Terms of Service

Terms of Service

We pretty much love life and what we do, however we all have to get bogged down with these pesky Terms of Service. We were hoping to get rid of them, but the lawyers insisted we write these here. So here goes...

The main purpose of these terms of service is to protect both you and ourselves. This is our honest attempt to clear up any issues that could cause both of us problems in the future, when the honey moon period is over. If you have any questions or comments please get hold of us at helpme@linuxweb.co.za.

We have tried to include everything that we think is appropriate here. However there are some things that we may need to add to this page. So, please be sure to visit this page often if you wish to see the latest Terms of Service.

You will receive a computer generated invoices for all services rendered by Linuxweb. All computer generated invoices and credit notes will be sent to you via electronic means. All your computer generated invoices and credit notes are also available via the Billing section in your ClientZone.

General Terms

This Terms of Service ("Agreement") is a legally binding contract between LinuxISP (Pty) Ltd Trading as Linuxweb ("Linuxweb") and you ("Customer," "you" or "your") that shall govern the purchase and use, in any manner, of the services provided by Linuxweb to Customer (collectively, the "Services").

By purchasing and/or using the Services in any manner, you represent that you have read, understand, and agree to all terms and conditions set forth in this Agreement, and that you are at least eighteen (18) years old and have the legal ability to engage in a contract in the Republic of South Africa.

If you do not agree to all the terms and conditions set forth in this Agreement, then you may not use any of the Services. If you are already a customer of Linuxweb and do not agree with the terms and conditions set forth in this Agreement, you should immediately contact Linuxweb to cancel your Services.

1. Use of the Linuxweb Website

1. You may only use the Linuxweb website to view content and make legitimate legal orders for services as listed on this website.
2. You may not make any speculative, false or fraudulent purchases
3. The site or content may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed.
4. Unauthorised usage of any content on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.

2. Ownership and Services Purchased

1. The individual or entity set out in our records as the primary billing contact shall be the Primary Account Holder of the account.
2. The features and details of the Services governed by this Agreement are described on the web pages setting out the particular services or products you have purchased ("Service Description Page") based on their description on the Service Description Page as of the Effective Date, as defined below. Linuxweb may modify the products and services it offers from time-to-time. Should the Service Description Page change subsequent to the Effective Date, we have no obligation to modify the Service to reflect such a change. The services and products provided to you by Linuxweb as set out on the Service Description Page, are referred to as the "Services."
3. Certain aspects of the Services are provided by 3rd parties. These 3rd parties may have reserved the right to make changes, including material changes, to the services provided by them. Linuxweb cannot be held liable or responsible for these 3rd party services.

3. Term of Agreement

1. This Agreement becomes effective immediately when Customer clicks "I Agree." ("Effective Date") and remains effective and binding until terminated by either party as outlined below. Linuxweb may ammend all its Terms of Service, Statement of service, Acceptable Usage Policies, Privacy policies and Disclaimer at any time. Linuxweb will make reasonable efforts to notify it's clients via email and ClientZone as soon as updates are published on our Website.
2. It's the clients responsibility to keep themselves informed of the latest versions of the abolve documents by accessing the website on a regular basis.
3. The term of this Agreement is set to the Customer's billing term ("Term"). If no Term is set out, the Term shall be one (1) year. Upon expiration of the initial Term, this Agreement shall renew for periods equal to the length of the initial Term, unless one party provides notice of its intent to terminate as set out in this Agreement.

4. Obeying the Law

1. Linuxweb is registered and located within the Republic of South Africa and as such, we are required to comply with the laws and official policies of the Republic of South Africa, regardless of where the Services are provided. In addition, Linuxweb will comply with appropriate laws and official policies set forth by the Gauteng Provincial province.

