Terms + conditions.

01. Services.
  1. Afrihost registers Domains on the internet through the relevant governing bodies and hosts websites and related material on the Afrihost server(s) on behalf of Clients. These Service Terms apply to the use and registration of Domain Names and the web Hosting Services offered by Afrihost.
  2. For more information about Domains and Hosting, please visit our help centre here.
02. Domain registration.
  1. Afrihost registers Domains through approved Domain registrars, such as OpenSRS (for gTLDs). Afrihost may, at its discretion, use other approved entities for registration, but in general may limit Domains offered based on availability from the Registrar concerned.
  2. Afrihost’s Hosting and free registration is sold as a bundled package and cannot be separated, i.e. Afrihost will not pay for registration if it is not combined with any of its Hosting Services.
  3. The Client will be bound by the terms and conditions of the relevant Domain Name space (e.g. .com or .co.za) under which any Domain Name registered on its behalf falls, and should become familiar with them. Afrihost may post links to these terms and conditions on the Afrihost Website purely as a convenience for the Client.
  4. Where Afrihost is acting as a Registrar or reseller in registering a Domain Name for the Client, the Client may be required to agree to further terms. Afrihost will provide the Client with a link to these terms, which are incorporated into this Agreement by reference.
  5. Afrihost will strive to ensure that registration of Domains and subsequent DNS propagation is carried out in the shortest period of time. However, Afrihost cannot be held liable for any delays that may accompany the registration of Domains. Initial setup Fees are non-refundable. Domain name registration Fees constitute a once-off payment subject to certain renewal charges.
03. Domain renewal.
  1. Afrihost will register a Domain for a specified period (generally one year).
  2. Thereafter, the Client is solely responsible for ensuring that the Domain is renewed at the end of that period, and subsequent periods, until the Domain is either cancelled or transferred by the Client. This includes Domains which have been set to auto-renew. Should the auto-renewal process fail, the onus will be on the Client to notify Afrihost of the failure.
  3. Afrihost will endeavour to send a courtesy reminder to the Client, such as an SMS, email, or a Client Interface notification. Such reminders in no way transfer responsibility to Afrihost for ensuring that the Domain is renewed.
  4. Should this reminder fail to reach the Client, or should the reminder fail to be issued, this will not constitute a breach of this Agreement, as this is solely performed as a courtesy.
  5. Clients registering Domains must take note of the registration date, and ensure that the Domain is renewed accordingly.
  6. Clients may manually renew Domains by accepting renewal in Client Interface, or by selecting auto-renewal in Client Interface and ensuring that this is carried out by Afrihost.
04. Domain transfer.
  1. Afrihost will transfer existing (registered) Domains from existing Hosting providers to Afrihost's DNS and web servers. Upon requesting the transfer, and accepting Afrihost’s Terms and Conditions applicable, which include these Service Terms and the EULA, the Client explicitly agrees that it has the authority to do so, being the registrant of the Domain in question, or having been nominated as an agent of the registrant. The Client thereby indemnifies Afrihost from any disputes regarding ownership of the Domain and any claims as a result thereof.
05. Free domain registration.
  1. Domain registration, excluding any Domain renewals, may be provided free of charge with Hosting Services, depending on the nature and type of TLD (Top Level Domain). If the Domain and related website are not hosted with Afrihost within 3 (three) months after registration of the Domain, Afrihost may in its discretion commence charging a parking Fee in respect of the Domain. Parking Fees are communicated to Clients on the order form and/or on the Client Interface when signing up, or on the Client Interface if changes to a Domain package are made.
  2. If a Domain is registered for FREE as part of a package with a Hosting Service, and the Hosting Service is cancelled (or the Domain transferred) within 6 (six) months after the commencement of the Hosting Service, then Afrihost may charge a retrospective Domain registration Fee in respect of that Domain. That registration Fee will be what the Client would have paid for registration if the Domain had not been bundled with the Hosting Service.
  3. The registration Fee must be settled before any Domain transfer will be allowed with the applicable Registrar.
  4. Afrihost will not tolerate any abuse of its free registration policy. Any such abuse will result in the immediate termination of accounts concerned and the Agreement, as well as possible further action to recover applicable costs from the Client.
