Agreements – Additional Terms
ADDITIONAL TERMS
These Additional Terms and Conditions (“ Additional Terms ”) are terms that relate specifically to the services below. The parties agree that these Additional Terms are each incorporated into the General Terms and a Service Order. In the event that there are conflicting terms, the order of precedence shall be as follows: Services Order, these Additional Terms and the General Terms.
A1. IQ RETAIL SUPPORT SERVICES
Definitions
1.1 IQ Retail: Means the various application packages and utilities and products, provided by IQ Retail (Pty) Limited, a subsidiary of Kerridge International.
1.2 Report Writing : Means the writing of custom reports for The Client including, but not limited to any report writer, business Intelligence package, spreadsheets or any report writer embedded in IQ.
1.3 IQ issue: Means an issue that requires access to IQ Retail’s software code or specialist knowledge of the inner workings and which only a specialist of IQ Retail can resolve.
1.4 Projects : Requests by the Client to enhance IQ my means of reports, Interfaces/ Integration with other software, changing data or migration to higher level packages that will take more than 2 hours to complete.
IQ Support Services
2.1 Unless set out otherwise in the Service Order, IQ Support Services include
2.1.1 Installation of Product Updates.
2.1.2 Migrations for major releases of software.
2.1.3 Repair and recalculations of IQ database table.
2.1.4 Remote troubleshooting and resolving issues that are not IQ Issues.
2.1.5 Basic usability assistance to ensure that users are able to utilise IQ functionality.
2.1.6 Email, remote and telephonic support, and video conferencing between 08:00-17:00, South
Africa business days
2.1.7 Collaborating with IQ to resolve IQ Issues.
2.2 Unless set out otherwise in the Service Order, IQ Support Services exclude:
2.2.1 Installation or implementation of IQ products, that are deemed projects.
2.2.2 IT Infrastructure support which includes, but not limited to, Hardware and related software, network, backups, and computer security.
2.2.3. Projects
2.2.4 After hours usability support, including public holidays, unless included in the Service Order.
A2. Remote Management and Monitoring (RMM) Service
Definitions
1.1 Remote management and monitoring service means services the proactive monitoring and determining the root cause of any issues within The CLIENT’S IT infrastructure environment.
1.2 IT Infrastructure includes, but is not limited to, servers, workstations, and networks.
Service
2.1 Unless set out otherwise in the Service Order, the service includes:
2.1.1 The software that caries out the remote management and monitoring service.
2.2.2 Generating alerts (tickets), trouble shooting and reporting issues to the CLIENT.
2.2.3 Provide periodic “health reports” to the CLIENT about the IT infrastructure
2.2.4 Email, remote and telephonic support, and video conferencing between 08:00-17:00, South Africa business days
2.2 Unless set out otherwise in the Service Order, the service excludes:
2.2.1 After hours usability support, including public holidays, unless included in the Service Order.
2.2.2 Repairs of any component of the IT Infrastructure
A3. Workstation Services:
Definitions
1.1 Workstations include desktop computers, laptop computers, terminals that are used by the CLIENT’s staff to carry out their duties.
Service
2.1 Unless set out otherwise in the Service Order, the service includes:
Microsoft OS Support
Online Asset management, Support Request management
Desktop Optimization
Spyware/Malware/Adware Removal on devices covered under this agreement, IF the infection originated on a device under agreement
Windows Patch management
Anti-Virus software management, if our preferred product is used.
Email, Telephonic, Remote Support between 08:00 and 17:00, South African Business Days.
2.2 Unless set out otherwise in the Service Order, the service excludes:
2.2.1 After hours usability support, including public holidays, unless included in the Service Order.
2.2.2 Site visits to the CLIENT
A4. Server Services:
Definitions
1.1 Servers means any computer that shares its resources with a number of users.
1.2 Resources include but is not limited to storage, applications, networking, printer management,
Service
2.1 Unless set out otherwise in the Service Order, the service includes:
- Microsoft OS Support
Online Asset management, Support Request management
Desktop Optimization
Spyware/Malware/Adware Removal on devices covered under this agreement, IF the infection originated on a device under agreement
Windows Patch management
Anti-Virus software management, if our preferred product is used.
Email, Telephonic, Remote Support between 08:00 and 17:00, South African Business Days.
2.2 Unless set out otherwise in the Service Order, the service excludes:
2.2.1 After hours usability support, including public holidays, unless included in the Service Order.
2.2.2 Site visits to the CLIENT
A5. Anti-Virus
Definitions
1.1 Anti-Virus Software, also known as anti-malware, is software that is deployed to prevent,
detect, and remove malware on a computer.
Additional Terms
2.1 Anti-Virus SOFTWARE is provided subject to the acceptance of the anti-virus vendor’s standard terms and conditions by THE CLIENT, a copy of which can be obtained from ITBLUE.
2.2 Updates and upgrades may require an active internet connection and will use bandwidth.
2.3 Neither TBLUE nor the Anti-Virus vendor provide any guarantee regarding the suitability or effectiveness of the software, and it is provided As-Is. It is accepted by THE CLIENT that Anti-Virus is one layer of protection against viruses/malware and that additional layers like backups and operating patches are required to address security concerns.
- Service
3.1 Unless set out otherwise in the Service Order, the service includes;
3.1.1 Installation and updating of the anti-virus software.
A6. Backup Services
Definitions
1.1 A backup, or data backup is a copy of computer data transmitted and stored on a cloud server vs stored separately from the original so that it may be used to restore the original in the event of a loss of data incident.
Additional Terms
3.1 Backup SOFTWARE is provided subject to the acceptance of the Backup Software vendor’s standard terms and conditions by THE CLIENT, a copy of which can be obtained from ITBLUE.
