Specific Terms and Conditions
These Specific Terms include:
(Last updated: March 2021)
xneelo (Pty) Limited (Registration No. 2005/023926/07) (“xneelo”) is a leading South African web hosting service provider that gives a range of web hosting Services to its Customers. We provide the Services to Customers subject to our Terms of Service.
1. Interpretation and Definitions
1.1. Unless the context clearly indicates to the contrary, any term defined in our Terms of Service will, when used in these Specific Terms, bear the same meaning as defined in our Terms of Service.
1.2. Unless the context clearly indicates to the contrary, the following words will have these meanings:
|Administrator and Registry||ZA Central Registry, the administrator of the .co.za Domain Name space.|
|Administrator Policies||The Administrator policies published by the Administrator from time to time located at www.registry.net.za.|
|Domain Names||An easy to remember name that points directly to your website. Xneelo hosts domain names as part of its Domain Service to customers.|
|Domain Services||The Services we provide to you in respect of the Domain Names as set out in these Special Terms.|
|Email the Services||We provide to you in the form of:
|Harmful Code||Any computer code that:
|Illegal Content||Content in violation of any law.|
|Location||The xneelo Data Centres situated in Cape Town and Johannesburg as well as in Germany or any other address we indicate to you.|
|Misrepresentation||By a Customer includes:
|Registrar||An entity such as xneelo who has been accredited by the Administrator to perform Domain Name related transactions in the .co.za Domain name space.|
|Registrant||The entity applying to register a Domain Name.|
|Server||The computer hardware, machinery, and equipment on which the software operates.|
|Server Hosting||The Services that we provide to you.|
|Software||The operating system and applications we provide to you.|
|System Abuse||Any conduct that does or may:
|Beta Services||Beta versions or features of our existing or new Services. (Beta Services Terms forms part of our Specific Terms, clause 8)|
|Trial Period||Duration of the Beta Services.|
2. Undertakings and Acknowledgements
2.1. We agree to use all reasonable steps to provide the Services to you on a continual basis, for the duration of the Agreement.
2.2. Although we take appropriate and reasonable measures to ensure that the Services are:
- Error free
- Up to date and
The Services are rendered “as is” and “as available” and are used at your own discretion and risk.
2.3. We will establish and maintain reasonable security measures to secure the integrity and confidentiality of any personal information that we host or store for you as referred to in Section 19 of the Protection of Personal Information Act 4 of 2013 (POPIA).
3. Hosting terms
3.1. xneelo is a member of the Internet Service Providers’ Association (ISPA). We abide by and uphold the ISPA Code of Conduct.
3.2. We provide Servers, space on shared Servers and hosting of Customer Servers, together with web services and email facilities for web sites controlled by individuals or companies that do not have their own web servers.
3.3. We will only be required to give you the Server type and configuration that is advertised at the time you decide to obtain the Service from us. If you are an existing Customer and you wish to upgrade to a new Server, we may charge you an additional setup fee.
3.4. We will use all reasonable steps to verify the identity of your representative that wishes to access your Server at the Location. However, we will not be liable for any loss or damage you suffer because of a non-authorised person gaining access to your Server at the Location. You must notify us in writing of your representatives who are entitled to access your Server at the Location.
3.5. If we find that you have breached any of these Specific Terms, we may exercise any rights we may have available to us in law, including (without notice) the right to terminate access to any Services, or suspend or terminate any Services (which may include the deletion of your data).
3.6. We have no knowledge of, nor interest in Customer content hosted on your behalf by xneelo on a Server or a shared hosting package. We also do not in any way contribute to or approve the content.
3.7. Nothing that we do in the performance of our obligations under the Service will be seen as an assumption of responsibility or liability by us as a result of any content. In particular, the limitation of liability in our Terms of Service will apply specifically to any loss, destruction, or corruption of your data, irrespective of the cause, including our negligence, your failure to back it up, us deleting it after the Service is terminated, and any system error or failure whether foreseen or unforeseen.
3.8. You are solely responsible for all bandwidth and traffic related to your hosting package. This includes regularly monitoring usage through xneelo’s Control Panel. You will be liable for any over-usage charges. Any traffic management and reporting tools we give you are given solely to assist you in this process. This does not free you from responsibility, or place any responsibility on us. If you decide to make use of any traffic management and reporting tools:
- All information will not be real time information and there will always be a one day delay in the furnishing of information.
- We will not be responsible for any traffic spikes, information or denial of service attacks, or any loss or damage you suffer because of the information not being provided in real time.
- We are not required to give you further information on traffic usage other than what is reported through xneelo Control Panel.
3.9. We are not responsible for any licensing of any software you use.
Network Uptime Guarantee
3.10. We guarantee that our network will be available 99.9% of the time in any given month, excluding scheduled maintenance. This means that you should not experience network downtime of more than 43 minutes in any month counted from the first day of every month.
