Terms of Service
SEAWAVES TECHNOLOGY AND TRADING (PTY) LTD – TERMS AND CONDITIONS OF SERVICE
Version 1.0.1 – Last updated 31st May 2019. Replaces all prior versions.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE OR OUR SERVICES
SCHEDULE 1: GENERAL TERMS
1 Terms of website use
1.2. We collect and use your information to enable us to provide you with our web hosting and domain registration services (collectively referred to as “Services” or the “Service”). Seawaves Technology and Trading (Pty) Ltd, trading as Sea-Waves Technology in this instance, provides services via it’s website, seawavestechnology.co.za (collectively referred to as the or our “Site”).
1.3. Seawaves Technology and Trading (Pty) Ltd is the controller and responsible for your personal data (collectively referred to as “Company”, “we”, “us”, “our” or “Sea-Waves Technology” in this document). Our registered address is A1025 Sibonelo Road, Mandini, 4490, our Company Registration Number is 2016/190589/07
The terms listed below will have the following meanings in this Agreement:
2.1. “Acceptable Use Policy” or AUP means the document with that heading available on the Sea-Waves Technology Website, as amended from time to time.
2.2. “Agreement” means these Standard Terms, as well as the relevant Service Order(s), Service Terms and any schedules or annexures relating to them or to this document, which all form part of the Agreement.
2.3. “Affiliate” means, in relation to a Party, the Party’s holding company, its subsidiaries, the subsidiaries of its holding company and any other companies which, directly or indirectly, is controlled by the Party, controls the Party or is under common control with the Party.
2.4. “Business Day” means any day other than a Saturday, a Sunday or a public holiday in the Republic of South Africa.
2.5. “Business Hour” means a period of 60 minutes between the hours of 08h00 and 17h00 South African Time, on a Business Day.
2.6. “Charges” means the rates to be paid by the Customer for the Services as set out in the Charges Schedule [is it possible to put these in a schedule so details may be updated once instead of in each document]
2.7. “Customer” or “You” is the party described as such on any Service Order executed between you and Sea-Waves Technology with contact details as entered on the Service Order.
2.8. “Customer Data” means information collected for the purpose of identifying customers as well as photographs, websites, videos, data and e-mail messages that are transmitted via the Sea-Waves Technology
2.9. “Customer Equipment” means any equipment owned by the Customer, including without limitation servers, peripherals, routers, switches, Software, Databases, data cables, hard drives and uninterruptible power supplies.
2.10. “Customer System” means the Customer Equipment and Software operated together by the Customer as a system.
2.11. “Customer Support Ticket Area” means the online account administration facility provided to Customers at the Sea-Waves Technology
2.12. “CPA” means the Consumer Protection Act, 68 of 2008.
2.13. “Data” means electronic representations of information in any form.
2.14. “Database” means a collection of related data including, but not limited to, text, images sound and video, all of which have been created and integrated using a method of connecting and displaying the data into a collection of interrelated independent files or data which are stored together.
2.15.“Sea-Waves Technology Equipment” means any equipment supplied to the Customer by Sea-Waves Technology in terms of this Agreement but which the Customer does not own, or any equipment possessed by Sea-Waves Technology.
2.16. “Sea-Waves Technology System” means equipment operated together as a system by Sea-Waves Technology to provide any Service, including without limitation servers, peripherals, routers, switches, Software, Databases, cables, generators, and uninterruptible power supplies.
2.17. “Sea-Waves Technology Website” means the Internet website published at the URL www.seawavestechnology.co.za or another URL that Sea-Waves Technology notifies the Customer of from time to time.
2.18. “Domain Name” means an Internet subdomain registered with an authorised registrar appropriate to its top-level domain (“TLD”) and comprising its constituent domain name server records including, but not limited to, host names, aliases and mail exchange (“MX”) records.
2.19. “Emergency Maintenance” means maintenance to the Sea-Waves Technology System intended to remedy existing circumstances or prevent imminent circumstances that are likely to cause danger to persons or property, an interruption to the Services, or substantial loss to Sea-Waves Technology, the Customer or any third party.
2.20. “Fees” means the fees and / or charges due to Sea-Waves Technology by the Customer in respect of Goods or Services provided by Sea-Waves Technology to the Customer in terms of this Agreement.
2.21. “Goods” means any and all goods to be provided by Sea-Waves Technology to the Customer in terms of this Agreement, including without limitation equipment, hardware and third party software.
2.22. “Hosting Service” means the type of hosting service selected by the Customer, either Website Hosting, Reseller Hosting or Email Hosting as described in the Schedule and the Service Order.
2.23. “Intellectual Property Rights” means patents, registered designs, trade marks (whether registered or otherwise), copyright, trade secret rights, database rights, design rights, service marks and other intellectual property rights and rights to claim something as confidential information, including in other jurisdictions, that grant similar rights.
2.24. “Malicious Code” means anything that contains any computer software routine or code intended to:
2.24.1. allow unauthorised access or use of a computer system by any party, or
2.24.2. disable, damage, erase, disrupt or impair the normal operation of a computer system, and includes any back door, time bomb, Trojan horse, worm, drop dead device or computer virus.
2.25. “Party” means either of Sea-Waves Technology or the Customer and “Parties” means both of them collectively. The term also includes their successors and anyone to whom their rights have been assigned (if this is permitted).
2.26. “Personnel” means any director, employee, agent, consultant, contractor or other representative of a Party.
2.27. “Personal Information” has the meaning set out in POPI.
2.28. “POPI” means the Protection of Personal Information Act, 4 of 2013.
2.30. “Service” means a service provided by Sea-Waves Technology to the Customer in terms of this Agreement.
2.31. “Service Order / Order” means a goods, license, services and / or work order agreed to in writing or by subscription on website (which includes reference to email or via the Sea-Waves Technology Website) by both the Parties in terms of this Agreement and relevant Service Terms listing the specific Goods or Services to be provided by Sea-Waves Technology to the particular Customer.
2.32. “Service Terms” means a schedule describing the terms on which Sea-Waves Technology will provide a particular Good or Service, as amended from time to time, read with the General terms, such as the Hosting terms, Domains, AUP.
2.33. “Standard Terms” or “Sea-Waves Technology Standard Terms” means this document.
2.34. “Software” means any computer programme (whether source- or object code), as well as any database structure or content, artistic work, screen layout, cinematograph film, sound recording, preparatory material, user or technical documentation or any other work created in connection therewith and any modifications, enhancements or upgrades thereto.
2.35. “Supplier” means a supplier of goods and / or services to Sea-Waves Technology.
2.36. “Reseller” means You, as the party who has accepted these Reseller Terms.
2.37. “Time and Materials Rate” means Sea-Waves Technology’s standard time and materials Fees and charges applicable from time to time, including all expenses reasonably and actually incurred by Sea-Waves Technology, including for travel, accommodation and subsistence.
