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Hosting Services Terms and Conditions Agreement

Last modified on: 29 January 2020

Acceptance of This Agreement

Your access to and use of Glow.digital Hosting Services and the associated services of the Publisher together known as Glow.digital Hosting Services is subject exclusively to the Terms and Conditions contained within this agreement in addition to our Terms of Use Agreement. You (“the Client”) will not use the Glow.digital Hosting Services for any purpose that is unlawful, inappropriate, unsafe, misleading or prohibited by these Terms and Conditions. By using the Glow.digital Hosting Services you agree and accept the terms, conditions and disclaimers contained in this agreement and our Terms of Use Agreement together. If you do not accept these Terms and Conditions you must immediately contact us to cancel your services with us, subject to our cancellation policy.

Terms

The Glow.digital Hosting Services and the environment are offered without uptime guarantees unless specifically stated in writing through an SLA agreement. From experience and security benefits, we offer International Hosting. International Hosting refers to servers physically hosted outside the boundaries of South Africa.

Neither Glow.digital, its employees, affiliates, agents, third party information providers, merchants, licensors or the like, warrant that Glow.digital Hosting Services 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 Glow.digital Hosting Services or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Glow.digital Hosting Services, unless otherwise expressly stated in this Agreement.

Glow.digital expressly limits its damages to the Client for any non-accessibility time or other downtimes during the system unavailability. Glow.digital specifically denies any responsibilities for any damages arising as a consequence of such unavailability. The Client indemnifies Glow.digital against any loss or damage whatsoever, which may arise from the use of any third-party software, add-ons or plugins available through our hosting services or platforms.

Security

Any security breaches, viruses, hacking or any such activity as a result of the Client, or the Client’s users, leaked passwords etc, that cause damage or loss to the shared hosting environment will result in additional charges and termination of the Client’s services. It is important to maintain a security policy and training for your users and keep your anti-virus, software, plugins etc. all up to date.

External Connectivity

Glow.digital is not responsible for external company network speed, connectivity and stability that could impact access to the Hosting Services. Glow.digital is not responsible for the Client’s users access to services, ability to configure services (such as email). Glow.digital is not responsible if an external company network and firewall is setup to block access to services Glow.digital provides. If a Client’s network is set up to block certain ports or web addresses that compromise the services Glow.digital provides it is the Client’s responsibility to ensure that their network configurations are changed as necessary. Glow.digital endeavours to keep a backup of the domain, the backup is of the last 3 days content only. Whilst we endeavour to keep a weekly backup of content this can in no way be guaranteed, it is the Client/site owners responsibility to keep a local backup of their site/s at all times. Glow.digital will in no way be held responsible for any loss of content whatsoever.

Fair Use

Glow.digital may also, at its discretion, restrict servers performance of CPU and Memory where a Client use of available virtual resources is negatively affecting the overall environment. Glow.digital reserves the right to suggest suitable alternatives to the Client and/or charge for excessive traffic, CPU or Memory usage as it deems necessary, at its sole discretion. Most of our clients with busy sites and high usage are well within these performance limitations. Glow.digital Hosting Services services exclude any additional support on these services. All changes, backups, additions, updates, monitoring and maintenance are the responsibility of the Client who purchased the Glow.digital Hosting Service.

Fees, Billing and Support Services

Certain Web Hosting services are included for free subject to fair use and volumes. In exceptional high usage situations, there may be additional fees allocated to the Client-Server Hosting fees. These are exceptions usually due to high traffic volumes and in addition to bandwidth limitations, etc. An example is the high usage of Google services that exceed the free-usage policies of Google and then carry a charge from Google. Google Maps, Captcha, and similar services are an example.

On application and payment for the transfer of a hosting service the domain space is reserved on our hosting server. It is the Client’s responsibility to ensure that the transfer request from Glow.digital is accepted and to advise Glow.digital of any delays. The Client will be billed for the reserved hosting space regardless of the domain being transferred or not unless cancelled.