3.2 Updates and upgrades to the software and data backed up to or retrieved may require an active internet connection and will use bandwidth.
3.3 Neither ITBLUE nor the Backup vendor provide any guarantee regarding the suitability or effectiveness of the software, and it is provided as-Is.
3.4 Due to the nature of the service provided, ITBLUE does not represent or warrant, despite its best efforts, that the Service or The CLIENT’s use thereof will be uninterrupted or error free, that defects will be corrected or that Service or the server that makes it available are free of viruses or other harmful components.
3.5 ITBLUE Accepts no responsibility for data loss of any kind where the THE CLIENT or one of our agents assisting the Customer does NOT select the correct data to back up. THE CLIENT is solely and exclusively responsible for the selection of data to backup and for verifying that the correct data is being backed up on an ongoing basis. Any actions of our agents in selecting data will be deemed to have been on instruction from THE CLIENT and in providing assistance to THE CLIENT in setting up a valid back up selection. During the registration process, a password and encryption key may be automatically allocated to THE CLIENT by ITBLUE alternatively THE CLIENT may assign the required password and encryption key. THE CLIENT shall keep the password confidential and immediately notify ITBLUE if any unauthorized third party becomes aware of the password or if THE CLIENT becomes aware of any unauthorized use of the password and breach of security. THE CLIENT certifies that any person to whom its password and encryption key is disclosed is authorized to act as its agent for the purpose of using the service. THE CLIENT is entirely responsible for any loss or damage it may suffer as a result of not maintaining confidentiality of access to its ITBLUE account. ITBLUE shall not be responsible for unauthorized access to or alteration of transmissions or data, any material or data sent or received or not sent or received, or any transactions or agreements entered into through the use of the Service. THE CLIENT specifically agrees that ITBLUE is not responsible for any content or data sent using and/or included in the Service. For the avoidance of doubt any data which is incomplete, infected with a virus or has any other defect, maybe encrypted with all defects, compressed and transmitted to the ITBLUE platform. In the event that data is required to be restored to THE CLIENT, the data will be restored in the same condition, i.e. any defective or corrupt data will be restored to THE CLIENT computer ITBLUE and/or its suppliers, shareholders, directors and employees make no representations about the suitability, reliability, availability, timeliness, security and accuracy of the Backup Service for any purpose
3.6 Otherwise than provided for in law, in no event shall ITBLUE and/or its suppliers, shareholders, directors and employees be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Backup Service, with the delay or inability to use the Backup Service, the provision of or failure to provide the Service, whether based on contract, delict, negligence, strict liability or otherwise, even if ITBLUE have been advised of the possibility of such damages. THE CLIENT ‘s sole and exclusive remedy is to discontinue using the Backup Service.
A7. Firewalling Services
Definitions
1.1 The Service endeavours to thwart unwanted and malicious traffic from entering or leaving the firewalling device. Specifically, the Service provides THE CLIENT with firewalling solution specification, configuration, installation, administration, monitoring, reporting, and support—as detailed in terms.
Additional Terms
3.1 The firewalling DEVICE and SOFTWARE is provided subject to the acceptance of the vendor’s standard terms and conditions by THE CLIENT, a copy of which can be obtained from ITBLUE.
3.2 Updates and upgrades to the software may require an active internet connection and will use bandwidth.
3.3 Neither ITBLUE nor the vendor provide any guarantee regarding the suitability or effectiveness of the device and software, and it is provided as-is.
3.4 Due to the nature of the service provided, ITBLUE does not represent or warrant, despite its best efforts, that the Service or The CLIENT’s use thereof will be uninterrupted or error free, that defects will be corrected or that Service or the server that makes it available are free of viruses or other harmful components.
3.5 Unless set out otherwise in the Service Order, Firewalling Services include:
3.5.1 One (1) change event per month, whether it be a single change or a group of multiple requested configuration changes at the same time—up to a maximum of one (1) hour of labour time. Labour time in excess of one (1) hour will be billed at ITBLUE’s then-existing hourly rates. ITBLUE will make the changes during ITBLUE’s normal business hours.
3.5.2 If the firewalling service is identified as the potential source of a network-related problem, ITBLUE will examine the device configuration and functionality for potential issues. Troubleshooting may consist of an offline analysis by ITBLUE, or an active troubleshooting session between ITBLUE and THE CLIENT. ITBLUE will endeavour to resolve technical issues as expediently as feasible. If the firewalling service is eliminated as the source of a given problem, no further troubleshooting will be performed by ITBLUE. Service includes troubleshooting and resolution during Blackfoot’s normal business hours. ITBLUE will work to address and implement THE CLIENT’s change requests within a 24-hour period during ITBLUE’s normal business week. Some request are more complex and the completion timeframe depends upon the scope of the changes and the THE CLIENT’s requirements for service windows.
3.5.3 After-hours support: Support is available to Customer at ITBLUE’s then-existing after-hours support rates, subject to a minimum charge for 2 hours of technician time. After-hours support is provided on a ‘best effort’ base
3.5.4 Vendor software updates are applied as needed as determined by ITBLUE. Certain firewall solutions may include cloud-based automated updates by the Vendor without ITBLUE’s intervention.
3.5.5 VPN setup and maintenance falls outside the 1-hour change management inclusion above and is billable at ITBLUE’s standard rate. In some cases, this may require additional licensing and costs including recuring monthly support costs.
3.5.6 Third Party interaction falls outside the 1-hour change management inclusion above and is billable at ITBLUE’s standard rate.
3.5.7 Onsite support falls outside the 1-hour change management inclusion above and is billable at ITBLUE’s standard rate.