2.38. “Registrar” means an entity who has been accredited by the Administrator to perform Domain Name related transactions in the .ZA Domain name space.
2.39. “Registrant” means the entity applying to register a Domain Name.
3 Our contract with you
3.1. These Terms, together with the documents referred to in it, constitute the entire agreement between you and us (the “Contract”, the “Contractual Agreement”, the “Agreement” or the “Hosting Agreement”). You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or the documents referred to in them. Nothing in these Terms will affect these legal rights.
3.2. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. After you place an order, you will receive an email from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. We will confirm our acceptance to you by sending you an email (“Order Confirmation”). The Contract between us will only be formed when we send you the Order Confirmation. If we are unable to supply you with the Service ordered, for example because of an error in the price on our site, we will inform you of this by e-mail but we may still process your order. If you have already paid for the Service, we will refund you the full amount.
4 Other applicable terms
4.1.2. Our Acceptable Use Policy [https://seawavestechnology.co.za/terms/aup], which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
4.1.4. Our Unlimited Usage Policy [https://seawavestechnology.co.za/terms/aup], which sets out the permitted used and prohibited uses of our ‘Unlimited Hosting Plans’.
4.1.5. Our Domain Policy [https://seawavestechnology.co.za/terms/domain], which sets out terms for registration, renewal, redemption, transfers, cancellation and termination.
4.1.6. Our Payment & Refund Policy [https://seawavestechnology.co.za/terms/billing], which sets our
4.1.7. Our Reseller Policy
5 Information about us
5.1. ‘seawavestechnology.co.za’ is a site operated by Sea-Waves Technology (“We”). We are registered in South Africa under company number 2016/190589/07 and have our registered office at A1025 Sibonelo Road, Mandini, 4490. We are a private company.
6 Changes to these terms
6.2. Please check this page from time to time to take notice of any changes we made, as they are binding on you.
7 Changes to our site
7.1. We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
7.2. We do not guarantee that our site, or any content on it, will be free from errors or omissions.
8 Fees and Payment
8.1. The Customer will be liable for and will pay the Fees in respect of Services supplied in terms of this Agreement on the basis set out in the Service Orders, without deduction or set-off.
8.2. Sea-Waves Technology may at its sole instance require the Customer to make payment by way of debit order.
8.3. Unless otherwise agreed:
8.3.1. Billing will commence on the date that Service provision commences.
8.3.2. Partial months (if applicable) will be charged pro rata, and this Fee may be included in the following month’s charge for convenience’ sake.
9.3.3. All other invoices must be paid by the Customer within ten (10) calendar days of the date of Sea-Waves Technology’s invoice.
8.3.4. Pre-paid Fees must be paid by the 7th day of the relevant month.
8.3.5. All Fees and other amounts payable are quoted inclusive of VAT.
8.3.6. All transactions are processed in South African Rands (ZAR) unless otherwise agreed upon in writing from the Accounts department or Management.
8.3.7. Should the Customer elect to pay via Cash or Cheque payments, services shall only be activated once the proof of payment has been faxed or emailed through to Sea-Waves Technology and said amounts are cleared by the bank. Sea-Waves Technology is not responsible for domains being lost, or taken by a third party during the transition period between the registration and the receipt & clearing of the payment for said domains.
8.3.8. All cash / ATM and / Teller deposits will be subject to the bank fees as set out by the bank.
8.3.9. If payment is made from any other bank other than FNB then it is your responsibility to allow for up to 2 days’ delay before payments will be processed. E.g.: If your due date is on the 1st then you will need to ensure your payment is made at least 2 days before the 1st. All Cash Deposits will incur a Fee of R30.00 for each deposit made, this additional Fee will be added to your next invoice.
8.4. Interest will be charged on any amount that remains unpaid by the Customer beyond the due date of payment:
8.4.1. The interest rate will be 2% (two percent) above the prime overdraft rate (percent, per annum), up to a maximum of 2% per month.
8.4.2. The prime overdraft rate will be as charged by Sea-Waves Technology’s bankers at the time, which will be evidenced by a certificate issued by any manager of that bank, whose authority it shall not be necessary to prove.
8.4.3. The interest will be calculated from the due date of payment to the date of actual payment, both days inclusive, and will be compounded monthly in arrears. The Customer agrees and undertakes to pay the interest.
8.5. Sea-Waves Technology may at its sole discretion suspend the provision of Services in respect of which any amount is outstanding:
8.5.1. immediately where a debit order fails due to incorrect information or insufficient funds (with a delay in reconnection of up to 72 hours in the case of multiple bounces), or
8.5.2. on 5 (five) Business Days written notice to the Customer in any other case,
8.5.3. unless the amount is the subject of a legitimate billing complaint by the Customer. Such suspension will not relieve the duty upon the Customer to make payment of subsequent Fees for that service or any other amounts due to Sea-Waves Technology.
8.6. Reconnection of any Service suspended in terms of clause 4.4 will be subject to a reasonable reconnection Fee which will be published on the Sea-Waves Technology Website from time to time.
8.7. Termination of any annual or bi-annual account before its pre-paid term ends will be subject to a reasonable administration which will be published on the Sea-Waves Technology Website from time to time.
8.8. Should any amount be outstanding by more than 60 Business Days, Sea-Waves Technology may refer the matter to a debt collection agency or attorney for collection. Should it do so, the Customer will be liable for a reasonable administration Fee which will be published on Sea-Waves Technology Website from time to time, as well as any legal costs arising from collection of the debt.
8.9. If a particular Service is provided by calendar month, and the commencement date for that Service is not the beginning of a calendar month, the Fee for that first month will be reduced proportionately.
8.10. Sea-Waves Technology may increase or decrease the Fee for any Service from time to time, and this will be done in the same way as an amendment of this Agreement (see clause 6).
8.11. The Customer will reimburse all reasonable expenses that are necessarily and actually incurred by Sea-Waves Technology and Sea-Waves Technology’s Personnel in fulfilling Sea-Waves Technology’s obligations in terms of this Agreement. Such expenses include, but are not limited to, travelling, subsistence, goods and services purchased on the Customer’s behalf, communications, stationery, reports and presentation material. Travelling and subsistence expenses will be agreed between the parties from time to time.
8.12. The Parties agree that in the event of any dispute in respect of monies owing to Sea-Waves Technology which have not been paid by the due date; Sea-Waves Technology:
8.12.1. may retain any Customer Equipment which is in its possession in pursuance of any Service Order as security for payment of any disputed amount, and
8.12.2. will be entitled, but not obliged, to dispose of such Customer Equipment in order to recover any amounts so owing should such amounts have been outstanding for a period of more than 60 (sixty) days from due date.
8.13. If a Customer has been given a discount as a result of referring a third party to Sea-Waves Technology, the discount will be forfeited if the referee terminates its Agreement with Sea-Waves Technology within three (3) months of commencement.
