WebNow Hosting Terms & Conditions
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1. Introduction

1.1. WebNow offers several different hosting Services through the System.

1.2. The Customer wishes to make use of hosting services offered by WebNow.

11.3. This document sets out the terms and conditions pertaining to such Services offered by WebNow.

2. Status

The Hosting Terms and Conditions form part of the Master Services Agreement and incorporate the provisions of the WebNow Acceptable Use Policy, both of which are available on the WebNow Website.

3. Definitions

3.1. Unless stated to the contrary words and phrases used in this document have the same meanings ascribed to them in the Master Services Agreement.

3.2. “Collocation Hosting” means the Service described in clause 10.

3.3. “Dedicated Hosting” means the Service described in clause 9.

3.4. "Remote KVM" means a method by which the Customer is able to control the Customer Equipment from a remote location by means of the Internet and which simulates the operation of a keyboard and pointer device (mouse) as well as presenting a screen approximating the screen that the Customer's employee would see if he was present at the Premises.

3.5. “Shared Hosting” means the Services described in clause 7.

33.6. "Signature Date" means the date upon which the party hereto last signing the Service Order, does so.

4. Services

4.1. The contents of the clauses below set out the terms and conditions pertaining to the particular Services provided by WebNow to the Customer in terms of the attached Service Order.

4.2. Should a Customer have signed a Service Order, the relevant clauses below shall pertain to the Service(s) selected by the Customer in the Service Order.

44.3. The hosting specification, location, as well as optional services and/or software required by the Customer shall be as set out in the Service Order.

5. Term and Renewal

5.1. The period of this Service Order shall be a period of 12 months from the Effective Date (or such other period as set out in the Service Order), until the termination date as set out on the Service Order ("the Initial Period").

5.2. Upon expiry of the Initial Period and in the absence of written notice of renewal by the Customer:

5.2.1. If the Customer elected to make payment monthly, in that event this Service Order shall be automatically renewed for further periods of one calendar month ("the Renewal Period") if the Customer does not furnish WebNow with written notice of termination at least 30 days (but not more than 60 days) prior to the end of the Initial Period. The Customer may terminate the Service Order during the Renewal Period upon one calendar month’s written notice, which termination shall take effect on the first day of the month immediately following the end of the one-month notice period.
5.2.2. If the Customer is making payment yearly, in that event if the Customer does not furnish WebNow with written notice of termination at least 30 days (but not more than 60 days) prior to the end of the Initial Period, the Service shall be suspended pending notice of termination or renewal by the Customer.

55.3. The Customer may by written notice to WebNow renew a Service Order, but such renewal shall be subject to such amendments in terms and Fees as WebNow may at its sole discretion make, subject to the condition that WebNow shall ensure that the Customer is made aware of such amendments prior to the renewal being finalised.

6. Fees and Payment

6.1. The Fee payable in respect of the Service shall be as specified in the Service Order.

6.2. Should the Customer have indicated on the Service Order that it wishes to make payment of Fees monthly, then such Fees shall be paid not later than the 20th of the month immediately preceding the month to which the payment pertains.

6.3. Should a set-up Fee be payable, then such Fee must be paid at the same time as and in addition to the Customer’s initial payment to WebNow in respect of the Service.

6.4. Should the Customer have signed a debit order in favour of WebNow or its authorized agent, payment shall be arranged by WebNow in terms thereof.

6.5. WebNow shall be entitled to increase the Fees during the Initial Period in accordance with any increases which have been imposed upon it by its suppliers and/or with benchmarks in the IT industry which shall include, but not be limited to, increases in labour costs (having regard to, inter alia, premium salaries being paid to specialist personnel, the accelerated demand by computer users for new computer systems, bonuses, “high average” salaries and “skills scarcity” premiums), as well as any change in WebNow’s effective obligations resulting from enhancements effected during the previous such period. In the event of WebNow increasing the Fee, it shall first give the Customer 30 (thirty) days’ written notice. For the avoidance of doubt, the Customer shall not have the benefit of terminating the Service Order in these circumstances as set out in the Master Service Agreement.