  5. Any free registration of Domains, whether bundled with another Service or not, will not include renewal or other subsequent Fees or costs related to the Domain, which are payable by the Client. This includes Domain renewal Fees where the Domain is automatically renewed.
06. Compliance with ZARC Policies & Terms.
  1. Clients who register a domain with an extension containing .co.za, .org.za, .net.za and .web.za agree to the ZA Registry Consortium (ZARC) Registrant Agreement Mandatory Terms found here for as long as the Client uses the Service.
  2. The ZARC Policy for each domain extension as applicable, found here, indicates that the registrant contact details have to be updated to the legitimate beneficiary of the Domain which would be the Domain owner and not a reseller.
  3. THE REGISTRANT, BEING THE LEGITIMATE BENEFICIARY OF THE DOMAIN NAME SERVICE, MUST BE ACCURATELY IDENTIFIED ON THE DOMAIN NAME RECORD BY ITS FULL LEGAL NAME; and
  4. The registrant’s designated email address must be accurately identified on the Domain Name record where prescribed.
07. Payment and payment terms.
  1. Payment will be dealt with as described in the General Terms.
08. Shared Hosting.
  1. Afrihost does NOT provide SMTP mail Services by default with shared Hosting packages.
  2. Afrihost reserves the right to suggest suitable alternatives to the Client and / or charge for excessive traffic or system resources as it deems necessary, at its sole discretion. Excessive traffic or use of system resources will be determined as set out in the Acceptable Use Policy.
  3. Afrihost reserves the right to move a website between web servers and internet backbones, both within South Africa and internationally as it deems necessary. If a Client moves in excess of their monthly web traffic allocation, then the Client will be contacted, and various options will be presented.
  4. Afrihost reserves the right (but does not assume any obligation) to inspect the contents of Data that the Client transmits, receives or stores on an Afrihost server to ensure compliance with this Agreement, Afrihost’s AUP, or any applicable laws, regulations or codes of practice.
  5. The Client must immediately and adequately respond to a denial of service attack (DOS / DDOS). If the Client’s facilities are targeted by a DOS /DDOS attack that affects other network users, the Client’s Service will be suspended.
09. Dedicated Hosting.
  1. Afrihost may provide dedicated servers to Clients for the purposes of their Hosting needs depending on the Service. However, ownership of physical hardware rests solely with Afrihost at all times. Clients may not make any claim to hardware deployed for their Hosting, and may not have access to Afrihost property, hardware or Hosting infrastructure (such as data centres) without prior consent, which must be obtained by written application with a minimum of 24 hours’ notice. Afrihost, at its discretion, may refuse such requests within reason.
  2. SHOULD A CLIENT PROVIDE ITS OWN PHYSICAL HARDWARE FOR A DEDICATED HOSTING SERVICE AND FALL INTO ARREARS WITH REGARD TO THE CLIENT’S ACCOUNT PAYMENTS, THE CLIENT AGREES THAT AFRIHOST WILL BE ENTITLED TO EXERCISE A RIGHT OF LIEN OVER THE CLIENT’S HARDWARE. SHOULD A CLIENT FAIL TO TIMEOUSLY SETTLE ANY ARREARS AS PER THIS AGREEMENT, AFRIHOST SHALL HAVE THE RIGHT, AT ITS SOLE DISCRETION, TO SELL THE CLIENT’S PHYSICAL HARDWARE IN ORDER TO RECOVER THE OUTSTANDING AMOUNTS. ANY EXCESS PROCEEDS FROM THE SALE OF THE PHYSICAL HARDWARE WILL BE REFUNDED TO THE CLIENT. THE CLIENT INDEMNIFIES AND HOLDS AFRIHOST HARMLESS AGAINST ANY CLAIMS ARISING FROM THE EXERCISE OF THE LIEN AND SALE OF THE PHYSICAL HARDWARE, PROVIDED THAT SUCH SALE IS CONDUCTED IN ACCORDANCE WITH THIS CLAUSE.
10. Cloud Hosting.
  1. Afrihost reserves the right to manage the cloud environment at its discretion for the overall benefit of cloud hosted Clients. Any virtual machine which Afrihost deems at its sole discretion to have a negative effect on the environment may be powered down or suspended.