8.14. Sea-Waves Technology may record the existence of the customer’s account with a Credit Bureau.
8.15. Sea-Waves Technology may record and transmit details of how the customer has performed to a Credit Bureau, and how the account is conducted by the customer in meeting their obligations on the account.
9 Debit Order Authorisation
9.1. By accepting these Terms and Conditions, Customers hereby authorize Sea-Waves Technology to debit their nominated bank account or credit card any variable amount pertaining to the service or products they have selected, on sign up for a calculated pro-rata and thereafter in the beginning of each month (or on signup entirely for purchase of non-service products). This sum being the amount for settlement of the monthly amount due by the Customer in respect of services or products.
9.2. The Customer authorises Sea-Waves Technology’s nominated agent to debit their account or card on Sea-Waves Technology’s behalf. The debit authority will remain in force until such services or products are cancelled, though the Customer agrees that debits related to cancellation notice periods will be honoured before the expiration of the debit authority.
9.3. The Customer agrees that the party hereby authorized to debit their bank account or credit card may not cede or assign any of its rights and that the Customer may not cede any of their obligations in terms of this debit order instruction to any third party without prior written consent of the authorized party.
9.4. In instances where the Customer has requested that Sea-Waves Technology deduct their service Fees using their credit card, it is their responsibility to ensure that they provide valid and current credit card details. The Customer will be held liable for all fines and penalties charged by Visa and MasterCard resulting from a failed transaction due to incorrect details.
9.5. A processing fee of R50.00 is charged on all returned debit orders.
10.1. Account usage is checked frequently. All accounts will receive notification when bandwidth usage is nearing the account’s limit. Overusage will result in automatic account suspension unless a prior Agreement has been reached. Usually the cheapest option is to upgrade to the next package where available, otherwise the account may be suspended with immediate effect. Upon suspension please contact us to arrange upgrade pricing.
10.2. If not specifically stated to the contrary, our services are intended to be used for the purposes of hosting websites and email. Batch processing, video encoding/transcoding, web crawling/spidering, archiving and online backup systems and any system designed to consume CPU or disk resources for purposes other than hosting a website are not permitted on our shared hosting servers. However, you may use such tools on a VPS or dedicated server. We reserve the right to enact defensive movements to maintain the stability of our systems for all customers.
10.3. If you believe your website may be susceptible to high or otherwise abnormal usage you must contact us to discuss the suitability of your hosting environment.
11 Cancellation, termination, and disputes
11.1. Cancellation notices for all services must be given at a minimum of 30 days in advance of the next billing date. For Shared and Reseller Hosting services, we only enforce a 14-day cancellation policy, however SSL certificates, Domains, VPS and Dedicated servers require a cancellation notice at least 30 days before the next billing date. For shared hosting, an account credit may be granted for each whole unused month, at our sole discretion. No cash refunds will be granted unless a payment has been taken in error. Refunds for prepaid dedicated servers and VPS will only be granted where there is a genuine irreconcilable problem with the service and at management’s discretion. All unpaid or outstanding invoices must be paid before a cancellation can be processed.
11.2. A breach of any of our terms and conditions will result in immediate termination with no refund. If any customer uses our service for purposes deemed unlawful, we reserve the right to immediately terminate the service, and no refund will be provided.
11.3. Setup Fees are non-refundable. Any disputes should be expressed in writing via a valid written contact method as listed on our contact page.
12 Customer Conduct
12.1. Under no circumstances will we tolerate threatening or abusive behaviour towards our staff. Should this occur, we reserve the right to terminate the Hosting Agreement with immediate effect.
12.2. Should the customer, during the course of a telephone or live chat conversation, email or support ticket, make reference to “legal action” or say anything we might reasonably understand to imply or infer that the customer may intend to pursue a legal claim against us, we reserve the right to suspend or terminate the customer’s Account with immediate effect, terminate the Hosting Agreement and execute immediate, temporary or permanent withdrawal of your right to use our site and services. In addition, we will refuse telephone support going forward. Any further correspondence must then be sent by email.
12.3. If a staff member or customer feels in any way threatened through the direct or indirect actions of another customer, we reserve the right to provide all evidence, including chat logs and phone call recordings, to the police or other relevant authority. We will use reasonable endeavours to ensure threatening and abusive customers are reported to the relevant authority, and if commercially viable, pursue legal action.
12.4. Should we feel that your needs would be better served by another provider, we reserve the right, at our sole discretion, to terminate the Hosting Agreement. Where it is reasonable to do so, we will provide a 7-day notice of termination and provide a backup of all website content and emails, however, under certain circumstances there may be no required notice period.
13 Refusal of Service
13.1. Sea-Waves Technology reserves the right, in its sole and absolute discretion, to suspend or terminate your Account for any reason, with immediate effect. We reserve the right to refuse our services to any Customer. If the Customer already has an active service, as long as the Customer is compliant with our policies, we will make every effort to contact the Customer and provide a backup of data before terminating their service. We may also ask any Customer to produce proof of identity and proof of address. If a Customer fails to provide this verification, we may cancel and refund their order. We may choose to ban a Customer by immediate, temporary or permanent withdrawal of your right to use our site and services. Should this be the case, we will inform them via email, live chat, phone, or in some cases in person. In the case of a ban, the Customer will not be entitled to a refund for the unused portion of their service. Should the Customer continue to place orders, we may ban their IP address from accessing Sea-Waves Technology’s servers. Sea-Waves Technology reserves the right to terminate the Hosting Agreement at any time, at our sole discretion.
13.2. Please note, should a Customer violate any of our Policies, including those referred to in these terms, this will result in immediate termination without notification or reimbursement, as stated in our Terms of Service.
13.3. Sea-Waves Technology reserves the right to suspend or terminate the customer’s account, terminate the Hosting Agreement and refuse service to the customer if he/she violates any of our rules, including but not limited to:
- [iconpress id=”local_5″ title=”arrow alt circle right” style=”color:#525252; font-size:10px;” ] the customer uses offensive or violent actions against others;
- [iconpress id=”local_5″ title=”arrow alt circle right” style=”color:#525252; font-size:10px;” ] the customer uses threatening behaviour towards others;
- [iconpress id=”local_5″ title=”arrow alt circle right” style=”color:#525252; font-size:10px;” ] the customer takes part in activities relating to illegal drugs, gambling, weapons and arms, dishonesty, pyramid schemes, chain mail, or any other activity we deem to be illegal or unethical at our sole discretion;
- [iconpress id=”local_5″ title=”arrow alt circle right” style=”color:#525252; font-size:10px;” ] the customer violates copyright law;
- [iconpress id=”local_5″ title=”arrow alt circle right” style=”color:#525252; font-size:10px;” ] the customer acts in an aggressive, threatening or violent manner towards Seawaves Technology and Trading (Pty) Ltd or any of its employees, directors and affiliates;
14 Rights on Termination
14.1. Termination of this Agreement does not affect your pre-existing liability, if any or affect our right to recover damages or pursue any other remedy in respect of any breach of this Agreement by you.