6.6. All hosting services are subject to a 30-day money-back guarantee period with the following conditions:

6.6.1. Should the Customer be unhappy with the Service provided by WebNow, it may within 30 days of the Signature Date by written notice request that the Service Order be cancelled.
6.6.2. Upon receipt of such notice WebNow shall cancel the Service Order and refund all monies paid by the Customer in respect of the Service Order.
66.6.3. This guarantee shall not apply to Dedicated Hosting Services, Collocation Hosting Services, or Domain Registration.

7. Branding

7.1. Services are not necessarily branded as “Shared Hosting”, “Dedicated Service Hosting” or “Collocation Hosting” in WebNow’s promotional material or Service Orders, whether on the WebNow Website or otherwise. The nature of the Services in question can however be easily determined from the specifications given in such promotional material.

77.2. Promotional offers not actually set out in the Service Order do not apply.

8. Shared Hosting

WebNow will make available to the Customer a server located at the Premises, on the following terms:

8.1. WebNow will make available a user account on the server for the Customer, but the Customer will not have exclusive use of the server.

8.2. The server shall, subject to the reasonable security measures described elsewhere in this document, be "live" and accessible by general users of the WWW, unless the Customer explicitly requests otherwise.

8.3. The server will at all times remain the property of WebNow and the possession of the server shall not pass to the Customer under any circumstances.

8.4. WebNow will be responsible for the setup of the server at the commencement of the Service Order. The server shall be set up with the Software necessary to allow the Customer to make use of it as contemplated in the Service Order. WebNow may at its discretion charge a setup fee in this regard.

8.5. WebNow will be responsible for the maintenance of the server, which shall include at its sole discretion effecting upgrades to the Software installed on the server, or repairs and upgrades to the hardware in the server.

8.6. WebNow will allow the Customer access to the server by way of the Internet in such a way as allow the Customer to use it for the purpose or purposes set out in the Service Order.

8.7. The Customer may be granted access to Email accounts if so stipulated in the Service Order, and that the use of such accounts will be subject to the provisions of clause 13.

8.8. WebNow will provide the Customer with internet connectivity from the Server, and bandwidth as set out in the Service Order.

8.9. Notwithstanding the provisions of clause 8.4:

8.9.1. WebNow will not be responsible for the effect of any Software that the Customer may install or have WebNow install on the server; and the Customer shall be liable for any increased bandwidth used as a result of the installation of such Software.
8.9.2. Should any Software installed on the server by the Customer or by WebNow on the instructions of the Customer interfere with Software installed on the server by another customer, or should such Software threaten the security of the System, WebNow may take any steps it at its sole discretion deems necessary to remedy the problem including without limitation:
8.9.2.1. taking over administration of that Software on the server,
8.9.2.2. removing the Software from the server,
8.9.2.3. suspending the Customer's access to the server, or
88.9.2.4. relocating the Customer's account to another server

9. Dedicated Hosting

WebNow will make available to the Customer a server located at the Premises, on the same terms as those set out in clause 7 above mutatis mutandis, save that the Customer and WebNow shall be the only parties with access to the server.

10. Collocation Hosting

10.1. WebNow will make the following available to the Customer should it be specified in the Service Order:

10.1.1. an amount of space in racks at the Premises;
10.1.2. Internet connectivity;
10.1.3. bandwidth specified in the Service Order;
10.1.4. Remote KVM Service;
10.1.5. labour by WebNow Employees charged at Time and Materials.

10.2. The Customer will provide the following:

10.2.1. servers and peripherals;
10.2.2. Software for installation on servers and peripherals, and
10.2.3. any other equipment listed in or implied by the terms of the Service Order.

10.3. The Customer shall provide WebNow with the proposed specifications for the Customer System, and WebNow may at it sole instance:

10.3.1. accept the specifications, or
10.3.2. reject the specifications and require the Customer to provide fresh specifications.

10.4. Should WebNow and the Customer be unable to reach agreement on the specifications within a reasonable time, in that event either party may cancel the Service Order on written notice to the other, and WebNow will refund all monies paid by the Customer in respect of the service, less WebNow’s reasonable charges for Time and Materials in attempting to facilitate provision of the Service.