3.6 Otherwise than provided for in law, in no event shall ITBLUE and/or its suppliers, shareholders, directors and employees be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the device and service, with the delay or inability to use the device or service, the provision of or failure to provide the Service, whether based on contract, delict, negligence, strict liability or otherwise, even if ITBLUE have been advised of the possibility of such damages. THE CLIENT ‘s sole and exclusive remedy is to discontinue using the service.
A8. Domain Registration Services
Definitions
1.1. “Administration Sites” means the Registry’s official administration website/s including, but not limited to: www.registry.net.za and the Registrars official administration website/s including, but not limited to: www.internet.co.za.
1.2. “Agreement” means the Application read together with these terms and conditions.
1.3. “Applicant” means the party making application for the delegation or update of the Domain Name in terms of this Agreement, and who will be identified as the Registrant on the Application.
1.4. “Application” means the application for the delegation or update of the Domain Name submitted by, or on behalf of, the Applicant and to which these terms and conditions apply.
1.5. “Registry” means ZA Central Registry NPC, a company registered in accordance with the laws of South Africa with registration number 1988/004299/08, its successors or permitted assigns.
1.6. “Domain Name” means the domain name in the Namespace, designated by the Applicant in the Application, and governed by the Agreement.
1.7. “Namespace” means the web.za, co.za, net.za, org.za namespaces of the Internet.
1.8. “Personal Information” means information relating to an identifiable, living, natural person.
1.9. “Registrar” means ITBLUE
1.10. “Published Policies” means those specifications and policies established and published by the Registry from time-to-time relating to the administration of the Namespace, and includes the Launch Policy, Sunrise Dispute Resolution Policy, and Auction Policy. The published policies can be found on the Administration Sites.
Additional Terms
2.1. The Registry is responsible for delegating domain names in the web.za, co.za, net.za, org.za namespaces of the Internet.
2.2. These terms and conditions apply to all the web.za, co.za, net.za, org.za domain names.
2.3. The Applicant also agrees to be bound by the Published Policies.
3.1. Domain registration fees are payable on application, a yearly renewal fee is payable to retain the domain name and is invoiced every 10 months from the date of registration.
3.2. Should the Applicant fail to pay any of the fees contemplated in this clause 3 within the periods stated herein, the Registrar may, without derogating from any other right which it may have in terms of this Agreement or otherwise, and without notice, withdraw the Domain Name delegation.
3.3. Under no circumstances whatsoever will the Registry or Registrar be obliged to refund any fees paid by the Applicant in terms of this clause 3.
4.1. The Registry or the Registrar will under no circumstances whatsoever be obliged to determine the right of the Applicant to the Domain Name. Domain names are delegated on a “first-come-first served” basis (unless the Application is made as part of the Namespace launch phase) and the delegation of the Domain Name by the Registry will in no way constitute any indication or warranty of the Applicant’s right to utilise such name.
4.2. The Registry and Registrar give no warranties of any nature whatsoever with regard to the Domain Name, the registration or use thereof and hereby disclaim all such warranties, whether express or implied.
4.3. Under no circumstances whatsoever will the Registry or Registrar be obliged to act as an arbiter of disputes arising out of the registration and use of the Domain Name.
4.4. Should a third party (the “Complainant”), in contemplation of legal action against the Applicant in court or as described in clause 4.5, present the Registry or Registrar with prima facie evidence that indicates that the Domain Name violates the rights of the Complainant, then the Registry will be entitled to provide the Complainant with the Applicant’s name and contact particulars. All further communication will exclude the Registry and the Registrar, and who will have no further obligations to the Applicant or complainant.
4.5. The Applicant accepts the jurisdiction of any dispute resolution mechanism established in respect of the Namespace by the Registry, ICANN or by applicable law, as the case may be, in disputes relating to the Domain Name, including the Uniform Domain Name Dispute Resolution Policy (“UDRP”) and the Uniform Rapid Suspension (“URS”), and agrees to be bound by any decision that may result.
5. The Applicant’s Warranties & Indemnity
5.1. The Applicant hereby irrevocably represents, warrants and agrees that:
5.1.1. the information provided in the Application is accurate and complete, and that it will keep such information up to date at all times;
5.1.2. it has the right without restriction to use and register the Domain Name;
5.1.3. to the best of its knowledge and belief the registration of the Domain Name or its use does not and will not directly or indirectly infringe any legal right of any third party in any jurisdiction, including with respect to trade mark, service mark, trade name, company name, close corporation name, copyright or any other intellectual property right;
5.1.4. will not use the Domain Name for any unlawful purpose whatsoever, including, without limitation, distributing malware, abusively operating botnets, defamation, unfair competition, passing off, phishing, piracy,, counterfeiting, fraudulent or deceptive practices or generally for the purpose of confusing or misleading any person;
5.1.5. at the time of the initial submission of the Application, and at all material times thereafter, it must have an operational name service from at least two operational name servers for the Domain Name. Each server is and will continue to be fully connected to the Internet and capable of receiving queries relating to the Domain Name and responding thereto; and
5.1.6. it has selected the Domain Name without any input, influence or assistance from the Registry and/or Registrar.
5.2. Pursuant to the above warranties, the Applicant hereby agrees that it will defend, indemnify and hold harmless the Registrar and the Registry, their directors, officers, members, employees and agents, for any loss, damage, expense or liability resulting from any claim, action or demand arising out of or related to a breach of the aforementioned warranties or the use or registration of the Domain Name, including reasonable attorneys’ fees on an attorney and own client basis. Such claims will include, without limitation, those based upon trade mark infringement, copyright infringement, dilution, unfair competition, passing off, defamation or injury to reputation. The Registrar agrees to give the Applicant written notice of any such claim, action or demand within reasonable time of becoming aware thereof. The Applicant agrees that the Registry and /or the Registrar will be defended by attorneys of their own respective choices at the Applicant’s expense, and that the Applicant will advance the costs incurred in such litigation, to the respective parties on demand from time to time.
