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General

Hostking provides hosting services to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All registered clients of Hostking (www.hostking.com.ng) agree to and are subject to our Acceptable Use Policy, Privacy Policy and the following Terms of Services: Clients acknowledge that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Hostking and that damages resulting from any interruption of service are difficult to ascertain. Therefore, clients agree that Hostking shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Hostking. Subscriber further acknowledges that Hostking’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall Hostking be held liable for any special or consequential damages, loss or injury.

Billing

You agree to use all Hostking services and facilities at your own risk. Hostking specifically disclaims all warranties of merchant ability and fitness for a particular purpose. In no event shall Hostking be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Clients agree that they shall defend, indemnify, save and hold Hostking harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Hostking, its agents, its customers, officers and employees, that may arise or result from any service provided, performed, agreed to be performed or any product sold by its customers, its agents, employees or assigns. Clients agree to defend, indemnify and hold Hostking harmless against liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with Hostking’s network. Hostking reserves the right to intervene with any website/data hosted on its servers/network in the interest of its clients. Any material supplied/hosted by a client that is infringing or allegedly infringing on the proprietary rights of a third party copyright owner are subject to removal from Hostking’s servers/network. Hostking shall be the sole judge of what violates this policy. At this time, we bill monthly, quarterly, semi-annually and annually, depending upon the web hosting plan. We provide a 7-day money-back (refund) guarantee for web hosting services. Each refund request must be submitted using our support ticket system located at my.hostking.host. Each refund request is evaluated on a case by case basis – depending on the situation, no refund, full refund or partial refund will be issued. If a refund is not issued, an account credit may be issued. Hostking will only issue a refund or credit within 7 days after the initial sign up date of the service. Therefore, Hostking retains the right to grant or deny any refund or credit request – not affected by date. (For some special offers, the money-back guarantee day will be varied; Domain Name registration/transfer fee(s) are non-refundable. Some payments are non-refundable but may receive an account credit. To prevent abuse, only a client’s first invoice is eligible for a refund unless stated otherwise. We accept Visa, Master Card and PayPal. All services are setup, free of any fees or charges. Clients are encouraged to pay via Stripe or Payfast as it is the easiest way to handle payments at this time. There are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise. Hostking does not refund domain name registrations or renewals.

Terms and Conditions for Automated Recurring Payments via Stripe

Introduction

These terms and conditions (the “Agreement”) govern the use of automated recurring payment services provided by Hostking (“Company”) through Stripe, Inc. (“Stripe”). By using our services, you agree to be bound by this Agreement and all applicable laws and regulations. Please read this Agreement carefully.

Definitions

1.”Company”: Refers to Hostking, the entity providing goods or services.

2.”Customer”: Refers to the individual or entity making payments through Stripe.

3.”Stripe”: Refers to Stripe, Inc., the payment processing service.

4.”Service”: Refers to the automated recurring payment service provided by Company through Stripe

Recurring Payments

By using our Service, you authorize us to process recurring payments on your behalf. You agree to pay the agreed-upon amount at the specified intervals. You can cancel recurring payments 14 days before a due date of the specific package or domain by following the instructions provided by Hostking  by contacting our customer support.

Payment Processing

Payments will be processed through Stripe’s secure platform. Company is not responsible for any unauthorized charges or security breaches on Stripe’s platform. tripe’s terms and conditions are an integral part of this Agreement. Please refer to Stripe’s terms and conditions for more information.

Fees and Charges

The Company will not charge fees for using the Service. All fees and charges are disclosed to the Customer before payments are processed. The Customer is responsible for any additional charges imposed by Stripe or other financial institutions.

Privacy and Data Security

Company will handle personal and financial information in accordance with applicable data protection laws. For more details, please refer to our Privacy Policy. Stripe is responsible for the security and handling of payment-related data. Refer to Stripe’s Privacy Policy for more information.

Termination

Either party may terminate this Agreement with written notice 14 days before the due date of the package or domain by submitting an email to billing@hostking.co.za. Termination will not affect any outstanding obligations, including payments due. No refunds will be processed for our non-refundable services according to the terms and conditions of non-refundable items.

Disclaimer

Company and Stripe make no warranties, either express or implied, regarding the Service, including but not limited to its reliability and suitability for a particular purpose.

Indemnification

Customer agrees to indemnify and hold Company and Stripe harmless from any claims, liabilities, and expenses resulting from the use of the Service.

Changes to the Agreement

Company reserves the right to modify this Agreement at any time. Customers will be notified of any changes.