Glow.digital may at times, revise or amend its current Web Traffic and Disk Space offerings relating to traffic allocations and disk sizes. We balance our Fair Use Policy across our servers and total usage of traffic and disk space. This may result in restrictions at some point or additional costs in exceptional circumstances to the Client. 

Glow.digital offers support and consulting and other services for a fee in such cases as needed by the Client. These services will be separately quoted and invoiced for at the agreed rates with the Client. Some hosting may include basic support services with limited allocation of time, based on fair use of the support service. Internet architecture, Server Hosting, Website Hosting and all associated services are a complex system of related services and equipment that depend on both internal and external facilities and parties. Tracing faults and identifying problems can amount to additional costs to the Client should it be found to be a Client related cause. 

Our hosting services do not include Web Design Services or any Client support, either remote or onsite. These will be quoted and billed separately.

Payment for any fees due is strictly in advance of registration/renewal, payable by debit order or credit card. Should the Applicant fail to pay any of the fees contemplated within the periods stated, we reserve the right to terminate all services without notice, and without providing further access to facilities and data. Under no circumstances whatsoever will the Glow.digital be obliged to refund any fees paid.  

Annual fees need to be paid in advance within the required timeframe, for services such as domain registration and renewals, SSL certificate registrations and renewals. Some Web hosting services require licensed plugins and will be included in the website design quotes. These will be required to be paid annually in advance. 

Some hosting packages include an SSL certificate as part of the Hosting. This is subject to an annual commitment to the hosting package on a monthly fee. Should the Client cancel the services before the annual cycle is expired, then the full annual cost of the SSL certificate will be billed to the Client, or a pro-rata portion. 

Domain Names and Registrar Services

Glow.digital has not and does not conduct pre-registration searches in respect of the Client use and registration of its selected Domain Name/s and is therefore not obliged to either advise the Domain Name client/client about possible conflicting third party rights or to take steps to ensure against possible disputes concerning a third party’s intellectual property or other rights. Domain Names are registered by the respective Registrars on a first come first served basis we are therefore unable to guarantee that the domain name applied for will be available when the instruction is sent to the Registrar. Domain registrations are billed on an annual basis two (2) months in advance e.g. if the original registration date was on the 20th of January 2019 you will be billed your annual registration fee on the 1st of November 2020.

Trademarks and Third-Party Disputes

The Client acknowledges that the use or registration of the Domain Name by the Client must not interfere with or infringe the rights of any third party in any jurisdiction with respect to trademark, service mark, trade name, company name, close corporation name, copyright nor any other intellectual property right and that the Client has the right to use the Domain Name.

Glow.digital cannot act as an arbiter of disputes arising out of the registration and use of Domain Names. At the same time, the Client acknowledges that Glow.digital may be presented with evidence that a Domain Name registered by its Client violates the rights of a third party. In such instance, Glow.digital shall be allowed to provide a complainant with the Client’s name and address and all further communication will exclude Glow.digital and Glow.digital will have no further obligations to the Client. In such instances, the client shall be entitled to continue using the Domain Name registered by Glow.digital until a court or other body with jurisdiction directs otherwise.

Glow.digital 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 glow.digital in response to the abuse of the domain registration services which it offers.

The Client hereby indemnifies Glow.digital 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 Glow.digital has been advised of the possibility of such damages. Glow.digital 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.

Failure to pay the annual renewal fee or failing to respond to a renewal notification from Glow.digital will result in the domain name been deleted which will result in the domain becoming available to the public to register. Additional fees may apply to redeem a domain which has entered the deletion process.

Domain registrars will need to be set to point the name servers to our DNS servers for the domain hosting. We charge a processing fee for renewing, registering or for any domain Registrar related services.

Entire Agreement

These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between the User (you) and the Publisher relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.

Ownership

The domain glow.digital, the Website and all intellectual property contained within the Website and software are owned by the Publisher, Gavin Lloyd t/a Glow.digital.