6. Withdrawals and Transfers
6.1. The Applicant agrees that the Registry or Registrar will have the right to withdraw the Domain Name delegation, suspend operation of the Domain Name, or transfer the Domain Name (as the case may be):
6.1.1. in the circumstances contemplated in clause 3;
6.1.2. should the Applicant breach any warranty given under clause 5.1;
6.1.3. if the Applicant withdraws its consent for processing of Personal Information described in clause 7;
6.1.4. should the Applicant breach any other provision of this Agreement, and fail to remedy such breach within 14 (fourteen) days of receiving written notice from the Registrar calling upon it to do so;
6.1.5. in order to correct mistakes by Registrar or the Registry in registering the Domain Name pursuant to the Published Polices or ICANN policy applicable to the Registrar;
6.1.6. on receipt of an order by any competent court having jurisdiction; or
6.1.7. on receipt of a decision by a dispute resolution provider appointed in terms of an official domain name Dispute Resolution Procedure introduced by law, or adopted and published by the Registry or ICANN (if applicable).
6.2. In the event that the Registrar’s accreditation is withdrawn by the Registry, the Registry may initiate a forced transfer of the Domain Name to another registrar.
7. Personal Information
7.1. Personal Information provided by the Applicant to the Registrar will be used in a manner generally accepted in the domain name industry, and in particular for the following purposes:
7.1.1. use of Personal Information by the Registrar and Registry in providing the registrar and registry services respectively and in particular providing a public WHOIS facility which may include the Personal Information;
7.1.2. inclusion of Personal Information in escrow deposits by the Registrar and Registry held by third parties located both inside and outside of the respective countries in which they provide the services;
7.1.3. transfer of Personal Information to the Registry’s affiliates and service providers for the purposes of providing registry services wherever in the world such parties may be located;
7.1.4. transfer of Personal Information to a third party replacing the Registry in providing the registry function in terms of the registry agreement between ICANN and the Registry, wherever in the world such third party may be located.
7.2. In processing the Personal Information as set out in clause 7.1 the Registrar and Registry may transfer such Personal Information to the parties described therein. If the Registrar is a reseller of registrar services, then the Personal Information will also be transmitted to the sponsoring registrar.
7.3. THE APPLICANT CONSENTS TO THE PROCESSING OF PERSONAL INFORMATION AS DESCRIBED IN CLAUSES 7.1 AND 7.2. AND ACKNOWLEDGES THAT REGISTRATION, TRANSFER OR RENEWAL OF THE DOMAIN NAME IS DEPENDENT ON SUCH CONSENT.
7.4. Provision of the Domain Name is dependent on the Applicant’s consent, and the Domain Name may be suspended or withdrawn if the Applicant withdraws such consent.
8. Exemption and Indemnity of the Registry
8.1. THE REGISTRY ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WILL UNDER NO CIRCUMSTANCES WHATSOEVER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND AND HOWSOEVER ARISING (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, BUSINESS INTERRUPTION OR LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, DELICT, OR OTHERWISE, EVEN IF THE REGISTRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
8.2. THE APPLICANT WILL INDEMNIFY, DEFEND, AND HOLD THE REGISTRY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS HARMLESS AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE LEGAL FEES AND EXPENSES) RELATING TO OR ARISING OUT OF TO THE APPLICANT’S DOMAIN NAME REGISTRATION.
9. General
9.1. For adjudication of any legal disputes between the Applicant and the Registry, the Applicant hereby consents to the jurisdiction of the High Court of South Africa (Gauteng Division, Pretoria).
9.2. The Agreement will be construed and interpreted in accordance with the law of the Republic of South Africa.
9.3. The Applicant acknowledges that the Registry may oblige the Registrar to make changes to or supplement the Agreement or parts of the Agreement (“amendments”) if these amendments are reasonably necessary for the administration of the Namespace. These amendments will be published on the Administration Sites from time to time.
9.4. The Applicant accepts that it is incumbent on it to monitor such changes and it hereby agrees that should it fail to notify the Registrar of the Applicant’s wish not to be bound by such amendments within 30 (thirty) days of such amendment being published, it will conclusively be deemed to have acceded and agreed to the amendments thus published.
9.5. To the extent that the Registry is granted rights, the relevant provisions of this Agreement will constitute an agreement for the benefit of a third party (stipulatio alteri) in the Registry’s favour. Where the Registry has lawfully assigned its rights and duties under its Registry-Registrar Agreement with the Registrar, the assignee will be the beneficiary under this clause.
9.6. In the event that any of these terms are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.
A9. Hosting
1. Introduction
1.1. In addition to the General Terms, these terms and conditions govern the use of the ITBLUE domain registration and hosting services. By contracting with ITBLUE for the services a Client will be lawfully regarded as having agreed to their use of the services specified being governed by this Agreement.
1.2. Hosting services refers to the following: Linux Shared Hosting, Email Only Hosting, WordPress Hosting, Windows Shared Hosting, VPS Hosting.
1.3. ITBLUE may, at times with reasonable notice to customers, revise or amend its current Shared and VPS Hosting offerings relating to price, features, traffic allocations and disk sizes.
2. Domain Registration (ALSO refer to the Domain Registration Services in A8)
2.1 ITBLUE registers domains on the Internet through the relevant governing bodies and hosts websites and related material on the ITBLUE 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 ITBLUE.