Contact Information

For questions or concerns regarding this Agreement, please contact billing@hostking.co.za.

Uptime Guarantee

Hostking offers each client with a 99.9% uptime guarantee. In the event that a 99.9% uptime (measured per month) is not met, clients will be eligible to receive a credit(s) based on the situation and amount of downtime. However credit(s) may not be provided for certain events such as: DDoS (Distributed Denial of Service) attacks, scheduled maintenance, reboots, hardware replacements and null-routes. In order to receive a “compensation” credit, the client must do so by making a request by opening a billing ticket or by emailing support. Hostking’s network is DDoS (Distributed Denial of Service) protected, we cannot guarantee any level/type of protection. We are often able to protect against various types of attacks up to 20Gbps. Attacks that are larger than this will result in the target IP address being null-routed. We are not responsible for any downtime or performance decreases caused by DDoS attacks.

Limitation of Liability

Hostking shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Hostking servers going off-line or being unavailable for any reason whatsoever. Furthermore, Hostking shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Hostking servers. All damages shall be limited to the immediate termination of service.

Payments

All services are billed according to the dates they were first activated on. If you do not pay for service renew within 7 days after deactivation, your service will be suspended. If you do not pay for service renew within 30 days after deactivation, your service will be terminated. You will receive an email reminder 7 days until deactivation. A penalty fee will incur if a payment with an incorrect amount is made to Hostking. When a refund is made from Hostking, a transaction fee occurs on our behalf of the total amount paid from the client. A penalty fee of 10% from the total amount paid by the client will be deducted. Hostking will not be liable to issue the full refund that exceeded the initial amount stated on invoices.

Non Refundable Services

Domains Registered, WHMCS Licences, Softaculous, Direct Admin/cPanel Licensing.

Credits

Credits on accounts due incorrect billing by Billing department will be processed immediately. Withdraws for Affiliate Credits or payments can take 21 days. Credits to bank accounts can only be done 21 days from request

SMS Notifications

Hostking will send an sms notification to all customers who have not opted out of receiving sms notifications when the following occurs:

 

Marketing

Users May choose to opt-out to any of our marketing during registration, Our client area, SMS, Email, etc. You agree to allow us to market and provide you with new information of our services via sms, email, Whatsapp, etc. unless you opt-out via SMS or any other means. We will adhere to the POPI Act of South Africa however if you would like us to remove you kindly contact support or disable it via your client area.

Domains

Domain Purchases are non-refundable. Transfer fees are non-refundable when domain is already transferred. If you are registering or transferring a domain name you must also agree to the Domain Name Registration Agreement. Domain name WHOIS records must be on the OWNER’S details not the RESELLER or Hostking itself. Domains shall be renewed at the same price as new registrations. The current pricing is displayed on our website. Domain renewal reminders will be sent in advance of expiration via email to the address stored in your client area. Domains are ONLY auto renewed with a positive credit balance containing enough funds to renew the domain/s After 10 days (ZA) or 29 days(International) of being expired, domains enter the redemption period. At this point, a renewal fee of $300 (.com etc.) and ZACR $15 (co.za, org.za, etc.) for local domains to renew the domain name. Hostking will request that you to pay this cost until the 30th day past expiration and we will try to renew it. After the 30 day expiration deadline, the domain will no longer be available and may have to be re-registered when it becomes available. If Invoices are not paid on time by due date and domain has expired and redemption stage passed the invoice may go into cancelled state as it will now need to be re-registered Should an expired domain enter the redemption period, the cost of restoring the domain shall be no more than R3200. Prices to domains can change unexpectedly at anytime. We will notify customers within 24 to 48 hours of such a change Kindly note we do not register premium domains(Domains with 3 characters). If for any reason a premium domain is registered there may be a additional cost Should a reseller’s client contact us to renew a domain we will assist only in such a request. Kindly note and ensure all your domains are renewed when and as they should be, usually you have 10 (ZA) or 30(International) days after expiry to pay before a domain goes into redemption stage, not guaranteed. Please pay before(early) to ensure all goes through successfully and you do not loose your domains We do not assist client’s clients in anyway – it is against policy and unethical to do so. Free Domain Registration for some annual higher end packages (Advanced, Business and Pro) applies to the following extensions only: .co.za,.org.za,.web.za,.net.za If for any reason your domain is not registered, renewed or transferred correctly, Hostking, its directors, agents or employees WILL UNDER NO CIRCUMSTANCES WHATSOEVER BE LIABLE for any reason including human error. Hence please check that your domain is registered, renewed or transferred correctly at all times. We will however do our best to assist as best we can in transferring and registration of each and every domain. Should a reseller’s client contact us to transfer a domain we will not assist unless written consent from our client is provided or Form 2 of COZA (Uniforum) is done with attached affidavit

