ParkHost's General Terms
These are the general terms of our relationship that include the duration of the Agreement, fees payable by you, ParkHost's right to monitor communications and content in specific circumstances, steps to protect the security of your data and ParkHost's systems, when ParkHost is authorised to suspend or terminate your services, and the resolution of disputes between us.
Summary of our General Terms:
The Agreement will commence when ParkHost provides you with a username and password.
By submitting an application form and placing an order online via our website, you confirm that you are prepared to accept electronic invoices from ParkHost for purposes of claiming input tax.
The Agreement is binding unless and until you or we give notice to terminate.
We may change the features or functionality of any Service over time.
You must comply with the Acceptable Use Policy that applies to your use of the Services.
We can prevent your access to the Service/s if you breach the Agreement or for technical reasons.
You accept that you will get no rights to the intellectual property in ParkHost's computer systems.
Subject to your right to withdraw your consent in certain instances, we may obtain your personal information and use it, for certain specified purposes, including for, internal ParkHost marketing and contract administration as well as to enable us to collect your debit order payment.
Our liability to you is substantially limited.
The Agreement is subject to South African law.
We will use your given address as your address for service.
Read the full text of ParkHost's General Terms
ParkHost's Specific Terms
ParkHost's Specific Terms go into more detail and address specific issues around our hosting packages (Web Hosting, Managed Dedicated, and TruServ Dedicated), e-mail and domain names. These terms must be viewed as an extension of our General Terms.
Read the full text of ParkHost's Specific Terms
ParkHost Web Hosting Terms (General Terms)
ParkHost is a leading South African web hosting service provider that provides a range of web hosting Services to its Customers.
ParkHost provides the Services to its Customers subject to the ParkHost Hosting Terms.
This clause will apply to the ParkHost Hosting Terms, unless a contrary intention appears.
- The clause headings in the ParkHost Hosting Terms have been inserted for purposes of convenience only and will not be taken into consideration in its interpretation.
- Any reference to
- the singular includes the plural and vice versa,
- any gender includes the other genders and
- a natural person includes a juristic person and vice versa.
- The rule of construction that a contract must be interpreted against the party responsible for the drafting or preparation of the contract, will not apply to this Agreement and the Parties waive any rights they have to rely on the rules.
- Unless the context indicates a contrary intention, the words and expressions defined in clause 2 will, throughout the ParkHost Hosting Terms, bear the meanings assigned to them in that clause 2 and similar expressions will bear corresponding meanings.
- Any reference to "days" will be construed as being a reference to calendar "days" unless qualified by the word "business" in which instance a "business day" will be any day other than a Saturday and a Sunday or a public holiday as gazetted by the Government of the Republic of South Africa from time to time. Any reference to "business hours" will be construed as being the hours between 08h00 and 17h00 on any business day.
- Whenever "including" or "include", or "excluding" or "exclude", together with specific examples or items follow a term, they will not limit its ambit.
- Terms other than those defined within these General Terms will be given their plain English meaning, and those terms, acronyms, and phrases known in the Information Technology industry will be interpreted in accordance with their generally accepted meanings.
- Defined terms appearing in these General Terms in title case will be given the meaning as defined, while the same terms appearing in lower case will be interpreted
in accordance with the ordinary meaning as qualified by clause 1.7 and will, unless the context otherwise indicates, include the term as defined.
In the ParkHost Hosting Terms, unless inconsistent with or otherwise indicated by the context, the following terms will have these meanings:
- "Agreement" means the contract entered into between ParkHost and the Customer consisting of, amongst others, the ParkHost Hosting Terms and any application form or addendum completed by the Customer;
- "Application Form" means the application form completed by the Customer using ParkHost’s online order process for the initiation of the individual Service/s as may be amended from time to time under the Agreement and specifically includes any offline and paper versions of the Application Form;
- “Business Day” means any day other than a Saturday, a Sunday or a public holiday in the Republic of South Africa;
- "Commencement Date" means the date when a customer profile is created and ParkHost furnishes the Customer with the Customer Data;
- "Customer" means:
- the person identified on the application form or in any addendum, relating to the relevant Service subscribed for by the Customer and in the case of a Domain Name,
- a Reseller enrolled under the ParkHost Reseller programme who hosts directly with ParkHost;
- "Customer Data" means any username, password, or e-mail address provided by ParkHost to the Customer as part of the Services, but expressly excluding Customer Domains managed by ParkHost as part of the Services;
- "General Terms" means these terms and conditions;
- "Intellectual Property Rights" means all patents, trademarks, service marks, design rights, copyright, trade or business name, know-how, concepts, ideas, methods, procedures, processes, techniques, models, reports, templates, or software (or any changes or additions and other similar rights or obligations) whether or not registerable, registered or application for registration has been made in any party of the world;
- “ISPA” means the Internet Service Providers’ Association of South Africa;
- "Marks" means any trademarks, logos, brand names, domain names or other marks of either of the Parties;
- "Party" and "Parties" means ParkHost and the Customer;
- "Services" means the services provided by ParkHost to the Customer;
- "Service Fees" means fees and charges payable by the Customer to ParkHost in respect of the Services, which Service Fees are dealt with in clause 7 and are set out in the application form/s, and any addenda, completed by the Customer in respect of the Services;
- "Specific Terms" mean the terms and conditions which supplement the General Terms and govern the use of individual Services selected by the Customer;
- "Website" means the website from which the Services are provided, currently being http://www.ParkHost.co.za
ParkHost Hosting Terms
- ParkHost provides the Services to its Customers subject to the ParkHost Hosting Terms.
- These General Terms govern the contractual relationship between the Parties, duly supplemented by the Specific Terms.
- To the extent that:
- any individual Service selected by the Customer is not dealt with in the Specific Terms, the individual Service will be governed by the General Terms and Acceptable Use Policy;
- any Specific Terms are binding upon the Customer, those Specific Terms are deemed included in the ParkHost Hosting Terms.
- The Acceptable Use Policy represents the terms and conditions pertaining generally to the Customer's use of the Services and specifies the activities prohibited by the Customer and is intended to enhance the use of the Internet by preventing unacceptable use. The Customer is required at all times to comply with the Acceptable Use Policy, which is deemed to form part of the ParkHost Hosting Terms. The Acceptable Use Policy, as amended from time to time, is posted on the Website.
- Save as expressly provided to the contrary in the ParkHost Hosting Terms, if there is a conflict in meaning, the following precedence ranking will apply (from highest to lowest):
- these General Terms;
- the Specific Terms;
- the Acceptable Use Policy;
- other policies that may be introduced from time to time and notified to the Customer;
- any documents incorporated by reference in this Agreement.
Amendment to ParkHost Hosting Terms
This clause will apply to the ParkHost Hosting Terms, unless a contrary intention appears.
- ParkHost reserves the right, at any time, to amend any of the ParkHost Hosting Terms to which the Customer is bound without specific notice to the Customer. An updated version of the ParkHost Hosting Terms will be posted on the Website.
- It is the Customer’s responsibility as a diligent user to peruse any amended ParkHost Hosting Terms posted on the Website and the Customer undertakes to regularly visit the Website so as to remain advised of the amended ParkHost Hosting Terms.
- If the Customer objects to any amended ParkHost Hosting Terms that are binding upon it or are to become binding upon it, the Customer is entitled to
terminate its relationship with ParkHost under clause 14.4.