  2. Afrihost reserves the right to move a cloud server between our virtual environments and internet backbones, both within South Africa and internationally as it deems necessary.
11. 100% website uptime guarantee.

Afrihost guarantees that its Hosting Services will attain 100% availability, subject to the following.

  1. The 100% website uptime guarantee is applicable only if the web server on which a Client's web Hosting Service resides crashes or goes down at an unscheduled time. This guarantee is not valid if there is any network problem between the Client and the web server which prevents the Client from seeing the web server, for instance - if the Client's ISP's link to the respective data centre goes down or is faulty, but the web server Afrihost hosts is still up, Afrihost is not responsible for the Client not being able to reach their website.
  2. Afrihost is not responsible if any third party operated network or service experiences problems and outages (i.e. all network infrastructure and links, Client's internet connection, firewall service managed by external parties). If the applicable web server is up and running at all times then the website will be deemed to have achieved 100% uptime.
  3. The 100% uptime guarantee does not apply to any scheduled downtime for maintenance of any of the Afrihost web servers. If there is scheduled maintenance to be done the Client will be notified at least 24 hours in advance. The scheduled maintenance will always be done after hours (based on Central African Time (CAT)) and the web server downtime will be kept to a minimum.
  4. The 100% uptime guarantee does not apply if Afrihost suspends the Client’s Service as allowed in terms of this Agreement.
  5. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual Services.
  6. Disputes arising out of the uptime guarantee must be submitted in writing and claims may not exceed Fees paid (either monthly or on a pro-rata basis) to Afrihost for Services not received during downtime. No direct or indirect losses or damages resulting from downtime may be claimed. Service Level commitments will also be taken into account when reviewing disputes. Where agreed provisions have been met, such disputes will be dismissed.
  7. The Services provide access to the internet, which is subject to bandwidth constraints, system failures and all manner of other factors that may impact on the Client’s access, for which Afrihost accepts no responsibility.
12. Use at client’s risk.
  1. Afrihost will exercise no control whatsoever over the content of the material hosted on, or the information passing through the Afrihost network and in no way moderates such content.
  2. Clients expressly agree that use of Afrihost's server(s) and Services are at their sole risk.
13. Backups.
  1. Clients are solely responsible for backing up their Data and Afrihost strongly encourages ALL Hosting Clients to do so as frequently and completely as possible. Afrihost will not be liable for any Data loss, or any other losses or damages related to backups or Data recovery without exception.
  2. Afrihost may, in some instances, offer a separate backup Service in conjunction with dedicated Hosting, and will make such backups available to Clients on request as and when they are available. However, Afrihost does not warrant or guarantee the availability, completeness or “up to date” status of such backups.
  3. Clients are ultimately responsible for their own Data, and Afrihost strongly encourages such Clients to continue to make their own backups as frequently and completely as possible to ensure that they have recourse in the event of any failure.
  4. Afrihost also cannot guarantee the condition or fitness of any backups provided. Such backups are provided "as is" and are used at the Client’s own risk and discretion - whether restored by Afrihost by instruction from Clients or by Clients themselves.
  5. Afrihost will not be liable for any losses or damages relating to any incidents arising out of such backups being provided (or not provided) to Clients on request.
14. Spam / virus filtering.
  1. Afrihost provides a spam and virus filtering system to protect Clients from unsolicited mail and viruses. The Client acknowledges that this system might incorrectly identify a valid message as spam or as a virus and consequently this message might not be delivered to the Client. The Client acknowledges and agrees that Afrihost shall without limitation have no responsibility for, or liability in respect of any Data lost as a result of this system.
  2. Afrihost reserves the right to examine incoming or outgoing mail to the extent necessary to determine if it is classified as spam or malicious.
15. Webmail.
  1. Webmail and other web-based email Services made available by Afrihost are provided on an "as is" basis without representations, warranties or conditions of any kind, and the Client acknowledges and agrees that Afrihost shall have no responsibility for, or liability in respect of, any aspect of the webmail Services, including without limitation for any lost or damaged Data or any acts or omissions of Afrihost. As webmail storage space is limited, some webmail messages may not be processed due to space constraints or message limitations.
