General

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1. Entire agreement: The Agreement constitutes the entire agreement between the parties.
2. No Variation: No changes to our Agreement made by you are effective unless in writing and signed by the authorised signatories of both parties.
3. Waiver (giving up rights): Any favour we may allow you will not affect (or substitute) any of our rights against you.
4. Severability: If any term is void (invalid), unenforceable, or illegal, the term may be severed (removed) from and will not affect the rest of our Agreement if it does not change its purpose.
5. Applicable Law: South African law governs our Agreement.
6. Survival: Despite termination of our Agreement, any clause, which, from the context, contemplates on-going rights and obligations of the parties, will survive the termination and continue to be of full force and effect.

Interpretation and Definitions

1. Unless the context clearly indicates to the contrary, any term defined in our Terms of service will, when used in these Specific Terms, bear the same meaning as defined in our Terms of Service.
2. Unless the context clearly indicates to the contrary, the following words will have these meanings:

Word	Meaning
Administrator and Registry	ZA Central Registry, the administrator of the .co.za Domain Name space.
Administrator Policies	The Administrator policies published by the Administrator from time to time located at www.registry.net.za.
Domain Names	An easy to remember name that points directly to your website. Sizwe Africa IT Group hosts domain names as part of its Domain Service to customers.
Domain Services	The Services we provide to you in respect of the Domain Names as set out in these Special Terms.
Email the Services	We provide to you in the form of: An email box on our systems, which includes an email address or aliases to the email address and best endeavours virus protection and filtering for unsolicited commercial email (SPAM).
Harmful Code	Any computer code that: Is designed to disrupt, disable, harm, or otherwise hinder the operation of any software, hardware or network (generally referred to as “viruses”, “Trojan horses” or “worms”). Would disable any software, hardware or network or impair in any way its operation. It does so by running out of a period of time, exceeding an authorised number of copies, advancement to a particular date or other numeral (generally referred to as “time bombs”, “time locks”, or “drop dead” code). Would permit any person to access any software, hardware or network of any other person without consent (generally referred to as “trap”, “access code”, “backdoor” or “trapdoor” codes) or Any other similar harmful, malicious or hidden procedures, routines or mechanisms that would cause the software, hardware or networks of any person to stop functioning or to damage or corrupt data, storage media, programs, equipment or communications, or otherwise interfere with operations;
Illegal Content	Content in violation of any law.
Location	The Sizwe Africa IT Group Data Centres situated in Cape Town and Samrand or any other address we indicate to you.
Misrepresentation	By a Customer includes: Actions to deceive, mislead, defraud, or otherwise make incorrect representations to any person regarding any fact or circumstance. Impersonating or attempting to impersonate or otherwise misrepresenting your identity to any person for whatever purpose. Altering the content of communications, you received and then forwarding it to others without indicating the nature of the alterations, or forging or otherwise manipulating origination details and data on any electronic data message generated by the Server with a view to disguising or deleting the origin of anything posted or transmitted including the use of “Socks Proxies”, “EZBounce”, “Vhosts”, “BNC’s” or any other software or hardware methods used to disguise or misrepresent your own IP address.
Registrar	An entity such as Sizwe Africa IT Group who has been accredited by the Administrator to perform Domain Name related transactions in the .co.za Domain name space.
Registrant	The entity applying to register a Domain Name.
Server	The computer hardware, machinery, and equipment on which the software operates.
Server Hosting	The Services that we provide to you.
Software	The operating system and applications we provide to you.
System Abuse	Any conduct that does or may: Damage, impair, overburden, or disable, interfere with any other person’s use of, or compromise or tamper with the security of, including spamming and mass messaging, the use of software and technologies known as “floodbots”, “clonebots”, “automated client” (for example “bots”, “fserv” or “script”), nuking and nuking tools (for example”7th Sphere”). Interfere with our or any other person’s software, hardware, systems, networks, or the Server.

Undertakings and Acknowledgements

1. We agree to use all reasonable steps to provide the Services to you on a continual basis, for the duration of the Agreement.
2. Although we take appropriate and reasonable measures to ensure that the Services are:

• Available
• Error free
• Up to date and
• Reliable

The Services are rendered “as is” and “as available” and are used at your own discretion and risk.

3. We will establish and maintain reasonable security measures to secure the integrity and confidentiality of any personal information that we host or store for you as referred to in section 19 of the Protection of Personal Information Act 2013 (POPI).

Server Hosting terms

General

4. Sizwe Africa IT Group abide by and uphold the ISPA Code of Conduct.
5. We provide Servers and space on shared Servers, together with web services and email facilities for web sites controlled by individuals or companies that do not have their own web servers.
6. We will only be required to give you the Server type and configuration that is advertised at the time you decide to obtain the Service from us. If you are an existing Customer and you wish to upgrade to a new Server, we may charge you an additional setup fee.
7. We do not allow physical access to any of the servers.
8. If we find that you have breached any of these Specific Terms, we may exercise any rights we may have available to us in law, including (without notice) the right to terminate access to any Services, or suspend or terminate any Services (which may include the deletion of your data).

Content

9. We have no knowledge of, nor interest in Customer content hosted on your behalf by Sizwe Africa IT Group on a Server or a shared hosting package. We also do not in any way contribute to or approve the content.