- The Customer may be an incorporated entity (such as a company or close corporation), trust, partnership, or individual.
- If a person enters into the Agreement in a representative capacity on behalf of a Customer who is an incorporated entity or on behalf of an unincorporated entity, or
in any other representative capacity recognised in South African law, the person warrants that:
- they are legally authorised to do so and indemnifies ParkHost against any loss or damage that ParkHost may sustain resulting from the person's lack of authority;
- all the information supplied to ParkHost at any time relating to the entity, trust, partnership, association or other person who they represent is true, accurate, and complete.
- ParkHost reserves the right to treat all misrepresentations by the Customer or the person representing it as fraud and the person indemnifies ParkHost against any loss or damage that ParkHost may sustain resulting from the person's lack of authority.
- If ParkHost discovers that the Customer has fraudulently contracted for the receipt of Services or that its representative has contracted without contractual capacity to do so, ParkHost may terminate the ParkHost Hosting Terms or Service/s immediately without any further liability to the Customer and the Customer may not claim any restitution or refund of any amount already paid, regardless of whether the Customer has used the Services or not.
- The Customer will, if requested by ParkHost, furnish ParkHost with sufficient evidence of the authority of the person who will, on behalf of the Customer, take any action or execute any documents required or permitted to be taken or executed by the person under the Agreement. This would include providing proof of permission to debit from the authorised signatory of the Customer's bank account.
- If a dispute arises between individuals or entities involved with the Customer (including partners, shareholders, trustees, employees), ParkHost may act on the
representation of a person claiming to be duly authorised to represent the Customer, without being obliged to obtain independent verification of the authority.
The Customer indemnifies ParkHost from any action or inaction based on the representation. However, if ParkHost, in its sole and absolute discretion, requires independent
verification of the authority of any individual, the Customer must provide it in a format reasonably acceptable to ParkHost.
Commencement and Duration
- The application form submitted by the Customer to ParkHost will be treated as an offer by the Customer to make application for the Service/s. The Customer's offer will only be deemed to have been received by ParkHost once this has been confirmed to the Customer by ParkHost. Although the Website is configured to confirm receipt of any offer ("Confirmation"), technical or other problems may delay or prevent the Confirmation. The Customer should contact ParkHost if it does not receive Confirmation from ParkHost shortly after having sent the offer. Confirmation will not mean that a transaction has been concluded. It merely serves to confirm that the application has been received by ParkHost. Confirmation is deemed to have been sent by ParkHost as soon as this is reflected in ParkHost's log files.
- The ParkHost Hosting Terms will commence and become binding on the Customer with effect from the Commencement Date.
- The ParkHost Hosting Terms will endure for an indefinite period until terminated under clause 14.
- Durbanville, Western Cape will be deemed to be the place where the Parties have concluded the Agreement (or any part).
- All Service Fees payable by the Customer are payable in advance.
- Where applicable, ParkHost will furnish the Customer with a VAT invoice in electronic format. The Customer agrees that by submitting an application form to ParkHost when making application for the Service/s, that the application constitutes confirmation by the Customer to accept electronic invoices for purposes of claiming input tax.
- The Service Fees will be payable either on a monthly, quarterly, bi-annual, or annual basis as specified on the Website and are calculated in accordance with the rate schedule on the Website.
- The Service Fees will be paid by way of debit order and the Customer authorises ParkHost to effect the necessary transfers from the Customer's designated bank account at the beginning of each and every month for the continued duration of the ParkHost Hosting Terms. The Customer must put the debit order in place within seven days of the Commencement Date. A rejected debit order will accrue a handling fee of R50 per rejection.
- The Customer may only pay cash for the Services in circumstances where the Service Fee is payable on an annual basis. This would exclude any incremental over-usage charges.
- Where the Customer's use of any service commences during a month rather than at the start of that month, the Customer will be charged on a pro rata basis for those Services provided during that month.
- ParkHost reserves the right to amend or vary the Service Fees from time to time and any amendment or variation of the Service Fees will be deemed to be an amendment of the ParkHost Hosting Terms. If ParkHost does amend its Service Fees, it will give the Customer at least 30 days prior notice. If the Customer objects to any amended Service Fees that affect it, it may terminate its relationship with ParkHost under clause 14.7.
- The Customer may not withhold any payment of any amount due to ParkHost for any reason, including any alleged breach of the ParkHost Hosting Terms by ParkHost. In addition, the Customer may not:
- set-off against; or
- demand any discount, refund (other than under clause 7.10), or reduction in respect of, any Service Fees owed to ParkHost.
- The Service Fees are inclusive of value added tax. The Customer will pay any increase in Value Added Tax.
- If a dispute arises between the parties, the Customer must continue paying the Service Fees as and when they become due and payable under the ParkHost Hosting Terms.
- The Customer may terminate the Service within:
- seven days after the Commencement Date if the Customer decides not to continue subscribing for the Service/s; or
- within thirty days after the Commencement Date if ParkHost fails to meet the service levels for hosting services and e-mail services as specified in the Specific Terms,
provided that the Customer's right to terminate must be exercised by notice from the Customer to ParkHost transmitted via e-mail to billing@ParkHost.co.za. If the Customer terminates
the Service for one of these reasons, the Customer may receive a refund of any Service Fees from ParkHost. ParkHost may refund the Customer for any third party costs already incurred
by ParkHost directly or indirectly as a result of the initial request for the Service. The Customer remains responsible for any third party costs.
- Whilst ParkHost monitors its Services to determine that its facilities are operating satisfactorily, ParkHost does not, as a general practice, monitor its Customers activities. Where ParkHost is required to intercept communications in accordance with the Regulation of Interception and Provision of Communication-Related Act, 70 of 2003 ("the Monitoring Act"), any interception of communications must be strictly carried out in accordance with the requirements of the Monitoring Act, as and when required under the Monitoring Act.
- With specific regard to the monitoring of content that is found on a website belonging to a Customer and which is hosted by ParkHost, ParkHost has no knowledge of, nor interest in, Customer content hosted by ParkHost or published by ParkHost on the Customer's behalf using the Services and further that ParkHost does not in any way contribute or approve the content.
- Despite this, if ParkHost, in its sole and unfettered discretion, determines that any content is in violation of any law (including the Films and Publications Act 65 of 1996) or of the
Acceptable Use Policy, or if ParkHost receives a takedown notice from ISPA, as contemplated in section 77 of the Electronic Communications and Transactions Act 25 of 2002, it may:
- request or require the Customer to remove, amend, or modify the content forthwith;
- terminate access to any Services or suspend or terminate any Services without notice;
- delete the offending content without notice; or
- notify the relevant authorities of the existence of any content, make any back-up, archive, or other copies of any content, or take any further steps as required or requested by any authorities without notice.
- ParkHost may disclose any content, material, or data (including any data of the Customer) if:
- required by law;
- lawfully requested to do so by any authorities, including the South African Police Services pursuant to a subpoena under section 205 of the Criminal Procedure Act 51 of 1977; or
- in accordance with a judicial, administrative or governmental order. ParkHost does not have to give the Customer notice.
- The Customer will have no recourse against ParkHost if ParkHost acts under this clause and accordingly waives its right to make any claim or demand,
or to institute any legal proceedings against ParkHost.
