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These Terms and Conditions govern the performance of web hosting services supplementary to the General Terms and Conditions.
1. Services
1.1. DesignThat shall render memory and computing capacity available, on a server operated by DesignThat, for the storage of websites and for the operation of applications that can be utilised via the internet.
1.2. DesignThat shall create, grant and maintain the connection between the server and the internet so that the data stored on the server can be transmitted to the calling computer without disruption and whenever required by external computers on the internet (clients) by means of the common internet protocols.
1.3. DesignThat shall endeavour to render the data, stored by the contract partner in accordance with the Terms and Conditions of the agreement, available to the global public via the internet 24 hours a day, seven days a week. DesignThat does not accept liability for successful access to the respective website, insofar as networks are used that are not exclusively operated by DesignThat or its direct contractors including their interfaces to third-party networks.
1.4. DesignThat shall schedule maintenance times for the optimisation and improvement of the performance of the systems providing the services, which are, on principle, outside the usual business hours, generally on Sunday between 12 am and 4 am and are only utilised as required. During these maintenance times, DesignThat may shut down its technical facilities as necessary and to a scope that is restricted to a minimum. The customer shall be informed of the execution of maintenance outside the above-mentioned maintenance times by e-mail in a timely manner.
1.5. DesignThat shall endeavour to render the systems available via the internet for at least 98.5% of the annual operating time (availability).
1.6. DesignThat shall execute an automatic backup of the stored data on a weekly basis. The backup copies shall in general be stored for a period of 60 days.
2. Supplementary Services
DesignThat shall also offer the following supplementary premium services, on request:
2.1. Domain Registration: on request, will register domain names on behalf of the customer with the respective issuing body. The customer authorises DesignThat to issue all declarations or execute all activities necessary for the registration of a domain with the respective issuing body, on behalf of the customer. The customer can only expect the actual assignment of the domain name once this has been confirmed by DesignThat. DesignThat shall not accept liability and provides no guarantee in respect of the assignment of the domain name orders. The customer shall indemnify DesignThat against any third party claims in respect of the domain name selected.
2.2. Establishment of access statistics: DesignThat shall draw up access statistics on the webserver for the customer. For this purpose, the server log files are evaluated on a daily basis. Customers can call current and historic statistics for whatever period is required via a protected website. The historic statistics are stored for a period of at least two years.
2.3. Spam protection: DesignThat shall monitor the incoming e-mails of the customer and shall mark e-mails that most likely contain undesired advertising (so-called spam e-mails). DesignThat shall attempt to mark the e-mails as reliably as possible (marking of as many spam e-mails as possible, if possible, no marking of desired e-mails).
3. Obligations of the Customer
3.1. The customer is responsible for maintaining its data on the server. The customer is given a password and the internet address to alter and update the data.
3.2. The customer is obliged not to disclose the login information to unauthorised third parties. Customers shall inform DesignThat immediately if they obtain knowledge that unauthorised third parties are aware of the password. Unauthorised third parties are not such persons who utilise storage, which forms the subject matter of the agreement, with the knowledge and agreement of the customer.
3.3. Customers shall provide assurance that they do not enter any contents, which infringe legal regulations, third party personal rights and trademark rights or morality. Customers must in particular heed the data protection provisions to the benefit of the users.
3.4. In the event of an infringement of the above condition, customers are obliged to refrain from all further infringements, to compensate DesignThat for the resultant or resulting loss and to indemnify and exempt DesignThat from third party claims for damages and the reimbursement of expenses caused by the infringement. The exemption obligation also extends to the obligation to fully exempt DesignThat from all legal defence costs (costs for courts, lawyers, etc.).
3.5 This does not affect DesignThat’s right to take further measures, in particular, to bar the contents and to issue an extraordinary notice of termination.
