurisdiction of the courts of the Republic of South Africa in this regard.

20.3Survival. For the avoidance of doubt, any provision of this Agreement that anticipates any right or duty extending beyond the termination or expiry of this Agreement will survive the termination or expiry of this Agreement and continue in full force and effect.

20.4No Indulgence. If one party chooses not to enforce any part of this Agreement, that does not mean that the party cannot enforce that part at a later time. If any part of the Agreement is found to be unenforceable, the rest will still be enforceable.

20.5Representatives. The signatories hereto acting in representative capacities warrant that they are authorised to act in such capacities, and accept personal liability under this Agreement should they prove not to be so authorised.

20.6Reading Down. If a provision of this Agreement is reasonably capable of an interpretation which would make that provision valid and enforceable and an alternative interpretation that would make it void, illegal, invalid or otherwise unenforceable, then that provision shall be interpreted, so far as is possible, to be limited and read down to the extent necessary to make it valid and enforceable.

20.7Severance. In the event that any part of this Agreement is found to be partially or fully unenforceable because it does not comply with any law, or for any other reason, this will not affect the application or enforceability of the remainder of this Agreement.

IP Provisioning

21.1WonderHost may provision IP addresses for use with your Internet Services.

21.2You acknowledge and agree that you will not receive any proprietary or ownership rights in such designation, and that WonderHost may change your IP addresses at any time.

21.3Whether IPv6, public or private IPv4, any IP addresses provisioned by WonderHost for use with your Internet Services is done at WonderHost’s sole discretion.

Web Hosting & DNS

Introduction

1.1In addition to the General Terms, these terms and conditions govern the use of the WonderHost hosting services. By contracting with WonderHost (fully owned and operated by Appcentric Pty Ltd.) for web hosting services a Client will be lawfully regarded as having agreed to their use of the services specified being governed by this Agreement.

Domain Registration

2.1WonderHost hosts websites and related material on the WonderHost server(s) on behalf of Clients. WonderHost is not responsible for the management or hosting of domain names. These terms and conditions apply to the use of the web hosting services offered by WonderHost.

2.2WonderHost will strive to ensure that subsequent DNS propagation is effected in the shortest period of time. However, WonderHost cannot be held liable for any delays that may accompany the propagation of DNS. Initial Setup fees are non-refundable. Web hosting fees are charged as monthly recurring payments.

Hosting Services

3.2WonderHost reserves the right to suggest suitable web hosting alternatives to the Client and / or charge for excessive traffic or system resources as it deems necessary, at its sole discretion. Excessive traffic or use of system resources will be determined as set out in the Acceptable Use Policy.

3.3WonderHost reserves the right to move a website between web servers and Internet backbones, both within South Africa and internationally as it deems necessary. If a Client generates activity in excess of their monthly web traffic allocation, then the Client will be contacted and various options will be presented.

3.4WonderHost reserves the right (but does not assume any obligation) to inspect the contents of data that the Client transmits, receives or stores on a WonderHost Server to ensure compliance with this Agreement, or any applicable laws, regulations or codes of practice.

3.5The Client must immediately and adequately respond to a denial of service attack (DOS / DDOS).  If the Client’s facilities are targeted by a DOS attack that affects other network users, the Client’s Service will be suspended.

Backups

4.1Clients are solely responsible for backing up their data and WonderHost strongly encourages ALL Hosting Clients to do so as frequently and completely as possible. WonderHost will not be liable for any data loss or any other losses or damages related to backups or data recovery without exception.

4.2WonderHost may, in some instances, offer a separate backup service in conjunction with dedicated hosting, and will make such backups available to Clients on request as and when they are available. However, WonderHost does not warrant or guarantee the availability, completeness or “up to date” status of such backups.

4.3Clients are ultimately responsible for their own data, and WonderHost strongly encourages such Clients to continue to make their own backups as frequently and completely as possible to ensure that they have recourse in the event of any failure.

4.4WonderHost cannot guarantee the condition or fitness of any backups provided. Such backups are provided “as is” and are used at the Client’s own risk and discretion – whether restored by WonderHost by instruction from Clients or by Clients themselves.

4.5WonderHost will not be liable for any losses or damages relating to any incidents arising out of such backups being provided (or not provided) to Clients on request.