- All Customer Data allocated to the Customer is personal to the Customer and the Customer will be liable for any loss or damage sustained by the Customer, ParkHost or any third party as a result of any actions by the Customer or any other person to whom the Customer has disclosed its Customer Data.
- The Customer authorises ParkHost to act on any instruction given by or purporting to originate from the Customer, even if it transpires that both ParkHost and the Customer have been defrauded by someone else, unless the Customer has notified ParkHost under clause 9.3 prior to ParkHost acting on a fraudulent instruction.
- If any security violations are reasonably believed to have occurred in connection with the Customer's account, ParkHost will investigate forthwith and, if necessary, change the relevant Customer Data, including access codes and passwords, and give the Customer immediate notification. A copy of the results of any investigation will be provided to the Customer at no cost.
- The Customer must advise ParkHost immediately if any other person gains access to its Customer Data and must give its full co-operation to ParkHost in any investigation carried out by ParkHost.
- The Customer indemnifies ParkHost against any claim from:
- the Customer's disclosure of its Customer Data to a third person;
- the use of the Customer Data by a third person; or
- any resulting action by the Customer or third party.
- ParkHost reserves the right to take any action it may deem necessary at any time to preserve the security and reliable operation of its infrastructure. The Customer will not do anything (or permit anything to be done) that will compromise ParkHost's security.
- Although ParkHost applies reasonable endeavours to provide disaster recovery, ParkHost does not specify any recovery time, nor is ParkHost liable for any
loss or damage incurred or suffered by the Customer arising from or in connection with any cause as a result of its failure to provide, or delay in providing,
or providing only partial disaster recovery. The Customer is required to make back-ups of its data. Nothing contained in the ParkHost Hosting Terms will be construed
as a representation that any back-ups of data implemented by ParkHost will be successful or in any way will avoid disaster.
- ParkHost warrants that it has the facilities, infrastructure, capacity, and capability to provide the Services.
- Despite this warranty, the Services are provided "as is" and "as available" and without any further warranty of any kind, whether express or implied, including warranties of merchantability, fitness for purpose, title, or non-infringement.
- Under no circumstances will any advice or information furnished by ParkHost (its agents or employees) be construed as a warranty of any kind.
Intellectual Property Rights
- The Customer is obliged to comply with all laws applicable to any Intellectual Property Rights in respect of any data or information created, accessed, retrieved, stored, or disseminated by the Customer through the Customer's use of the Services.
- The Customer is prohibited from using any of the ParkHost or konsoleH Marks without the prior written approval of ParkHost.
- The Customer grants ParkHost a non-exclusive licence to use its Marks for the limited purposes of enabling ParkHost to exercise its rights or to fulfil its obligations under the ParkHost Hosting Terms.
- Other than as specifically provided for in the ParkHost Hosting Terms, ParkHost will wholly and exclusively retain all existing, and become the
exclusive and unencumbered owner of all Intellectual Property Rights employed in or otherwise related to its network infrastructure, business
and the provision of any of the Services under the ParkHost Hosting Terms.
- The Services are provided subject to all applicable laws and the Customer accordingly indemnifies ParkHost from any liability attributable to any regulatory body or civil or criminal proceedings instituted against ParkHost or for any loss or damage suffered by the Customer or any third party as a consequence of any interruption or unavailability of the Services.
- The Customer unconditionally and irrevocably indemnifies ParkHost and holds ParkHost free from and harmless against all losses suffered or incurred by the
Customer or ParkHost or instituted against ParkHost by any third party as a direct or indirect result of the Customer's use of the Services, the Customer's failure
to comply with any ParkHost Hosting Terms, or any downtime, outage, degradation of the network, interruption in or unavailability of the Services. Included within
the ambit of downtime, outage, degradation of the network, interruption, or unavailability of the Services is any of the following:
- software or hardware service, repairs, maintenance, upgrades, modification, alterations, replacement or relocation of premises affecting the Services,
- non-performance or unavailability of any of the services provided by a electronic communications network or service provider, including, line failure, or in any international services or remote mail servers,
- non-performance or unavailability of external communications networks to which the Customer or ParkHost's network infrastructure is connected, and
- repairs, maintenance, upgrades, modifications, alternations or replacement of any hardware forming part of the Services, or any faults or defects in the hardware.
- The Customer will defend ParkHost against any claim against which ParkHost is indemnified under clause 12.2 and elsewhere in the ParkHost Hosting Terms ("indemnified claim")
and pay any and all costs, damages and expenses (including attorneys fees on the attorney and own client scale) finally awarded against ParkHost by a court of competent jurisdiction
or agreed to in a written settlement agreement signed by the Customer directly arising from the indemnified claim, provided that:
- ParkHost will notify the Customer in writing as soon as ParkHost becomes aware of the indemnified claim to enable the Customer to take steps to contest it,
- the Customer may assume sole control of the defence of the claim or related settlement negotiations and
- ParkHost will provide the Customer, at the Customer's expense, with the assistance, information, and authority necessary to enable the Customer to perform its obligations under this clause.
- The Customer must pay to ParkHost the amount of an indemnified claim forthwith upon request for payment. If the Customer contests the indemnified claim,
the Customer must pay to ParkHost the amount of the indemnified claim forthwith after any judgment or order is granted, provided that in those circumstances
where the Customer does not at any time proceed with the contest of the claim timeously and promptly, ParkHost may require the Customer either to pay the amount
of the claim in question in trust to its attorneys pending the outcome of the proceedings, or ParkHost may require the Customer to give proper and adequate security therefore.
Suspension of the Services
- ParkHost is entitled to temporarily suspend its obligations under the ParkHost Hosting Terms:
- to give effect to clauses 8.3 or 9.5,
- to service, repair, maintain, upgrade, modify, alter, replace, or improve any of the Services; or
- where third parties have alleged that the Customer has engaged in unlawful activities arising from or connected to the Services.
- Where circumstances permit, ParkHost will use its best endeavours to provide prior notice of any the suspension to the Customer.
ParkHost will not be liable for any resulting loss or damage incurred or suffered by the Customer arising from or in connection with or from any cause.
- ParkHost is entitled to temporarily suspend its obligations under the ParkHost Hosting Terms:
- Termination by ParkHost: ParkHost may terminate the ParkHost Hosting Terms together with any Services on three days written notice to the Customer at its address provided for the giving of notice in clause 18.
- Termination by the Customer: The Customer may terminate the ParkHost Hosting Terms together with any Services on 30 days written notice to ParkHost in one of three ways:
- via e-mail to billing@ParkHost.co.za,
- to ParkHost via fax at 0861 0861 09 and to ParkHost at its address provided for the giving of notice in clause 18; or
- via the konsoleH control panel.
- All purported terms of termination communicated to ParkHost in any manner other than as specified may, at ParkHost's sole discretion, be deemed to have been invalidly given and without force and effect.
- Breach: If the Customer breaches any of the ParkHost Hosting Terms, ParkHost may, without prejudice to any other rights that ParkHost may have and without notice to the Customer,:
- claim immediate payment of all outstanding charges due to ParkHost,
- terminate or suspend the Customer's use of any or all of the Services,
- terminate its relationship with the Customer or
- list the Customer with any credit bureau, Internet service provider list, or the South African Fraud Prevention Service and- the Customer expressly consents to this.
