Exclusive Web Hosting (PTY) LTD. (hereinafter referred to as "Exclusive Web") makes the following key commitments and will endeavour to:
The ICASA Code of Conduct Regulations 2008 stipulate the following (non-exhaustive) list of consumer rights held by subscribers and potential subscribers:
Information relating to:
Where applicable, we solely reserve the right to subject any application for services and/or products, including variations to existing services and/or products, to credit referencing and analysis by registered credit bureaux. You consent to the use of all information supplied for this purpose and for the purpose of compliance with the National Credit Act of 2005.
We will provide you with a copy of the written Terms and Conditions upon finalisation of a service agreement or as soon as is reasonably possible thereafter.
Where we affect alterations to the Terms and Conditions of our service to you we will inform of such alterations within a reasonable and fair period.
Any queries relating to this Code of Conduct should be directed to our General Enquiries Deparment.
This Code of Conduct forms part of the Terms and Conditions applicable to the use of our services and products and is incorporated therein.
Exclusive Web, at its sole discretion, reserves the right to change or modify any of the terms, conditions and operation of this website at anytime. By using this service, the user waives any rights or claims it may have against Exclusive Web, regarding such changes. Without limiting the foregoing, Exclusive Web shall not be liable to you or your business for any incidental, consequential, special or punitive damages, lost or imputed profits or royalties arising out of this agreement, or any goods or services provided, whether for breach of warranty or any obligation arising therefrom or otherwise, whether liability is asserted in contract or not (including negligence and strict product liability) and irrespective of whether you have been advised of the possibility of any such loss or damage.
Hereby, each party waives any claims that these exclusions deprive such party of an adequate remedy. You acknowledge that third party product and service providers advertise their products and services on the Exclusive Web website. Exclusive Web forms partnerships or alliances with some of these vendors from time to time in order to facilitate the provision of these products and services to you. However, you acknowledge and agree that at no time is Exclusive Web making any representation or warranty regarding any third party’s products or services, nor will Exclusive Web be liable to you or any third party for any claims arising from or in connection with such third party products and services. Hereby, you waive and disclaim any rights and claims you may have against Exclusive Web with respect to third party products and services, to the maximum extent allowable by law.
This Policy sets out the manner in which Exclusive Web manages personal information collected from or submitted by you, the user, when visiting Exclusive Web’s website(s).
“Personal Information” is as defined in the Promotion of Access to Information Act No 2 of 2000 (“PAIA”)
“user” means any person accessing any part of the website
We collect only necessary information and use it only for the purpose for which it is required.
We will neither sell your personal information to anyone, nor otherwise dispose of it to a third party other than as set out in the Policy. We will not attempt to obtain your permission to do so by deceptive means.
If we do not need the information anymore, we will delete any personal information held.
We do not retain or store any credit card information.
When you send us personally identifying information in an email, we use what you provide only to help us gather information you might request. In an effort to respond to your request, information you submit may be viewed by various people within Exclusive Web Once received, the information to your email is protected in accordance with this Policy.
In order to provide the best possible and most relevant service, we may use standard technology to collect information about the use of this site. This technology is not able to identify individual users but simply allows this website to collect statistics.
If you do not wish cookies to be employed, it is possible to change the manner in which your browser handles cookies. Please note that, if this is done, certain services on this website may not be available.
If you believe that your personal data which we may have is outdated or incorrect, please ask us to correct it by using our contact page. Please provide us with all the information we need to make the correction.
You can also request access to any relevant personal data held by us as set out in the Promotion of Access to Information Act 2 of 2000 (“PAIA”) and where such access is necessary for you to exercise and/or protect any of your rights. It is advisable to send us an email requesting the information you need.
While reasonable measures are taken to ensure the integrity and security of information submitted to this site, we may not be held liable for any loss or other damage sustained by a user or users as a result of the intentional or accidental release of information by an employee of the website owner or any third party.
Users and/or subscribers are prohibited from releasing their username and/or password to any other person or party.
This is a child-friendly website and we take into account the privacy and well-being of children when they are online.
Exclusive Web reserves the right to change or modify any of the terms and conditions contained in this agreement.
