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SHARED WEB HOSTING & DATABASE HOSTING TERMS AND CONDITIONS
 

NOTICE: These product terms and conditions must always be read together with our general terms and conditions, any Acceptable use or privacy policies, and any other information contained on HostworX's legal notices page which will all always apply to your use of this product or service.

  1. DEFINITIONS
    Unless the context clearly indicates the contrary, any term defined in the General Terms and Conditions when used herein, shall bear the same meaning as defined in the General Terms and Conditions
    In these Terms:
    1. Database Hosting” means the services contemplated in these Terms, which HostworX renders to Customer in accordance with Customer’s selections as indicated by Customer hosting package on the Online Application Form under such heading or description whereby HostworX will host Customer’s database;
    2. Disk Space” means the disk space allocated to Customer on a monthly basis and used for the purposes of hosting Customer’s website and/or database and stored by HostworX on a storage medium which includes without limitation, the computer hard drive;
    3. Server” means the HostworX file server used to supply the Service to Customer, including any software loaded by HostworX on such server that controls basic, low-level server hardware operations and file management without the user thereof having to operate it or application software, but excludes any software, application and/or component as contemplated in clause 4.10 below;
    4. the Service” means Shared Webhosting and Database Hosting collectively or either Shared Webhosting or Database Hosting, whichever is applicable, as selected on the Online Application Form;
    5. Service Website” means https://support.HostworX.co.za;
    6. Shared Webhosting” means the services contemplated in these Terms which HostworX renders to Customer in accordance with Customer’s selection, as indicated on the Online Application Form under such heading or description whereby HostworX will host Customer’s website.

  2. SERVICE FEES
    1. Customer shall pay HostworX the services fees specified in the Application Form in accordance with the provisions set out in the General Terms.
    2. Customer may by using the “Add-to-Account” functionality on the Service Website upgrade to another Shared Webhosting and/or Database Hosting package.
    3. HostworX shall bill the service fees to the account Customer has with HostworX for the Service.

  3. TERMS AND CONDITIONS SPECIFIC TO THE SERVICE
    1. Customer shall be entitled to host websites and databases per the limits of their Hosting service applied for.
    2. HostworX shall provide Customer with the Disk Space more fully described in the Order Form on a Server in order to host Customer’s website and/or database, on such platform as selected in the Online Order Form.
    3. Should Customer reach the allocated Disk Space, Customer will not be able to upload any file to his website and/or database. Customer is therefore advised to upgrade to another Shared Webhosting and/or Database Hosting package.
    4. HostworX does not guarantee that Customer will not be able to upload any file should his allocated Disk Space be reached. HostworX shall therefore be entitled to charge Customer the additional fee set out in the Online hosting package information pages for such excess space used.
    5. In the case of Shared Webhosting, the maximum traffic allocation to Customer’s website shall be as set out in the Order Form specific to the hosting package applied for. Any traffic in excess thereof will be subject to additional payment by Customer as set out in the Online Hosting package information pages or Service Website.
    6. HostworX undertakes to use reasonable endeavours to ensure that Customer’s Disk Space is secure to prevent unauthorized access.
    7. HostworX shall, as part of the Service and if required by Customer, make available on the Service Website log files (which are only limited to traffic usage statistics), relating to Customer’s use of the Service. HostworX does not guarantee that the log files will be up-to-date, correct and/or error free and should there be any discrepancy between the log files and the invoice, the invoice will prevail.
    8. In the case of Shared Webhosting, Customer acknowledges that HostworX shall only be obliged to keep the website log files relating to Customer’s website for a period of 3 (three) consecutive months calculated from the date of the first billing month and thereafter, HostworX shall only keep a summary of Customer’s website log files for a period of 3 (three) years. It is therefore Customer’s responsibility to query any website log files within a period of 3 (three) consecutive months failing which, Customer will only be provided with a summary of the website log files to clarify and/or respond to any query.
    9. HostworX will, without being under any obligation to do so, maintain, and/or upgrade the Server, which will include any patches, updates, security updates/patches of whatever nature. Customer herewith authorises HostworX to implement any of the above, as and when it deem fit. Although HostworX will use its reasonable endeavours not to affect the Service or the hosting of any content, application, and/or data of whatever nature HostworX, expressly disclaims any direct, indirect, incidental, special, punitive or consequential losses or damages which arise or may arise out of such maintenance and/or upgrades.
    10. Customer agrees that any software, application and/or component required and loaded by Customer or loaded on behalf of Customer for the website and/or database will be his own responsibility and is loaded at his sole risk and responsibility. HostworX shall not be liable for any losses, damages, costs, claims, penalties, fines of whatever nature resulting from Customer’s installation and/or use of any software, application and/or component on his website and/or database.
    11. Notwithstanding the provisions of clause 3.10 above, HostworX will be entitled, but without having any obligation to do so:
      1. in its own discretion determine which software, applications and/or components may be loaded by Customer on or for the website and/or the database; and
      2. have the right to:
        1. disallow the installation of any software, application and/or component required by Customer;
        2. suspend Customer’s website and/or database and/or access to his website and/or database without notice to Customer should Customer install any software, application and/or component which may affect the security or operation of HostworX’s server and network infrastructure; and/or use and/or access to the Service by HostworX’s customer’s.
        3. HostworX shall not be liable for any losses, damages, costs, claims, penalties, fines of whatever nature resulting from Customer’s installation and/or use of any software, application and/or component on its website and/or database.
    12. The licensing of all installed software, application and/or component contemplated in clauses 3.10 and 3.11 shall be the sole responsibility of Customer. Without limiting HostworX’s rights, any failure to license such software and/or applications correctly may result in the termination and/or suspension. HostworX retains the right to carry out routine checks to validate such software license agreements.
    13. Customer will be solely responsible for all the support, maintenance and/or upgrades of any software, application, and/or component, installed in terms of clause 3.10, which will include any code settings, configurations, modifications, patches, updates and security updates/patches of whatever nature. HostworX shall provide Customer with technical support relating to FTP in the case of Shared Webhosting and database access details consisting of database name, database username and database password in the case of Database Hosting, but in both instances in the form of connectivity checks only.
    14. HostworX endevours to do daily backups on its servers, this backup information is only maintained for a 7 day cycle period.
    15. HostworX makes available via the Hosting Control Panel to the customer facilities to backup and restore their websites and databases, however it still remains the customers responsibility to ensure they have a valid backup of this information, any information backed up will be retained until the client deletes it.
    16. It shall be Customer’s sole responsibility to do back-ups of its content/data hosted in terms of the Service. HostworX shall not be liable for any loss of content or data, whatsoever.
    17. The Service does not include the development, maintenance and/or FTP or uploading of the Customer’s website and/or database in any way whatsoever.
 
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