14.2. In the event of us terminating this Agreement due to a breach of these conditions by you, we shall be entitled to the balance of all payments which would but for such termination have accrued up to the earliest date on which this Agreement could have been terminated by you.
14.3. Setup Fees are non-refundable. Any disputes should be expressed in writing via a valid written contact method.
15 A change of details
15.1. We have the right to change any username or password allocated to you for the purpose of essential network maintenance, enhancement modernisation or other work deemed necessary to the operation of the Internet.
15.2. Similarly, we have the right to alter the hosting environment your site runs in to one with like-for-like features, as long as reasonable notice is given and there is no disruption to service. The only reason we would do this is if it represented an ‘upgraded’ environment for you, the end user.
16 Domain Registration, Renewal, Redemption, Deletion & Domain Parking
16.1. The Registered Name Holder agrees to enter into a Registrar Registrant Agreement with Sea-Waves Technology when registering or transferring a domain with/to Sea-Waves Technology.
16.2. Ownership of the domain is the Customer’s, only after full payment has been received.
16.3. Payments for a domain name registration are non-refundable. Once a domain name is registered, the WHOIS database stores the information and it is kept there for a period of one year, until the date of renewal (‘Domain Parking’). Payment will NOT be credited back.
16.4. Domain Parking does NOT include Web Space, Virtual Hosting, or e-Mail facilities.
16.5. Sea-Waves Technology shall be indemnified and held harmless by the Customer if the Customer uses any Domain Name that infringes on any rights of any person, or company.
16.6. Sea-Waves Technology does not guarantee that a Domain Name requested by a Customer will be available. Sea-Waves Technology’s systems may reflect that the Domain Name requested is available; however, this domain may have been already taken, as Sea-Waves Technology’s system is reliant on server updates from both local and international WHOIS servers.
16.7. As Sea-Waves Technology is a reseller of various domains, the Customer agrees to abide by the terms and conditions of the various domain registries / registrars worldwide, when registering a domain with Sea-Waves Technology.
16.8. As Domain registries / registrars charge a Registration Fee, Renewal Fee and Redemption Fee (This is the period after suspension by the Registry), the Customer agrees to pay Sea-Waves Technology the Fees that relate to the registration, renewal, redemption, maintenance, or administration, of the Domain Name. These Fees are not refundable.
16.9. The Registrant Name Holder has up to 10 days after the Domain Expiry date to renew the domain. After which time the domain will enter the redemption Grace Period
16.10. Once the Domain has entered the Redemption Grace Period, The Domain will be suspended at the Registry and have a status of RGP (Redemption Grace Period). The registrant name holder has 30 days to restore their domain
16.10.1. R400.00 for .ZA Domains
16.10.2. R800.00 for .Joburg, .Capetown and .Durban
16.10.3. R4,000.00 (thousand) for TLDs and GTLDs, like .com, .net, .org, .directory, .farm, et cetera.
16.11. Once the Redemption Grace Period has passed, the domain will be deleted from the Registry and is available to anyone to register as a brand new name.
16.12. Should the Registered Name Holder activate auto-renewal on their domain name, the Registered Name Holder will be invoiced 30 days prior to the expiry of the domain. Once the Invoice has been paid, the domain will automatically be renewed for an additional year at the Registry.
16.13. Should the Customer misspell a Domain Name and the misspelt domain is registered, the Customer will be held liable for payment of the misspelt domain. No domain registration Fee will be credited, and the Customer will then have to register the correctly spelled domain name at the cost of a new domain registration.
16.14. Front-end consumer Customer s will receive email based domain renewal notifications 60, 30, 14, 7 and 1-day prior expiry
16.15. Resellers or Customer s of resellers will receive email based domain renewal notifications 60, 30, 14 and 7 days’ prior expiry
16.16. Premium domains: As various registries worldwide mark high value domains as premium domains, these domains cost more. Sea-Waves Technology will make every effort to apply pricing of a premium domain prior to checkout however this may not always be possible. Should the Customer have paid for domain which will marked / reflected as premium a full refund of the regular price will be given.
16.17. Domain Availability: While Sea-Waves Technology makes every effort to display accurate domain availability data and every attempt to secure a domain for the Customer. On searching for a domain name via our / the registry WHOIS, the WHOIS service may show the domain as available however said domain may already be reserved / allocated / registered by another registrar or by another Customer. Sea-Waves Technology shall not be held responsible in the event of a Customer registering / paying for a domain while the WHOIS reflects different information. Sea-Waves Technology shall remit a full refund to the Customer in cases where this happens.
16.18. Time lapse between domain availability search and payment: As there is a time delays between the domain availability search, and the payment of the said domain, it may be possible that multiple parties are registering the same domain at the same time, the domain will be provisioned to the party that has paid first and the registry will reflect this party as the registrant.
16.19. In visiting this website, the Customer and / or End User is / are required to provide information (a) to register a domain name, (b) to update information about a domain name previously registered, or (c) to submit questions about the Sea-Waves Technology’s products and / or services.
16.20. To register a domain name, the Customer and / or End User are required to provide the following:
16.20.1. the name they are registering,
16.20.2. their name and address (or those of the person for whom the Customer and / or End User are registering the domain name),
16.20.3. technical information with which the domain name will be associated,
16.20.4. the name, address, e-mail address, telephone number, and where available, a fax number for the technical, administrative, billing, and zone contact information for the domain name.
16.21. Once the domain name has been registered, the Customer and / or End User maybe be asked to correct and / or update said information periodically, in order to ensure the WHOIS information is correct. Any administration, billing, and technical contact information that is added to a domain name may be available on the WHOIS server for public viewing.
16.22. In terms of ICANN, Sea-Waves Technology will provide information the Customer and / or End User submitted in registering a domain name, or updating related information, to Sea-Waves Technology’s own employees and consultants, to the administrator of the registries, to operators and users of the Internet, whom may request WHOIS information related to the Customer and / or End User’s domain-name registration. This information may be provided to the Internet Corporation for Assigned Names and Numbers (ICANN), which provides technical coordination for the Internet, and to escrow agents, auditors, WHOIS service providers, and replacement registrars that ICANN may designate.
16.23. Information the Customer and / or End User provides, in asking questions related to Sea-Waves Technology’s service, may be given to Sea-Waves Technology’s employees and consultants and, upon its request, to ICANN.
17 Free Domain Names
17.1. A free domain name (co.za, net.za, org.za or web.za) is offered to customers signing up for a web hosting package on an annual billing period. After the first year, your domain will be renewed at the standard domain price.
17.2. If a shared hosting package is cancelled within 6 months, the customer is liable to pay for his or her free domain.