- Network uptime includes functioning of all network infrastructure, including routers, switches, firewall, and cabling, but excludes services or software running on your server or hardware for self-managed hosting services.
- Network downtime exists when a:
- Managed Hosting or Custom Hosting Solutions (CHS) customer is unable to transmit and receive data to and from our Managed Service; or
- Self-Managed Hosting Customer is unable to ping the Server,
measured according to our monitoring system.
3.11. If network uptime is less than 99.9% (in other words downtime exceeds 43 minutes in a given month), we will credit you 5% of the base monthly fee for every 30 minutes of downtime (up to 100% of your monthly fee for the affected hosting service or server.
3.12. You will not receive any credit, should the problem be attributable to:
- a degradation of the Service outside our control;
- scheduled maintenance;
- a force majeure event;
- a DDoS attack against your server or hosting infrastructure;
- negligent customer acts or omissions; or
in the event of Managed Hosting and Custom Hosting Solutions (CHS) downtime, due to:
- failure of access circuits to our network;
- domain name server issues outside our direct control;
- DNS propagation; and
- outages elsewhere on the Internet that hinder access to your hosting services.
These exclusions will not apply where the problems arise from xneelo’s Server links to the Internet or our routers.
We are not responsible for browser or DNS caching that may make your website appear inaccessible when others can still access it.
in the event of Self-Managed Hosting:
- you requesting us to reinstall a version of the operating system software other than the latest version of the operating system software;
- you being unavailable which results in us being unable to establish contact with you to resolve the problem; or
- you failing to follow the prescribed procedure timeously or at all, as indicated in clause 3.44 below.
3.13. If you wish to exercise your right to a credit refund, you must request it by sending an email to either email@example.com or firstname.lastname@example.org (only for CHS customers). The request must include:
- your customer number and name, as reflected on your invoice;
- the date and approximate time of the network unavailability or problem; and
- domain, server name or server identification code, associated with your hosting service, in the subject line.
3.14. We must receive the request within 48 hours of the downtime or incident being reported, whichever occurs first. Only once we confirm the network unavailability according to our monitoring system, will we give you the credits. We will give you the credits within two billing cycles according to our Refund Policy. Despite anything to the contrary, the total amount we credit to you in a particular month will not exceed the total hosting fee you must pay for the month in question.
3.15. Where appropriate, we will maintain the software on our managed Servers.
3.16. xneelo will not be responsible for your use of any software that you may install (and any vulnerabilities including traffic generated as per clause 3.8 above that may result from the use of the software). You therefore use the software at your own risk.
Web Hosting (Shared Server)
3.17. We will make a package available on a Server, where the Server is shared with other Customers. The Server will (at all times) remain our property. We will set up the Server according to our standard managed hosting Server configuration, at the Location on your behalf. We will not be responsible for the use of software you install (and for any vulnerabilities including traffic generated as per clause 3.8 above below, that may result from the use of the software). You use the software at your own risk.
Managed Servers (Dedicated Server)
3.18. We will make a Server available to you for your own exclusive use. The Server will at all times remain xneelo’s property. We will set up and manage the Server at the Location on your behalf.
3.19. All Server log files remain xneelo’s property. If you ask us to give you a server log file, we will give you a copy of the relevant log file.
3.20. You must not remove the Server from a Location.
3.21. We will manage the Server, including the hardware, software, and upgrades at our sole discretion.
3.22. Clause 3.8. above, will also apply to these Services.
3.23. If the Server becomes the target or source of any form of denial of service attack and xneelo believes that there is no other possible solution at that point in time, we may disconnect the Server from the network.
Managed WordPress (MWP)
Description of Service
3.24. MWP is a specific type of hosting service, available to you on our web hosting packages, where we optimise and manage all technical aspects of WordPress hosting, allowing you to build a website..
3.25. Managed WordPress can be run, free of charge, for a limited trial period, before it expires, irrespective of whether the service was used during that period. Upon expiration of the period, access to MWP and its features are disabled pending payment. We reserve the right to determine the length of the trial period and to change the feature offering made available during such trial period.
3.26. MWP includes a full set of backup and restore features, of which you have access to the thirty most recent ones. Daily backups are set by default and a first backup is generated automatically, however, you have the option to customise your backup schedule to work more effectively for you.
3.27. We maintain and support the installation, functionality and operation of the software and applications, specifically developed by us for MWP, which include but are not limited to themes, plugins, starter sites and Gutenberg blocks.
3.28. WordPress is a third party open-source software, issues or bugs within WordPress Core are outside our support capabilities. As such, when we update the code, we will not be responsible for loss, damage or vulnerabilities as a result thereof, see clause 6 below.
3.29. To ensure a stable and secure environment, we will determine the version of WordPress deployed on the MWP Hosting service, which may not be the latest. This includes WordPress Core. You will only be able to upgrade or downgrade WordPress, using our curated version of the MWP software.