- Retention of hardware or software: Where ParkHost is in possession of any hardware or software belonging to the Customer as a result of ParkHost's provision of the Services to the Customer, and the Customer is in default of its payment obligations to ParkHost, ParkHost may retain the hardware or software pending the Customer's settlement of all amounts owed by the Customer to ParkHost. Where the Customer fails to make payment of all amounts owed to ParkHost within 60 days of any notice by ParkHost to the Customer, ParkHost may dispose of the property to defray any expenses as well as any amounts owed by the Customer to ParkHost.
- Return of hardware or software: Where the Customer is in possession of any ParkHost hardware or software in consequence of the provision of a Service and the
related Service terminates, the Customer will immediately return the hardware or software to ParkHost and may not retain it for any reason.
- On the happening of a Force Majeure Event, any delay or failure in performance or resulting breach by ParkHost will not be a breach of the ParkHost Hosting Terms by ParkHost, nor will ParkHost be liable.
- For purposes of this clause, a "Force Majeure Event" means any act of God, of public enemy, fire, explosion, earthquake, perils of the sea, flood,
storm or other adverse weather conditions, war declared or undeclared, civil war, revolution, civil commotion or other civil strike, riot, blockage, embargo,
sanctions, epidemics, act of any Government or other authority, compliance with Government orders, failure of any supplier of electricity, including Eskom, and
telecommunications infrastructure or telecommunications lines provided by any third party, including the Telkom Limited group of companies, or any circumstances
of like or different nature beyond ParkHost's reasonable control.
- A dispute concerning this Agreement exists once a Party notifies the others in writing of the nature of the dispute and requires it to be resolved under this clause.
The Parties must refer any dispute to be resolved by:
- negotiation; failing which
- mediation; failing which
- Within ten business days of notification, the Parties must seek an amicable resolution to the dispute by referring it to designated and authorised representatives of each of the Parties to negotiate and resolve it by the Parties signing an agreement resolving it within 15 business days.
- If negotiation fails, the Parties must refer the dispute for resolution by mediation under the rules of the Arbitration Foundation of Southern Africa (or its successor or body nominated in writing by it in its stead) (”AFSA“).
- If mediation fails, the Parties must refer the dispute within 15 business days for resolution by arbitration (including any appeal against the arbitrator’s decision) by one arbitrator (appointed by agreement between the Parties) as an expedited arbitration in Cape Town under the then current rules for expedited arbitration of AFSA. If the Parties cannot agree on any arbitrator within a period of ten business days after the referral, the arbitrator will be appointed by the Secretariat of AFSA.
- The periods for negotiation or mediation may be shortened or lengthened by written agreement between the Parties.
- This clause will not preclude any Party from access to an appropriate court of law for interim relief in respect of urgent matters by way of an interdict, or mandamus pending finalisation of this dispute resolution process, for which purpose the Parties irrevocably submit to the jurisdiction of a division of the High Court of the Republic of South Africa This clause is a separate, divisible agreement from the rest of this Agreement and must remain in effect even if the Agreement terminates, is nullified, or cancelled for any reason or cause.
- Any award made by the arbitrator
- will be final and binding,
- will be carried into effect, and
- may be made an order of any Court to whose jurisdiction the Parties are subject.
- This clause constitutes an irrevocably consent by the Parties to any proceedings and no Party may withdraw or claim that it is not bound by this clause.
- A dispute concerning this Agreement exists once a Party notifies the others in writing of the nature of the dispute and requires it to be resolved under this clause. The Parties must refer any dispute to be resolved by:
Exclusion and Limitation of Liability
- ParkHost (and its directors, employees, agents, consultants or advisers) are not liable for any indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage (whether arising, or may arise out of (or the use of) the Services, under contract, delict including negligence or gross negligence or otherwise), sustained by the Customer (its directors or servants), including any loss of profits, loss of operation time, corruption or loss of information, loss of contracts, or loss of profits.
- ParkHost's total liability to the Customer will accordingly be limited to the payment of direct damages only, which direct damages will be limited to a maximum amount of
- three months of the Customer's base hosting fee or
- R2,500, whichever is the lesser.
- ParkHost's liability for direct damages under clause 17.2 will be excluded where the liability results or may result from the Customer's use of any third party services or products accessible or used in conjunction with the Services, but which are not provided by ParkHost.
- This clause will apply even if ParkHost may have been advised of the possibility of the loss or damage being incurred prior to its occurrence
- Addresses: All notices to ParkHost, whether in respect of court process, notices or other documents or communications, must be given to ParkHost at Suite 30, Frazzitta Business Park, cnr Langeberg and Batis Road, Durbanville, Western Cape, South Africa, 0861-0861-09 (fax).
- All notices that ParkHost is required to give may be given via e-mail to the e-mail address furnished to ParkHost on the application form when the Customer first subscribed for the Services.
- Notice or communication to be in writing: Any notice or communication required or permitted to be given under this Agreement will be valid and effective only if in writing.
- Requirements for notices by the Customer: Any notice from the Customer to ParkHost
- sent by prepaid registered post will be deemed to have been received,
- delivered by hand will be delivered during ordinary business hours at the physical address and will be deemed to have been received on the day of delivery...
- Whole Agreement: The Agreement constitutes the entire agreement between the Parties in respect of its subject matter. Each Party will only be bound by any undertakings, representations, warranties, or promises recorded in the Agreement.
- Variation: No variation, consensual cancellation, or addition to the Agreement will be of any force or effect unless reduced to writing and signed by the Parties or their duly authorised representatives.
- Waiver: No waiver of any of the terms of the Agreement will be binding or effectual for any purpose unless expressed in writing and signed by the Party giving the waiver, and any the waiver will be effective only in the specific instance and for the purpose given. No failure or delay by either Party in exercising any right, power, or privilege will operate as a waiver, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise of any other right, power, or privilege.
- Severability: If any term is held to be invalid, unlawful, or unenforceable, the term will be severable from the remaining terms, which will continue to be valid and enforceable. If any term held to be invalid is capable of amendment to render it valid, the Parties will negotiate an amendment to remove the invalidity.
- Applicable Law: The Agreement will be governed by and construed in accordance with the law of the Republic of South Africa and all related disputes, actions, and other matters will be determined in accordance with that law.
- Survival: Despite termination of the Agreement, any clause, which, from the context, contemplates ongoing rights and obligations of the Parties, will survive the termination and continue to be of full force and effect.
ParkHost's Specific Terms
ParkHost is a leading South African web hosting service provider that provides a range of web hosting Services to its Customers. ParkHost provides the Services to its Customers subject to the ParkHost Hosting Terms.
Interpretation and Definitions
- Unless the context clearly indicates to the contrary, any term defined in the General Terms will, when used in these Specific Terms, bear the same meaning as defined in the General Terms.