Dedicated Servers

5.1WonderHost provides servers to Clients for the purposes of their hosting needs. However ownership of physical hardware rests solely with WonderHost and its partners at all times. Clients may not make any claim to hardware deployed for their hosting, and may not have access to WonderHost property, hardware or hosting infrastructure (such as data centres) without prior consent, which must be obtained by written application with a minimum of 24 hours’ notice. WonderHost, at its discretion, may refuse such requests for any reason whatsoever.

Cloud Hosting

6.1WonderHost reserves the right to manage the cloud environment at its discretion for the overall benefit of cloud hosted Clients. Any virtual machine which WonderHost deems at its sole discretion to have a negative effect on the environment may be powered down or suspended.

6.2WonderHost strictly forbids the creation of nested VM’s, or virtual instances within a virtual server. This severely degrades overall performance and will be treated as a violation of WonderHost’s AUP and Terms & Conditions (contrary to the intended use of the product).

6.3WonderHost also strictly forbids any misuse of shared or cloud resources, such as Ram Disks (use RAM memory as storage disk space), which abuses resources and compromises the integrity of the cloud environment.

6.4WonderHost may also, at its discretion, restrict server to limited IOPS (Input Output Operations Per Second) where a Client’s use of available virtual resources is negatively affecting the overall environment.

6.5WonderHost reserves the right to move a Cloud server between our virtual environments and Internet backbones, both within South Africa and internationally as it deems necessary.

100% Website Uptime Guarantee

7.1WonderHost guarantees that its hosting services will attain 100% availability, subject to the following.

7.2The 100% website uptime guarantee is applicable only if the web server on which a Client’s  web hosting service resides crashes or goes down at an unscheduled time. This guarantee is not valid if there is any network problem between the Client and the web server which prevents the Client from seeing the web server, for instance. If the Client’s ISP’s link to the respective data centre goes down or is faulty, but the web server WonderHost hosts is still up, WonderHost is not responsible for the Client not being able to reach their website.

7.3WonderHost is not responsible if any third party operated network or service experiences problems and outages (i.e. all network infrastructure and links, Client’s internet connection, firewall service managed by external parties or domain name service providers). If the applicable web server is up and running at all times then the website will be deemed to have achieved 100% uptime.

7.4The 100% uptime guarantee does not apply to any scheduled downtime for maintenance of any of the WonderHost web servers. If there is scheduled maintenance to be done the Client will be notified in good time and the web server downtime will be kept to a minimum.

7.5The 100% uptime guarantee does not apply if WonderHost suspends the Client’s Service as allowed in terms of this Agreement.

7.6Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services.

7.7Disputes arising out of the Uptime Guarantee must be submitted in writing and claims may not exceed fees paid (either monthly or on a pro-rata basis) to WonderHost for services not received during downtime. No direct or indirect losses or damages resulting from downtime may be claimed. Service Level commitments will also be taken into account when reviewing disputes. Where agreed provisions have been met, such disputes will be dismissed.

7.8The Services provide access to the internet, which is subject to bandwidth constraints, system failures and all manner of other factors that may impact on the Client’s access, for which WonderHost accepts no responsibility.

Use at Client’s Risk

8.1WonderHost will exercise no control whatsoever over the content of the material hosted on, or the information passing through the WonderHost network and in no way moderates such content.

8.2Clients expressly agree that use of WonderHost’s Server(s) and Services are at the Client’s sole risk.

Spam/Virus Filtering

9.1WonderHost provides a spam and virus filtering system to protect Clients from unsolicited mail and viruses. The Client acknowledges that this system might incorrectly identify a valid message as spam or as a virus and consequently this message might not be delivered to the Client. The Client acknowledges and agrees that WonderHost shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.

9.2WonderHost reserves the right to examine incoming or outgoing mail to the extent necessary to determine if it is classified as spam or malicious.

Webmail

10.1Webmail and other web-based email services made available by WonderHost are provided on an “as is” basis without representations, warranties or conditions of any kind, and the Client acknowledges and agrees that WonderHost shall have no responsibility for, or liability in respect of, any aspect of the webmail services, including without limitation for any lost or damaged data or any acts or omissions of WonderHost. As webmail storage space is limited, some webmail messages may not be processed due to space constraints or message limitations.