Third Party Services (plugins, themes or blocks)
3.30. While using MWP, you may enable, use or purchase third party services, developed by third parties that are not vetted, endorsed or controlled by us. Using Third-Party Services is at your own risk, we expressly disclaim any responsibility or liability to anyone for its services.
3.31. You are responsible for the manual installation, updates and the operation of any and all Third-Party Services, other than those provided by us, with MWP.
3.32. WordPress customisations, including customisations made to our provided themes and plugins, are your responsibility to maintain and support.
3.33. You are responsible for any custom scripts. We do not troubleshoot or provide any support relating to malfunctioning scripts.
3.34. We will make a Server available to you, installed with the latest version of an operating system, from a list of available options we give you. If you elect to have a Microsoft operating system installed that we provide, you are bound by the licensing terms & conditions of the relevant Microsoft Software with effect from when the Microsoft Software is first installed on the Server.
3.35. You will manage the operating system and all software on the Server. Xneelo will not and has no obligation to get involved in any aspect of managing the Server apart from the hardware.
3.36. The allocated Server remains xneelo’s sole property.
3.37. If you request any deviation from the standard hardware offering we will give the non-standard hardware, but the cost will be passed directly on to you. The hardware remains our property. If you opt for an on-site spare for the hardware, the spare components will remain your property.
3.38. If your Server becomes the target or source of any form of denial of service attack, we reserve the right to disconnect the Server from the network if we find that no other solution is possible at that stage.
3.39. We will not be responsible for your use of any software that you may install (and any vulnerabilities including traffic generated as per clause 3.8 above that may result from the use of the software). You use the software at your own risk.
3.40. Clause 3.8 will also apply to these Services.
3.41. We are not responsible for any licensing of any software you use, other than where you are leasing Microsoft software through xneelo.
Self-Managed Server Hardware Guarantee
3.42. We will give you the following support. The repair or replacement of:
- Network interface cards;
- Patch cables;
- Hard drives;
- Central processing units (CPUs);
- Fans that cause a CPU to fail;
- Power supplies; and
- (“Self-Managed Server Problems”)
at no cost to you. If we need to install a new operating system, we must do so with the latest version of the operating system, unless you request otherwise
Support and Service Level Guarantee
3.43. This guarantee only applies to Self-Managed Hosting Customers. We will try to respond to and resolve all Self-Managed server Problems that specifically relate to Server hardware within 90 minutes of you reporting the problem to us over the phone.
3.44. If we do not Resolve (as defined below) the Self-Managed server Problem within 90 (Ninety) minutes, or the extended period xneelo may advise, we will give you a credit equal to one month’s worth of the base hosting fee. For purposes of this clause, ”Resolving” means that the Root Server originally provided by xneelo responds to a ping as measured by our network monitoring system. If your Self-Managed Server has not been configured to respond to ping requests, you must provide us with another way of determining that the Server is visible on the network. If you do not do this we will be relieved of our obligations under this clause.
3.45. You must also understand that Server restore time from a back-up depends on the volume of data to be retrieved, which could result in several hours downtime. In such a case, we are not obliged to give you a credit.
3.46. The colocation product provides you with only a rack, power connection and data connection.You must supply your own Server(s) and peripherals.
3.47. You remain solely responsible for all equipment that you install in your rack. We will be responsible for the Location the rack is stored in and for the network connection only.
3.48. You are solely responsible for all bandwidth and traffic related to your hosting service and are liable for all traffic charges. This includes regularly monitoring usage through xneelo Control Panel . Note, only traffic provided by xneelo will be visible in xneelo Control Panel. Any traffic management and reporting tools we give you are given solely to assist you in this process. This does not free you from responsibility, or place any responsibility on us. If you decide to use the xneelo Control Panel traffic monitoring tool, please be aware that the information will not be real time information and there will always be a one day delay in the furnishing of information; we will not be responsible for any traffic spikes, information or denial of service attacks, or any loss or damage you suffer because of the information not being provided in real time.
3.49. If your Server(s) or network components become the target or source of any form of denial of service attack, we may disconnect you from the network if we find that no other solution is possible at that stage.
3.50. It is your responsibility to manage and ensure that your peak power usage does not exceed 20A for a full rack and 10A for a half rack. We will monitor your usage and if you are consistently exceeding this threshold, you will be notified thereof. Failure to remedy such default within 14 (Fourteen) days after having received a written notification to do so may be considered a breach of these Specific Terms.
3.51. You are to ensure that your use of our services does not have a detrimental effect on the operations within our Data Centres or that of other Colocation Customers’ equipment, including but not limited to heat distribution and cable management within your rack(s); adhering to electrical compliance, access control and security policies and removal of flammable materials.
3.52. We have provided a resilient infrastructure at the location and have taken reasonable precautions to protect your server(s) and equipment. We are confident that you will have a positive experience while hosting in our facility. Should, despite these best efforts, something happen, we will not be liable for any loss or damage as a result of any failure on our part.
