Terms & Conditions
- We do not allow Adult, Warez, illegal MP3
Sites or IRC Bots.
- You may not store more data in your account
than your allotted virtual server space.
- Your virtual server (inc FTP and Telnet access) is
for your personal use only. You must not divulge the password to
any other person, and you should take reasonable precautions to ensure
that it is not discovered by other people.
- Data stored on our servers is not guaranteed
to be backed up. It is recommended that you keep an independent backup
of all data stored on your virtual server.
- You may not run server processes (eg.
talkers/IRC Bots) from your virtual server.
- We shall not be held liable for any loss or
damages caused by the use or misuse, unavailability or removal of
- When your account is closed, all files (including web
pages, etc.) will be deleted.
- We reserve the right to cancel your account at any
time without notice.
- We reserve the right to amend and update these Terms
and Conditions at any time without notice.
- To protect your privacy we never distribute your name
or e-mail address to any third parties.
- Users must not participate in any form of
un-solicited bulk e-mailing or spam.
- By logging into your account, or uploading files to
it, you are indicating your acceptance of these Terms and Conditions.
- There is no limit to the email accounts that you may
create for company use and employees. You may not resell email accounts,
aliases or auto responders or bundle them with a service that is sold or
offered to your customers or clients, without the express written
permission of SaHost.co.za.
- Our 30 day money back guarantee (applicable to fully
paid accounts only) excludes the refund of domain name registration
- If your bandwidth reaches the points where it has an
adverse affect on other clients we reserve the right to disable your
site until you can reduce your bandwidth usage.
- Each virtual server includes a nominated amount of
bandwidth, if you use more than this amount then you agree to pay for
this bandwidth at a rate of R1 per 1 MB.
- Commercial use of web and ftp space is permitted.
- You will be responsible for the content of your
pages, including obtaining the legal permission for any works they
include and ensuring that the contents of these pages do not violate RSA
- You will be held responsible for and accept
responsibility for any defamatory, confidential, secret or other
proprietary material available via your page(s).
- We reserve the right to remove material deemed
inappropriate from your web pages, without prior notice. SaHost Internet
Solutions do not allow adult, warez, illegal MP3 or 'File
Download' web sites on their servers.
- Credit accounts are available for government, health,
education and councils only
- If your account/service is activated before payment
is made then payment must be sent in full by return.
- If payment is not made in full within 14 days your
account may be deactivated.
LEGAL TERMS AND CONDITIONS
SaHost strives to offer all its clients a reliable and excellent level of
service. If you have any queries we would like to hear these. Please
e-mail us at support@SaHost.co.za or see the "Contact Us" section at the
Site for other contact details.
In these conditions, unless the context requires otherwise, the following
words shall have the following meanings:
- "CIS" means the customer
information sheet issued to you by SaHost from time to time and which
includes information on the Services including without limit Keywords,
bandwidth and scope of services
- "Client" or "you"
means the person, firm or company that has requested any Services;
- "Conditions" means the
standard terms and conditions of sale set out herein;
- "Contract" means any
contract for the provision of the Services;
- "IPRs" means any and all
intellectual property rights including without limit any and all
patents, design rights, database rights, copyright, know-how, moral
rights, trade secrets, confidential information, trade marks, service
marks, trade names and goodwill;
- "Keywords" means those
words notified to you by SaHost which control your access to some of the
Services including without limit your password and username;
- "SaHost" or "we"
means Cozahosting trading as SaHost;
- "Netiquette" means
generally accepted standards for use of the Internet such as but not
limited to sending bulk unsolicited e-mail, mail bombing,
misrepresenting that you have third party authorisation and
impersonating another person;
- "Server" means the
computer servers used to provide the Service;
- "Services" means any
services supplied or to be supplied by SaHost (which may include without
limit E-mail Forwarding, E-mail, POP accounts, e-commerce, Web Site
Hosting, FTP access, Domain Name Registration) as described in the quote
or acknowledgement of order issued by SaHost or as may be agreed from
time to time; and
- "Site" means the
Internet web site at www.SaHost.co.za.
Acceptance of Terms
- The Conditions set out the only terms on which SaHost
is prepared to provide you with the Services. The Conditions shall apply
to all Contracts and by clicking on accept below (where you request the
Services at the Site) and/or or by using the Services you accept this.
All other terms and conditions (other than those which are agreed in
writing between us) are excluded to the fullest extent permitted by law.
SaHost reserves the right to review and revise the Conditions from time
to time without prior notice and, by using the Services subsequent to
any revision of these Conditions, you agree to be bound by such changes.
