Website Terms and Conditions

These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the Ehost Web Services (“the Provider”) website located at the domain name www.ehost.co.za (“the Website”).
By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice.
The User may not access, display, use, download, and/or otherwise copy or distribute content obtained on the Website for marketing or other purposes without the consent of the Provider.

Ehost.co.za are web consultants, a network and information provider connected to the Internet. Ehost.co.za offers storage, transfer, and hosting services to clients in Africa.

The client acknowledges that the Internet is neither owned nor controlled by any one entity; therefore, Ehost.co.za can make no guarantee that any given user shall be able to access Ehost.co.za’s servers at any given time. Ehost.co.za represents that it shall make every good faith effort to ensure that its servers are available as widely as possible and with as little service interruption as possible.

Ehost.co.za will specifically accept no liability for loss or damages, including consequential loss, in the event that the occurrence of such loss or damage relates to any situation beyond the business’s reasonable control.

Both Ehost.co.za and the client agree as follows:

Payment and Penalties

The member agrees to prepay client dues as agreed upon monthly.

This agreement will automatically renew either every month or every year unless cancelled in writing, giving 30 days’ written notice to Ehost.co.za at its corporate offices.
If a client terminates their account within the 30-day money-back guarantee period, only the hosting fee will be refunded and not the domain registration cost.

In the event of a fixed-term contract, the client may cancel the contract at any time for any reason by giving 20 working days’ notice, in which event Ehost.co.za will only charge the client a reasonable cancellation fee.

In the event of a fixed-term agreement, the client will be contacted between 40 to 80 business days before the date of proposed termination in writing in order to verify if they wish to continue with the agreement. This notification will include any changes in the existing terms of the agreement that will be applicable to the new period.

If a client’s payment is returned unpaid, a processing fee in the amount of R25.00 will be charged, and the hosting of the website will be suspended, subsequent to notifying the client accordingly and providing them with a reasonable opportunity to pay such amount.

If a client’s account becomes more than 30 days past due, Ehost.co.za will terminate the agreement if payment has not been received subsequent to giving the client 20 business days’ written notice to rectify such non-payment.

Ehost.co.za retains the right to suspend any services provided in light of non-payment, and to withhold such services until all arrears are settled in full on any and all products and services, and will not accept any liability or responsibility for delays, suspensions, or impact to services within the period that the amount outstanding remains unpaid.

Products and Services Offered

Ehost.co.za will exercise no control whatsoever over the content of the information passing through the network. Although Ehost.co.za endeavours to supply services of good quality, it makes no warranties or representations of any kind, whether express or implied, for the service rendered, to the extent that such service is subject to the assistance of third-party suppliers.

Ehost.co.za also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the client, including loss of data resulting from delays, non-deliveries, or service interruptions by any cause or errors or omissions of the client, in the event that the circumstances that lead to such damages being incurred were beyond the business’s reasonable control. Use of any information obtained by way of Ehost.co.za is at the client’s own risk, and Ehost.co.za specifically denies any responsibility for the accuracy or quality of information obtained through its services, unless the inaccuracy or inferior quality of the information was or reasonably should have been within Ehost.co.za’s reasonable knowledge or control.

Connection speed represents the speed of a connection to and does not represent guarantees of available end-to-end bandwidth. Ehost.co.za expressly limits its damages to the client for any non-accessibility time or other downtime to the pro-rata monthly charge during the system’s unavailability, unless the occurrence of such non-accessibility time or downtime has regard to any circumstances within the business’s reasonable control.

Ehost.co.za specifically denies any responsibility for damages arising as a consequence of such unavailability, unless the occurrence of such damages relates to any circumstances within the business’s reasonable control.

Ehost.co.za reserves the right to host any materials and may, at its option and at any time, reject such material, including but not limited to after it has been put on Ehost.co.za’s server. Ehost.co.za does not allow any adult material or related content to be hosted on its servers.

Ehost.co.za does not allow the hosting of online casinos or gambling websites, as it is illegal in both South Africa and Germany.

Ehost.co.za agrees to notify the client immediately of its refusal of the material and afford the client the opportunity to amend or modify the material to satisfy the needs and/or requirements of Ehost.co.za.

Ehost.co.za reserves the right to disclose pertinent information to registrars for public disclosure as per the terms and conditions of the registrar. Ehost.co.za will not be held liable for any claims of infringement of privacy by fulfilling such registration conditions.

If the client fails to modify the material, as directed by Ehost.co.za, within 20 working days of receiving a written notice requesting the client to modify such material, the agreement shall be deemed to be terminated.

Copyright and Intellectual Property Rights

Content displayed at this Website is provided by the Provider, its affiliates, subsidiaries, or third-party owners, and includes but is not limited to literary works, musical works, artistic works, sound recordings, cinematograph films, sound and television broadcasts, program-carrying signals, published editions, and computer programs (“the Content”).

All such proprietary works, and the compilation thereof, are copyrighted by the Provider, its affiliates or subsidiaries, or third-party owners (“the Owners”), and are protected by South African and international copyright laws.

The Provider reserves the right to make changes to the Website, the Content, or to products and/or services offered through the Website at any time and without notice.
All rights in and to the Content are reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted any license or right, including without limitation under copyright, trademark, patent, or other intellectual property rights in or to the Content.

Connectivity & Equipment

The client is responsible for providing all telephone, computer, hardware, and software equipment and services necessary to access Ehost.co.za.
The client must maintain a valid Internet email address and is responsible for notifying Ehost.co.za immediately of any changes in email address.

Legal Age

The client certifies that they are of legal age under the laws of their country of residence, and at least 18 years old if residing in South Africa.