3.53. You must at all times adhere to the standard health and safety guidelines laid down for customers entering the Location. We may deny you access to the Location if we at any time have reason to believe that you are failing to comply with the procedures and guidelines.
3.54. We may temporarily suspend our colocation services to repair, maintain, upgrade, modify, replace or improve any of its colocation services. We will provide 14 (Fourteen) days prior notice of any service suspension to you. However, we will not be held liable for any resulting loss or damage suffered as a result of the service suspension.
3.55. We may terminate any colocation services on 30 (thirty) days written notice to you.
3.56. If either party fails to comply with any of its obligations or commit a breach of this Agreement and fail to remedy such default or breach within 7 (seven) days after having received a written notice to do so, or be placed in provisional or final liquidation or sequestration, or judicial management, or enter into any compromise arrangements with its creditors, or fail to satisfy a judgment taken against it within 10 business days, then the other party will be entitled to cancel the Agreement on written notice to the defaulting party. The provisions of this clause will not affect the rights of the parties to claim damages in respect of a breach of any of the provisions of this Agreement.
3.57. Neither party will be responsible for any indirect, incidental, special, or consequential damages or losses arising from the Agreement. This includes loss of profits, revenue, anticipated savings, business transactions, goodwill or other contracts. It is irrelevant if this is due to negligence (carelessness) or breach of contract.
3.58. Our total liability to you is for direct damages up to a maximum amount of three months of your base hosting fee.
3.59. You will pay us a base hosting fee for Self-Managed Dedicated Server and Colocation hosting as indicated on the website.
3.60. The base hosting fee does not include any other fees such as:
- Setup fees;
- Fees relating to incremental bandwidth usage;
- Fees for extra IP addresses; and
- Random access memory and hard drive.
3.61. The above fees will be charged in addition to our standard rates, available on our website.
Custom Hosting Solutions (CHS)
3.62. We provide the CHS Service to you according to the proposal you have accepted, together with any written specification that has been agreed to between the parties and our Agreement.
3.63. When we make Servers available to you for your own exclusive use, the Servers will at all times remain xneelo’s property. You must not remove the Server from a Location. CHS will setup and manage the Server at the Location on your behalf.
3.64. All Server log files remain our property. If you request us to give you a Server log file, a copy of the relevant log file will be given to you.
3.65. We will manage the Servers, including the hardware, agreed Software, and upgrades at our sole discretion. CHS Customers will be informed before any adjustments or upgrades and a suitable time will be agreed upon between parties.
3.66. Where we supply and install the Software, we will do so according to the written specifications agreed to between both Parties. For that purpose, you must give us all the relevant information and cooperation needed to enable us to do the installation. If there are any extra costs involved with the Software, which were not present before we contracted with you, these will be for your account. If you need CHS assistance for the installation of the Software, you will be charged according to our standard hourly rates.
3.67. Where appropriate, we will, in our sole discretion, maintain the Software on your CHS Servers.
3.68. You are responsible for all bandwidth and traffic associated with your Server. We will monitor your traffic usage and any spikes that may occur during business hours. However you remain solely responsible for all traffic associated costs. If your Server becomes the target or source of any form of denial of service attack, we reserve the right to disconnect the Server from the network if we find that no other solution is possible at that stage.
3.69. We will not be responsible for your use of any Software that you may install (and any vulnerabilities including traffic generated as per clause 3.68 above that may result from the use of the Software). You use the software at your own risk.
Troubleshooting, ad-hoc (intermittent) and emergency work
3.70. Any troubleshooting you request will be charged at our standard hourly rate. If the cause turns out to be due to the gross negligence on our part, these charges will be waived. Our senior management will decide whether or not an act of gross negligence has been committed.
3.71. If you require any ad-hoc (on request) work to be done outside business hours (as defined in clause 3.75 below), you must specifically schedule this with us. We will only attend to emergency work outside of business hours.
3.72. We may invoice you for time spent troubleshooting issues that we find are outside our control that we cannot reasonably be expected to have prevented or solved quickly. Only we may decide what is reasonably within or outside our reasonable control.
CHS service fees
3.73. We have the right to increase the CHS service fees annually following the anniversary of the date we started providing our Services to you (“the Anniversary Date”). We will give you written details of any such increase at least 30 (Thirty) days prior to each Anniversary Date and any amendment or variation of the service fees will be seen as an amendment of Terms of Service. If you object to the increase in the service fees, you can terminate your relationship with us under clause 14 of our Terms of Service.
CHS Support and Service Level Guarantee (SLA)
3.74. The CHS Service is accompanied by our 99.9% network uptime guarantee. SLA claims, as defined in our Terms of Service, are only applicable to the standard, fixed monthly charges. Any ad-hoc time and third party costs (for example hardware, traffic over-usage) are exempt from any form of SLA claim.