Limitation on Mail Size

11.1Individual mail sent to the Client’s POP3/IMAP box or forwarded to the Client’s existing email address may be limited to 3000kB in size each.

Takedown Notice Procedure

12.1In terms of section 75 of the Electronic Communications and Transactions Act (“the ECT Act”) the Internet Service Providers’ Association (ISPA) can instruct WonderHost to perform a site takedown upon receipt of notification of infringements as defined in Section 77 of the Act.

Any enquiries can be directed to ISPA at:

  • Postal address: PO Box 518, Noordwyk, 1687, Midrand
  • Tel: 010 500 1200
  • Email: takedown@ispa.org.za

Should WonderHost receive a takedown notice from ISPA, WonderHost will endeavour to:

  1. Notify the Client in good time of the takedown notice.
  2. Allow the Client reasonable time to remove the disputed, illegal or infringing content.
  3. Takedown any sites or services which are included in the ISPA takedown notice.

Retention of Rights

13.1WonderHost makes no claim to the intellectual property (such as data) of Clients hosted on their servers. However, all equipment remains the property of WonderHost and retention of data does not directly or indirectly give ownership of WonderHost hardware to Clients.

IP Addresses

14.1WonderHost will issue IP addresses to dedicated servers or to other hosting servers, either as part of the standard product, or upon request (subject to applicable fees). IP addresses will be assigned to Clients at WonderHost’s discretion and on a first come first serve basis.

Software Updates

15.1WonderHost will be responsible for updates to Operating Systems and Shared Libraries on Shared Hosting Servers.

15.2WonderHost will only effect software updates to Operating Systems on Managed Dedicated Servers (including cloud servers). WonderHost will not effect other updates on Managed or Unmanaged servers, as this is not part of the service offered.

Disclaimers, Limitations and Indemnities

16.1WonderHost will not be liable for any loss or damage, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, delict, or otherwise which may be suffered as a result of or which may be attributable, directly or indirectly, to the use and/or registration of the Client’s selected domain names/s OR ANY ACTION TAKEN BY WONDERHOST IN RESPONSE TO THE ABUSE OF THE DOMAIN REGISTRATION SERVICES WHICH IT OFFERS.

16.2The Client hereby indemnifies and holds harmless WonderHost against any loss whatsoever arising from any dispute or claim or other action occasioned by the Client’s use and registration of its selected Domain Name, even if WonderHost has been advised of the possibility of such damages;

16.3WonderHost will not be liable for any indirect or consequential loss, damage, cost or expense of any kind, irrespective of how such damage or loss was caused, whether arising under contract, delict or otherwise, including, and not limited to, data loss or corruption, loss of profits, contracts, operation time and goodwill.

16.4Neither WonderHost, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that WonderHost’s Server service will not be interrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the WonderHost Server service, unless otherwise expressly stated in this Agreement.

16.5WonderHost expressly limits its liability to the Client for damages suffered due to any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. WonderHost specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

16.6WonderHost is not responsible if an external company network and firewall is setup to block access to services WonderHost provides. If a Client’s network is setup to block certain ports or web addresses that compromise the services WonderHost provides it is the Client’s responsibility to ensure that their network configurations are changed as necessary.

16.7Clients also hereby indemnify WonderHost against any 3rd party claims against themselves as resellers or services provided to the public or privately. Clients will be solely liable to external parties for losses and may, in no way, petition WonderHost to share or cover such losses or liability, either directly or indirectly. WonderHost is also indemnified from direct claims from Clients for losses incurred due to 3rd party actions or claims.

Web design & building service

Introduction

1.1In addition to the General Terms, these terms and conditions govern the use of the WonderHost Web design and build Packages. By contracting with Wonderhost for the services a Client will be lawfully regarded as having agreed to their use of the services specified being governed by this Agreement.

Payment & Suspension

2.1WonderHost reserves its rights to change its prices at any time on reasonable notice, which will not be less than 30 days, as per the minimum term of a month to month agreement.

2.2Debit Order Authorisation – refer to clause 10 in General Terms.

2.3Services which have been suspended for non-payment of Fees will remain suspended until payment has been made and the Service is reconnected. The Client will not be credited for Services that would otherwise have been available to the Client during the period of suspension.