4. Temporary Bar
4.1. DesignThat is entitled to disrupt the connection between the stored data and the internet on a temporary basis (barring of the system) if sufficient indications in respect of illegal contents of the stored data exist, in particular as the result of a warning by a supposed infringed party, unless this is obviously unfounded, or as the result of investigations by state authorities. The bar shall be restricted to the supposed infringing contents, if possible. The customer shall be informed of the bar and should be given the reason. The customer shall also be requested to remove the supposed illegal contents or to present their legality and prove it, if necessary. The bar shall be removed as soon as the suspicion has been invalidated.
4.2. If the customer operates programs on the rented storage space, which could negatively impact or, due to known security flaws, threaten the operating characteristics of the systems of DesignThat or its agents, DesignThat is entitled to immediately bar the offer of the customer. The bar shall, if possible, be restricted to the programs causing the negative impact. The customer shall be informed immediately of the bar and should be given reasons.
4.3. DesignThat is further entitled to temporarily disrupt the connection between the stored data and the internet if the customer, on two successive occasions, defaults in paying the agreed fee or a significant part thereof. DesignThat shall inform the customer that it intends to execute a bar at least 48 hours prior to actual execution. After payment of the arrears, DesignThat shall immediately remove the bar.
4.4. Despite the bar of an offer for one of the above-mentioned reasons, the customer is obliged to pay the agreed fee, even for the period where the bar applies.
5. Disruption of Availability, Other Defects
5.1. If disruptions of system availability occur, the customer shall inform DesignThat of this immediately. DesignThat shall attempt to remove the disruption of availability immediately.
5.2. In the event of long-term, substantial defects of storage, DesignThat is entitled to remove the defects within a period of grace of 14 days granted by the customer. If a substantial defect cannot be removed within the period of grace, the contract partner can reduce the fee payable.
6. Additional Liability Provisions
6.1. DesignThat is not responsible for the content of the customer’s saved data or the saved contents. DesignThat also does not accept liability for damage suffered by the customer due to alterations of the saved data by the customer or other internet users.
6.2. In addition, DesignThat is not liable for any damages caused by the circumvention of password protection and similar protection facilities through “hacking” on the server used by the customer. DesignThat and the customer are both informed of the fact that a binding assurance regarding the security of these protection facilities is not possible due to the manifold opportunities of unauthorised third parties to influence the system in and via the internet.
7. Remuneration
7.1. The web hosting fees are payable by the customer in advance, at the beginning of a quarter, following invoicing.
7.2. The agreed flat rate comprises an individually agreed volume of storage and monthly data transfer volume. In the event that the agreed volumes are exceeded, the customer shall pay an additional fee. DesignThat shall inform the customer that the volumes have been exceeded immediately after determining this, at the latest, however, when sending the next regular invoice. If such information is not provided, the obligation to pay the additional fee no longer applies.
8. Term
8.1. The agreement is concluded for an indefinite period.
8.2. The agreement can be terminated by both parties by the end of a quarter. The notice of termination must be received by the respective recipient at least two months prior to the day that it should become effective. This does not affect the right of the contract partners to issue a termination for cause.
These Terms of Service (the ‘Agreement’) are an agreement between you – the user of our hosting and related services (collectively, the ‘Services’), and DesignThat Cloud, owned by Vconomy Group Ltd, a South African company headquartered in Johannesburg, Gauteng, and DesignThat DesignThat Technologies., a SA company headquartered in Johannesburg, RSA. All billing and hosting services are rendered by DesignThat Technologies. (billing operations will be handled here).
CANCELLATION & REFUNDS
DesignThat Cloud accounts are set up on a pre-pay basis. DesignThat Cloud customers may decide to cancel their accounts at any time, however, they will get a full refund of the service only if the cancellation request is made within 30 days of purchasing the account, according to our Money Back Guarantee Policy
To cancel an account, the Customer needs to send an e-mail or support ticket to our Accounts Department and provide any authentication credentials requested by DesignThat Cloud. Other forms of cancellation requests will not be accepted. Any incentives (free bonuses, etc.) offered to the Customer upon sign-up will be also cancelled.