3.75. Service disruptions will be attended to within:
- 15 minutes during business hours; and
- 60 minutes out of business hours.
(Business hours are Monday to Friday between 08:00 and 17:00 SAST, excluding public holidays.)
CHS Hardware Guarantee
3.76. We will try to respond to all CHS problems that specifically relate to Server hardware within 90 minutes of the problem occurring. If we do not resolve the Server problem within 90 minutes or the extended period as we may advise, we will give you a credit equal to one month’s worth of the base hosting fee.
3.77. You must also understand that the Server restore time from a back-up depends on the volume of data to be retrieved, which could result in several hours downtime. In such a case, we are not obliged to give you a credit.
4. Email terms
4.1. We will provide the following email related Services for Customers selecting shared or managed dedicated hosting only:
- Filtering of unsolicited commercial email (SPAM): This is done on a best effort basis, without any guarantees, using appropriate best of breed technologies (for example SpamAssassin which is the most widely used open source filtering software);
- Virus filtering: This is done on a best effort basis without any guarantees, using appropriate best of breed technologies (for example Clam that is a very popular open source solution).
- An SMTP (simple mail transfer protocol) server for the sending of outgoing mail;
- A POP3 (post office protocol) server for the downloading of incoming mail.
- IMAP (internet message across protocol) Server for the reading of mail.
4.2. We will take appropriate and reasonable measures to make your email environment secure and reliable.
4.3. We will:
- Do our best to support the setup and configuration and
- not be held responsible if there is any incompatibility between our Systems and any other third party application.
5. Domain Name Terms
5.1. The Administrator runs the registry system used to process co.za Domain Name related transactions initiated by Domain Name Registrars, such as xneelo, which include domain registrations, domain updates, domain renewals, domain deletions, domain queries and domain transfers.
5.2. We have been accredited as an independent Registrar to register Domain Names on the Administrator’s registry system. All Domain Names that we register on your behalf within the .co.za domain name space are subject to the Administrator Policies, which may be amended from time to time.
5.3. We act on your instructions to the extent that those instructions are possible and lawful. Domain Name Administrators have the right to cancel, transfer or suspend a Domain Name registration in certain circumstances. For example where it would put the Administrator in conflict with any law or upon receipt of a court order or ruling of an arbitrator.
5.4. We also use the Services of an international registrar to register generic Top Level Domains (gTLDs such as .com and .org) as well as Top Level Domains in non-South African country codes (ccTLDs such as .uk and .eu). This registration is subject to the terms of the relevant registrar OpenSRS/Tucows. Registration, maintenance, or transfer of a Domain Name is subject to the terms of the relevant registry governing the Domain Name. We cannot guarantee the registration of any Domain Name selected by you.
When there is a transfer of ownership the Registrant explicitly authorizes Tucows to act as their Designated Agent, as stipulated by the ICANN Transfer Policy, to approve a Change of Registrant on their behalf. It remains the domain user’s responsibility to check that correct ownership details are listed for the domain.
5.5. The following principles apply with regard to Domain Name registrations:
- Domains Names are made available on a “first come, first served” basis. We therefore do not guarantee that the Domain Name requested by you is available for registration.
- We do not permit “cybersquatting” (also known as “domain squatting”): registering a Domain Name in bad faith with the intention of profiting from the goodwill of a trademark belonging to someone else.
- Registering a Domain Name is like getting a licence. As long as the Domain Name is current, you can continue to use it. Domain Names are not regarded as property and cannot be “owned” by anyone. However, the domain name will be registered in the name of the “Registrant”.
- It is important to ensure that the correct person or entity is reflected as the Registrant as xneelo will only act on the instructions of the Account Owner or anyone authorised to act on the xneelo account. In certain instances the Registrant might not be the Account Owner.
- You as Registrant or your agent will retain control of your Domain Name. We will maintain the Domain Name for you as part of the Service.
- We will insert our details as the billing and technical contact of the Domain Name, unless you register the Domain Name yourself or manage the Domain Name record directly with the applicable Registry.
- Any Internet Protocol (IP) address that we allocate to you will remain our sole property. We give you a non-exclusive, non-transferable licence to use the IP address for the duration of our agreement with you.
- If you are a xneelo Reseller, you agree not to make yourself the Registrant of your customer’s Domain Name. If you do so, we reserve the right to terminate your Reseller status.
- All new co.za registrations are allowed a grace period of seven consecutive days immediately following the registration of the Domain Name, during which you can cancel your Domain Name registration with minimal cost implications.
- Domain Names are registered for one year. Whilst we will try to ensure that your Domain Name does not lapse, it is your responsibility to ensure that your Domain Name does not lapse. Our systems have been programmed to automatically renew your Domain Name unless you expressly tell us not to do so, in which case it will lapse. We will try to send you a reminder. It sometimes happens that reminders are not received due to events beyond our control and we will not be liable.