5. Client’s Commitments

1. The Client confirms that all statements made to Linuxweb are true and correct. Linuxweb reserves the right to request proof of any facts or claims. The Client also commits to providing Linuxweb with necessary information required in the provision of the selected Services, and (where applicable) consent to the use or sharing of this information with 3rd parties to comply with regulatory conditions (such as Domain Registration Listings) within the guidelines of applicable privacy legislation.
2. Linuxweb reserves the right to, at any time, request verification of the identity of the Primary Account Holder. Failure to produce such verification could result in summary suspension or cancellation of the product(s) and Services.
3. The Client (or the Client's agent) certifies that the Client is above the age of 18 years, has full contractual capacity and (in the case of an agent) is duly authorised by the Client to contract on the Client’s behalf.
4. Linuxweb's website and attached systems, such as the ClientZone, are designed to facilitate reasonable use of the Linuxweb products and Services. Linuxweb reserves the right to suspend or terminate users who are improperly using features of the systems to avoid billing, shaping, suspension or any other system controls, or exploit bugs or limitations in the system design to effect avoidance of system controls or commit crimes. Linuxweb reserves the right to deem an activity as "unreasonable exploitation of the system” and will take appropriate action based on the circumstances and severity of the incident(s).
5. In the event that any of the terms of this document are found to be invalid, unlawful or unenforceable, such terms will be removed from the remaining terms, which will continue to be valid and enforceable.
6. Linuxweb reserves the right to remove any content hosted by a Client which it considers illegal or contrary to the AUP or for which it has received a take-down notice.

6. Interactions with Linuxweb

1. Clients will be held accountable for their conduct towards Linuxweb's staff and in the public domain with regard to allegations or malicious conduct directed towards Linuxweb or its staff.
2. Abusive behaviour, including (but not limited to) aggression, offensive language or conduct, including threats or any type of intimidation on a forum or directed at Linuxweb or its staff will be deemed abusive and will not be tolerated. Such conduct may constitute an AUP violation and Linuxweb reserves the right to suspend or terminate Services to a Client in such cases.
3. Clients using public platforms to spread libel, false allegations, unreasonably or maliciously diminish the reputation or public perception of Linuxweb may have their Services suspended or terminated, depending the severity and circumstances of the incident(s), and may also be regarded as contrary to the AUP.

7. Availability of Services

1. Linuxweb cannot guarantee the provision of the requested Service upon the receipt of an Application
2. Provision of the Service is subject to Linuxweb confirming that it is technically feasible to do so.
3. Applicants will be formally notified after receipt of an Application whether or not the Service can be provided.

8. Payment and Penalties

1. Linuxweb accepts Bank EFT, automated bank transfers (as setup by you), credit card via Payfast, instant EFT via Payfast, automated payments via Payfast, Paypal. Linuxweb does not make use of Debit Orders or any other forms of payment.
2. Linuxweb will automatically bill your payment method on file up to thirty (30) days prior to the due date on all terms of one (1) or more years; for terms less than one (1) year in length, Linuxweb will attempt to bill your payment method on file up to six (6) days prior to due date. All fees are billed in South African Rand (“ZAR”) and are subject to change with thirty (30) days prior notice to you.
3. Clients who have change their currency to United States Dollars (USD) will have their bill made out at the currency exchange rate at the date and time of billing. In other words this is not a fixed amount.
4. Linuxweb will not accept any liability or responsibility for delays, suspensions or impact to Services due to use of non-approved payment methods by Clients.
5. Your "Billing Term" is the period of time you have chosen to receive bills for the Services. For example, your Billing Term may be monthly, quarterly, semi-annually, annually or biennially.
6. Linuxweb has no ability to automatically collect any payments. It is up to the Client to ensure payments are made on or before their due date and specified on the invoice.
7. As a customer of Linuxweb, it is your responsibility to ensure that all billing information on file with Linuxweb is accurate.
8. You are solely responsible for any and all fees charged to your payment method by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees. Linuxweb screens all orders for fraud and other unethical practices. Services will not be activated until this fraud screen is completed. In certain cases, if your account is flagged for fraud, 3rd party services, such as domain name registrations, will not be processed. Linuxweb has no liability for the failure to provide Services, including 3rd party services, if your account fails its fraud screen.
9. Linuxweb will not order domains, provision hosting servers, order any 3rd party services or process upgrades until the bill for the specific service has been paid in full.