10.5. Should WebNow accept the specifications, in that event a representative of WebNow shall oversee the installation of the Customer Equipment at the Premises. In no event may the Customer enter the Premises for this purpose unaccompanied.

10.6. WebNow shall take reasonable measures to protect the Customer Equipment from damage from water, dirt, electrical power surge, or fire but makes no warranty in this regard.

10.7. The Customer shall ensure that the Customer Equipment does not interfere, whether electronically or physically, with the normal operation of the System, or with the operation of any equipment belonging to other customers.

10.8. Ownership in the devices listed in clause 10.2 shall remain vested in the Customer, subject to the provisions of the Master Service Agreement.

110.9. The Customer is encouraged to insure the Customer Equipment.

11. Hosting Support

11.1. WebNow shall provide hosting support to the Customer subject to the following conditions:

11.1.1. Hosting support will be provided on a best-effort basis, which means that WebNow will make reasonable endeavours to rectify errors in the System within a reasonable time but gives no warranty in this regard;
11.1.2. In requesting support the Customer must follow the procedure set out on the WebNow Website as amended from time to time;
11.1.3. Hosting support is available on Business Days between the hours of 07h00 and 18h00, unless the error is of such a nature that it renders the Customer’s website inaccessible or non-functional to the extent that it no longer fulfils its purpose, in which case support shall be rendered at all times. WebNow may upon receipt of a support request at its sole instance determine if the error is of such a nature and act accordingly;

11.2. Notwithstanding the above, WebNow shall be obliged to provide hosting support in respect of errors in the System only and, without limiting the aforegoing, shall not be obliged to render assistance in respect of any of the following:

11.2.1. any error in the Customer System;
11.2.2. any error in third party equipment or Software.

11.3. In the event that any ad hoc services are provided to the Customer by WebNow which are not set out in a Service Order or otherwise reflected in this document, WebNow shall undertake such services on a Time and Materials basis; such services include without limitation the following:

11.3.1. development of any computer programme, including scripting;
11.3.2. Database development, including the creation of stored procedures, structures and triggers;
11.3.3. assistance with and debugging of Customer’s computer programmes; and
111.3.4. project management.

12. Bandwidth and its Measurement

The following provisions shall apply in respect of bandwidth:

12.1. WebNow shall provide the Customer with access to a Software application that will allow the Customer to monitor its use of bandwidth;

12.2. The Customer shall have a duty to monitor its use of bandwidth.

12.3. WebNow however makes no warranty as to the accuracy of the information returned by such Software and particularly notes that the information reflected by it may be up to 48 hours out of date.

12.4. The Customer's use of bandwidth shall be charged for as set out in the Service Order.

1212.5. Should a Service Order include access by the Customer to a certain amount of bandwidth and the Customer exceeds this quantity, WebNow shall charge the Customer for such excess bandwidth at a rate to be determined by WebNow from time to time.

13. Email accounts

Should Email accounts be made available to the Customer pursuant to a Service Order, such accounts shall be provided subject to the following terms:

13.1. WebNow shall filter incoming Email for unsolicited commercial Email (Spam), and Viruses. Such filtering shall be effected on a best effort basis without any warranty of any kind.

113.2. The servers used to provide an Email Service shall be subject to the same level of security as the rest of the System.

13.3. WebNow shall be entitled to take whatever steps it deems necessary to prevent the sending of bulk unsolicited commercial Email using the System.

13.4. WebNow shall be entitled to take whatever steps it deems necessary to prevent an IP address allocated to WebNow from being blocked as result of the transmission of unsolicited commercial Email, which steps may include without limitation:

13.4.1. suspension of the Customer's Email account, and
13.4.2. suspension of access to a Domain Hosted on the System,

13.5. Should WebNow incur costs in unlocking any of its IP addresses as a result of a Customer sending bulk commercial Email using the System, the Customer shall be liable for such costs.