This is an agreement between you and Exclusive Web regarding your use of our services, products, interactive information, communications, intellectual property and server management service, and supersedes all prior agreements. All such usage shall be subject to the terms and conditions and policies set out in this agreement as read with the terms and conditions applicable to the relevant product or service (collectively, “the / this Agreement”).
This Agreement applies to all accounts, sub-accounts, and any alternative account names associated with your principal account. The Account Holder is responsible for the use of each account in any way, whether used under any name or by any individual, and for ensuring full compliance with this Agreement by all users of that account.
In circumstances of the Consumer Protection Act, 2008 (“the CPA”) being applicable to this Agreement, the provisions of the CPA shall prevail should there be a conflict between any provision of this Agreement and the provisions of the CPA.
By using Exclusive Web’s services, you agree to adhere to our Policies and Procedures, including this Acceptable Use Policy (AUP).
You are expected to use our services with respect, courtesy, and responsibility, giving due regard to the rights of other users. We expect you to have a basic understanding of how the Internet functions, the types of uses which are generally acceptable, and the types of uses which are unacceptable. Common sense is regarded as the best guide for what is considered acceptable use.
Illegality in any way or form including, but not limited to, activities such as unauthorised distribution or copying of copyrighted material, violation of export restrictions, harassment, fraud, trafficking in obscene material, child sexual abuse imagery or in any other way, drug dealing, and other illegal activities.
Our services and servers may be used strictly for lawful purposes. Storage, transmission or distribution of any material or part of it in violation of any applicable law or regulation is strictly prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorisation, and material that is obscene, defamatory, constitutes a legal threat, or violates export control laws. Examples of unacceptable content or links: “pirated software”, “hacker programs or archives”, “Warez sites”, “IRC Bots”, “illegal MP3s” etc.
Due to the nature of a shared web hosting environment, we reserve the right to ask customers to upgrade or correct issues pertaining to their shared or reseller web hosting package, should it negatively affect the network or server performance for the majority of our customers.
Our shared web hosting platform is intended for hosting a website with relevant, appropriate and legal content and function for a personal or small business without the concern of traffic overages. The use of the service should not be indicative for large scale enterprises or applications where a cloud server would be more suited.
We prohibit the use of the shared web hosting service disk space to be used for purposes other than its intended function: content hosting, personal and business email and relevant web files.
The use of any hosting services for hosting torrent boxes and/or running proxies is strictly forbidden. Servers continuously running a risk of supporting these types of services will be disabled and terminated from our network with immediate effect.
Posting of defamatory, scandalous, violent or private information about a person without their consent, intentionally inflicting pain or emotional distress, or violating trademarks, copyrights, or other intellectual property rights is strictly prohibited.
Any unacceptable use of the services constitutes a material breach of these Terms and Conditions of Use, and we fully and solely reserve our rights in this regard.
The provisions of this Policy are not meant to be exhaustive, but are intended as guidelines. Generally, any behaviour that breaches or violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is strictly prohibited. We reserve the right at all times to prohibit conduct that damages our reputation and goodwill in any way.
Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to, the following:
Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site’s mail server to relay mail without the express permission of the site or distributing, advertising or promoting products or software or services that have the primary purpose of encouraging or facilitating unsolicited commercial email or spam.
It is in violation of Exclusive Web’s Policy for customers to use our servers to effect or participate in any way in any of the following activities:
We reserve the right to suspend a service due to spam activity. A reactivation charge will be applicable.
Exclusive Web will be the sole arbiters and have a sole and complete discretion in determining what is seen as a violation of this Policy.
When we become aware of an alleged violation of our AUP (Acceptable Use Policy), we will initiate an investigation (within 24-48 hours). During the investigation we may restrict your access in order to prevent further possible unauthorised activity. If you are found in violation of our SPAM Policy, we may, at our sole discretion, restrict, suspend, or terminate your account and/or pursue other civil remedies. We also reserve the right to pursue civil remedies for any costs associated with the investigation of a substantiated Policy violation. If such violation is a criminal offence, we will notify the appropriate law enforcement department of such violation.
We do not issue service credits for any outages incurred through service disablement resulting from Policy violations.
You shall be held liable for any and all costs incurred by us as a result of your violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorised bulk mailings and/or news server violations.