Please review the following link on a regular basis for changes at
- Where appropriate, you agree to provide such
information about yourself as prompted by the Service's registration
form and ensure that it is at all times true, current, accurate and
complete. If it is not or we reasonably suspect it is not true, current,
accurate and complete then we shall be entitled to terminate the
Contract or suspend the Services until such time as we determine.
You must inform us immediately if you have any reason to
believe that any Keyword has become known to someone not authorised to
use it or if any Keyword is being or is likely to be used in an
unauthorised way or of any other breach of security.
- We are not liable for any loss of confidentiality or
for any damages arising from your failure to comply with these terms.
You will be entirely liable for all activities conducted and charges
incurred under your Keywords whether authorised by you or not.
- If you forget any Keyword you should contact us and
subject to you satisfying certain security checks you will be given a
new Keyword to enable you to use the Services. You may change your
password and registration details on-line at any time at the Control
- The Services shall be as described in the Site and
such other material as SaHost provides to you from time to time such as
without limit the CIS. We reserve the right at any time and from time to
time to amend, improve, correct, discontinue, temporarily or
permanently, the Services (or any part thereof) with or without notice
and you agree that SaHost shall not be liable to you or to any third
party for any such modification, suspension or discontinuance. We will
restore the Service as soon as reasonably practicable after temporary
- SaHost shall be entitled to restrict bandwidth made
available to the Client at any time in order to protect all and any
Internet solutions provided by SaHost from time to time when necessary.
- SaHost shall use its reasonable endeavors to ensure
that the Servers and the data contained therein are safeguarded from
damage, accident, fire, theft and unauthorised use.
Registration of Domain Names
The following shall apply where the Services include
or consist of domain name registration services:
- i)The Client acknowledges that, whilst SaHost shall
use its reasonable endeavors to successfully register the requested
domain name, SaHost shall not be obliged to accept any request to
register or continue to process any registration of a domain name.
- ii) The obligations of SaHost in relation to domain
name registration shall be limited to forwarding the application to the
relevant naming authority, providing reasonable administration services
in relation to the application and notifying the result of the
application within a reasonable period after communication from the
authority. SaHost will use reasonable endeavors to notify you of any
renewal dates however SaHost accepts no liability for any use or
retention of any domain name which is registered.
- iii) SaHost makes no representations or warranties
(expressed or implied) of any kind (and they are expressly disclaimed)
with respect to availability or likelihood of successful registration of
any domain name.
- iv) The Client shall check the domain name as
reported on any of the Company's documents sent to the Client, such as
the invoice, customer information sheet or otherwise, is spelt
correctly. In the event of any error, the Client should notify the
Company promptly and in any event within 24 hours of receiving such
- v) The Client shall at all times comply with the
terms and conditions (from time to time subsisting) for the registration
of domain names published by the relevant naming authority and generally
to the terms and conditions of any such authority having similar force
and to which the client may become subject as a result of services
provided by SaHost.
- vi) SaHost may from time to time change the registrar
that a domain is held with. The Client agrees to allow SaHost to do so
as it sees fit and without notice.
Obligations of the Client
- The current price payable for the Services shall be
published on the Site from time to time and confirmed at the time you
request us to provide any of the Services. The price is non-refundable.
SaHost shall be entitled to vary its prices from time to time however we
shall give you at least one month’s notice of such increase and if you
are not satisfied with such increase then you will be entitled to
terminate the Contract by giving us written notice within one month of
the date of the variation notice failing which you shall be deemed to
have agreed to the variation.
- The price covers permitted bandwidth (monthly
transfer limit) as stated on your CIS. If you exceed this limit then
SaHost reserves the right to make additional charges for usage above the
limit at the prevailing charge rate as stated on the Site. We will
endeavour to let you know if your bandwidth use exceeds the agreed level
however it is your responsibility to monitor the bandwidth being used by
you from time to time at the Control Panel.
- All prices quoted to the Client for the provision of
services by SaHost are exclusive of any value added tax for which the
Client may be additionally liable at the applicable rate.
- The price and all other amounts due under the
Contract shall be paid by the Client by the due date and in the currency
as specified in SaHost' invoice. Payment shall only be deemed received
by SaHost upon receipt of cleared funds. Payment shall be made in full
without any abatement, set off or deduction on any goods. Where you
authorise payment to be made by credit or debit card then such authority
shall be deemed as authority to SaHost to take all that the Client owes
under or in connection with the Contract.
- Where the Services include or consist of registration
of domain name services, SaHost shall be entitled to raise an invoice
for payment to the appropriate naming authority and for the hosting that
name specifying the date by which payment by the Client must be made.