2.2 ITBLUE registers domains through approved Domain Registrars, such as OpenSRS (for gTLDs). ITBLUE may, at its discretion use other approved entities for registration, but in general may limit domains offered based on availability from the registrar concerned.
2.3 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. ITBLUE may post links to these terms and conditions on the ITBLUE Website purely as a convenience to the Client.
2.4 Where ITBLUE is acting as a registrar or reseller in registering a domain name for the Client, the Client may be required to agree to further terms. ITBLUE will provide the Client with a link to these terms, which are incorporated into this Agreement by reference.
2.5 ITBLUE will strive to ensure that registration and subsequent DNS propagation is effected in the shortest period of time. However, ITBLUE 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.
3. Domain Registration
Annual Renewal Fees, Redemption fees or any other fees which may become payable in respect of domain ownership. Clients are exclusively responsible for such fees, and ITBLUE will not enter into any disputes resulting from non-payment. Should such domains be automatically renewed, Clients will be billed for such renewal without exception. Clients not wanting to continue with a specific domain must ensure that cancellation is effected before any such renewal is actioned by ITBLUE with the registrar concerned.
4. Domain Renewal
4.1 ITBLUE will register a domain for a specified period (generally one year)
4.2 Thereafter, the Client is solely responsible for ensuring that the domain is renewed at the end of that period, and subsequent periods, until the domain is either cancelled or transferred by the client. This includes domains which have been set to auto-renew. Should the auto-renewal process fail, the onus will be on the client to notify ITBLUE of the failure.
4.3 ITBLUE will endeavour to send a courtesy reminder to the Client, such as an SMS, email. Such reminders in no way transfer responsibility to ITBLUE for ensuring that the domain is renewed.
4.4 Should this reminder fail to reach the Client, or should the reminder fail to be issued, this will not constitute a breach of this agreement, as this is solely performed as a courtesy.
4.5 Clients registering domains must take note of the registration date, and ensure that renewal is effected.
5. Domain Transfer
5.1 ITBLUE will transfer existing (registered) domains from existing hosting providers to ITBLUE’ 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 registrant of the domain in question, or having been nominated as an agent of the registrant. The Client thereby indemnifies ITBLUE from any disputes regarding ownership of the domain and any claims as a result thereof.
5.2 On application and payment for the transfer of a hosting a service the domain space is reserved on our hosting server. It is the client’s responsibility to ensure that the transfer request from ITBLUE is accepted and to advise ITBLUE of any delays. The client will be billed for the reserved hosting space regardless of the domain being transferred or not unless cancelled.
6. Cancellation
6.1 The service is a monthly billed service which will continue on a month to month basis until cancelled. Cancellations require a calendar months’ notice and must be submitted via the Control Panel (Purchases on Promotion may carry additional T’s & C’s).
6.2 Cancellation, by the Client or ITBLUE, will result in any data being permanently removed from ITBLUE’ servers. Clients are solely responsible for ensuring that backups are made of web content and email data, or any other data stored on their hosting space. ITBLUE will not be liable for loss of data, or be obliged to provide any such data once the hosting contract term has expired. Any backups made by ITBLUE will be made for legal purposes and not for data retention purposes and will not necessarily be made available to Clients on request.
7. Liability for Registration and Use of Domain Names
7.1 ITBLUE has not and does not conduct pre-registration searches in respect of the Client’s use and registration of its selected Domain Name/s and is therefore not obliged to either advise the Domain Name client about possible conflicting third party rights or to take steps to ensure against possible disputes concerning a third party’s intellectual property or other rights.
7.2 ITBLUE reserves the right to disclose pertinent information to Registrars for public disclosure as per the Terms and Conditions of the Registrar. ITBLUE will not be held liable for any claims of infringement of privacy by fulfilling such registration conditions.
7.3 This forms a regulatory requirement by the registrar, and there a Service Agreement requirement to the Client.
7.4 The Client indemnifies ITBLUE by warranting that the use or registration of the Domain Name by a Client does not interfere with nor infringe the rights of any third party in any jurisdiction with respect to trademark, service mark, tradename, company name, close corporation name, copyright nor any other intellectual property right, and that Client has the right to use the Domain Name as requested.
7.5 ITBLUE cannot act as an arbiter of disputes arising out of the registration and use of Domain Names. At the same time, Clients acknowledge that ITBLUE may be presented with evidence that a Domain Name registered by a Client violates the rights of a third party. In such instance ITBLUE shall be allowed to provide a complainant with the Client’s name and address and all further communication will exclude ITBLUE and ITBLUE will have no further obligations to the Client. In such instance the Client shall be entitled to continue using the Domain Name registered for the Client by ITBLUE until a court or other body with jurisdiction directs otherwise.
8. Registrant Contact Details for co.za, net.za, web.za and org.za
The ZACR policy indicates that the registrant contact details has to be updated to the legitimate beneficiary of the domain which would be the domain owner and not the reseller.
8.1 The registrant, being the legitimate beneficiary of the domain name service, is accurately identified on the domain name record (full legal name); and
8.2 The registrant’s designated email address is accurately identified on the domain name record where prescribed.
9. Hosting Services
9.1 ITBLUE does NOT guarantee SMTP mail relay services by default with shared hosting packages. This is provided merely as a value added extra.
9.2 ITBLUE 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.
9.3 ITBLUE 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.
9.4 ITBLUE reserves the right (but does not assume any obligation) to inspect the contents of data that the Client transmits, receives or stores on an ITBLUE Server to ensure compliance with this Agreement, ITBLUE’ AUP, or any applicable laws regulations or codes of practice.
9.5 The Client must immediately and adequately respond to a denial of service attack (DOS / DDOS). If the Client’s facilities are targeted by a DOS attack that affects other network users, the Client’s Service will be suspended.