17.3. Free domain names are not inclusive of premium domain names.
18 IP Address Ownership
18.1. Sea-Waves Technology shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Sea-Waves Technology.
18.2. Sea-Waves Technology reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
19 Email accounts
If email accounts are made available to the Customer, they will be provided on the following terms:
19.1. Sea-Waves Technology may filter incoming email for unsolicited bulk email (Spam), Virus and Malicious Code. This filtering will be done on a best effort basis without any warranty of any kind.
19.2. The servers used to provide an email Service will be subject to the same level of security as the rest of the Sea-Waves Technology System.
19.3. The Customer may send bulk email, but may not send unsolicited bulk email, as described in the Acceptable Use Policy.
19.4. Sea-Waves Technology will be entitled to take whatever steps it deems necessary to prevent the sending of unsolicited bulk email using the Sea-Waves Technology System.
19.5. Sea-Waves Technology will be entitled to take whatever steps it deems necessary to prevent an IP address allocated to Sea-Waves Technology from being blocked as result of the transmission of bulk unsolicited email, and may amongst other measures:
19.5.1. suspend the Customer’s email account, and
19.5.2. suspend access to a domain name hosted on the Sea-Waves Technology System.
19.6. If Sea-Waves Technology incurs costs in unblocking any of its IP addresses as a result of a Customer sending bulk unsolicited email using the Sea-Waves Technology System, the Customer will be liable for those costs, including time and materials at Sea-Waves Technology’s standard rates.
19.7. If email accounts are held on Sea-Waves Technology’s servers:
19.7.1. Sea-Waves Technology may delete emails received or sent more than 90 days before a given date;
19.7.2. If the mailbox size specified in the relevant Service Order is exceeded, no further emails will be received into the Customer’s account;
19.7.3. No emails larger than 20 Mb will be sent or received;
19.7.4. Upon termination of the Service all email will be deleted and email addresses associated with the Customer’s account will cease to function;
19.7.5. Sea-Waves Technology has no responsibility for backing up email stored on its servers; and
19.7.6. “Webmail” is provided as a complimentary service and Sea-Waves Technology gives no warranty that it will be accessible by the Customer at any given time.
19.7.7. Individual mail sent to the Customer’s POP3/IMAP box or forwarded to the Customer’s existing email address may be limited to 5MB in size each.
19.8. Sea-Waves Technology reserves the right to refuse domain and hosting services based on network, domain and/or equipment identifiers and at our sole discretion.
20 Free Hosting
20.1. Our free hosting package is for very basic sites, html, sitebuilder or basic PHP sites. Mainly Free plans are for testing purposes before going for other plans but can be used for very basic sites where possible.
21 Account Support / Emergency Contact
21.1. We try and assist every customer new or existing with support.
21.2. We provide support via e-mail, live chat and ticket.
21.3. To provide efficient service and comply with data protection laws, any requests for changes to your account (including billing changes, password changes or any other technical changes) must be submitted by ticket or e-mail from your registered address.
21.4. We can never guarantee we can solve your website issues. Though we will surely try and resolve the issues if we can. You agree that we will not be held liable due to human error causing financial loss or issue of any sort. We will try and assist where we can as best we can but it is the Customer’s responsibility to ensure all works as requested and inform us if there are any issues.
21.5. If you migrate your website or application to us, please note we can never guarantee it will work on our servers as other web hosts have custom setups. Some hosts use third party applications we may not support as well as their setups may differ from our own servers.
21.6. Kindly ensure all your issues are resolved or brought to our attention via emails, chats or tickets as history and any pending requests are kept for no more than 3 months. This excludes transactions, invoices or credit history. At times we require a swift response from Customers on issues/reports/complaints hence if we receive no response within 24 hours on any urgent matter that may cause major downtime, blacklisting, etc. we will go ahead with what we believe to be the best solution.
21.7. Sea-Waves Technology Support will not install any software or applications or change settings on other hosts servers even if Customers request it. This is to protect us from the other host with respect to legal issues if found or our customer’s customer that may involve us in legal issues. Hence unfortunately we cannot do this. Sea-Waves Technology hosts servers in Sea-Waves Technology’s data center hence you will be required to upload data via FTP or SSH no matter the size. Sea-Waves Technology cannot assist in setting up servers with any other host or ISP. This is your sole responsibility to request support from that host or ISP. It also against our internal policy as we need to focus on our customers at all times.
22 Reseller Responsibilities
22.1. Resellers are responsible for supporting their Customers. We don’t provide support to our Reseller’s Customers. If a Reseller’s Customer contacts us, we reserve the right to place the Customer’s services on hold until the reseller can assume their responsibility for their Customer. All support requests must be made by the Reseller on their Customers’ behalf for security purposes. We reserve the right to terminate your Service with Sea-Waves Technology if you fail to provide adequate first line support to your Customers.
22.2. As a Reseller, you recognise that Sea-Waves Technology is ultimately responsible for the provision of the Service. Under certain circumstances Sea-Waves Technology may be compelled to deal directly with your Customer. This may happen for example where:
22.2.1. You are unable to attend to any requests by your Customer due to unavailability i.e. you are not contactable over a period of 48 hours.
22.2.2. You fail to comply with any lawful Customer request or effect technical changes to enable your Customer to receive the Services.
22.2.3. You fail to pay any amounts owing to Sea-Waves Technology on due date or
22.2.4. you die. In such event you irrevocably appoint Sea-Waves Technology as your attorney and agent to do all such things and sign all documents relating to the Service as may be necessary.
22.4. You agree not to publish or distribute any advertising material or make any public or press statements regarding Sea-Waves Technology or our Services without prior written consent from Sea-Waves Technology. In order to obtain written consent, please email [email protected].
22.5. You may not make use of the Sea-Waves Technology logo or product imagery in any manner without prior written consent. In order to obtain written consent, please email [email protected].
22.6. As a Reseller you have access to our cPanel/WHM Control Panel in order to manage settings, including, but not limited to the renewal of the Services, email settings as well as the ability to view and manage domain names and run reports. `You must only provide access to employees and Customers, authorised by yourself (“Authorised Users”) to have access to cPanel/WHM. As a Reseller, you are responsible for all access to cPanel/WHM by your Authorised Users and for any actions taken by any of the Authorised Users.
22.7. We reserve the right to take whatever action we feel necessary at any time to preserve the security and reliable operation of our infrastructure and you undertake that you will not do or permit anything to be done which will compromise Sea-Waves Technology’s security.
22.8. You authorise Sea-Waves Technology to act on any instruction given by or purporting to originate from yourself or your Customer, even if it transpires that Sea-Waves Technology, yourself and your Customer have been defrauded by someone else, unless you or your Customer has notified Sea-Waves Technology prior to Sea-Waves Technology acting on a fraudulent instruction.
22.9. You are solely responsible for processing all billing for your Customers and for all debt collection relating to your Customers.
22.10. All Fees will be payable to Sea-Waves Technology as soon as they become due.
22.11. In the event of a dispute arising between the parties, you are obliged to continue paying the Service Fees as and when they become due and payable in terms of the Agreement.