9. Late Payments

1. Any account not paid in full by the end of the first day of the Billing Term will be given a ten (10) day grace period. If payment is not made within the ten (10) day grace period, Linuxweb reserves the right to suspend your Service(s) with Linuxweb and to charge a 10% "late penalty" Thirty (30) days following suspension of Services for non-payment. Linuxweb reserves the right to terminate Service(s) for non-payment after 60 days with the debt being sent for recovery with a 3rd party debt recover solution provider.
2. Once a late penalty has been applied it is irreversible. Non-payment of late penalty will be considered non-payment and will be subject to the same terms.
3. Linuxweb is not responsible for any damages or losses as a result of suspension or termination for non-payment of your account. In addition, Linuxweb reserves the right to refuse to re-activate your Services until any and all outstanding invoice(s) have been paid in full.
4. Reconnection of Services may be subject to a waiting period of up to 72 hours, at Linuxweb's discretion, regardless of when payment is received or cleared.
5. Payment is only captured once it reflects in our bank statement. Linuxweb will not reconnect any services nor suspended any account until the payment is reflected in our account.
6. Payment are processed once per day, in the mornings.
7. Any domain that falls into closed redemption will have a an additional levy charge at R300.00 for local domains and R650.00 for all International Domains.

10. Term and Termination

1. Linuxweb offers month to month contracts. Either the client or Linuxweb may terminate the agreement, or a particular Service, by logging into the ClientZone and requesting the relevant service to be terminated. Two choices are given, either immediatly, or the end of the billing period. No request for termination will be honoured if there are any outstanding fees on the service.
2. Termination of services by any means other than the ClientZone will not be actioned. Meaning if you send us a Whatsapp to terminate a service, it will be ignored.
3. The Client is responsible for ensuring that cancellation of service is actioned with due attention to terms of cancellation, as well as cancellation conditions which require the Client to specifically indicate a required process. Should the Client incorrectly complete the cancellation process, Linuxweb will not be liable for any additional costs or compensation due to the error.

11. Refund Policy and Billing Disputes

1. Linuxweb offers a thirty (30) day money back guarantee on shared web hosting, WordPress web hosting, Thirty Bees web hosting and reseller hosting. After the thirty (30) day money back guarantee no refunds are available for any reason, including, but not limited to dissatisfaction with the design process or dissatisfaction with the final product delivered to you.
2. No Refunds are available for any VPS Servers.
3. No refunds are available for any domain purchases and transfers.
4. No refunds are available for any SSL Certificates and SSl Certificate installations
5. No Refunds are available for any 3rd party products and/or services, including but not limited to G Suite, 3rd Part Spam protection, Fax-2-Email.
6. Only first-time accounts are eligible for a refund under the 30 day money back guarantee. For example, if you had or still have an account with Linuxweb, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with Linuxweb. In addition, refunds are not offered for accounts that are suspended or terminated for violating this Agreement.
7. Refunds will be issued only to the payment method that the original payment was sent from, and may take up to one (1) week to process.
8. Linuxweb will not activate new orders or provide additional Services for customers who have an outstanding balance with Linuxweb. For a new order to be setup or a new package to be activated, you must have a balance of R0.00, unless otherwise stated by Linuxweb in writing.
9. Exchange rate fluctuations for international payments are constant and unavoidable. Like all payments, all refunds are processed in South African Rand, and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Linuxweb is not responsible for any change in exchange rates between time of payment and time of refund. In addition, Linuxweb reserves the right to refuse a refund at any time for any or no reason.
10. If you believe there is an error in Linuxweb's billing, you must contact Linuxweb about it, in writing, within thirty (30) days of the date you are billed or charged. Linuxweb's obligation to consider your claim is contingent on your providing it with sufficient facts for Linuxweb to investigate your claims. You waive your right to dispute any charges or fees if you fail to notify Linuxweb in writing or meet the deadline set out above. If Linuxweb finds that your claim is valid, we agree to credit your account on your next billing date. 3rd Party fees are not subject to this dispute provision and are final.