13.6. In respect of Email accounts held on WebNow’s servers:

13.6.1. WebNow may delete Emails received or sent more than 90 days before a given date;
13.6.2. If the mailbox size specified on the relevant Service Order is exceeded, no further Emails will be received into the Customer’s account;
13.6.3. No Emails larger than 5 Mb shall be sent or received;
13.6.4. Should the Customer breach these Terms and Conditions or the Master Services Agreement, WebNow may in its sole discretion reduce the Customer’s mailbox size;
13.6.5. Upon termination of the Service all Email will be deleted and Email addresses associated with the Customer’s account will cease to function;
13.6.6. WebNow has no responsibility for backing up Email stored on its servers;
13.6.7. “Webmail” is provided as a complimentary service and WebNow gives not warranty that it shall be accessible by the Customer at any given time; and
1313.6.8. WebNow may amend the terms of this clause 13.6 at any time and WebNow will make best efforts to advise the Customer thereof by Email; such amendments will come into effect immediately whether or not the Customer has received notice.

14. Domain Services

14.1. Should the Customer so indicate in a Service Order, WebNow shall register or renew an internet domain or domains on behalf of the Customer, subject to and upon payment of WebNow’s Fee for doing so which shall include the registrar’s application or renewal fee.

14.2. WebNow will send the Customer a notification per email a reasonable time before the expiry of any domain, but the Customer nonetheless has the duty to ensure that it renews any domain in good time.

14.3. Should WebNow register any Domain Name on behalf of the Customer pursuant to any Service Order, the Customer shall have an exclusive right to such Domain Name, even in the event that WebNow is listed as the Registrant of such Domain Name.

1414.4. Whether WebNow is the registrant or not, should any domain name dispute be brought in respect of a domain name registered by the Customer or on behalf of the Customer by WebNow, Customer shall indemnify WebNow in respect of all costs incurred by it should WebNow be obliged to defend the dispute, including the adjudicator’s fees and attorneys’ fees on the scale as between attorney and own client.

15. Remote Hands

WebNow may place its employees at the disposal of the Customer in order to undertake maintenance of the Customer Equipment at the Premises, and such services shall be charged to the Customer at Time and Materials.

16. Security certificates

16.1. Should the Customer wish to provide a method by which communications between third parties and a server are secured, it shall at its cost provide all necessary security certificates and shall be liable for all costs incurred by WebNow in setting up such a facility including without limitation the costs of network interface cards and dedicated IP addresses.

16.2. WebNow is a reseller for Thawte (Pty) Ltd and should the Customer not have a pre-existing security certificate, the Customer must obtain any required security certificate through WebNow, which shall on the Customer’s request obtain one for the Customer on the following conditions:

16.2.1. The Client will apply for the provision of a security certificate using the proposal form provided by WebNow, and WebNow will then provide the Customer with a quotation for the supply of a security certificate.
16.2.2. Upon acceptance of the quotation WebNow shall issue the Customer with an invoice for provision of the security certificate,
16.2.3. The security certificate shall be obtained in the Customer’s name,
16.2.4. Once the security certificate is approved by Thawte, it shall be provided to the Customer for installation as set out in clause 16.3 upon payment of the invoice.
16.2.5. WebNow shall provide reasonable guidance to the Customer in obtaining and installing a security certificate.
16.2.6. WebNow will send the Customer a notification per Email a reasonable time before the expiry of the security certificate with an invoice for the renewal of the security certificate, but the Customer nonetheless has the duty to ensure that it renews any security certificate in good time.
16.2.7. WebNow shall renew the security certificate upon payment of the invoice.
16.2.8. As WebNow is a reseller, it shall not be held liable either for any damage that the Customer might suffer as a result of the security certificate being unsuited for the purpose for which it is required, nor for incorrect installation of the security certificate.

16.3. Otherwise than in clause 16.2, security certificates shall be installed:

16.3.1. in the case of Collocation Hosting Services, by the Customer with the prior consent of WebNow, and
1616.3.2. in the case of any other hosting service, by WebNow

17. Environment

17.1. WebNow shall provide an environment suitable for the purposes of rendering the Services including but not limited to:r />
17.1.1. redundant electrical power supply;
17.1.2. air conditioning so as to maintain the Premises within a temperate range reasonable as determined by Good Industry Practice;
17.1.3. fire suppression at a level reasonable as determined by Good Industry Practice;
17.1.4. redundant switching infrastructure;
17.1.5. Closed-circuit television monitoring;
17.1.6. Facilities monitoring at a level reasonable as determined by Good Industry Practice;
17.1.7. Access control at a level reasonable as determined by Good Industry Practice;

1717.2. Notwithstanding the above, WebNow gives no warranty in this regard beyond that given in the Master Services Agreement.