Internet Etiquette

The client agrees to observe Internet etiquette.
Sending unsolicited emails is forbidden. Anyone who practices such tactics will have their Ehost.co.za account terminated.

The network resources of Ehost.co.za may not be used to impersonate another person or misrepresent authorisation to act on behalf of others or Ehost.co.za.
Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorised access.

Termination
Either party may terminate this agreement without cause by giving the other party 30 days’ written notice.

Notwithstanding the above, Ehost.co.za may terminate services under this agreement at any time, without penalty, in the event that the client is in breach of any material term and does not rectify such breach within 20 working days after receiving written notice from Ehost.co.za.

Limitation of Liability

The Website and all content thereon, including any current or future offers of products or services, are provided on an “as is” basis and may include inaccuracies or typographical errors.
The Provider accepts no liability for such errors, except where the circumstances leading to them were within the business’s reasonable control.

Neither the Provider nor any holding company, affiliate, or subsidiary shall be held responsible for any direct or indirect, special, consequential, or other damages of any kind suffered or incurred, related to the use of, or inability to access or use, the Content or the Website, even if the Provider is expressly advised thereof, unless the occurrence of such damages was within the business’s reasonable control.

Lawful Purpose

The client may only use Ehost.co.za’s servers for lawful purposes. Transmission of any material in violation of any federal, state, or local regulation is prohibited. This includes but is not limited to copyrighted material, threatening, obscene, pornographic, profane, or trade-secret material.
No refunds will be made within the 30-day money-back guarantee period if these rules are breached.

Indemnification

The client agrees to defend, indemnify, save, and hold Ehost.co.za harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorneys’ fees (“Liabilities”), asserted against Ehost.co.za, its agents, customers, officers, and employees, that may arise from any service or product provided by the client, unless the occurrence of such responsibilities relates to circumstances within the business’s reasonable control.

This includes:

1. Injury to person or property caused by any products sold or distributed in connection with Ehost.co.za’s server;

2. Any material supplied by the client infringing on the rights of a third party;

3. Copyright infringement;

4. Any defective product sold on Ehost.co.za’s server.

Reselling

Reselling is only allowed if the client purchased a Reseller Package. None of the other packages may be resold. This includes, but is not limited to, web storage space, POP email accounts, and autoresponders. Any client found in violation will have their account terminated and will not be eligible to join Ehost.co.za for one year.

Clients may display and resell advertisements of their customers and charge fees as they deem appropriate. An advertisement is defined as a single, non-scrolling HTML page contained within the client’s website and applicable solely to the client’s registered domain.

Electronic Communications

By using this Website or communicating with the Provider electronically, the User consents and acknowledges that all agreements, notices, disclosures, or other communications satisfy any legal requirement that such communications be in writing.

 E-Commerce & Privacy

The Website www.ehost.co.za sells web hosting space and domain registrations online.
The use of any product or service bought from this Website is at the purchaser’s risk. The purchaser indemnifies and holds the Provider harmless against any loss, injury, or damages sustained as a result of using products sold on the Website.

The private information required for executing orders (such as personal information, credit card details, delivery address, and phone numbers) will be kept in the strictest confidence by the Provider and will not be sold or made known to third parties. Only the necessary delivery details will be shared with couriers.
Credit card details are not stored by the Provider under any circumstances.

The Provider processes personal information in accordance with the Protection of Personal Information Act (POPIA) and only collects and uses data necessary to provide its services.

The Provider cannot be held responsible for security breaches occurring on the User’s device, which may result from lack of adequate virus protection software or spyware inadvertently installed.

The Provider will supply all goods to the delivery company in good order and will not be held liable for the condition of goods arriving at the User’s chosen delivery address, in the event that damages occurred after the goods were handed over to the delivery company.

Credit Card Acquiring / Payment Gateway

Credit card transactions are acquired by Payfast (Pty) Ltd, a registered systems operator and payment gateway in South Africa. Cardholders may visit www.payfast.co.za to view Payfast’s security policy.

Refund and Return Policy

The provision of goods is subject to availability. In cases of unavailability, the Provider will endeavour to supply the client with goods of similar or better quality and quantity at no extra cost.
If the client declines such an offer, the Provider will refund the client in full within 30 days.

The Provider reserves the right to cancel an order for which payment has already been received if stock has been discontinued or if it makes no commercial sense to continue with the order. Should the Provider exercise this right, the User will receive a full refund.

Any complaints regarding the standard and quality of the product or products bought through the Website should be directed to [email protected]

Updating of These Terms and Conditions

The Provider reserves the right to change, modify, add, or remove portions of these Terms and Conditions from time to time.
Changes will become effective upon written notice to the client. All recurring clients will be notified via a formal newsletter, and all non-recurring clients will be notified via a formal notice posted on the Website.

The User’s continued use of the Website following such updates will be considered acceptance of the amended Terms and Conditions.

Privacy: Casual Surfing

The User may visit the Website without providing personal information. The Website servers will, in such instances, collect the IP address of the User’s device, but not the email address or other identifying information.

This information is aggregated to measure usage statistics such as number of visits, time spent, and pages viewed.
The Provider assumes no obligation to protect this information and may use it without limitation.

Choice of Law

This Website is controlled, operated, and administered by the Provider from within the Republic of South Africa. Access to the Website from territories where its content or products are illegal is prohibited.

These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the High Court of South Africa (Gauteng Division, Johannesburg) in the event of any dispute.

If any provision of these Terms and Conditions is found invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remainder shall continue in full force and effect.

These Terms and Conditions constitute the entire agreement between the Provider and the User regarding the use of this Website.