- Unless the context clearly indicates to the contrary, the following words will have these meanings:
- "Abusive Content" means content that ParkHost considers to be defamatory, discriminatory, obscene, lewd, offensive, threatening, abusive, harassing, harmful, hateful, as hatespeech, or which contains child, explicit or violent pornography, content which may be harmful to minors, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person's rights, regardless of whether the content is accessed, transmitted, propagated, distributed, created or stored in a public or private context;
- "Domain Name/s" means the domain name or names that is/are the subject of the Domain Services;
- "Domain Services" means the Services ParkHost renders to the Customer in respect of the Domain Name/s as set out in these Special Terms;
- "Email" means the Services ParkHost renders to the Customer of
- an email box provided by ParkHost to the Customer on ParkHost's systems, which includes an email address or aliases to the email address from time to time and
- best endeavours virus protection and filtering for unsolicited commercial email (SPAM);
- "General Terms" means the general terms and conditions governing the contractual relationship between the Parties, duly supplemented by the Specific Terms;
- "Harmful Code" means any computer code that:
- is designed to disrupt, disable, harm, or otherwise impede in any manner the operation of any software, hardware or network (generally referred to as "viruses", "Trojan horses" or "worms");
- would disable any software, hardware or network or impair in any way its operation based on the running out of a period of time, exceeding an authorised number of copies, advancement to a particular date or other numeral (generally referred to as "time bombs", "time locks", or "drop dead" code);
- would permit any person to access any software, hardware or network of any other person without consent (generally referred to as "trap", "access code", "back door" or "trap door" codes); or
- any other similar harmful, malicious or hidden procedures, routines or mechanisms that would cause the software, hardware or networks of any person to cease functioning or to damage or corrupt data, storage media, programmes, equipment or communications, or otherwise interfere with operations;
- “Illegal Content” means content in violation of any law;
- "Location" means the ParkHost Data Centres situated in Cape Town & Johannesburg as well as in Germany or any other address indicated by ParkHost from time to time;
- "Misrepresentation" by a Customer includes
- actions designed to deceive, mislead, defraud, or otherwise make incorrect representations to any person regarding any fact or circumstance,
- impersonating or attempting to impersonate or otherwise misrepresenting your identity to any person for whatever purpose,
- altering the content of communications received by you and thereafter forwarding it to others without indicating the nature of the alterations, or
- forging or otherwise manipulating origination details and data on any electronic data message generated by the Server with a view to disguising or deleting the origin of anything posted or transmitted including the use of "Socks Proxies", "EZBounce", "Vhosts", "BNC's" or any other software or hardware methods used to disguise or misrepresent your own IP address;
- "Registrar" means the entities referred to in clause 5, any replacement, or any other entity who attends to the administration of Domain Names;
- "Server" means the computer hardware, machinery, and equipment on which the software operates;
- "Server Hosting" means the Services that ParkHost renders to the Customer;
- "Software" means the operating system and applications provided by ParkHost;
- "System Abuse" means any conduct that does or may:
- damage, impair, overburden, or disable,
- interfere with any other person's use of, or
- compromise or tamper with the security of, including spamming and mass messaging, the use of software and technologies known as "floodbots", "clonebots", "automated client" ( e.g. "bots", "fserv" or "script"), nuking and nuking tools (e.g."7th Sphere")ParkHost's or any other person's software, hardware, systems, networks, or the Server.
Undertakings and Acknowledgements
- ParkHost undertakes to use its reasonable endeavours to provide the Services to the Customer on a continuous basis and for the duration of the Customer's agreement with ParkHost.
- Although ParkHost uses reasonable care and diligence to ensure that the Services are available, accurate, complete, correct, error free, secure, up to date, and reliable, the Services are rendered "as is" and "as available" and is used at the Customer's own discretion and risk.
- ParkHost is a member of ISPA and abides by and upholds the ISPA Code of Conduct.
- ParkHost provides 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.
- ParkHost will only be required to provide the Customer with the Server type and configuration that is advertised by ParkHost at the time the Customer decides to procure the Service from ParkHost. If an existing Customer wishes to upgrade to a new Server, ParkHost may charge the Customer an additional setup fee.
- ParkHost will use its reasonable endeavours to verify the identity of a Customer’s representative wanting to access the Customer’s Server at the Location, However, ParkHost will not be liable for any loss or damage suffered by the Customer (whether direct, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage) if a person is not authorized by the Customer to access the Customer’s Server at the Location. The Customer must notify ParkHost in writing of its representatives who are entitled to access.
- The Customer must not:
- make any Misrepresentation;
- post, upload or transmit any Abusive Content or Illegal Content by means of the Server or through ParkHost's information and communications facilities;
- replicate or store Abusive Content or Illegal Content on the Server;
- perform System Abuse;
- propagate, distribute, or transmit Harmful Code, whether or not damage is actually caused;
- access any of the ParkHost or any third party hardware, software or network without authorisation or through hacking, password mining or any other means; or
- help any third party to do any of the above.
- If ParkHost, in its sole and unfettered discretion, determines that the Customer has breached any of 3.5.1 to 3.5.7 above, ParkHost may exercise any rights it may have available to it in law, including (without notice) the right to terminate access to any Services, or suspend or terminate any Services.
- ParkHost has no knowledge of, nor interest in Customer content hosted by ParkHost or published by ParkHost on the Customer's behalf on a Server or a shared hosting account and further that ParkHost does not in any way contribute or approve the content.
- Nothing that ParkHost does in the performance of its obligations under the Service will be construed as an assumption of responsibility or liability by ParkHost arising from or in connection with any content. In particular, the limitation of liability in the General Terms will apply specifically to any loss, destruction, or corruption of the Customer's data, irrespective of the cause, including ParkHost's negligence and any system error or failure, whether foreseen or unforeseen.
Managed Shared Hosting (Web Hosting)
- ParkHost will make an account available on a Server, where the Server is shared with other Customers. The Server will (at all times) remain the property of ParkHost. ParkHost will setup, as per the standard managed hosting server configuration, the Server at the Location on behalf of the Customer. ParkHost will not be responsible for the use by the Customer of any software that it may install (and any vulnerabilities including traffic generated as per clause 3.9 that may result from the use of the software). The software is accordingly used by the Customer at its own risk.
- In this environment, a Customer may impact negatively on another Customer at times. If ParkHost deems a Customer's actions or activity on the Customer's account to be negatively affecting another Customer, ParkHost reserves the right to relocate or disable the account without any prior notice. If the account is found to be in violation of ParkHost's Acceptable Use Policy, it may result in termination of the account if the Customer does not take corrective measures.
- Where appropriate, ParkHost will in its sole discretion, maintain the software on its managed servers.
- The Customer will remain solely responsible for all bandwidth and traffic related to his hosting account. This includes regularly monitoring usage via konsoleH and the Customer will be liable for any over-usage charges. Any traffic management and reporting tools provided by ParkHost are provided solely to assist the Customer in this process, but do not absolve the Customer of responsibility, nor place any responsibility on ParkHost. If the Customer elects to make use of any traffic management and reporting tools:
ParkHost is not entitled to provide the Customer with further information on traffic usage other than what it reported via konsoleH.
- all information will not be real time information and there will always be a one day delay in the furnishing of information; and
- ParkHost will not be responsible for any traffic spikes, information or denial of service attacks, or any loss or damage sustained by the Customer resulting from the information not being provided in real time.
- ParkHost is not responsible for any licensing of any software used by the Customer.
Managed Dedicated Hosting
- ParkHost will make a Server available to the Customer for its own exclusive use. The Server will at all times remain the property of ParkHost. ParkHost will setup and manage the Server at the Location on behalf of the Customer.