First violations will result in a Cleanup Fee of R1500 and your account will be reviewed for possible immediate termination.
A second violation will result in Cleanup Fee of R3500 and immediate termination of your account.
The Customer who violates this Policy agrees to also pay Investigation Fees of no more than R1500 per hour that Exclusive Web personnel must spend to investigate any violations.
Exclusive Web may at times, with reasonable notice to customers, revise or amend its current Hosting offerings relating to price, features, traffic allocations and disk sizes.
Exclusive Web reserves the right to add, delete, or modify any provision of this Policy at any time without notice.
Any party seeking to report any violations to our Policy may submit a ticket to our Abuse Department
All queries related to website take downs may be directed to our Abuse Department
You agree that our entire liability, and your exclusive remedy, with respect to any Services provided under this Agreement and any violation of this Agreement is solely limited to the amount you paid for such Services. We and our contractors shall not be held liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services.
We disclaim any and all loss or liability resulting from, but not limited to, loss or liability resulting from:
You agree that we will not be liable for any loss of registration and use of your domain name, or for 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, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
Subject always to the provisions of the CPA, to the extent that it is applicable, our services are provided on an as is, as available, basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Exclusive Web expressly disclaims any representation or warranty that our services will be error-free, secure or uninterrupted.
No oral advice or written information given by Exclusive Web, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice as if it were a warranty.
Exclusive Web will use its best efforts to maintain a full-time Internet presence for the Account Holder. You hereby acknowledge that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error.
The terms of this Section will survive any termination of this Agreement.
You agree to indemnify and hold Exclusive Web harmless from any and all Claims resulting from or connected with any activities conducted by you. You and Exclusive Web will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement.
You agree not to store, transmit, link to, advertise or make available any images containing pornography through our Hosting services. Exclusive Web reserves the right to refuse service if any of the content within, or any links from, your website is deemed illegal, misleading, or obscene, or is otherwise in breach of these terms or Exclusive Web’s then current Acceptable Use Policy, in the sole and absolute opinion of Exclusive Web
Exclusive Web will not change passwords to any account without proof of identification, which is satisfactory to Exclusive Web, which may include written authorisation with signature. In the event of any partnership break-up, divorce or other legal problems that includes you, you understand that Exclusive Web will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Exclusive Web be liable for any losses incurred by you during this time of determination of ownership, or otherwise. You agree to indemnify and hold harmless Exclusive Web from any and all Claims arising from such ownership disputes.
You agree to indemnify and hold Exclusive Web and any other Account Holder harmless from any and all Claims resulting from your use of the services provided by Exclusive Web The terms of this Section will survive any termination of this Agreement.
You agree not to harm Exclusive Web, its reputation, computer systems, programming and/or other persons using Exclusive Web’s services.
The terms of this Section will survive any termination of this Agreement.
You agree that Exclusive Web may establish certain limits concerning the use of any of Exclusive Web services offered on any Exclusive Web website(s) including, without limitation, the maximum number of days that email messages will be retained by any Exclusive Web service, the maximum number of email messages that may be sent from or received by an account on any Exclusive Web service, the maximum size of an email message that may be sent from or received by an account on any Exclusive Web service, the maximum disk space that will be allotted on Exclusive Web’s servers on your behalf either cumulatively or for any particular service. You agree that Exclusive Web has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any Exclusive Web service. You acknowledge that the features, parameters or existence of any Exclusive Web service may change at any time.
Exclusive Web reserves the right to select the server for your website for best performance. You understand that the services provided by Exclusive Web are provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If your website overwhelms the server and causes complaints from other users, you have outgrown the realm of shared servers, and will need to relocate your website. If you refuse to comply with this Section, then Exclusive Web has the right to terminate the services provided to you without any refunds of the unused portion prepaid by you.
Your rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of Exclusive Web
You are responsible for maintaining the confidentiality of your password. In the event of a breach of security through your account, you will be liable for any unauthorised use of Exclusive Web services, including any damages resulting there from, until you notify Exclusive Web’s customer service.