10. Backups
10.1 Clients are solely responsible for backing up their data and ITBLUE strongly encourages ALL Hosting Clients to do so as frequently and completely as possible. ITBLUE will not be liable for any data loss or any other losses or damages related to backups or data recovery without exception.
10.2 Clients are ultimately responsible for their own data, and ITBLUE strongly encourages such Clients to continue to make their own backups as frequently and completely as possible to ensure that they have recourse in the event of any failure.
10.3 ITBLUE 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 ITBLUE by instruction from Clients or by Clients themselves.
10.4 ITBLUE 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.
10.5 ITBLUE endeavours to keep a backup of the domain, the backup is of the last 3 days content only. Whilst we endeavour to keep a backup of the last 3 days content this can in no way be guaranteed, it is the client/site owners responsibility to keep a local backup of their site/s at all times. ITBLUE will in no way be held responsible for any loss of content whatsoever.
11. Cloud Hosting
11.1 ITBLUE reserves the right to manage the cloud environment at its discretion for the overall benefit of cloud hosted Clients. Any virtual machine which ITBLUE deems at its sole discretion to have a negative effect on the environment may be powered down or suspended.
11.2 ITBLUE deploys all new Cloud Servers using various virtualization tools pre-loaded. These tools are integral to the smooth running of virtual servers, including managing resources and smooth and safe rebooting. These tools must be running at all times, as shutting it down will severely affect the performance of the server, and efficiency of the core controllers i.e. affecting other clients’ virtual servers.
11.3 ITBLUE strictly forbids the creation of nested VM’s, or virtual instances within a virtual server. This severely degrades overall performance and will be treated as a violation of ITBLUE’ AUP and Terms & Conditions (contrary to the intended use of the product).
11.4 ITBLUE also strictly forbids any misuse of shared or cloud resources, such as Ram Disks (use RAM memory as storage disk space), which abuses resources and compromises the integrity of the cloud environment.
11.5 ITBLUE may also, at its discretion, restrict server to limited IOPS (Input Output Operations Per Second) where a Client’s use of available virtual resources is negatively affecting the overall environment.
11.6 ITBLUE reserves the right to move a Cloud server between our virtual environments and Internet backbones, both within South Africa and internationally as it deems necessary.
12. VPS Hosting
12.1 ITBLUE reserves the right to manage the cloud environment at its discretion for the overall benefit of cloud hosted Clients. Any virtual machine which ITBLUE deems at its sole discretion to have a negative effect on the environment may be powered down or suspended.
12.2 ITBLUE deploys all new VPS Servers with Guest Agent software pre-loaded. Guest Agent software is integral to the smooth running of virtual servers, including managing resources and smooth and safe rebooting. Guest Agent Software must be running at all times, as shutting it down will severely affect the performance of the server, and efficiency of the core controllers i.e. affecting other clients’ virtual servers.
12.3 ITBLUE strictly forbids the creation of nested VM’s, or virtual instances within a virtual server. This severely degrades overall performance and will be treated as a violation of ITBLUE’ AUP and Terms & Conditions (contrary to the intended use of the product).
12.4 ITBLUE also strictly forbids any misuse of shared or VPS resources, such as Ram Disks (use RAM memory as storage disk space), which abuses resources and compromises the integrity of the cloud environment.
12.5 ITBLUE may also, at its discretion, restrict server to limited IOPS (Input Output Operations Per Second) where a Client’s use of available VPS resources is negatively affecting the overall environment.
12.6 ITBLUE reserves the right to move a VPS server between our virtual environments and Internet backbones, both within South Africa and internationally as it deems necessary.
12.7 Extra disk space purchased is not down gradable.
13. Use at Client’s Risk
13.1 ITBLUE will exercise no control whatsoever over the content of the material hosted on, or the information passing through the ITBLUE network and in no way moderates such content.
13.2 Clients expressly agree that use of ITBLUE’ Server(s) and Services are at the Client’s sole risk.
14. Spam/Virus Filtering
14.1 ITBLUE 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 ITBLUE shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.
14.2 ITBLUE reserves the right to examine incoming or outgoing mail to the extent necessary to determine if it is classified as spam or malicious.
15. Webmail
Webmail and other web-based email services made available by ITBLUE are provided on an “as is” basis without representations, warranties or conditions of any kind, and the Client acknowledges and agrees that ITBLUE 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 ITBLUE. As webmail storage space is limited, some webmail messages may not be processed due to space constraints or message limitations.
16. Takedown Notice Procedure
In terms of section 75 of the Electronic Communications and Transactions Act (“the ECT Act”) the Internet Service Providers’ Association (ISPA) can instruct ITBLUE to perform a site takedown upon receipt of notification of infringements as defined in Section 77 of the Act.
Any enquiries can be directed to ISPA at:
Postal address: PO Box 518, Noordwyk, 1687, Midrand
Tel: 010 500 1200
Email: [email protected]
Should ITBLUE receive a takedown notice from ISPA, ITBLUE will endeavour to:
1. Notify the Client in good time of the takedown notice.
2. Allow the Client reasonable time to remove the disputed, illegal or infringing content.
3. Takedown any sites or services which are included in the ISPA takedown notice.
17. Software Updates
ITBLUE will be responsible for updates to Operating Systems and Shared Libraries on Shared Hosting Servers.
18. Disclaimers, Limitations and Indemnities
18.1 ITBLUE will not be liable for any loss or damage, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, delict, or otherwise which may be suffered as a result of or which may be attributable, directly or indirectly, to the use and/or registration of the Client’s selected domain names/s OR ANY ACTION TAKEN BY ITBLUE IN RESPONSE TO THE ABUSE OF THE DOMAIN REGISTRATION SERVICES WHICH IT OFFERS.