18. Access to the Premises

18.1. In the event that the WebNow is providing a Collocation Hosting Service, WebNow shall provide to the Customer, its employees, authorised representatives or agents, access to the Premises for the purposes of installation, testing, commissioning, operation, repair, upgrade and maintenance of the Customer Equipment at all times, subject to the following:

18.1.1. the Customer shall provide WebNow with reasonable written notice of its intention to access the Premises,
18.1.2. access shall be subject to such reasonable security procedures as may be determined by WebNow from time to time,
18.1.3. the Customer notes that WebNow is not the owner of the premises and consequently undertakes to comply with any conditions for access imposed by the owner, and
18.1.4. WebNow reserves the right to insist that a WebNow employee be present at all times contemplated in this clause 18.1.

18.2. Otherwise than as set out in clause 18.1, the Customer shall not be allowed access to the Premises unless such access is agreed to in writing by WebNow, which may impose whatever conditions it sees fit in order to ensure the security of the Premises including without limitation the presentation of appropriate identification such as a South African identity document, passport or driver’s license.

1818.3. No person not in the employ of WebNow shall be granted access to the Customer Equipment without the prior written consent of the Customer, save in the event of an emergency.

19. Damage to or Destruction of Premises

In respect of any particular Service Order:

19.1. In the event of the building in which the Premises are located being damaged by fire or otherwise in such a manner that the Premises are nevertheless still usable for the provision of the Service, and neither WebNow nor the owner of the building should cancel the lease agreement in respect of the Premises, then the Service Order shall not be cancelled and provided that such damage was not caused through the fault of the Customer in respect of the Premises, the Fees shall be abated pro rata having regard to the extent to which the Customer may not enjoy the level of Services set out in the Service Order on the Premises.

19.2. Should the Premises be structurally destroyed or structurally damaged to such an extent as to render the same unusable for the provision of the Service, then the Service Order shall forthwith ipso facto terminate.

1919.3. The aforegoing shall not be interpreted as restricting WebNow from providing the Service from alternative Premises, should it be feasible to do so taking into account the nature of the Service.

20. Disclaimer

Notwithstanding anything to the contrary contained in this document or the Master Services Agreement, and in addition thereto, WebNow shall not be liable to the Customer or any other person or entity whatsoever (and the Customer and such other person or entity shall accordingly have no claim against WebNow, and the Customer hereby indemnifies WebNow) in respect of any loss or damage, whether such claim be for direct, indirect or consequential damages of any kind or any loss of profit or special damages whether in contract or in delict and whether in the contemplation of the parties or not, as a result of or attributable to the following causes (or any downtime, outage, interruption in or unavailability of the System as a result of or attributable to any of the following causes):

20.1. necessary hardware or software maintenance or upgrades, provided the Customer is given reasonable notice;

20.2. hosting support undertaken on the Customer’s request;

20.3. loss of rights in a domain name due to WebNow’s negligence;

20.4. agreed system downtime for any reason (including, for example, a move in Premises);

20.5. any breakdown in any of the services provided by any of WebNow’s suppliers;

20.6. the performance or unavailability of external communications networks to which the WebNow’s Server or the Website is connected;

20.7. any technical failure in the connectivity services provided by WebNow to the Customer or a suspension or interruption in performance of any of WebNow’s obligations in terms of the Service Order, as a direct or indirect result of any technical problems, including but not limited to denial of access to other sites or information;

20.8. any infringement of the Customer’s rights of privacy, security, confidentiality and/or any other like rights, by any person whatsoever arising from any access obtained by any person or entity to the information, data or content of the Customer on the site or the Customer’s Website in terms of the Service Order;

20.9. the loss, destruction, theft, damage, contamination or corruption of the Customer Equipment Server or any of the Customer Data, material, information and/or content; or

20.10. the Customer’s failure to obtain any license, consent or authority necessary or required for services offered by the Customer, or the breach by the Customer of any law or regulation.