The responsibility of all passwords and other related sensitive information is assumed by you, should any additional fee’s arise from resource consumption due to poor credentials (such as, but not limited to blank passwords or “test” accounts) no fault shall be levied on Exclusive Web
Exclusive Web assigns you an Internet Protocol (IP) address in connection with your use of the Exclusive Web services, the right to use that IP address will remain with and belong only to Exclusive Web, and you will have no right to use that IP address except as allowed by Exclusive Web in its sole and absolute discretion.
This Agreement constitutes the entire agreement between you and Exclusive Web with respect to the Exclusive Web services and supersedes all prior agreements between you and Exclusive Web Exclusive Web reserves the right to amend this Agreement from time to time. Any new version of the Agreement will be displayed on our Website together with the date on which it will become effective, which will never be less than 30 (thirty) days after the date on which it is first published. It is your obligation to visit our web site on a regular basis in order to determine whether any amendments have been made. Any use by you of the Exclusive Web services after the effective date of any such amendment, shall be deemed to constitute acceptance by you of such amendment.
Exclusive Web’s failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.
In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.
Save where otherwise provided for in this Agreement, if you:
then Exclusive Web shall be entitled, without prejudice to any of its other rights under this Agreement and/or in law and by giving written notice, to immediately cancel this Agreement or to claim immediate specific performance of all of your obligations whether or not due for performance.
The interpretation and enforcement of this Agreement shall be governed according to the laws of the Republic of South Africa (excluding its choice of law rules).
You consent to the jurisdiction of the South African courts.
The Exclusive Web services are provided from Port Elizabeth, South Africa, and this Agreement is deemed to have been entered into at Port Elizabeth.
Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery or by email. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested, with all postage and charges prepaid, and shall be deemed to have been received on the 5th Business day after posting. Emails shall be deemed to be received on the Business Day they are sent if sent before 16h00 on that day or on the next Business Day thereafter if sent after 16h00 on a Business Day or if sent on a non-business Day.
Exclusive Web reserves the right to amend the Acceptable Usage Policy for our Shared Hosting service as necessary. This is to ensure optimal performance across our network for the majority of our Shared Hosting clients.
Exclusive Web is engaged in supplying quality services to its customers. To ensure the integrity of the network and to offer customers fair and equal usage, Exclusive Web solely reserves the right to undertake the necessary steps to prevent excessive usage by the following means:
To ensure service levels within the Shared Hosting platform are maintained, Exclusive Web utilises various methods to protect its subscribers and associated systems from abuse which includes, but is not limited to, the following:
The User undertakes to use Exclusive Web’s services in accordance with any restrictions imposed under the following legislation:
All cases of violation of the above Acceptable Use Policy should be reported to our Abuse Department
Exclusive Web will provide you with an itemised bill or invoice on request or where this is specified as part of the services provided to you.
Accounts are due on invoice presentation date (“Due Date”) shown on all invoices received from Exclusive Web, unless agreed otherwise. Exclusive Web retains the right to impose, subject to a notice period of 7 Business Days, a credit limit on any of it’s customers as and when it sees fit.
Exclusive Web will provide a service to you, as chosen by you, for the period of time (“the Term”) corresponding with the payment plan specific to you or as otherwise specified in the product’s terms and conditions relating to the particular product or service supplied by Exclusive Web. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated.
In the event of non-payment of an invoice by the stipulated Due Date, without prejudice to any other rights that Exclusive Web has in terms of this Agreement or in law, Exclusive Web reserves the right to hold you liable for the total amount due pursuant to such invoice.
Interest of 2% per month may be charged on all overdue accounts.
Exclusive Web may halt or completely stop the supply of new services to you and/or terminate current services held by you if payment of any invoice is not made by the Due Date, or if an application for business rescue proceedings or liquidation is filed by or against the customer, or if the customer goes out of business or announces intention to do so.
If the supply of new services is stopped or the existing services are terminated, the full outstanding balance becomes due and payable immediately.
If you pay the amount due in full, you may have your existing services re-activated and also purchase new services.
If you neglect to pay the amount due in full, Exclusive Web will submit the full overdue amount for Collections. In the event of the account being handed over to an outside collection agency, any costs incurred as such will be for your own account.
In the event of suspension due to non-payment, Exclusive Web reserves the right to place a “non-payment” page on your domain. Furthermore, the DNS of your domain will remain unchanged until full payment for the outstanding balance on your account has been received.