5.6. If you cancel your Domain Name registration during a grace period, it will be assigned a ‘Pending Release’ status and will not become available for release until the seven day grace period expires. You will be charged a grace period administration Fee of R5 (excluding VAT) for co.za domains and R10 (excluding VAT) for all other domains. Once the grace period has expired, the Domain Name will be released and removed from the Registry database, making it available for anyone else to register. You will receive a refund of the registration fee minus the grace period fee. You will not be able to transfer the Domain Name to another Registrar during the grace period. A Domain Name that is reinstated during the grace period will result in the Domain Name continuing as before with no refunds being processed.
5.7. You must provide us with all the information that we request from you. We will not be held responsible if you give us incomplete or inaccurate information that will lead to a delay in the registration process, subsequently resulting in the Domain Name being registered by someone else.
5.8. The following fees will be incurred by you:
- The annual Administrator Fee for the Domain Name.
- Our Service fee for applying for, and where applicable, maintaining the registration of a Domain Name on your behalf and
- All reasonable expenses or charges relating to the registration, transfer, or renewal of the Domain Name.
These service fees are non-refundable.
5.9. You warrant that:
- you are entitled to register and use the Domain Name; or
- if you are not the Registrant, you have the consent of the Registrant to use the Domain Name; or
- you are not prohibited by law or otherwise from registering the Domain Name; and
- by using the Domain Name, you have not violated any Intellectual Property Rights of any person who may lawfully claim title to the Domain Name or to any word or name forming an essential part of the Domain Name.
5.10. You indemnify us against any loss or damage that we may suffer arising from your registration or use of the Domain Name. We act as data processor I operator on behalf of the Administrator, who is the data controller I responsible party , regarding personal data that you give us when you register a Domain Name. You agree that we may share the personal data that we collect in this way with the Administrator. You agree to indemnify and hold harmless us and our sub-processors I sub-operator against any claim you may have as a result of us sharing your personal data with the Administrator, or the Administrator’s failure to protect your personal data in accordance with applicable data protection laws.
Changes to .co.za Domain Name and Domain Name Information
5.11. It is not possible for us or the Administrator to amend the actual Domain Name itself. If there has been an error in the spelling of a Domain Name it will need to be cancelled and a new registration created. Unless you request the change within the seven day grace period mentioned in clause 5.5 and 5.6, you will be required to pay a fee to the Registrar.
5.12. Either the Registrant or its agent (as described below) can change co.za Registrant information (for example the Registrant’s name, email address, telephone number and physical address) through xneelo Control Panel.
5.13. If the Registrant has a xneelo account, the Registrant can make the changes.
5.14. If the Registrant has appointed an agent with a xneelo account to administer the Domain Name, the Domain Name will be linked to that agent’s account and the agent will be able to make the changes.
5.15. xneelo will only act on the instructions of the Account Owner or anyone authorised to act on the account.
5.16. Where a change takes place, the Domain Name status will change to “pending update” and the pending update period of five consecutive days will commence. This five day period has been instituted by the Administrator and cannot be modified by xneelo. On expiry of the pending update period, the Domain Name information will automatically be updated.
5.17. The Registrant can ask xneelo to create an account and transfer control of the Domain Name to the Registrant’s account at any time, provided any requirements laid down by xneelo are met.
5.18. In the event of a dispute around a Domain Name between the Registrant and someone else (including his agent) regarding control of the Domain Name or xneelo account to which the Domain Name is linked, we will only act, if we receive written instructions to change the name of the Registrant from:
- The liquidator of an incorporated or unincorporated business, where the business has been wound up, whether provisionally or finally, whether compulsory or voluntary.
- A letter from the executor, nominated and appointed by the Master of the High Court by virtue of the late Registrant’s estate, requesting that the Domain Name be transferred to a named entity.
- An order of Court in relation to any of the above or
- An order of an Arbitration Tribunal of competent jurisdiction requiring action in any administrative proceeding, conducted under the Uniform Dispute Resolution Policy adopted by ICANN, Alternate Dispute Resolution Regulations in South Africa or any similar proceedings in another ccTLD or gTLD to which you are a party.
5.19. In certain circumstances, the Domain Name might be “locked”. A “locked” Domain Name can only be transferred by the Administrator. The ability to lock a Domain Name is generally intended for situations where a court, or other recognised authority such as an accredited Domain Name dispute resolution provider, intends presiding over a dispute concerning the Domain Name and has informed the Administrator. The Domain Name will be “frozen” until a hearing or adjudication on the matter has been finalised. Only the Administrator is able to lock and unlock a Domain Name.
5.20. The Registrant indemnifies us against any loss or damage that we may suffer arising from us preventing either party from accessing or performing Domain Name updates through xneelo Control Panel.