- All server log files remain the property of ParkHost. If the Customer requests to be furnished with a server log file, a copy of the relevant log file will be provided to the Customer.
- The Customer must not remove the Server from a Location
- ParkHost will manage the Server, including the hardware, software, and upgrades at ParkHost's sole discretion.
- Clause 3.12 will also apply to these Services
- If the Server becomes the target or source of any form of denial of service attack and ParkHost believes that there is no other possible solution at that point in time, ParkHost reserves the right to disconnect the Server from the network.
- ParkHost will not be responsible for the use by the Customer of any software that it may install (and any vulnerabilities including traffic generated as per clause 3.16 that may result from the use of the software). The software is accordingly used by the Customer at its own risk.
- ParkHost is not responsible for any licensing of any software used by the Customer.
Managed Hosting (Shared and Dedicated) Service Availability and Service Level Guarantee Network Uptime Guarantee
- ParkHost guarantees that its network will be available 99.9% of the time in any month, excluding scheduled maintenance. This means that the Customer 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. Network downtime exists when a Customer is unable to transmit and receive data to and from ParkHost's Managed Service and is measured according to ParkHost's monitoring system.
- If network uptime is less than 99.9% (i.e. downtime exceeds 43 minutes in a given month), ParkHost will credit the Customer 5% of the base monthly fee for every 30 minutes of downtime (up to 100% of the Customers' monthly fee for the affected hosting account or server).
- The Customer will not receive any credit:
ParkHost, DNS propagation, negligent Customer acts or omissions or outages elsewhere on the Internet that hinder access to the Customer's hosting account. ParkHost is furthermore not responsible for browser or DNS caching that may make the Customer's website appear inaccessible when others can still access it. These exclusions will not apply where the problems arise from ParkHost server links to the Internet or ParkHost routers.
- if there is a degradation of the Service outside ParkHost's control,
- during scheduled maintenance windows,
- on the happening of a force majeure event, or
- where the downtime is attributable to failure of access circuits to the ParkHost network, Domain Name Server issues outside the direct control of
- If the Customer wishes to exercise its right, the Customer must request it by sending an e-mail to ParkHost at billing@ParkHost.co.za. The e-mail must include the domain or server name associated with the Customer's account in the "subject" line. Each request must include the Customer's account number as well as the dates and times of the network unavailability. The request must be received within 48 hours of the downtime. Only once ParkHost confirms the network unavailability according to its monitoring system, will the credits be supplied to the Customer within two billing cycles after ParkHost's receipt of the requests, in accordance with ParkHost's Refund Policy. Despite anything to the contrary, the total amount credited to the Customer in a particular month will not exceed the total hosting fee paid by the Customer for the month in question.
TruServTM Dedicated Hosting
- ParkHost will make a Server available to the Customer installed with the latest version of an operating system of the Customer's choice, from a list of available options provided by ParkHost. If the Customer elects to have a Microsoft operating system installed, as provided by ParkHost, the Customer is bound by the licensing terms & conditions of the relevant Microsoft Software with effect from when the Microsoft Software is first installed on the Server.
- The Customer will manage the operating system and all software on the Server. ParkHost will not and has no obligation to become involved in any aspect of managing the Server apart from the hardware.
- The allocated Server remains the sole property of ParkHost.
- If the Customer requests any deviation from the standard hardware offering and ParkHost will provide the non-standard hardware, but the cost will be passed directly on to the Customer. The hardware remains the property of ParkHost due to the costs associated with managing the hardware. If the Customer opts for an onsite spare for the hardware, the spare components will remain the property of the Customer.
- Where ParkHost supplies and installs the software, it will do so in accordance with the specifications agreed to between the Parties. For that purpose, the Customer will supply ParkHost with all the relevant information and co-operation needed to enable ParkHost to do the installation. If there are any costs involved with the software, these will be for the Customer's account.
- Where appropriate, the Server may be covered by the vendor's standard warranties and guarantees. The Customer will not engage in any action that contravenes or voids the vendor's terms of warranty or guarantee. In the event that the Customer engages in any action that contravenes or voids the vendor's warranty, the Customer will bear the costs of any repairs, replacement of or extended warrantees or guarantees regarding the Server.
- The Customer must not remove the Server from a Location, without the written permission of ParkHost and without providing written confirmation that it has taken possession of the Server.
- If the Customer’s Server becomes the target or source of any form of denial of service attack, ParkHost reserves the right to disconnect the Server from the network should it deem that no other solution is possible at that stage.
- ParkHost will not be responsible for the use by the Customer of any software that the Customer may install (and any vulnerabilities including traffic generated as per clause 3.28 that may result from the use of the software). The software is accordingly used by the Customer at its own risk.
- Clause 3.12 will also apply to these Services...
- ParkHost is not responsible for any licensing of any software used by the Customer, other than where the Customer is leasing Microsoft software through ParkHost.
TruServTM Dedicated Hosting Hardware Guarantee
- ParkHost will provide the following limited support to the Customer as part of the Services: the repair or replacement of network cards, patch cables, hard drives, central processing units (CPUs), fans that cause a CPU to fail, memory, motherboards, power supplies and floppy drives ("TruServ™ Problems") at no cost to the Customer. If ParkHost is required to install a new operating system, it will only be obliged to do so with the latest version of the operating system, unless the Customer requests otherwise. In that event, the Customer will procure the relevant operating system software.
Support and Service Level Guarantee
- This Guarantee only applies to TruServ™ Dedicated Hosting Customers. ParkHost will endeavour to respond to all TruServ™ Problems that specifically relate to server hardware within 90 minutes of the problem having been reported to it telephonically. ParkHost will endeavour to resolve the Problems within 90 minutes of the incident having been reported to it.
- If ParkHost does not Resolve (as defined below) the TruServ™ Problem within 90 minutes or the extended period as ParkHost may advise, ParkHost will provide the Customer with a credit equal to one month's worth of the base hosting fee. For purposes of this clause 3.37 "Resolving" means that the Customer's Root Server that was originally provided by ParkHost responds to a ping as measured by ParkHost's network monitoring system. If the Customer's TruServ™ Server not being configured to respond to ping requests, the Customer will supply ParkHost with another means of determining that the Server is visible on the network. A failure on the part of the Customer to do so, will void ParkHost's obligations under this clause 3.39.
Network Uptime Guarantee
- ParkHost guarantees that its network will be available 99.9% of the time in a given month, excluding scheduled maintenance. This means that the Customer should not experience network downtime of more than 43 minutes in any given month counted from the first day of every month. Network uptime includes functioning of all network infrastructure including routers, switches and cabling, but excludes services or software running on the Customer's server. Network downtime exists when a Customer is unable to ping the server and is measured according to ParkHost's monitoring system.
- If network uptime is less than 99.9%, (i.e. downtime exceeds 43 minutes in a given month), ParkHost will credit the Customer 5% of the base monthly fee for every 30 minutes of downtime (up to 100% of the Customers' monthly fee for the affected hosting account or server).
- The Customer will not receive the credit if the TruServ™ Server problem is attributable to:
- scheduled maintenance,
- a degradation of the Service outside ParkHost's control,
- a force majeure event;
- negligent acts or omissions on the part of the Customer that result in the operating system failing;
- the Customer requesting ParkHost to reinstall a version of the operating system software other than the latest version of the operating system software; or
- the Customer being unavailable and ParkHost being unable to establish contact with the Customer to resolve the problem; or
- the Customer failing to follow the prescribed procedure timeously or at all, as provided for in 3.39.