22.12. You unconditionally and irrevocably indemnify Sea-Waves Technology and agree to hold Sea-Waves Technology free from and harmless against all losses suffered or incurred by Sea-Waves Technology as a direct or indirect result of your or your Customer’s use of the Services, or any downtime, outage, interruption in or unavailability of the Services.
23 7-Day Guarantee
23.1. At Sea-Waves Technology we work hard to provide you with the best possible service and we’re so confident in this that we offer a no questions asked, 7-day money back guarantee. If you are unhappy for any reason within the first 7 days of opening your shared hosting account, you are free to cancel and receive a full refund including the time already used, less domain registration Fees or dedicated IP addresses which are non-refundable.
23.2. Please note that VPS orders, dedicated server orders, SSL certificates, domain costs and any other items except Shared and Reseller Hosting accounts are not refundable. If you purchase a bundle offer which contains Shared Hosting alongside one of the non-refundable items listed above, we will refund the cost of the bundle minus the retail cost for the non-refundable item. Any item purchased using a discount code or at a discounted price is not covered by our Money-Back Guarantee and are non-refundable. Our Money-Back Guarantee is only eligible for items ordered and purchased directly via our website, ‘seawavestechnology.co.za’, without the use of a discount code, discounted product or an affiliate link.
23.3. We would however appreciate it if you got in touch with us before deciding to cancel so that we can address any problems you might be having.
23.4. Please note that refunds can take 30 working days, and this policy does not cover accounts which have violated our Acceptable Usage Policy or Terms of Service, or for any service except Shared and Reseller Hosting services.
24 99% Uptime Guarantee
24.1. We guarantee that our network will be available 99.9% of the time in any month, excluding scheduled maintenance. This means that you should not experience network downtime of more than 43 minutes in any month counted from the first day of every month.
24.1.1. Network uptime includes functioning of all network infrastructures, including routers, switches, firewall, and cabling, but excludes services or software running on your Server.
24.1.2. Network downtime exists when a Customer is unable to ping the Server and it is measured according to our monitoring system.
24.2. If network uptime is less than 99.9% (in other words downtime exceeds 43 minutes in a given month), we will credit you 5% of the base monthly fee for every 30 minutes of downtime (up to 100% of your monthly fee for the affected hosting service or Server).
24.3. You will not receive any credit:
24.3.1. if there is a degradation of the Service outside our control;
24.3.2. during scheduled maintenance windows;
24.3.3. should a well formed DDoS attack target your server or hosting infrastructure;
24.3.4. on the happening of a force majeure event; or
24.3.5. where the downtime is due to failure of access circuits to our network,
24.3.6. Domain Name Server issues outside our direct control, DNS propagation,
24.3.7. your negligent acts or omissions or outages elsewhere on the Internet that hinder access to your hosting services.
24.4. We are also not responsible for browser or DNS caching that may make your website appear inaccessible when others can still access it. These exclusions will not apply where the problems arise from our Server links to the Internet or our routers.
24.5. If you wish to exercise your right, you must request it by sending an email to us at [email protected] Each request must include the dates and times of the network unavailability. The request must be received within 48 hours of the downtime. Only once we confirm the network unavailability according to our monitoring system, will we give you the credits. We will do so within two billing cycles after our receipt of the requests, in accordance with our Refund Policy. Despite anything to the contrary, the total amount credited to you in a particular month will not exceed the total hosting fee you must pay for the month in question.
25 Disclaimer, Limitation of Liability and Copyright
25.1. Our Liability
25.1.1. We are unable to assert fitness for any specific purpose and as such the Company cannot be held liable for any form of consequential loss or damage caused directly or indirectly by use of our service, misuse of our service, downtime, service issues, data loss or any other event.
25.1.2. Our maximum aggregate liability to you under or in connection with this Agreement in respect of any direct loss, whether such claim arises in contract or in tort shall not exceed a sum equal to the fees paid by you for the services in relation to which your claim arises during the one-month period prior to such claim.
25.1.3. None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from our negligence, the negligence of our employees or our sub-contractors. We will not be liable for any interruptions to services arising directly or indirectly from:
- [iconpress id=”local_5″ title=”arrow alt circle right” style=”color:#525252; font-size:10px;” ] Interruptions to the flow of data to or from the internet
- [iconpress id=”local_5″ title=”arrow alt circle right” style=”color:#525252; font-size:10px;” ] The effects of the failure or interruption of services provided by a third party
- [iconpress id=”local_5″ title=”arrow alt circle right” style=”color:#525252; font-size:10px;” ] Factors outside our reasonable control
- [iconpress id=”local_5″ title=”arrow alt circle right” style=”color:#525252; font-size:10px;” ] Your actions or omissions
- [iconpress id=”local_5″ title=”arrow alt circle right” style=”color:#525252; font-size:10px;” ] Problems with your equipment and/or third-party equipment
25.1.4. No action or proceedings against us arising out of or in connection with this Agreement shall be commenced more than one year after services rendered, and both parties acknowledge that this clause constitutes an express waiver of any rights under any otherwise applicable statute of limitations.
25.1.5. Our liability will not exceed the total amount paid for one month of the service. If you have sensitive or mission-critical data to host, you must seek your own insurance and independent legal advice.
25.1.6. Our backups are intended as a convenience service and are not guaranteed or intended to replace your backup procedures. It is your sole responsibility to ensure you have a backup of all your important data.
25.2. Third Party Services
25.2.1. Some of the services we provide (domain names, SSL certificates) are fulfilled by a third-party provider. For instance, an SSL certificate is provided by a root certificate provider (e.g. Thawte, Comodo, GeoTrust…), and domain names are provided by the organisation in charge of that namespace (e.g. ZA Domains for RSA domain names). Whilst we always pass your orders on to these third-party entities in a timely fashion, we, unfortunately, cannot be held liable for any failings on their behalf.
25.2.2. All third-party software and hardware shall be sold subject to your acceptance of the relevant supplier’s software licence for such third-party software. Where possible, we shall forward to you any and all representations and warranties we receive from the respective third-party software supplier.
25.2.4. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
25.2.5. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- [iconpress id=”local_5″ title=”arrow alt circle right” style=”color:#525252; font-size:10px;” ] use of, or inability to use, our site; or
- [iconpress id=”local_5″ title=”arrow alt circle right” style=”color:#525252; font-size:10px;” ] use of or reliance on any content displayed on our site.
26.2.6. If you are a business user, please note that in particular, we will not be liable for:
- [iconpress id=”local_5″ title=”arrow alt circle right” style=”color:#525252; font-size:10px;” ] loss of profits, sales, business, or revenue;
- [iconpress id=”local_5″ title=”arrow alt circle right” style=”color:#525252; font-size:10px;” ] business interruption;
- [iconpress id=”local_5″ title=”arrow alt circle right” style=”color:#525252; font-size:10px;” ] loss of anticipated savings;
- [iconpress id=”local_5″ title=”arrow alt circle right” style=”color:#525252; font-size:10px;” ] loss of business opportunity, goodwill or reputation; or
- [iconpress id=”local_5″ title=”arrow alt circle right” style=”color:#525252; font-size:10px;” ] any indirect or consequential loss or damage.