Domain Name Transfers to another Registrar
5.21. You are able to transfer your Domain Name to another Registrar at any time other than during the grace period.
5.22. If you want to do so, a specific process has to be followed. This process has been laid down by the Administrator in the Administrator Policies.
5.23. Upon applying to change the Registrar information for a Domain Name through the registry system, the gaining Registrar will commence a Registrar Change Process, which will ultimately result in the proposed changes being implemented.
The Table below illustrates the voting outcome when you request your Domain Name to be transferred to another Registrar. The Administrator (Registry) will send the Registrant and the losing Registrar an email which requires a vote to complete the transfer process. The various outcomes are demonstrated in the table below according to the voting actions. For example should both the Registrant and the losing Registrar vote Yes (Y) then the transfer will take place immediately.
|“Y” – Authorise Transfer||“#” – Do Nothing||“N” – Decline Transfer|
|2||Y||N||Transfer on expiry of pending transfer period (5 days)|
|3||Y||#||Transfer on expiry of pending transfer period (5 days)|
|5||N||N||Reject Transfer on expiry of pending transfer period (5 days)|
|6||N||#||Reject Transfer on expiry of pending transfer period (5 days)|
|8||#||N||Reject Transfer on expiry of pending transfer period (5 days)|
|9||#||#||Reject Transfer on expiry of pending transfer period (5 days)|
Domain Name Cancellations
5.24. A Domain Name can be cancelled at any time other than during a grace period.
5.25. Initiating a Domain Name cancellation request will result in the Domain Name being suspended and ultimately deleted from the Registry.
5.26. Once initiated, a period of five consecutive days must run (the “pending suspension” period) whereafter the status of the Domain Name will automatically change to the “pending deletion” period which will run for another five consecutive days. At the end of the pending deletion period the Domain Name will automatically be deleted and revert back into the pool of available Domain Names. Domain Names that have been deleted from the Registry database cannot be reinstated.
5.27. The Pending Suspension and Pending Deletion periods are a fixed system parameter instituted by the Administrator and cannot be modified by us.
Domain Name Renewals
5.28. We will give you a renewal reminder by email within 66 days prior to the renewal date of your Domain Name.
5.29. If you do not want to renew the Domain Name, you must give notice by clicking on the link in the renewal reminder email. This will automatically instruct us not to renew the Domain Name. This notice must be given at least 33 Business Days prior to the domain name renewal date.
5.30. If you do not give the required notice (this can be done by clicking on the link sent in the renewal reminder email, terminating the domain via the xneelo Control Panel or by emailing us directly) we will automatically renew the Domain Name and a renewal fee will be added to your next invoice.
Payment Default of the Domain Services
5.31. If you fail to pay us any cost or charge relating to the registration, renewal, update, change, or administration of any Domain Name, we may:
- Exercise a lien (right to withhold) over the Domain Name until the relevant cost or charge has been paid.
- Obtain or allow the suspension, termination, or deletion of the Domain Name or
- transfer the Domain Name to another Registrant.
Termination of the Domain Services
5.32. If the Domain Service is terminated for any reason, we may, without incurring any liability, notify the relevant Registrar or Registry of the termination and instruct the Registrar or Registry to remove us or any of our systems as the host of the Domain Name even if no replacement is available.
5.33. If any of the Registrars or Registries amend, suspend or terminate its provision of a Domain Service or any other aspect of its services upon which we depend for the provision of the Domain Service to you, we will try to ensure the continuance of the Domain Service. If we are unable to ensure the continuance under any circumstances, we will not be liable to you or any other third party for any loss or damages (as contemplated in our Terms of Service) you or any third party may suffer arising from, or in any way relating to, the termination of the Domain Services.
Domain Name Disputes
5.34. Various alternate dispute resolution mechanisms apply for Domain Names registered globally. These include:
- The Uniform Dispute Resolution Policy adopted by ICANN for certain gTLDs.
- The Alternate Dispute Resolution Regulations applicable in South Africa and
- similar proceedings in other ccTLDs.
5.35. Disputes between you and any third party about registration or use of any Domain Name registration may be brought under any available alternate dispute resolution mechanisms, Court, or Arbitration Tribunal.
5.36. We will not participate in any way in a dispute between you and a third party. If you involve us in any dispute, you indemnify us against any loss or damage that we may suffer or expense that we may incur (including legal costs we incur on the attorney and own client scale and you will be liable to pay our attorney’s fees).
5.37. Note that the Domain Name will be ‘”frozen” until a hearing or adjudication on the matter has been finalised. Locked Domain Names, although not removed from the zone file, will not be able to be updated, cancelled, reinstated or released until they are unlocked.
6. Other Services
6.1. We offer third party services.
6.2. While we make every effort to select reliable vendors, maintain relationships and hold them accountable to ensure a reliable service on behalf of our Customers, we do not control and are not responsible for those services and you use those third party services at your own risk.
6.3. We will not be liable for any loss or damage you have suffered as a result of your use of such third party services including any interruption or unavailability of the third party services.