VPS Server Backups

All VPS Servers come with 1 weekly backups which is overwritten each weekend. This is to protect from server, system or client data loss. Clients may still create their own backups, and we do recommend this. Unmanaged servers do not have local or weekly backups, Unmanaged VPS clients should ensure they have setup some SVN or backup system on their VPS for database and web file backup revisions. Managed servers however can be set to have daily, weekly or monthly backups from within WHM in cPanel or Plesk.

Email Account Storage Limit

As we are a shared hosting provider we have limits in place to ensure “Fair Usage” and to keep our Email Services running optimally. When customers accounts are larger than 20 GB – indexing takes longer and statistics processing can also be an issue to complete. This is one of the reasons why we have a set limit on emails account of 20GB. If any customer has an email account storing emails larger than 20GB it is against this policy and we could request the customer move their hosting or in turn upgrade to a VPS. Preferably they could clean their email accounts of old emails they do not require.

Free Web Design

Our Free 1-page website design service is applicable to only the Advanced and Business Plans. 

We will only design 1 website per plan however you may request additional designs from our website designer at an additional cost.

We design websites that are legal and not against our terms of service in anyway. 

No fraudulent content is allowed or phishing and if we find content to be as such we will take down the hosting and delete the contents thereof. Please provide original and honest content as requested.

Free Hosting

Users are not allowed to downgrade from a higher tier package to free web hosting. An upgrade from free web hosting to a higher tier package is only permissible. Hostking has the right to remove any account information if a downgrade occurred from a higher tier package. Hostking is not liable and does not transfer accounts from any other paid web hosting package(s) to free web hosting. Backups aren’t offered on our Free Web Hosting plans. In order for backups to happen, an upgrade to a higher tier package is advised. If you would like to upgrade to a higher tier package, please contact our support team either via the live chat option or by issuing a ticket. Credits on accounts due incorrect billing by Billing department will be processed immediately. Withdraws for Affiliate Credits or payments can take 21 days. Credits to bank accounts can only be done 21 days from request 1.)It is your full responsibility to provide us with accurate account information, and it is your responsibility to keep that information up to date. Such information includes, but is not limited to: contact details, payment details, tax information, all website URL(s) where Hostking is promoted, promotional means and practices, and any other information we may request.

We do not offer the following on free hosting:

 

Loss Or Corruption Of Data

You acknowledge and agree that Hostking is not and shall not be responsible or liable for any loss of any kind (including lost profits) or corruption of data that you may experience on the Services or otherwise, nor are we required to return to you any data that you have stored on the Services. This includes, without limitation, the loss or corruption of data resulting from the suspension, deletion, or modification of your web pages or the Hostking site, network, system, or server “crashes” or outages, or other power outages, damage caused by viruses, worms, or security breaches, file corruption, and any other cause. We recommend that you to maintain backup versions of your web pages and related information to help protect yourself against such losses. We however do server backups daily and account weekly backups and have and will continue to do our utmost to protect all our clients even free hosting client’s data to the fullest extent with all our backup software and servers.

Term/termination

Term. This agreement shall be effective upon when applying for hosting services from Hostking. You may terminate this Agreement immediately for any reason at any time by sending mail to support@www.hostking.com.ng.

Termination by Hostking.

When account is cancelled and terminated backups are only kept for a period of 1 week. Please contact us within 1 week if you require backup of your cancelled account.

Disclaimer

Hostking cannot be held liable for system downtime, crashes, or data loss. Hostking has the right to terminate, suspend or cancel any client and or any service without notice or refund. We cannot be held liable for any predicted estimate of profits/income in which a client would have gained if their service was functioning. Certain services provided by Hostking are resold. Thus, certain equipment, routing, software, and programming used by Hostking are not directly owned or written by Hostking. Moreover, Hostking holds no responsibility for the use of our clients’ accounts. If any of our terms, policies or conditions are failed to be followed, the client account in question may be deactivated as well as all services/products attached to it. We reserve the right to remove any account without advance notice for any reason without restitution as Hostking sees fit. Hostking is not responsible for any clients files, data or actions. FURTHERMORE, Hostking retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.