18.2 The Client hereby indemnifies and holds harmless ITBLUE against any loss whatsoever arising from any dispute or claim or other action occasioned by the Client’s use and registration of its selected Domain Name, even if ITBLUE has been advised of the possibility of such damages;
18.3 ITBLUE will not be liable for any indirect or consequential loss, damage, cost or expense of any kind, irrespective of how such damage or loss was caused, whether arising under contract, delict or otherwise, including, and not limited to, data loss or corruption, loss of profits, contracts, operation time and goodwill.
18.4 Neither ITBLUE, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that ITBLUE’ Server service will not be interrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the ITBLUE Server service, unless otherwise expressly stated in this Agreement.
18.5 ITBLUE expressly limits its liability to the Client for damages suffered due to any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. ITBLUE specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
18.6 ITBLUE is not responsible if an external company network and firewall is setup to block access to services ITBLUE provides. If a Client’s network is setup to block certain ports or web addresses that compromise the services ITBLUE provides it is the Client’s responsibility to ensure that their network configurations are changed as necessary.
18.7 Clients also hereby indemnify ITBLUE against any 3rd party claims against themselves as resellers or services provided to the public or privately. Clients will be solely liable to external parties for losses and may, in no way, petition ITBLUE to share or cover such losses or liability, either directly or indirectly. ITBLUE is also indemnified from direct claims from Clients for losses incurred due to 3rd party actions or claims.
A10. Vodacom 5G, Fixed LTE
Vodacom 5G is an Uncapped service with an Acceptable Usage Policy which differs per service type. Vodacom coverage maps are generated by Vodacom based on available tower capacity and signal strength 3D modelling. Certain factors such as device placement and interference from man-made structures and obstructions, weather conditions and vegetation growth may prevent your router from connecting to 5G. In these instances, your device will fallback to 4G LTE-Advanced, with speeds up to 300Mbps.
Vodacom Fixed LTE is available as a Capped or Uncapped service and is a best effort service with no minimum service levels guaranteed. Speeds will differ and no minimum speeds are guaranteed. Many factors determine the speed and quality of service which will be achieved such as but not limited to, distance, weather, interference around and within the property. Speeds may be limited to a maximum speed, this is dependent on the product purchased. Uncapped products are subject to an Acceptable Usage Policy.
The service is a monthly billed service which will continue on a month to month basis until cancelled. Cancellations require a calendar months’ notice and must be submitted via email to the accounts department (Purchases on Promotion may carry additional T’s & C’s for cancellation), cancellations can be set up until 9am on the second last day of each month. A calendar month is determined as one full month (1st to last day) must pass between the cancellation request and cancellation date. Service changes may be possible within the same service group e.g. Vodacom 5G. Service changes, where available, may be made before 9am on the second last day of each month. The new service will only be effective from the 1st of the following month provided no Service Change rules are in place (Refer to Policies and Procedures – Service Changes) and Promotional Terms and Conditions if the service was purchased on a Promotion.
These services are only available at pre-defined locations as provided by Vodacom. During the sign up process availability will be determined according to the address provided, this is due to service availability being limited per location/area in order to provide an optimal service experience. The sim will be locked to the location provided at sign up, this location must also be the location where the first connection is made and cannot be used at another location. We reserve the right to permanently suspend and cancel a service that is found to be moved to different geographical locations often. Should the new location not be within Vodacom 5G/Fixed Lte Coverage the service will need to be cancelled. The standard cancellation policy and applicable fees will apply.
The sim must be used in a router approved by Vodacom.
On the day of purchase a full month’s invoice will be raised and debited accordingly. Accepted payment methods for the purchase and renewal of the service are Debit Order and 3 months pre-payment, your chosen payment method will apply to all services on the profile going forward. Debit order payments are required to clear before delivery will take place (payment clearance can take up to 5 days). Once delivered please allow up to 48 hours from the time the SIM Card is inserted into the device for the data to be allocated by Vodacom.
The purchase of the Vodacom 5G service is subject to RICA and you will be required to provide certain documentation when signing up as well as on delivery of the device/SIM, the requirements will be communicated to you. Clients will provide their RICA documents to the courier on delivery and the documents will be sent to ITBLUE, as such please be advised that your personal details will be received by the courier, courier company and ITBLUE. Your personal details will only be used for the purpose of RICA and for no other reason provided it is not required by law.
Sim swops will be processed where possible. The delivery fee for the new sim will however be charged to the clients account.
These services carry an Acceptable Usage Policy which may affect the speed of your service.
A11. MTN 5G, Fixed LTE
MTN 5G is an Uncapped service with an Acceptable Usage Policy which differs per service type. MTN 5G coverage maps are generated by MTN based on available tower capacity and signal strength 3D modelling. Certain factors such as device placement and interference from man-made structures and obstructions, weather conditions and vegetation growth may prevent your router from connecting to 5G. In these instances, your device will fallback to 4G LTE-Advanced, with speeds up to 300Mbps.
MTN Fixed LTE is available as a Capped or Uncapped service and is a best effort service with no minimum service levels guaranteed. Speeds will differ and no minimum speeds are guaranteed. Many factors determine the speed and quality of service which will be achieved such as but not limited to, distance, weather, interference around and within the property. Speeds may be limited to a maximum speed, this is dependent on the product purchased. Uncapped products are subject to an Acceptable Usage Policy.