- If the Customer wishes to exercise its right, the Customer will request it by sending an e-mail to ParkHost at billing@ParkHost.co.za. The request must be received by ParkHost within 48 hours of the incident being reported and must include the Customer's account number, the Customer's name as listed on the ParkHost invoice, the date and approximate time of the problem and the TruServTM Server identification code/s or the effective Server. Only once ParkHost confirms the network unavailability according to its monitoring system, will the credits be supplied to the Customer within two billing cycles after ParkHost's receipt of the requests, in accordance with ParkHost's Refund Policy. Despite anything to the contrary, the total amount credited to the Customer in a particular month will not exceed the total hosting fee paid by the Customer for the month in question.
- The Customer will supply his own Server and peripherals, which will be placed at the Location. The Customer will configure the Server to meet the Customer’s own specific requirements.
- The Customer remains solely responsible for all aspects of the Server. ParkHost will be responsible for the facility the Server is stored in and for the network connection only.
- Clause 3.12 will also apply to these Services.
- If the Customer's Server becomes the target or source of any form of denial of service attack, ParkHost reserves the right to disconnect the Server from the network should it deem that no other solution is possible at that stage.
- ParkHost will use its best endeavours to protect the Server from dust, dirt, water leakages, or destructive elements (including lightning, flooding, or fire). ParkHost will furthermore use its reasonable endeavours to provide a smooth, uninterrupted electrical power supply to the Server. Other than as specifically provided for in these Specific Terms, and without limiting the generality of the General Terms, ParkHost will not be liable for any loss or damage as a result of any failure on its behalf.
- Without limiting the generality of the General Terms, ParkHost does not warrant that the Customer will always have access to the Server either remotely or at the Location, but will use its reasonable endeavours to provide the Customer with access reasonably required to access the Server, provided that the Customer will at all times, whilst at the Location, adhere to the standard health, safety and security guidelines laid down for Customers entering the Location from time to time. ParkHost may deny the Customer access to the Location if ParkHost at any time have reason to believe that the Customer is failing to comply with the procedures and guidelines.
- ParkHost is not the owner of the Location where the Customer's Server is located. When the Customer is at the Location the Customer will be bound by any policies and notices relating to the Data Centre that the landlord might have in force from time to time. ParkHost is not responsible for the general building security. ParkHost will not be liable for any damages, injury, or death resulting from the Customer's access to, or use of, the Location or the equipment contained at the Location; or an inability to access and use the Location.
TruServTM Dedicated and Co-Location Hosting Fees
- The Customer will pay ParkHost a base hosting fee for TruServ™ Dedicated Server and Co-Location hosting. The base fee will include the use of electricity to the extent provided to the Customer without additional charge and up to the amount of data transfer allowed each month without additional charge.
- 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, random access memory and hard drive beyond that which is available without additional charge as specifically specified in ParkHost's standard rates available on the ParkHost website that will be additional fees to be paid by the Customer.
- ParkHost 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 (e.g. 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 (e.g. 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.
- ParkHost will endeavour to make the Customer's email environment secure and reliable.
- ParkHost will
- use its reasonable endeavours to support the setup and configuration; and
- not be held responsible should there be any incompatibility between the ParkHost Systems and any other third party application.
- The Customer will not use the ParkHost Email Service to:
- send messages or communications that are unsolicited, offensive, abusive, indecent, or obscene,
- send messages causing annoyance, inconvenience, or anxiety to other users of the Internet,
- send messages for the purposes of fraud or with the intention of committing a criminal offence; or
- use the Email Service in a way that breaches the Acceptable Use Policy.
- ParkHost may prevent the sending of bulk unsolicited Email, to or from a Server where
- ParkHost identifies a Server that has an open mail relay,
- a significant volume of Email is sent from a Domain in a defined time scale; and
- ParkHost has received a complaint concerning unsolicited Email originating from a ParkHost hosted Domain.
- ParkHost may disable a Domain held on ParkHost's Servers to prevent ParkHost's IP addresses being blocked by IP address blocking technologies or services, where ParkHost has any complaints concerning unsolicited Email originating from or unsolicited Email being sent to promote sites being hosted on a ParkHost Server. The Customer of the offending Domain will be obliged to pay any third party costs required to unblock ParkHost's IP address. Refusal to do so may result in termination of ParkHost's hosting services.
Domain Names terms
- All Domain Names registered by ParkHost on behalf of the Customer within the .ZA domain name space, or registered by the Customer directly or through third parties are subject to the terms of the relevant domain name Registrar that may be amended from time to time. ParkHost utilises the Services of various Registrars to register generic Top Level Domains (gTLDs such as .COM and .ORG) as well as names in non-South African country code Top Level Domains (ccTLDs such as .uk and .eu), which registration is subject to the terms of the relevant Registrar or registry, as amended from time to time. Registration, maintenance, or transfer of a Domain Name is subject to the terms of the relevant Registrar operator who allocates and governs the Domain Name. ParkHost cannot guarantee the registration of any Domain Name selected by the Customer. Registrars used by ParkHost may change or be replaced from time to time.
- ParkHost will use its best efforts to attend to the registration of a Domain Name or, where applicable, the transfer of an existing Domain Name as soon as reasonably possible after the commencement of the Domain Services. ParkHost will insert its details as the billing and technical contact of the relevant Domain Name/s, unless the Customer registers the domain itself or manages the domain record with the Registrar directly.
- No Domain Name will become the property of ParkHost and ParkHost will not insert its details as the registrant of any Domain Name.
- The Customer will pay ParkHost (in addition to any Service Fees) all reasonable expenses or charges relating to the registration, transfer, or renewal of a Domain Name. ParkHost will, as part of the Domain Services, host the Domain Name.
- The Customer warrants in favour of ParkHost that:
- it is the lawful registrant of the Domain Name/s or it has the consent of the registrant to use the Domain Name/s or it is not prohibited by law or otherwise from registering the Domain Name/s; and
- in using the Domain Name, it has not violated any Intellectual Property Rights of whatever nature of any person who may lawfully claim title of whatever nature to the Domain Name or to any word or name forming a constituent part of the Domain Name/s.
- ParkHost has no interest in the Domain Name/s and nothing that ParkHost does in the performance of its obligations under the Domain Services will be construed as an assumption of responsibility or liability by ParkHost for attending to the Domain Services.
- ParkHost does not guarantee that the Domain Name/s requested by the Customer is/are available for registration or that the use of the Domain Name/s will not infringe any third party rights. Domains are available on a first come, first serve basis and are available either through ParkHost or directly with a Registrar. ParkHost will not be held responsible if the Customer registers a domain through ParkHost, and provides incomplete or inaccurate information that will lead to a delay in the registration process, and the domain is subsequently taken by someone else.
- ParkHost is not a Domain Name provider, but merely a third party agent acting on the Customer's instructions, to the extent that those instructions are possible and lawful.
- ParkHost charges an additional fee for the administrative processes involved in applying for, and where applicable, maintaining the registration of a Domain Name/s on behalf of the Customer.