7. Reseller Responsibilities
7.1. Resellers are responsible for supporting their clients. We don’t provide support to our Reseller’s clients. If a Reseller’s client contacts us, we reserve the right to place the client’s services on hold until the reseller can assume their responsibility for their client. All support requests must be made by the Reseller on their clients’ behalf for security purposes. We reserve the right to terminate your Service with xneelo if you fail to provide adequate first line support to your clients.
7.2. As a Reseller, you recognise that xneelo is ultimately responsible for the provision of the Service. Under certain circumstances xneelo may be compelled to deal directly with your client. This may happen for example where:
- You are unable to attend to any requests by your client due to unavailability i.e. you are not contactable over a period of 48 hours.
- You fail to comply with any lawful client request or effect technical changes to enable your client to receive the Services.
- You fail to pay any amounts owing to xneelo on due date or
- You pass away. In such an event you irrevocably appoint xneelo as your attorney and agent to do all such things and sign all documents relating to the Service as may be necessary.
7.4. You agree not to publish or distribute any advertising material or make any public or press statements regarding xneelo or our Services without prior written consent from xneelo. In order to obtain written consent, please email email@example.com.
7.5. You may not make use of the xneelo logo or product imagery in any manner without prior written consent. In order to obtain written consent, please email firstname.lastname@example.org.
7.6. As a Reseller you have access to our xneelo Control Panel in order to manage settings, including, but not limited to the renewal of the Services, email settings as well as the ability to view and manage domain names and run reports. Under no circumstances are you allowed to customise, re-brand or in any way modify xneelo Control Panel for your own use. You must only provide access to employees and clients, authorised by yourself (“Authorised Users”) to have access to xneelo Control Panel. As a Reseller, you are responsible for all access to xneelo Control Panel by your Authorised Users and for any actions taken by any of the Authorised Users.
7.7. We reserve the right to take whatever action we feel necessary at any time to preserve the security and reliable operation of our infrastructure and you undertake that you will not do or permit anything to be done which will compromise xneelo’s security.
7.8. You authorise xneelo to act on any instruction given by or purporting to originate from yourself or your client, even if it transpires that xneelo, yourself and your client have been defrauded by someone else, unless you or your client has notified xneelo prior to xneelo acting on a fraudulent instruction.
7.9. You are solely responsible for processing all billing for your clients and for all debt collection relating to your clients.
7.10. All fees will be payable to xneelo as soon as they become due.
7.11. In the event of a dispute arising between the parties, you are obliged to continue paying the Service Fees as and when they become due and payable in terms of the Agreement.
7.12. You unconditionally and irrevocably indemnify xneelo and agree to hold xneelo free from and harmless against all losses suffered or incurred by xneelo as a direct or indirect result of your or your client’s use of the Services, or any downtime, outage, interruption in or unavailability of the Services.
8. Beta Services
8.1. We may offer Beta Services to you, and we will determine the availability, features, components and Trial Period for the Beta Services. You may access and use the Beta Services solely as permitted by this clause.
8.2. If you use the Beta Services, we may request feedback relating to your access, use, or testing of the Beta Services, including observations or information regarding the performance, features and functionality of the Beta Services.
8.3. You must comply with our Acceptable Use Policy when you use the Beta Services, and the Beta Services may not be:
- modified, distributed, or used to make derivative works;
- decompiled, reverse engineered, or copied;
- reproduced, transferred, or distributed; or
- used for benchmarking or performance testing.
8.4. In addition to the above, you must not:
- publicly disseminate performance information or analysis related to the Beta Services;
- remove any product identification or other notices contained in the Beta Services; or
- allow any third party to access or use the Beta Services, other than your employees or agents that need it
8.5. We may suspend or terminate your access to or use of the Beta Services at any time and for any reason. We may notify you if your use of the Beta Services has been suspended or terminated. We may cease offering the Beta Services at any time at our sole discretion.
8.6. Once the Trial Period is complete, you may lose access to the Beta Services, unless we incorporate the features of the Beta Services into the Services we provide. Additionally, you must return or destroy all copies of documentation and confidential information related to the Beta Services.
8.7. If we release a generally available version of the Beta Services, your access to and use of the generally available version will be subject to the section of the Specific Terms as may be specified for that generally available Service.
8.8. We may collect data from the Beta Services and use it to improve or enhance any of our existing Services. This data will be in a de-identified form and will be used to enhance or improve the Beta Services and any other products and services.
8.10. The Beta Services are provided “as is” and “as available”. No warranty of any kind is given, whether express or implied, including warranties of merchantability, title, or non-infringement, except where such warranty is specifically required by law.
8.11. You indemnify us and hold us harmless against any loss or damage that you may suffer (or any action against us) as a result of:
- your use of the Beta Services, or
- any modification, suspension, interruption in or unavailability of, or termination of the Beta Services.