2.4In the case of a website being suspended due to non-payment a reconnection fee will be payable before the website is unsuspended. An additional waiting period of up to 72 hours may be imposed in the case of multiple payment bounces.

Design

3.1WonderHost may make use of pre-designed templates that WONDERHOST customises to suit your business look and feel. Customisation includes the following:

  • 3.1.1Addition of Clients Logo, Images, Copy, Fonts and Colour scheme.
  • 3.1.2It is the clients sole responsibility to provide WonderHost with all the necessary brand assets for successful completion of their website.

Content

4.1It is the client’s sole responsibility to provide WonderHost with the content for their website.

4.2WonderHost offers copywriting services at their discretion. The information provided by the Client will be used “as is” for the content for the website unless otherwise agreed by both parties or stipulated by a service offering.

4.3It is the client’s sole responsibility to ensure that the content, images, trademarks and other artwork supplied to WonderHost for the use of the website, are owned by the client, or that the client has the necessary permission from the rightful owner to make use of such content. WonderHost, accepts no responsibility in the event that such ownership, or right of use is legally disputed.

Maintenance

5.1Client will have access to a predefined number of maintenance hours per month dependent on their current package.

5.2Unused Maintenance Hours do not roll over into the next month.

5.3Should the Client use more than their allocated number of maintenance hours they will be billed per hour thereafter. WonderHost will notify the Client that their allocated hours are finished and what the cost will be should they wish to proceed with the additional maintenance.

Wonderhost Inbound Link

6.1Wonderhost reserves the right to place a link to the Wonderhost website (https://www.wonderhost.co.za/) within the footer of the design / developed website, unless otherwise agreed upon.

Onsite SEO

7.1WonderHost offers Basic Onsite SEO (Search Engine Optimisation) with this service which includes the following:

  • Site Title
  • Site Description
  • Google Submission

7.2WonderHost offer no promises that a site will be indexed by Google or that it will appear within the first pages of the Google search results pages.

7.3WonderHost accepts no responsibility for a drop in Google rankings.

7.4Clients may request additional SEO and copywriting services from WonderHost should they require additional or advanced SEO services.

Cancellation

8.1This service operates on Month-to-Month contracts. Either the Client or WonderHost may terminate this Service, by giving one calendar month’s notice to the other.

8.2Should the Client cancel this service, the Client can move the website created by WonderHost to another hosting company for a fee of R2250. The website design is included and limited to the WonderHost Website packages, and remains the property of WonderHost but can be purchased by Client when wanting to move.

8.3Cancellation, by the Client or WonderHost, will result in any data being permanently removed from the WonderHost servers. Clients are solely responsible for ensuring that backups are made of web content and email data, or any other data stored on their hosting space. WonderHost will not be liable for loss of data, or be obliged to provide any such data once the hosting contract term has expired. Any backups made by WonderHost will be made for legal purposes and not for data retention purposes and will not necessarily be made available to Clients on request.

Backups

9.1Clients are solely responsible for backing up their data and WONDERHOST strongly encourages ALL Clients to do so as frequently and completely as possible. WONDERHOST will not be liable for any data loss or any other losses or damages related to backups or data recovery without exception.

Custom Website Projects

Specifications and Payment terms

1.1Once a quote has been accepted, a 50% deposit is required before development commences. The remaining balance will be paid upon completion of the project according to the project’s specifications, or on presentation of the relevant invoice. If any development outside of the original project specifications is required, WonderHost reserves the right to amend the total amount quoted according to our standard hourly rate, or as agreed upon prior to the commencement of the additional work requested.

1.2Additionally, no design or development work will begin, unless WonderHost has been provided with all content and specification documents necessary to complete the project, by the client.

1.3Should the project not be completed within 12 months subsequent to payment of the 50% invoice, and such delay has been caused by;

  • the client’s failure to provide all necessary content & project specifications as described in point 1.2;
  • timeous approval of the various stages of the project; the 50% deposit will expire and the paid amount will be forfeited. In such a case, WonderHost shall cease all work on the project and re-issue a second 50% invoice to the client, which shall also include any work completed, but not previously invoiced for.

Content

2.1Any additional data capturing done as a result of incorrect or non-electronic formats provided, will be billed for according to our standard hourly rate. Content embedded within an image is not considered a usable format as it requires re-typing. All source code and design is the intellectual property of WonderHost.