Please note that admin fees apply in the event that your account is suspended due to non-payments.
Should a local domain, i.e. CO.ZA or .ORG.ZA, expire but fall within the stipulated grace period, a “Domain Rescue” fee will be applicable after successfully retaining the domain after the expiration thereof.
Should a local domain, i.e. CO.ZA or .ORG.ZA, expire and fall outside the stipulated grace period, a “Domain Rescue” will also be applicable upon the domain successfully being retained after the expiration thereof.
Should an international domain expire but fall within the stipulated grace period, a “Domain Rescue” fee will apply if the domain is retained after the expiration thereof. In cases where we are charged over and above the prescribed minimum fee by the Registrar, these fees will be carried over to the customer.
Should an international domain expire but fall outside of the stipulated grace period, a “Domain Rescue” fee will also apply if the domain is retained after the expiration thereof. In cases where we are charged over and above the prescribed minimum fee by the Registrar, these fees will be carried over to the customer.
Exclusive Web accepts the following payment methods. Credit Card (MasterCard and VISA) and Instant EFT. We recommend that you make payment via Credit Card. This way you stand less chance of forgetting to make your monthly payments.
A processing fee is charged on all returned debit orders.
The merchant outlet country at the time of presenting payment options to the cardholder is the Republic of South Africa and the transaction currency is South African Rand (ZAR).
Exclusive Web will only refund a customer in the event of their account having a credit balance.
Exclusive Web will process authorised refunds to customers every Wednesday.
Note that by default we operate on an end-of-term basis and, should you cancel a service, the service will be terminated at the end of your current billing period.
Domains are eligible to automatically renew for an extra one-year term upon expiry. Renewal notifications will be sent out prior to the renewal, and cancellations may be done before the renewal date.
Definition: “A downgrade occurs when changing your current package to a package with a lower cost.”
Example: Changing from a cPanel Business account at R199 to a cPanel Personal account at R79 would be considered a downgrade.
We require notification of downgrades on or before the 20th of each month, in order for the downgrade to take effect from the first day of the next month. If you do not provide this notice, you will be charged the full rate for the existing package in the following month
With the exception of any third-party materials and background technology, the Customer is deemed the owner of the Custom Website and Customer Content designed by Exclusive Web.
“Customer Content” refers to all content or information (including, but not limited to, any text, music, sound, photographs, video, graphics, data, or software), in any medium, provided by the Customer to Exclusive Web.
“Third-Party Materials” refers to any content, software, or other computer programming material that is owned by an entity other than Exclusive Web, and licensed by Exclusive Web or generally available to the public, including the Customer, under published licensing terms, and that Exclusive Web will use in the development of or to display or run a Custom Website. This excludes, without limitation any content, graphic, video, music, sound manipulation to images or video supplied by the Customer to Exclusive Web.
The graphics utilised from the graphics library of Exclusive Web (if requested) are licensed from third-party suppliers OR obtained on a free-to-use basis. Exclusive Web will provide the Customer a limited, personal, nonexclusive, nontransferable license to use the graphics during the term of this Agreement.
Should a customer decide to cancel the service, upon written request, Exclusive Web will deliver the source files and database script at a predetermined price, indicated upon request from the Customer. The Customer will be required to remit full payment of the fees prior to Exclusive Web providing the information via a method agreed upon between Exclusive Web and the Customer.
Exclusive Web will bill pro-rata from the time of signup.
Exclusive Web reserves the right to refuse any material that it considers offensive.
Is considered to be entered upon first presentation of the website design to the customer. The Review stage lasts 5 days at which point after the status of the website will then switch to Deployment. The automatic update of the review status will take place if Exclusive Web does not hear back from the customer regarding any amendments or changes that the customer wishes to effect. Should we receive communication during this timeframe, Exclusive Web will execute the changes and then present the customer with the modifications at which point the status of the Website will then move into a Deployment status. The customer will be able to make as many changes as they see fit during this 5-day period.
Is considered to be a final status and commences after the Review stage. The customer accepts that with no communication from them to Exclusive Web during a review process (5 days after the first presentation), Exclusive Web will accept the customer’s silence as assent to deploy their website.