Domain name registrations/transfers, service upgrades and web hosting plan renewals are treated as non-refundable services (see below) and cannot be cancelled or refunded after being activated upon customer request. The Customer will have the opportunity to transfer his/her domain away to another host.
Late cancellations, as well as accounts cancelled by DesignThat Cloud due to TOS violations (where the customer has decided not to fix the violation), do not qualify for the 30-day money back guarantee.
All credit requests for VISA, MasterCard, American Express and Discovery payments are processed within 48 hours of the submission of the refund request (by e-mail or ticket, as mentioned above). The funds will be credited back to the Customer’s credit/debit card and affect the Customer’s credit/debit card balance in accordance with the credit/debit card issuer’s terms of service.
All credit requests for PayPal payments are processed within 48 hours of the submission of the refund request (by e-mail or ticket, as mentioned above). The funds will be credited back to the Customer’s PayPal account and affect the Customer’s PayPal balance in accordance with PayPal’s terms of service.
MONEY BACK GUARANTEE POLICY
DesignThat Cloud offers a 30-day money back guarantee. If you are not satisfied with our hosting services, you can submit a refund request in a trouble ticket opened from your web hosting control panel, or via email sent to [email protected], and receive a full refund for your hosting plan within 30 days of the purchasing of the account. Please, NOTE that domain name registrations/transfers are non-refundable services.
All recurring payments and all payments made via bank transfer and/or deposit are non-refundable and are not subject to the 30-day money back guarantee.
NON-REFUNDABLE SERVICES
Non-Refundable Services: all service upgrades, wallet refills and plan renewal services purchased from the Web Hosting Control Panel; all 1-year or multi-year domain registration or transfer services purchased at sign-up or from the Web Hosting Control Panel.
All domain registrations and domain transfers are final, do not include any money-back guarantee and will be subject to a fee that is calculated on the basis of the actual NON-PROMOTIONAL annual price of the purchased domain’s TLD, multiplied by the number of years of registration or transfer. Any refund amount credited back to the Customer in accordance with our 30-day money back guarantee will not include the cost of the non-refundable services (if any) that have been purchased with the Customer’s web hosting plan upon sign-up (i.e. the Customer will be issued a partial refund on the original transaction if he/she has purchased non-refundable services within the web hosting account).
CHARGEBACKS
Chargebacks are not considered a way of refunding. Any Customer who initiates a credit card chargeback in response to a bill or order placed at Exclusive Hosting will be subject to full investigation.
When signing up for a web hosting account with DesignThat Cloud, customers agree to the conditions explicated in our Acceptable Use Policy (AUP) and the Web Hosting Terms of Service. Thus, DesignThat Cloud, as well as our authorized retailers (PayPal, PayStack, Flutterwave, Yoco and Standard Bank), will resort to these documents as an evidence for the Customer’s agreement, especially in the event that a Customer sends a chargeback inquiry based on points that he/or she first accepted, but is trying now to refute.
If/When a chargeback report is received, the first step of our DesignThat Cloud team will be to try to contact the user. Meanwhile, the user account will be suspended (in order to protect our system from fraudulent activity and misuse) and will remain suspended until the reasons for the chargeback have been clarified and a decision has been taken for according action.
If the chargeback has occurred due to some misunderstanding, a reverse payment procedure will be initiated with our authorized retailers and the account will be re-activated.
If the user has sent a chargeback request based on groundless argumentation (to our own judgment and these Web Hosting Terms of Service), then a dispute will be started with our authorized retailers in which the Web Hosting Terms of Service and the Acceptable Use Policy of DesignThat Cloud will serve as proof of the Customer’s agreement. The retailers then, taking into consideration all provisions in these legal documents, will decide whether the Customer has had sufficient grounds for the chargeback or whether DesignThat Cloud has the right to a reverse payment.
In case the chargeback originates from a fraudulent user and no reverse payment procedure can be initiated, then the respective hosting account will remain suspended.