25.2.7. If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
25.2.8. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
25.2.9. We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
26 Loss of License
26.1. If Sea-Waves Technology cannot continue with provision of any Service because any license, permit, certificate consent, exemption or other necessary legal requirement is withdrawn, Sea-Waves Technology must make best endeavours to provide an alternative service to the Customer within 10 (ten) Business Days. It may do this either by utilising another of its own services, or by having a Supplier or third party provide the Service in its place.
26.2. If the Customer is not satisfied with the steps taken by Sea-Waves Technology in clause 26.1, Sea-Waves Technology must cease provision of the Service in question and reduce the Fee accordingly.
26.3. If Sea-Waves Technology cannot provide the other Services provided under this Agreement because they depend upon a Service that has been terminated in terms of clause 26.2, the Customer may terminate this Agreement.
26.4. Sea-Waves Technology must provide the Customer with timely notice of the circumstances described in clause 25, if reasonably possible.
27 Acceptable Use of Services
27.1. SEA-WAVES TECHNOLOGY OFFERS ITS SERVICES TO HOST WEB SITES, NOT TO STORE DATA. USING AN ACCOUNT AS AN ONLINE STORAGE SPACE FOR ARCHIVING ELECTRONIC FILES IS PROHIBITED AND WILL RESULT IN TERMINATION OF HOSTING SERVICES WITHOUT PRIOR NOTICE.
27.2. All Customers are strictly prohibited from:
- [iconpress id=”local_5″ title=”arrow alt circle right” style=”color:#525252; font-size:10px;” ] Engaging in any activity that, in Sea-Waves Technology’s sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, Sea-Waves Technology’s business, operations, reputation, goodwill, Customers and/or Customer relations, or the ability of Sea-Waves Technology’s Customers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate these Terms. In addition, the failure of Customer to cooperate with Sea-Waves Technology in correcting or preventing violations of these Terms by, or that result from the activity of, a subscriber, patron, customer, invitee, visitor, or guest of the Customer constitutes a violation of these Terms by the Customer.
- [iconpress id=”local_5″ title=”arrow alt circle right” style=”color:#525252; font-size:10px;” ] No Customer may utilize the Services to engage in the illegal distribution of prescription medications, including, but not limited to, promotion, marketing, or sale of prescription medications without a valid prescription.
- [iconpress id=”local_5″ title=”arrow alt circle right” style=”color:#525252; font-size:10px;” ] No Customer may utilize the Services to provide, sell or offer to sell the following: controlled substances; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others’ intellectual property or information; information used to illegally harm any people or animals; pornography, nudity, sexual products, programs or services; escort services or other content deemed adult related.
- [iconpress id=”local_5″ title=”arrow alt circle right” style=”color:#525252; font-size:10px;” ] Profanity or profane subject matter in the site content and in the domain name are prohibited.
- [iconpress id=”local_5″ title=”arrow alt circle right” style=”color:#525252; font-size:10px;” ] Customers may not post or disclose any personal or private information about or images of children or any third party without the consent of said party (or a parent’s consent in the case of a minor).
- [iconpress id=”local_5″ title=”arrow alt circle right” style=”color:#525252; font-size:10px;” ] Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.
- [iconpress id=”local_5″ title=”arrow alt circle right” style=”color:#525252; font-size:10px;” ] Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.
- [iconpress id=”local_5″ title=”arrow alt circle right” style=”color:#525252; font-size:10px;” ] “Hacking” and related activities are prohibited. “Hacking” includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.
- [iconpress id=”local_5″ title=”arrow alt circle right” style=”color:#525252; font-size:10px;” ] Sea-Waves Technology does not allow the use of anonymous proxy scripts on its servers. They can be very abusive to the server resources, affecting all users on that server.
- [iconpress id=”local_5″ title=”arrow alt circle right” style=”color:#525252; font-size:10px;” ] The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Sea-Waves Technology is required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.
- [iconpress id=”local_5″ title=”arrow alt circle right” style=”color:#525252; font-size:10px;” ] The use of the Services to engage in any activity that is determined by Sea-Waves Technology, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, failure to comply with applicable online privacy laws or any executive orders, as well as any rules, regulations or orders issued by the National Treasury. Sea-Waves Technology will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.
- [iconpress id=”local_5″ title=”arrow alt circle right” style=”color:#525252; font-size:10px;” ] Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.
- [iconpress id=”local_5″ title=”arrow alt circle right” style=”color:#525252; font-size:10px;” ] Our services should not be resold on third party auction sites or online marketplaces without any value being added. Customers wishing to directly resell our services must adopt the ‘Value-Added Reseller’ model. This means our service must not be directly resold without adding additional features or services.
28 Assisted Migration
28.1. Our Technical Support Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases, we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for 7 days from your sign-up date. Transfers outside of the 7-day period will incur a charge; please contact a member of our Technical Support department to receive a price quote. In no event shall Sea-Waves Technology be held liable for any lost or missing data or files resulting from a transfer to or from Sea-Waves Technology. You are solely responsible for backing up your data in all circumstances.
28.2. As an incentive to move your website to us we may, at our sole discretion, credit you with up to one month of free hosting service upon production of a valid invoice showing an equivalent payment to your previous provider. This credit will be applied to your existing due date.
28.3. In the case that you are unable to provide root access to your old server, we reserve the right to charge a reasonable amount for the transfer. Alternatively, we may request you upload a backup for each cPanel account to your home directory on our server.
28.4. Regardless of the circumstances we reserve the right, at our sole discretion, to charge an appropriate Fee for any transfer that may be requested.
29 Force Majeure
29.1. We will not be responsible for any failure to provide any services or perform any obligation because of any act of God, strike, lock-outs or other industrial disputes.
30 Notice and Communications
30.1. Any notice or communications required or permitted to be delivered by us to you shall be deemed to have been given if delivered by mail in accordance with the contact information that you have provided.
31.1. You shall not assign, transfer, charge or deal in any other manner with this Agreement or any of its rights under it nor purport to do the same without our prior written consent.
31.2. We may at any time, assign (absolutely or by way of security and in whole or in part), transfer, mortgage, charge or deal in any other manner with the benefit of any or all of any other party’s obligations or any benefit arising under this Agreement.
32 Amendment in Writing
32.1. We may update or amend these terms and conditions from time to time to comply with law or to meet our changing business requirements.
33 Whole Agreement
33.1. This Agreement, and any documents referred to in it constitute the whole Agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover.