16. Limitation on mail size.
  1. Individual mail sent to the Client's POP3/IMAP box or forwarded to the Client's existing email address may be limited to 25MB in size each.
17. Take-down notice procedure.
  1. In terms of section 75 of the Electronic Communications and Transactions Act ("the ECT Act") the Internet Service Providers' Association (ISPA) can instruct Afrihost to perform a site take-down upon receipt of notification of infringements as defined in Section 77 of the ECT Act.
  2. Enquiries can be directed to ISPA at:
    Postal address: PO Box 518, Noordwyk, 1687, Midrand,
    Tel: 010 500 1200,
    Email: takedown@ispa.org.za.
  3. Should Afrihost receive a valid take-down notice from ISPA, Afrihost will endeavour to:
    1. Notify the Client in good time of the take-down notice.
    2. Allow the Client reasonable time to remove the disputed, illegal or infringing content.
    3. Take-down any sites or Services which are included in the ISPA take-down notice.
  4. IN TERMS OF SECTION 77(3) OF THE ECT ACT, THE CLIENT AGREES THAT AFRIHOST SHALL NOT BE LIABLE FOR A WRONGFUL TAKE-DOWN IN RESPONSE TO A VALID TAKE-DOWN NOTICE.
18. IP addresses.
  1. Afrihost will issue IP addresses to dedicated servers or to other Hosting servers, either as part of the standard Service, or upon request (subject to applicable Fees). IP addresses will be assigned to Clients at Afrihost’s discretion and on a first come first served basis.
  2. The Client acknowledges that IP addresses are not property and cannot be owned. As a result the Client has no right or expectation of a right to any IP address assigned to it.
19. Software updates.
  1. Afrihost will be responsible for updates to operating systems and shared libraries on shared Hosting servers.
  2. Afrihost will only effect Software updates to operating systems on managed dedicated servers (including shared cloud servers). Afrihost will not affect other updates on unmanaged servers, as this is not part of the Service offered.
  3. For shared Hosting and managed dedicated solutions, Afrihost will implement security updates, Software patches and other updates or upgrades from time to time, to maintain the best performance, at their sole discretion. These upgrades include, but are not limited to, PHP, MySQL and CPanel release versions. Afrihost is under no obligation to effect such upgrades, or to rectify any impact such changes could potentially have to Hosting Clients.
20. Disclaimers, limitations and indemnities.
  1. In addition to the limitations on liability and indemnities set out in the General Terms, Afrihost will not be liable for any loss or damage, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, delict, or otherwise which may be suffered as a result of or which may be attributable, directly or indirectly, to the use and/or registration of the Client's selected Domain Names/s OR ANY ACTION TAKEN BY AFRIHOST IN RESPONSE TO THE ABUSE OF THE DOMAIN REGISTRATION SERVICES WHICH IT OFFERS.
  2. The Client hereby indemnifies and holds harmless Afrihost against any loss whatsoever arising from any dispute or claim or other action occasioned by the Client's use and registration of its selected Domain Name, even if Afrihost has been advised of the possibility of such damages.
  3. Afrihost does not warrant that Afrihost's Hosting Services will not be interrupted or error-free; nor does it make any warranty as to the results that may be obtained from the use of the Hosting Service or as to the accuracy, reliability or content of any information Service or merchandise contained in or provided through the Afrihost Hosting Service, unless otherwise expressly stated in this Agreement.
  4. Afrihost expressly limits its liability to the Client for damages suffered due to any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Afrihost specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
  5. Afrihost is not responsible if an external company network and firewall is set up to block access to Services Afrihost provides. If a Client's network is set up to block certain ports or web addresses that compromise the Services Afrihost provides it is the Client's responsibility to ensure that their network configurations are changed as necessary.
  6. Clients also hereby indemnify Afrihost against any third party claims against themselves as resellers or Services provided to the public or privately. Clients will be solely liable to external parties for losses and may, in no way, petition Afrihost to share or cover such losses or liability, either directly or indirectly. Afrihost is also indemnified from direct claims from Clients for losses incurred due to 3rd party actions or claims.