12. Limitation of Liability and Indemnity

1. LINUXWEB WILL NOT BE LIABLE TO THE CLIENT OR ANY 3RD PARTY IN RESPECT OF ANY AND ALL DAMAGES, LOSS, CLAIMS OR COSTS, OF WHATEVER NATURE AND INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, SUFFERED BY THE CLIENT OR THIRD PARTY, HOWSOEVER ARISING, AND LINUXWEB WILL MOREOVER NOT BE LIABLE WHETHER THE LOSS WAS THE RESULT OF THE ACT OR OMISSION OF A LINUXWEB EMPLOYEE, VICARIOUS OR STRICT LIABILITY.
2. USE OF THE SERVICES INDICATES THAT THE CLIENT INDEMNIFIES AND HOLDS HARMLESS LINUXWEB IN RESPECT OF ANY DAMAGES, LOSS OR COSTS OR CLAIMS INSTITUTED AGAINST LINUXWEB ARISING FROM ANY APPLICATION OR SUBSCRIPTION TO OR USE OF ANY SERVICE OR BREACH OF THE TERMS AND CONDITIONS APPLICABLE TO IT.
3. These limitations on liability and indemnities apply to the benefit of Linuxweb and Linuxweb's Affiliates, directors, officers, employees, contractors, agents and other representatives, as well as any third parties whose networks are connected to the Linuxweb System.
4. Nothing contained in this clause 12 will limit the Client’s liability in respect of charges incurred for ongoing Services.
5. If the Consumer Protection Act 68 of 2008 is applicable to this Agreement, and any provision of this clause 12 is found by a court or tribunal with jurisdiction over Linuxweb to be unfair, unreasonable or unjust, then that provision (whether it be a word, phrase or sub-clause) will be severed, and the remainder of this clause 12 will have full force and effect.
6. In the case of ambiguity, this clause 12 will take precedence over any expression of the Parties’ intention, whether express or implied, that may be contained elsewhere in this Agreement.

13. Domains & Hosting

In addition to the General Terms, these terms and conditions govern the use of the Linuxweb domain registration and hosting services. By contracting with Linuxweb for the services a Client will be lawfully regarded as having agreed to their use of the services specified being governed by this Agreement.

Domains

1. Linuxweb registers domains on the Internet through the relevant governing bodies and hosts websites and related material on the Linuxweb server(s) on behalf of Clients. These terms and conditions apply to the use and registration of domain names and the web hosting services offered by Linuxweb.
2. Linuxweb registers domains through approved Domain Registrars. Linuxweb may, at its discretion use other approved entities for registration, but in general may limit domains offered based on availability from the registrar concerned.
3. The Client will be bound by the terms and conditions of the relevant domain name space (e.g. .com or .co.za) under which any domain name registered on its behalf falls, and should become familiar with them. Linuxweb may post links to these terms and conditions on the Linuxweb Website purely as a convenience to the Client.
4. Linuxweb will strive to ensure that registration and subsequent DNS propagation is effected in the shortest period of time. However, Linuxweb cannot be held liable for any delays that may accompany the registration of domains. Initial Setup fees are non-refundable. Domain Name Registration fees constitute a once-off payment subject to certain renewal charges.
5. Linuxweb will transfer existing (registered) domains from existing hosting providers to Linuxweb's DNS and web servers. Upon requesting the transfer, and accepting the relevant Service Terms, the Client explicitly agrees that it has the authority to do so, being the registrar of the domain in question, or having been nominated as an agent of the registrar. The Client thereby indemnifies Linuxweb from any disputes regarding ownership of the domain and any claims as a result thereof.

Hosting

1. Linuxweb reserves the right to suggest suitable alternatives to the Client and / or charge for excessive traffic or system resources as it deems necessary, at its sole discretion. Excessive traffic or use of system resources will be determined as set out in the Acceptable Use Policy.
2. Linuxweb reserves the right to move a website between web servers and Internet backbones, both within South Africa and internationally as it deems necessary. If a Client moves in excess of their monthly web traffic allocation, then the Client will be contacted and various options will be presented.
3. Linuxweb reserves the right (but does not assume any obligation) to inspect the contents of data that the Client transmits, receives or stores on an Linuxweb Server to ensure compliance with this Agreement, Linuxweb’s AUP, or any applicable laws regulations or codes of practice.
4. The Client must immediately and adequately respond to a denial of service attack (DOS / DDOS). If the Client’s facilities are targeted by a DOS attack that affects other network users, the Client’s Service will be suspended.