33.2. Nothing in this clause operates to limit or exclude any liability for fraud.
34.1. If any provision of this Agreement (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
34.2. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
35 Governing law and Jurisdiction
35.1. This Agreement and any disputes or claims arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of South Africa.
35.2. The parties irrevocably agree that the courts of South Africa have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
36 Customer Complaints Policy
36.1. At Sea-Waves Technology our primary focus is maintaining absolute customer satisfaction through sustainable pricing, proactively managed services and investment in hosting infrastructure.
36.2. Sometimes we may fall short of the high standards we and our customers expect from us. If this happens it’s important that we are able to take on customer feedback and concerns and use this to improve our service.
36.2.1. Step 1:
- If you’ve not already been in touch regarding your concern, the first step is our standard support channels; most issues we can resolve very quickly as soon as you get in touch. You can get in touch via:
Post: P. O. Box 3280, Sundumbili, 4491, South Africa
Telephone: +27 (0) 83 589 6250
Email: [email protected]
- If you’re an existing customer, you can open a ticket from your Sea-Waves Technology account. Our average ticket response time is well under an hour and we will ensure that all tickets are replied to within 24hrs. All ticket submissions will receive an automatic email confirming that the ticket has been received successfully and the assigned ticket reference.
36.2.2. Step 2:
- If you have already contacted us, and we’ve not been able to resolve your issue to your satisfaction, the next step is to submit a Formal Complaint. All complaints MUST be made in writing. This is to ensure we’re able to properly address and investigate your concerns and provide a full response. Complaints can be submitted by email to [email protected]
- You should ensure you include as much information about the issue as possible, this might include:
- [iconpress id=”local_5″ title=”arrow alt circle right” style=”color:#525252; font-size:10px;” ] Name of the staff member you spoke with on the phone or support tickets
- [iconpress id=”local_5″ title=”arrow alt circle right” style=”color:#525252; font-size:10px;” ] Ticket reference IDs
- [iconpress id=”local_5″ title=”arrow alt circle right” style=”color:#525252; font-size:10px;” ] Date & time when issues occurred or when you called
- [iconpress id=”local_5″ title=”arrow alt circle right” style=”color:#525252; font-size:10px;” ] Details about the problem, how it started, what you did and any other relevant details
- [iconpress id=”local_5″ title=”arrow alt circle right” style=”color:#525252; font-size:10px;” ] Providing as much information as possible helps us to quickly investigate and fully understand the situation, what happened, what/if anything went wrong and how we can then try to resolve your complaint.
- Usually, our Head of Customer Support will review all complaints within 72 hours and provide an initial response while they investigate the issue. Depending on the type of issue, it may be necessary for the complaint to be passed to a more appropriate Manager, Head of Department or Director. You will be informed of who is handling your complaint and their role in the investigation. We will then provide a full reply to the complaint within 10 working days.
36.2.3. Step 3:
- If the response does not meet your satisfaction, you may request that the complaint is escalated to a company Director for review. One of our directors will then assess your complaint and the steps taken so far by our staff; they will then provide a response within 15 working days of the complaint escalation.
- All complaints are taken seriously and will be reviewed, investigated and responded to fairly and thoroughly. We understand that monitoring, and dealing with complaints promptly enables us to identify areas of weakness and we will then work to address these and continue to improve our service.
37 Contract Revisions
37.1. Any revisions to this Contract will take place immediately. We reserve the right to update these Terms at any time, without notification. It is the responsibility of the Customer to keep up to date with our Terms of Service.
38 Accessing our site
38.1. Our site is made available free of charge.
38.2. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
38.3. You are responsible for making all arrangements necessary for you to have access to our site.
39 Your account and password
39.1. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
39.3. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected]
40 Intellectual property rights
40.1. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
40.2. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
40.3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
40.4. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
40.5. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
41 No reliance on information
41.1. The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
41.2. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
42 Uploading content to our site
42.1. Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy https://seawavestechnology.co.za/terms/aup
42.2. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
42.3. Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the next paragraph (Rights you licence).
42.4. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
42.5. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
42.6. We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy https://seawavestechnology.co.za/terms/aup.
42.7. The views expressed by other users on our site do not represent our views or values.
42.8. You are solely responsible for securing and backing up your content.
43 Rights you licence
43.1. When you upload or post content to our site or any server owned or operated by us, you grant the following licenses:
- [iconpress id=”local_5″ title=”arrow alt circle right” style=”color:#525252; font-size:10px;” ] A worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with the services provided by our site and across different media and to promote the site or services; and
- [iconpress id=”local_5″ title=”arrow alt circle right” style=”color:#525252; font-size:10px;” ] A worldwide, non-exclusive, royalty-free, transferable licence to allow third parties to use the content for their purposes.
43.2. We will only ever use your materials to carry out your instructions to us – unless, very exceptionally, a court or other regulator orders us to disclose them.
44.1. We do not guarantee that our site will be secure or free from bugs or viruses.
44.2. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
44.3. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
45 Linking to our site
45.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
45.2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
45.3. You must not establish a link to our site in any website that is not owned by you.
45.4. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
45.5. We reserve the right to withdraw linking permission without notice.
45.6. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy https://seawavestechnology.co.za/terms/aup.
45.7. If you wish to make any use of content on our site other than that set out above, please contact [email protected]
46 Third party links and resources in our site
46.1. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
46.2. We have no control over the contents of those sites or resources.
47 Applicable law
48.1. Sea-Waves Technology carries out daily backups of most Shared and Reseller Hosting accounts. These backups are generally used in the customer requesting a previous version of their hosting account is restored, or when moving customers’ data between servers. These backups are stored on secure servers, all of which are running RAID 6.
48.2. If data is lost through the direct or indirect actions of the customer, Sea-Waves Technology or any other party, the customer can contact Support and ask for a backup. If the backup does not exist or function, Sea-Waves Technology cannot be held responsible or liable. It is the customer’s full responsibility to ensure backup of her/his own data.
48.3. Sea-Waves Technology does not take backups of user generated backups made through the control panel. It’s the customer’s responsibility to keep these backups in other locations.
48.4. Sea-Waves Technology cannot be held responsible for lost data or lost revenue and has no liability what so ever. We recommend at any time to keep at least 2 backups externally for data safety.
48.5. Sea-Waves Technology does not take backups of any other data, except some Shared and Reseller Hosting accounts. For example, customers with a VPS service must be responsible for their own backups, as these are not provided by Sea-Waves Technology. We have no liability for lost data or lost revenue as a result of downtime, data loss or data corruption. It is the customer’s sole responsibility to ensure their data is backed up.
49.1. Affiliates get paid 10% on every payment – Note: This can change at any time – Please check announcement page for any updates. Withdraws for Affiliate Credits or payments can take 21 days
49.2. Affiliates must have a South African Bank Account to receive funds as our system does not allow any other method at present.
49.3. Affiliates can only withdraw as per when the withdrawal button becomes available in Clients Area, not before even when cancelling service.
49.4. Affiliates funds cannot be used as credit, withdraw the funds is better option then add credit thereafter is our recommendation