10. Nothing that we do in the performance of our obligations under the Service will be seen as an assumption of responsibility or liability by us as a result of any content. In particular, the limitation of liability in our Terms of Service will apply specifically to any loss, destruction, or corruption of your data, irrespective of the cause, including our negligence, your failure to back it up, us deleting it after the Service is terminated, and any system error or failure whether foreseen or unforeseen.
11. We will make a package available on a Server, where the Server is shared with other Customers. The Server will (at all times) remain our property. We will setup the Server according to our standard managed hosting Server configuration, at the Location on your behalf. We will not be responsible for the use of software you install (and for any vulnerabilities including traffic generated as per clause 2.3.10 below, that may result from the use of the software). You use the software at your own risk.
12. Where appropriate, we will maintain the software on our managed Servers.
13. You are solely responsible for all bandwidth and traffic related to your hosting package. This includes regularly monitoring usage through the client control panel. You will be liable for any over-usage charges. Any traffic management and reporting tools we give you are given solely to assist you in this process. This does not free you from responsibility, or place any responsibility on us. If you decide to make use of any traffic management and reporting tools:

• All information will not be real time information and there will always be a one day delay in the furnishing of information and
• We will not be responsible for any traffic spikes, information or denial of service attacks, or any loss or damage you suffer because of the information not being provided in real time.
• We are not required to give you further information on traffic usage other than what is reported through the client control panel.

14. We are not responsible for any licensing of any software you use.

Disaster Recovery

15. Sizwe Africa IT Group makes daily backups of all servers and client files, including back-ups of databases of which the 14 latest daily, 1 latest weekly (Friday), and 3 latest monthly backups are kept. Sizwe Africa IT Group does not take any responsibility for the integrity of these back-ups in case of a disaster recovery.

Service Availability, Service Level Guarantee and Network Uptime Guarantee

16. We guarantee that our network will be available 99.6% of the time in any given month, excluding scheduled maintenance.
17. SLA level of 99.6 % uptime/availability results in the following periods of allowed downtime/unavailability:

• Daily: 5m 45s
• Weekly: 40m 19s
• Monthly: 2h 55m 18s
• Quarterly: 8h 45m 56s
• Yearly: 1d 11h 3m 47s

18. Network uptime includes functioning of all network infrastructure, including routers, switches, firewall, and cabling.
19. Network downtime exists when a Customer is unable to transmit and receive data to and from our Managed Service and is measured according to our monitoring system.
20. If network uptime is less than 99.6%, we will credit you 5% of the base monthly fee for every 30 minutes of downtime (up to 100% of your monthly fee for the affected hosting package or Server).
21. You will not receive any credit:

• if there is a degradation of the Service outside our control;
• during scheduled maintenance windows;
• on the happening of a force majeure event;
• should a well formed DDoS attack target your server or hosting infrastructure;
• where the downtime is due to:

• Failure of access circuits to our network,
• domain Name Server issues outside our direct control,
• DNS propagation,
• negligent customer acts or omissions; or
• outages elsewhere on the Internet that hinder access to your hosting services.

• We are also not responsible for browser or DNS caching that may make your website appear inaccessible when others can still access it.

22. If you wish to exercise your right to a credit refund, you must request it by sending an email to us at billing@wearemachine.co.za. The email must include the domain or Server name associated with your hosting service in the “subject” line. Each request must include your customer number as well as the dates and times of the network unavailability. We must receive the request within 48 hours of the downtime. Only once we confirm the network unavailability according to our monitoring system, will we give you the credits.

Troubleshooting, ad-hoc (intermittent) and emergency work

23. Any troubleshooting you request will be charged at our standard hourly rate. If the cause turns out to be due to the gross negligence on our part, these charges will be waived. Our senior management will decide whether or not an act of gross negligence has been committed.
24. If you require any ad-hoc (on request) work to be done outside Business hours, you must specifically schedule this with us. We will only attend to emergency work outside of Business hours.
25. You must also understand that the Server restore time from a back-up depends on the volume of data to be retrieved, which could result in several hours downtime. In such a case, we are not obliged to give you a credit.
26. We may invoice you for time spent troubleshooting issues that we find are outside our control that we cannot reasonably be expected to have prevented or solved quickly. Only we may decide what is reasonably within or outside our reasonable control.

Hosting Fees

27. You will pay us a base hosting fee for hosting as indicated.
28. The base hosting fee does not include any other fees such as:

• Setup fees
• Fees relating to incremental bandwidth usage
• Fees for extra IP addresses
• Rackspace Premium Email
• Back-ups

Beyond that which is available without additional charge specifically specified in our standard rates available on our website that will be additional fees you must pay.

Email terms

Package Email

29. We will provide the following email related Services for Customers selecting shared hosting. This will form part of the disk usage of the hosting package:

• Filtering of unsolicited commercial email (SPAM):This is done on a best effort basis, without any guarantees, using appropriate best of breed technologies (for example SpamAssassin which is the most widely used open source filtering software);
• Virus filtering:This is done on a best effort basis without any guarantees, using appropriate best of breed technologies (for example Clam that is a very popular open source solution).
• An SMTP(simple mail transfer protocol) server for the sending of outgoing mail;
• A POP3(post office protocol) server for the downloading of incoming mail.
• IMAP (internet message across protocol) Server for the reading of mail.

Sizwe Premium Email & Hosted Exchange

30. As alternative we also provide Premium Email & Hosted Exchange as Email Service which includes (in addition to package mail):

• 25Gb mailbox size
• Webmail
• Self-help portal
• Advanced Virus protection and SPAM filtering
• Ability to split domain so that some mailboxes use IMAP/POP3 and some mailboxes use Hosted Exchange
• No Limit on attachment size
• Additional fees apply

General

31. We will take appropriate and reasonable measures to make your email environment secure and reliable.
32. We will:

• Do our best to support the setup and configuration and
• not be held responsible if there is any incompatibility between our Systems and any other third-party application.