Failure for any reason by the Client to make payment before the
specified date will entitle SaHost to release the Client's domain name
without any liability for loss suffered by the Client howsoever arising.
- It is of the essence of the Contract that the
Contract price and all other amounts due from the Client under the
Contract are paid on time. You shall be responsible for any and all
expenses incurred by SaHost in recovering overdue amounts and shall pay
interest on them (before and after judgment) at annual rate of 5% above
the base lending rate of Nedbank, South Africa calculated daily until
payment is made in full.
- Failure to settle all amounts within 14 days of the
due date may result in withholding of further Services and/or suspension
of existing Services.
- All IPRs relating to the Services provided by SaHost
are and shall remain the property of SaHost. All rights in the design
and arrangement of the Site, text and graphics and all software
compilations, underlying source code, and all other material on the Site
are reserved to of SaHost or its licensors. Except as expressly provided
below, nothing contained in these term of use or on the Site shall be
construed as conferring any license or right, by implication, estoppel
or otherwise, under copyright or other IPRs.
- SaHost, COZAHosting.com and COZADomains.com and all
other names, images, pictures, logos and icons identifying SaHost or its
services are trade marks of SaHost in South Africa and other countries.
Other product and company names mentioned on this Site may be trade
marks of their respective owners.
- The Client agrees to fully indemnify and keep SaHost,
its subsidiaries, affiliates, officers, partners, employees and agents
fully indemnified from and against all actions, demands, costs (on a
fully indemnity basis), losses, penalties, damages, liability, claims
and expenses (including but not limited to legal fees) whatsoever
arising from your breach of the Contract, your use or misuse of the
Services, any claims by third parties as to ownership or other rights to
use a Domain Name where one has been registered by or transferred to
SaHost at your request or arising in any way by the Client infringing
(whether innocently or knowingly) third party rights (including without
limit intellectual property rights).
- Nothing in the Contract or these Conditions shall
exclude or limit the liability of SaHost for death or personal injury
resulting from its negligence or fraudulent misrepresentation nor affect
the statutory rights of consumers.
- To the fullest extent permitted by law the Site and
its contents is provided by SaHost on an "as is" and "as available"
basis and no representations or warranties (expressed or implied) of any
kind are made (and they are expressly disclaimed) with respect to the
Services, the Site or its contents including, without limit, warranties
of merchantability and fitness for a particular purpose. Further, SaHost
does not represent or warrant that: (i) the Services will meet your
requirements; (ii) the Services will be uninterrupted, timely, secure,
or error-free; (iii) any results obtained from using the Services will
be accurate, complete or current.
- You acknowledge that the allocation of risk in this
contract reflects the price paid for the Services and that it is not
within the control of SaHost how or for what purposes the Services are
used. If any exclusion in this license is held to be invalid and SaHost
becomes liable for loss or damage that may lawfully be limited then such
liability shall be limited to the amount paid by you for the Services.
- SaHost shall have no liability to the Client for any
loss arising from any material, data or instructions supplied whether
digitally or otherwise by the Client or on its behalf which is
incomplete, inaccurate, illegible, out of sequence or in the wrong form
or arising from late arrival or non-arrival or any other fault by the
Client or on its behalf.
- SaHost is not responsible for any delay, malfunction,
non performance and/or other degradation of performance of any of the
Services caused by or resulting from any alteration, modification and/or
amendments due to changes and specifications requested or implemented by
the Client whether or not beyond the Services already supplied. SaHost
reserves the right to raise additional charges for any work so arising.
- If any Services are or become unavailable then SaHost
will use reasonable endeavours to repair and reinstate the service
within 24 hours of detection depending on the severity of the failure.
If failure is caused by the Client or any agent of the Client to whom
access to Servers was given then the Client shall pay all costs to
reinstate and/or repair the Server. Where such unavailability is due to
the negligent failure of SaHost to deal with circumstances within its
control and is for more than a total of 24 hours in any 30 day period or
for any 6 consecutive hour period then SaHost will at its discretion
either pay to you compensation limited to a refund of the fee paid by
you for the unavailable Services or provide you with a credit up to the
- Neither SaHost nor anyone else who has been involved
in the creation, production or supply of the Services shall be liable to
the Client or any other person for any loss in contract, tort (including
negligence or breach of statutory duty) or otherwise howsoever and
whatever the cause thereof by reason of or in connection with the
Contract or the Services for any:
(i) economic loss of any kind whatsoever, or
(ii) loss of profit, business contracts, revenues or anticipated
(iii) damage to the Client's reputation or goodwill, or
(iv) loss resulting from any claim made by any third party, or
(v) special, indirect or consequential loss or damage of any nature
whatsoever, and the Client shall indemnify SaHost from and against any
claim which may be made against SaHost in respect thereof. Some
jurisdictions do not allow the exclusion or limitation of implied
warranties or of liability for consequential or incidental damages and
therefore the above may not apply to you.