Backups

1. Clients are solely responsible for backing up their data and Linuxweb strongly encourages ALL Hosting Clients to do so as frequently and completely as possible. Linuxweb will not be liable for any data loss or any other losses or damages related to backups or data recovery without exception.
2. Linuxweb may, in some instances, offer a separate backup service in conjunction with VPS hosting, and will make such backups available to Clients on request as and when they are available. However, Linuxweb does not warrant or guarantee the availability, completeness or “up to date” status of such backups.
3. Linuxweb also cannot guarantee the condition or fitness of any backups provided. Such backups are provided "as is" and are used at the Client’s own risk and discretion - whether restored by Linuxweb by instruction from Clients or by Clients themselves.
4. Linuxweb will not be liable for any losses or damages relating to any incidents arising out of such backups being provided (or not provided) to Clients on request.

VPS Servers

1. Linuxweb provides servers to Clients for the purposes of their hosting needs. However ownership of physical hardware rests solely with Linuxweb at all times. Clients may not make any claim to hardware deployed for their hosting, and may not have access to Linuxweb's property, hardware or hosting infrastructure.

Spam/Virus Filtering

1. Linuxweb provides a spam and virus filtering system to protect Clients from unsolicited mail and viruses. The Client acknowledges that this system might incorrectly identify a valid message as spam or as a virus and consequently this message might not be delivered to the Client. The Client acknowledges and agrees that Linuxweb shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.
2. Linuxweb offer a 3rd party paid solution for spam protection and prevention should the client feel the current spam service is inadequate for their needs.
3. Linuxweb reserves the right to examine incoming or outgoing mail to the extent necessary to determine if it is classified as spam or malicious.

Webmail

1. Webmail and other web-based email services made available by Linuxweb are provided on an "as is" basis without representations, warranties or conditions of any kind, and the Client acknowledges and agrees that Linuxweb shall have no responsibility for, or liability in respect of, any aspect of the webmail services, including without limitation for any lost or damaged data or any acts or omissions of Linuxweb. As webmail storage space is limited, some webmail messages may not be processed due to space constraints or message limitations.

Limitation on Mail Size

1. Individual mail sent to the Client's POP3/IMAP box or forwarded to the Client's existing email address may be limited to 3000kB in size each.

Retention of Rights

1. Linuxweb makes no claim to the intellectual property (such as data) of Clients hosted on their servers. However, all equipment remains the property of Linuxweb and retention of data does not directly or indirectly give ownership of Linuxweb's hardware to Clients.

14. DSL Lines, DSL & Fibre Service

Linuxweb does not provide the voice line required for ADSL Line Rental. Telkom conditions apply to the access and costs related these non-Linuxweb contingencies. As a minimum Telkom requires that voice lines remain active in order to provide ADSL services.

"Best Effort" Service

1. DSL Line rental support will be provided on a best-effort basis as is available via Telkom
2. No guarantees or warranties whatsoever are provided on throughput or any other aspect of the service, including but not limited to warranties in respect of merchantability, non-infringement of 3rd party rights, freeness from errors or interruptions or availability, other than set out in these terms and conditions.
3. The specifications of this Service are subject to change and will be provided as per the DSL Profile information updates available from Telkom.
4. DSL is an access medium to the Internet and accordingly remains subject to any bandwidth related constraints which may apply to or be experienced in the use of the World Wide Web (WWW).

Faults and Repairs

1. Linuxweb will be entitled to assume that DSL service provision to a Client is in good working order until such time as the Client advises Linuxweb's Support of any problems or service breaks.
2. Any faults or service interruption should be reported via the ClientZone and email exclusively.
3. Telkom will attend to faults reported by the Client during office hours and the relevant party will apply its reasonable endeavours to have the DSL Service restored in the shortest possible time.
4. If Telkom determines that the fault reported by the Client was caused by Client equipment which is not covered by a maintenance agreement with Linuxweb, the Client shall be liable for payment of the relevant call-out charge as determined by Telkom from time to time.