- Any Service Fees incurred in the process of applying for, renewal of, or maintenance of registration of the Domain Name/s will be borne exclusively by the Customer and are not refundable.
- Any Internet Protocol (IP) address allocated by ParkHost to the Customer, will at all times remain the sole property of ParkHost who grants the Customer a non-exclusive, non-transferable licence to use the Internet Protocol address for the duration of the ParkHost Hosting Terms.
- Without limiting the generality of the ParkHost Hosting Terms, the Customer indemnifies ParkHost and holds it harmless against any liability or claim made by any person for any loss or damages suffered or arising directly or indirectly from the use, display, or publication of the Domain Name/s.
Changes to the Domain Name
- ParkHost may not cancel, transfer, or change the Domain Name/s, including transferring registration of the Domain Name/s from the registered holder to another person or entity, without being in receipt of:
- written instructions from the Customer or its authorised agent to take action;
- written instructions from the liquidator of an incorporated or unincorporated business, where the business has been wound up, whether provisionally or finally, whether compulsory or voluntary, to do so;
- a written and valid resolution of the members/shareholders/trustees of a close corporation/company/trust authorising the transfer of the domain name from the close corporation/company/trust to the new registrant;
- a written consent signed by all the partners in a partnership where a partner requests that the Domain Name be transferred to the partner;
- a letter from the executor where the registrant of the Domain Name has died requesting that the Domain Name be transferred to a named entity;
- an order of Court in relation to any of 5.10.1 to 5.10.5; or
- being in receipt of an order of an Arbitration Tribunal of competent jurisdiction requiring action in any administrative proceeding to which the Customer is a party and which was conducted under the Uniform Dispute Resolution Policy adopted by ICANN, the Alternate Dispute Resolution Regulations applicable in South Africa or any similar proceedings in any other ccTLD or gTLD (see clause below).
Domain name renewal
- Within 30 days prior to the renewal date of a .co.za domain name and within 60 days prior to the renewal date of all other domain names, ParkHost will submit a renewal reminder to the Customer via email. Should the Customer not want to renew the domain name, the Customer must give notice by clicking on the link provided in the renewal reminder e-mail and this will automatically instruct ParkHost not to renew the domain name. Such notice must be given at least 3 Business Days prior to the renewal date in the case of .co.za domain names and 33 Business Days prior to the renewal date in the case of all other domain names. Should the Customer not give notice as aforesaid, the domain name will automatically be renewed and a renewal fee will be added to the Customer’s invoice.
Default in respect of the Domain Service
- If a Customer fails to pay ParkHost any cost or charge relating to the registration, renewal, update, change, or administration of any Domain Name, ParkHost may, in its sole and absolute discretion:
- exercise a lien over the Domain Name until the relevant cost or charge has been paid,
- procure or allow the suspension, termination, or deletion of the Domain Name; or
- transfer the Domain Name.
Termination of the Domain Service
- If the Domain Service is terminated for any reason, ParkHost may, without incurring any liability or limiting the generality of the ParkHost Hosting Terms, notify the relevant Registrar or registry of the termination and to instruct the Registrar or registry to remove ParkHost or any of its systems as the host of the Domain Name/s even if no replacement is available.
- In the event that 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 ParkHost depends for the provision of the Domain Service to the Customer, ParkHost will use reasonable endeavours to ensure the continuance of the Domain Service. In the event that ParkHost is unable to ensure the continuance under any circumstances, ParkHost will not be liable to the Customer or any other third party for any loss or damages (as contemplated in the ParkHost Hosting Terms) incurred by the Customer or by any third party arising from, or in any way relating to, the termination of the Domain Services.
Domain Name Disputes
- Various alternate dispute resolution mechanisms apply in respect of domain names registered globally, including 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. These mechanisms allow for the resolution of disputes concerning the registration or use of a domain name.
- Disputes between the Customer and any third party regarding the registration or use of any Domain Name registration may be brought under any available alternate dispute resolution mechanisms, Court, or Arbitration Tribunal.
- ParkHost will not participate in any way in any dispute between the Customer and any third party. If the Customer involves ParkHost in any dispute, the Customer indemnifies ParkHost as provided for in clause 12 of the General Terms. The Customer will be responsible for all legal costs incurred by ParkHost on the attorney and own client scale.
- ParkHost offers third party services from time to time. While ParkHost makes every effort to select reliable vendors, maintain relationships and hold them accountable to ensure a reliable service on behalf of Customers, ParkHost does not control and is not responsible for those services and the Customer accordingly uses those third party services at its own risk. Under no circumstances whatsoever shall ParkHost be liable for any loss or damage suffered by the Customer as a result of its use of such third party services including any interruption or unavailability of such third party services. ParkHost accordingly disclaims all liability arising from the Customer’s use of such third party services.
- Compliance with Applicable Law
- No Liability for Unauthorised Disclosure
While ParkHost will do all things reasonably necessary to protect the Customer's rights of privacy whilst on the ParkHost website, ParkHost cannot accept any liability whatsoever for unauthorised or unlawful disclosure of the Customer's personal and confidential information made by third parties who are not subject to ParkHost's control.
- Personal Information
- Consent to Collection
- Types of Personal Information Collected
ParkHost collects personal information when a Customer submits an application form to make use of ParkHost's Services, to become a Reseller of ParkHost or to respond to a ParkHost survey. If you choose to pay for the Services you order from ParkHost by way of debit order, ParkHost will request your banking details to include in the periodic debit order transactions. ParkHost also collects personal information for purposes of improving its Service offering and for purposes of increasing service efficiency.
We use cookie technology which comprises tiny pieces of data or a small text file that is stored on your computer's hard drive and which contains information about you, so that the next time you visit the ParkHost website, the cookie reminds us of who you are, enabling us to achieve our goal of providing a valuable online experience to you. You are able to however, disable this cookie technology in your Internet browser.
- Customer Data
The Customer Data collected by ParkHost is used solely in connection with granting you access to the website, to konsoleH and for purposes of monitoring the Reseller/Customer's use of the website so as to limit or prevent breaches of security.
- Disclosure of Personal Information
Subject to your right to withdraw your consent in certain instances, you agree that we may obtain your personal information and use it, for certain specified purposes, including for, internal ParkHost marketing and contract administration as well as to enable us to collect your debit order payment. We will also provide personal information to law enforcement authorities in response to subpoenas and other lawful requirements where we believe that the disclosure of such personal information is necessary to identify, contact or institute legal proceedings against third parties who jeopardise the provision and rendering of the Services by ParkHost.
- Retension of Personal Information
All personal information will only be retained for as long as it is necessary to fulfil the purposes mentioned in clause 9 above.
- Accurate and Up To Date
ParkHost will use its best endeavours to keep the personal information it collects as accurate, complete and up to date as is necessary for the purposes mentioned in clause 9 above, and ParkHost shall, from time to time, request the Customer to update its personal information on the website or via konsoleH. You are able to review or update any personally identifiable information that we hold on you by accessing your account via konsoleH or by e-mailing us or phoning us. Please note that in order to better protect you and safeguard your personal information, we do take steps to verify your identity before granting you access to your account or making any corrections to your personal information.
ParkHost uses encryption, firewalls and other security technology and procedures to help protect the confidentiality of your personal information and prevent unauthorised access or improper use thereof. All personal information is securely stored in ParkHost's Customer Database.