2.2WonderHost ensures that all information and data provided by the client remains confidential.

2.3It is the client’s sole responsibility to ensure that the content, images, trademarks and other artwork supplied to WonderHost for the use of the project, are owned by the client, or that the client has the necessary permission from the rightful owner to make use of such content. WonderHost, accepts no responsibility in the event that such ownership, or right of use is legally disputed.

Design Phase

3.1Development of the website will not begin until a design has been formally signed off by the client, or if written approval of a design concept has been given.

3.2WonderHost reserves the right to charge for any design changes required after sign off, according to our standard hourly rate.

3.3WonderHost will provide one design concept for a small website, ie. a website containing 5 pages or less.

3.4WonderHost will provide two design concepts for a large website, ie. a website of 5-10 pages.

3.5WonderHost will provide three design concepts for larger websites.

3.6Should additional design concepts be requested, a fee will be charged per design concept as presented by a quotation.

3.8WonderHost will complete 3 design changes to the chosen design concept at no extra charge. Should more than 3 changes be requested, an additional fee will be charged according to our standard hourly rate.

3.5Within 10 to 14 working days from date of payment of the 50% deposit, WonderHost will provide the client with the first drafts of the design concept.

Development Phase

4.1A staging site and link will be created for the client to view the progress of the site’s development.

4.2No design changes can be affected during the staging site stage. If changes are required at this phase of the project a minimum of 2 hours at our hourly rate will be invoiced for.

4.3Final launch of the complete project will occur;

  • 4.3.1Once the staging phase has been formally signed off by the client, and;
  • 4.3.2Once final payment has been made.

4.4WonderHost reserves the right to charge for any development updates or additions required after sign off of the development phase, according to our standard hourly rate.

Bug Fixes

5.1Bugs are considered anything that prevent the developed product from functioning according to the website specifications given, after launch of the website. Bug fixes are included in monthly website maintenance.

5.2Aesthetic changes to the final, client approved design concept, are not considered as bug fixes, and will be charged for according to our standard hourly rate, or as agreed upon prior to the commencement of the additional changes.

Wonderhost Inbound Link

6.1Wonderhost reserves the right to place a link to the Wonderhost website (http://www.wonderhost.co.za) within the footer of the design / developed website, unless otherwise agreed upon.

Final Launch

7.1Launch of the final website will occur after Wonderhost has received the final proof of payment. Launch will occur within normal office hours, being 0800h to 1700h, Mondays to Fridays and excludes public holidays.

7.2If the final proof of payment is received before 1200h on any given working day, launch will occur that same day. If the proof of payment is received after 1200, launch will occur the following working day.

7.3Should Wonderhost be required to launch over a weekend, public holiday, or outside of normal office hours, an additional fee will be charged according to our standard hourly rate.

7.4A website can take anywhere from 24 to 48 hours before it will be live.

7.5WONDERHOST provides the clients domain name provider with the DNS records to take the site live. Although propagation generally takes 24 to 48 hours before a site is live we cannot be held responsible for any third part delays in this regard.

Support

  • We offer our Services ‘as is’, with no implied meaning that all Services will function exactly as you wish or with all 3rd party components and plugins.
  • Support is provided by Live Chat on the WonderHost site. Any issues that can’t be immediately or easily answered via Live Chat will result in the creation of a support ticket for ongoing follow-up and tracking.
  • We commit to having our support team available during normal working hours, and that average Live Chat wait times will be under 15 minutes. Resolution times of issues will depend on the complexity, support queue, and the availability of the appropriate staff member to address the issue.
  • We will do our utmost to support anything WonderHost related, however, some requests may require complex or custom work which is beyond the scope of what we can reasonably provide. We reserve the right to determine which requests and levels of support that we can and can’t provide.
  • It is your responsibility to always obtain a backup of your site prior to requesting support or granting access to support staff. Further, you take full responsibility for lost content or any downtime as a result of support – both on staging and production sites. We strongly recommend that troubleshooting take place on staging environments first whenever possible.
  • In order to receive support for any Service, you must be using the most recent version of our products. WonderHost makes no guarantees and cannot provide support to anyone using outdated or otherwise altered versions of our products.
  • We offer support via email at support@wonderhost.co.za.

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