Exchange Congestion

1. Linuxweb has no authority over the maintenance and capacity of Telkom exchanges. At present there is also no reporting or escalation agreement available from Telkom to address congestion on a Client’s behalf. In the case of congested exchanges, Linuxweb will endeavour to obtain as much information as possible on a Client’s behalf, but will ultimately not be held responsible or liable for degraded DSL performance due to congested exchanges.

Service Credit

1. If the Client wishes to make a claim for service downtime, the Client must log a dispute with Linuxweb, which will take the matter up with Telkom. Any refund will be made to the Client by Linuxweb, which has sole discretion whether to accept the Client’s claim. Such credit will exclude any claims for Slow Access, Intermittent Service and any other fault type except No Service faults.
2. The calculation of time periods for the purpose of calculating any service credit shall only commence upon the reporting of any fault to Linuxweb's Support.

Applicability

1. Service of ADSL and ADSL Data service is only applicable for clients within the Republic of South Africa's Borders.
2. The provision of Linuxweb's DSL Service is subject to the provision of upstream services by MTN. The following legal documents accordingly apply to the provision of the Linuxweb DSL service and are binding on any subscriber to such service:
   1. Linuxweb's Acceptable Use Policy (AUP), available on the Linuxweb Website
   2. Telkom's Standard Terms and Conditions for the provision of Public Switched Telecommunication Services, available on their website or from all Telkom Direct Shops.

"Best Effort" Service

1. DSL speeds will be provided on a best-effort basis, subject to Telkom line constraints and demand on the Linuxweb network at any given point.
2. DSL Service is not provided on a 1:1 ratio, but is essentially provided on a “shared resource” basis. No guarantees or warranties whatsoever are provided on throughput or any other aspect of the service, including but not limited to warranties in respect of merchantability, non-infringement of 3rd party rights, freeness from errors or interruptions or availability, other than set out in these terms and conditions.
3. DSL is an access medium to the Internet and accordingly remains subject to any bandwidth related constraints which may apply to or be experienced in the use of the World Wide Web (WWW).

Service availability and confirmation of service availability

1. DSL Service is subject to a valid and operational Telkom telephone service.
2. Potential clients should confirm the availability of the Telkom service in their particular location prior to purchasing or ordering DSL Data, a DSL modem or other hardware. The availability of DSL Services can be checked on the Telkom website.
3. Applicants will be advised after receipt of an order as to whether the DSL access service can be provided.

"Topping-up" Bandwidth

1. If the Client exhausts the purchased bandwidth or reach the fixed cap, the Client will be hard-capped. This means that no further access will be provided thereafter.
2. A Topup may be subject to different terms and conditions and any pricing or promotions applicable to the monthly purchased package may not necessarily apply to the Topup.

Concurrency

1. Linuxweb Uncapped and Priority Packages allow only one connection and user for each account while the Capped Packages allow multiple simultaneous connections (dependant on product specifications) from different locations for each account.

Monitoring of Usage

1. Linuxweb takes steps to monitor the bandwidth usage of Clients so as to ensure that Client bandwidth limitations are not exceeded. This monitoring is subject to the nature of the ADSL Service as offered by Telkom, including the fact that monitoring is session-based, i.e. bandwidth usage can only be calculated when the Client's DSL session is terminated. As a result, a Client's current session will be automatically terminated for a very short period of time every 24 hours.
2. Linuxweb further reserves the right to take such steps as may be necessary to properly monitor and calculate usage, including remotely terminating Client DSL sessions.
3. Linuxweb also monitors its systems for performance and accounting purposes. The information gained thereby and by any other means may be used to ensure compliance with the Service Terms and AUP.

Combo Services

1. Combo pricing applies to one data service and one DSL line tied together as a combo. The process of transferring/activating the ADSL line takes place at the time of the order and cannot be ordered for a future date. Once a service is combined, the DSL service will be locked down to the DSL Line, the service cannot be used on a different DSL Line.
2. On initial sign up a discounted amount will be billed for the data portion of the combo and there will be no charge for the transfer of the ADSL line if it take place in the current month. A discounted amount will be billed on transfer of the ADSL Line at any time other than the current month. The full combo price will be billed on the 1st of the following month.