The service is a monthly billed service which will continue on a month to month basis until cancelled. Cancellations require a calendar months’ notice and must be submitted via email to the accounts department (Purchases on Promotion may carry additional T’s & C’s for cancellation), cancellations can be set up until 9am on the second last day of each month. A calendar month is determined as one full month (1st to last day) must pass between the cancellation request and cancellation date. Service changes may be possible within the same service group e.g. MTN 5G. Service changes, where available, may be made before 9am on the second last day of each month. The new service will only be effective from the 1st of the following month provided no Service Change rules are in place (Refer to Policies and Procedures – Service Changes) and Promotional Terms and Conditions if the service was purchased on a Promotion.
These services are only available at pre-defined locations as provided by MTN. During the sign up process availability will be determined according to the address provided, this is due to service availability being limited per location/area in order to provide an optimal service experience. The sim will be locked to the location provided at sign up, this location must also be the location where the first connection is made and cannot be used at another location. We reserve the right to permanently suspend and cancel a service that is found to be moved to different geographical locations often. Should the new location not be within MTN 5G/Fixed Lte Coverage the service will need to be cancelled. The standard cancellation policy and applicable fees will apply.
The sim must be used in a router approved by MTN
On the day of purchase a full month’s invoice will be raised and debited accordingly. Accepted payment methods for the purchase and renewal of the service are Debit Order and 3 months pre-payment, your chosen payment method will apply to all services on the profile going forward. Debit order payments are required to clear before delivery will take place (payment clearance can take up to 5 days). Once delivered please allow up to 48 hours from the time the SIM Card is inserted into the device for the data to be allocated by MTN.
The purchase of the MTN 5G service is subject to RICA and you will be required to provide certain documentation when signing up as well as on delivery of the device/SIM, the requirements will be communicated to you. Clients will provide their RICA documents to the courier on delivery and the documents will be sent to ITBLUE, as such please be advised that your personal details will be received by the courier, courier company and ITBLUE. Your personal details will only be used for the purpose of RICA and for no other reason provided it is not required by law.
Sim swops will be processed where possible. The delivery fee for the new sim will however be charged to the clients account.
These services carry an Acceptable Usage Policy which may affect the speed of your service.
A12. Telkom Fixed LTE, Business Uncapped LTE, Uncapped Fixed LTE, Uncapped LTE
Telkom LTE is a best effort service with no minimum service levels offered. Speeds will differ according to the type of connection made. Average speeds within the specified coverage areas range between 10Mbps and 50Mbps. Many factors determine the speed and quality of service which will be achieved such as but not limited to, distance, weather, interference around and within the property.
Telkom Uncapped LTE is a best effort service with no minimum service levels offered. Speeds will differ according to the type of connection made. Average speeds within the specified coverage areas range between 2Mbps and 10Mbps dependent on the Fair Usage Policy currently being applied to the service. Many factors determine the speed and quality of service which will be achieved such as but not limited to, distance, weather, interference around and within the property.
Telkom Uncapped Fixed LTE is a best effort service with no minimum service levels offered. Speeds will differ according to the type of connection made, service purchased and Fair Usage Policy applied. Average speeds within the specified coverage areas range between 2Mbps and 20Mbps dependent on the Fair Usage Policy currently being applied to the service. Many factors determine the speed and quality of service which will be achieved such as but not limited to, distance, weather, interference around and within the property equipment used.
Telkom Uncapped LTE is a best effort service with no minimum service levels offered. Speeds will differ according to the type of connection made. Average speeds within the specified coverage areas range between 2Mbps and 10Mbps dependent on the Fair Usage Policy currently being applied to the service. Many factors determine the speed and quality of service which will be achieved such as but not limited to, distance, weather, interference around and within the property.
The service is a monthly billed service which will continue on a month to month basis until cancelled. Cancellations require a calendar months’ notice and must be submitted via email to the accounts department (Purchases on Promotion may carry additional T’s & C’s for cancellation), cancellations can be set up until 9am on the second last day of each month. A calendar month is determined as one full month (1st to last day) must pass between the cancellation request and cancellation date. Service changes may be possible within the same service group e.g. Telkom 5G. Service changes, where available, may be made before 9am on the second last day of each month. The new service will only be effective from the 1st of the following month provided no Service Change rules are in place (Refer to Policies and Procedures – Service Changes) and Promotional Terms and Conditions if the service was purchased on a Promotion.
These services are only available at pre-defined locations as provided by Telkom. During the sign up process availability will be determined according to the address provided, this is due to service availability being limited per location/area in order to provide an optimal service experience. The sim will be locked to the location provided at sign up, this location must also be the location where the first connection is made and cannot be used at another location. We reserve the right to permanently suspend and cancel a service that is found to be moved to different geographical locations often. Should the new location not be within Telkom 5G/Fixed Lte Coverage the service will need to be cancelled. The standard cancellation policy and applicable fees will apply.
The sim must be used in a router approved by Telkom
On the day of purchase a full month’s invoice will be raised and debited accordingly. Accepted payment methods for the purchase and renewal of the service are Debit Order and 3 months pre-payment, your chosen payment method will apply to all services on the profile going forward. Debit order payments are required to clear before delivery will take place (payment clearance can take up to 5 days). Once delivered please allow up to 48 hours from the time the SIM Card is inserted into the device for the data to be allocated by Telkom.
The purchase of the Telkom 5G service is subject to RICA and you will be required to provide certain documentation when signing up as well as on delivery of the device/SIM, the requirements will be communicated to you. Clients will provide their RICA documents to the courier on delivery and the documents will be sent to ITBLUE, as such please be advised that your personal details will be received by the courier, courier company and ITBLUE. Your personal details will only be used for the purpose of RICA and for no other reason provided it is not required by law.
Sim swops will be processed where possible. The delivery fee for the new sim will however be charged to the clients account.
These services carry an Acceptable Usage Policy which may affect the speed of your service.