- If SaHost is prevented or delayed in or from
performing any of its obligations under the Conditions or the Contract
due to circumstances beyond its control such as but not limited to
governmental acts, war, riots, strikes or trade disputes (including by
and with our own employees), technical failure, general availability of
the Internet, power failure, communications failure, weather, flood,
fire or explosion, natural or local emergency SaHost shall not be liable
- All confidential information of either party or of
any of its customers disclosed to or discovered by the other as a result
of the provision of the Services shall be regarded as disclosed in
confidence and shall only be used in connection with the performance of
its obligations under the Contract and not be passed on to third party
and/or in any way be made use of at any time either during or after the
termination of the Contract save with consent of the other or which
comes into the public domain (otherwise than through the unauthorised
disclosure by the other).
- The Client shall promptly notify SaHost if it becomes
aware of a breach of confidence in relation to the Services and/or the
Contract and shall give SaHost all reasonable assistance in connection
with any proceedings SaHost may institute against a third party at
- For quality control purposes your telephone
conversations with SaHost staff may be recorded from time to time.
- The information you provide to us will be stored on
computer. We are committed to protecting your privacy. We and any of our
associated companies may use the information you provide us to provide a
more personalised service and to tell you about changes in our and their
service or any new services which we think you will find valuable. If
you object to any of these uses at any time, then please inform us by
writing to SaHost at the address set out in the "contact us" section at
the Site. We may also use such information where and to the extent of
any requirement to comply with any applicable law, legal process or to
enforce any of these Conditions.
- We will not monitor, edit or disclose the content's
of any private communications transmitted via the Servers unless
required to do so by law or in the good faith belief that such action is
necessary to conform or comply with applicable law, to protect and
defend the rights and/or property of SaHost or to protect the personal
safety of any of our clients or the public.
- Cookies are bits of electronic information that a web
site can transfer to your hard drive to help tailor and keep records of
your visit to the Site. Cookies allow us to better customise visits to
the Site to your individual preferences, helping us provide you with the
their use is standard on the Internet. Most Internet browsers
automatically accept cookies but you can change your settings so that
you are notified whenever you are sent a cookie.
- The Site may contain references or cross references
to services that are not available in every country. We do not represent
that all Services and content, materials and services on the Site are
appropriate or available for use in all geographic locations, and
accessing such from certain locations may be illegal and prohibited.
Your access to the content, materials and services on the Site from such
locations is at your own initiative and we are not responsible for your
compliance with local laws or other applicable laws. You will not access
the foregoing if prohibited by law.
- Any translation of these Conditions into a language
other than English is for the convenience of the Client only and it is
agreed that the English language version of these Conditions at http://www.SaHost.co.za/terms.asp
shall be relied on by the parties and shall prevail in the event of any
- Any failure or delay by either party in exercising
any rights or remedy will not constitute a waiver.
- Any notice or other communication to be given by a
party under this Agreement must be in writing and must be given by
delivery at or sending by first class post or by E-mail or facsimile
transmission to the last known postal, E-mail address or relevant
telecommunications number of the other party. Notices shall be deemed to
have been received when in the ordinary course of the means of
transmission it would be received by the addressee. To prove the giving
of a notice it shall be sufficient to show it was despatched. A notice
shall have been effect from the sooner of its actual or deemed receipt
by the addressee.
- Any termination of this Agreement shall be without
prejudice to any other rights or remedies which a party may be entitled
to hereunder or at law and shall not effect any previous rights or
liabilities of either party nor the coming into or continuance in force
of any provision hereof which is expressly or by implication intended to
come into continue in force upon or after such termination.
- If any provision of these Conditions is held by any
competent authority to be unlawful, invalid or unenforceable in whole or
in part then the provision shall be deemed to be severable from the
remaining provisions and shall not affect their validity or
- Your use of this Site and the Contract will be
governed by South African Law and will be deemed to have occurred and
been made in South Africa. If you have any disputes with us or any other
aspect of the Site then these will be exclusively resolved in the South
- The Client shall not share, re-sell or attempt to
share or re-sell the Services, transfer or attempt to transfer this
Contract or permit any third party to use and/or access any of the for
any purpose without prior consent of SaHost