General Terms & Conditions

The legal side of Loop Creative

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HOSTING TERMS & CONDITIONS
(Last updated: August 2015)
Loop Creative is a division of Loop Online (Pty) Ltd (Registration No. 2014/118143/07) ("Loop Creative") is a South African digital agency that provides hosting services to it's customers. We provide these services to customers subject to our Hosting Design Terms & Conditions.

This agreement (the “Agreement”) is between you, “the Client” and “Loop Creative” In consideration of the mutual agreement made herein, both parties agree as follows:

1. Interpretation and Definitions

1. Unless the context clearly indicates to the contrary, the following words will have these meanings:

Word Meaning
Administrator and Registry UniForum SA, 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 is an easy to remember name that points directly to your website. Loop Creative 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 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", "back door" or "trap door" 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, programmes, equipment or communications, or otherwise interfere with operations;
Illegal Content content in violation of any law;
Location the Loop Creative Data Centres situated in South Africa;
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 means an entity such as Loop Creative who has been accredited by the Administrator to perform Domain Name related transactions in the .co.za Domain name space;
Registrant means 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.
2. Undertakings and acknowledgements
2.1. We agree to use all reasonable steps to provide the Services to you on a continual basis, for the duration of the Agreement.
2.2. 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.
2.3 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).

3. Hosting terms
General
3.1. Loop Creative abides by and upholds the ISPA Code of Conduct.
3.2. We provide server hosting, together with web services and email facilities for web sites controlled by individuals or companies that do not have their own web servers.
Content
3.3. We have no interest in Customer content hosted on your behalf by Loop Creative on a Server or a shared hosting package. We also do not in any way contribute to or approve the content uploaded or add by you.
3.4. 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 the General Terms will apply specifically to any loss, destruction, or corruption of your data, irrespective of the cause, including our negligence and any system error or failure, whether foreseen or unforeseen.
Managed Shared Hosting (Web Hosting)
3.5. 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 3.7 below, that may result from the use of the software). You use the software at your own risk.
3.6. Where appropriate, we will maintain the software on our managed Servers.
3.7. You are solely responsible for all bandwidth and traffic related to your hosting package. 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 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 entitled to give you further information on traffic usage unless requested through the Loop ClientCare portal.
3.8. We are not responsible for any licensing of any software you use.
Managed Dedicated Hosting
3.9. We will make a Server available to you for your own exclusive use. The Server will at all times remain Loop Creative’s property. We will setup and manage the Server at the Location on your behalf.
3.10. All Server log files remain Loop Creative’s property. If you ask us to give you a server log file, we will give you a copy of the relevant log file.
3.11. You must not remove the Server from a Location.
3.12. We will manage the Server, including the hardware, software, and upgrades at our sole discretion.
3.13. Clause 3.7 will also apply to these Services.
3.14. If the Server becomes the target or source of any form of denial of service attack and Loop Creative believes that there is no other possible solution at that point in time, we may disconnect the Server from the network.
3.15. Loop Creative will not be responsible for your use of any software that you may install (and any vulnerabilities including traffic generated as per clause 3.7 that may result from the use of the software). You therefore use the software at your own risk.
3.16. We are not responsible for any licensing of any software you use.
Managed Hosting (Shared and Dedicated), Service Availability, Service Level Guarantee and Network Uptime Guarantee
3.17. We guarantee that our network will be available 99% of the time in any given month, excluding scheduled maintenance. This means that you should not experience network downtime of more than 438 minutes in any month counted from the first day of every month.
3.18. Network uptime includes functioning of all network infrastructure, including routers, switches, firewall, and cabling.
3.19. 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.
3.20. If network uptime is less than 99% (in other words downtime exceeds 438 minutes in a given month), 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).
3.21. 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.
These exclusions will not apply where the problems arise from Loop Creative’s Server links to the Internet or our routers.
3.25. If you wish to exercise your right to a credit refund, you must request it by sending an email to us at accounts@loopcreative.co.za. The email must include the domain or Server name associated with your hosting service in the "subject" line. Each request must include 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. Despite anything to the contrary, the total amount we credit to you in a particular month will not exceed the total hosting fee you must pay for the month in question.

4. Email terms
4.1. We will provide the following email related Services for Customers selecting shared or managed dedicated hosting only:
  • Filtering of unsolicited commercial email (SPAM): This is done on a best effort basis, without any guarantees, using appropriate technologies.
  • Virus filtering: This is done on a best effort basis without any guarantees, using appropriate technologies.
  • 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.
4.2. We will take appropriate and reasonable measures to make your email environment secure and reliable.
4.3. 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.

5. Domain Name Terms
Domain Registration
5.1. The Administrator runs the registry system used to process co.za Domain Name related transactions initiated by Domain Name Registrars, such as Loop Creative, which include domain registrations, domain updates, domain renewals, domain deletions, domain queries and domain transfers.
5.2. All Domain Names that we register on your behalf within the .co.za domain name space are subject to the Administrator Policies, which may be amended from time to time.
5.3. We act on your instructions to the extent that those instructions are possible and lawful. Domain Name Administrators have the right to cancel, transfer or suspend a Domain Name registration in certain circumstances. For example where it would put the Administrator in conflict with any law or upon receipt of a court order or ruling of an arbitrator.
5.4. We also use the Services of an international registrar to register generic Top Level Domains (gTLDs such as .com and .org) as well as Top Level Domains in non-South African country codes (ccTLDs such as .uk and .eu). This registration is subject to the terms of the relevant registrar www.opensrs.com. Registration, maintenance, or transfer of a Domain Name is subject to the terms of the relevant registry governing the Domain Name. We cannot guarantee the registration of any Domain Name selected by you.
5.5. The following principles apply with regard to Domain Name registrations:
  • Domains Names are made available on a “first come, first served” basis. We therefore do not guarantee that the Domain Name requested by you is available for registration.
  • We do not permit “cybersquatting” (also known as “domain squatting”): registering a Domain Name in bad faith with the intention of profiting from the goodwill of a trademark belonging to someone else.
  • Registering a Domain Name is like getting a licence. As long as the Domain Name is current, you can continue to use it. Domain Names are not regarded as property and cannot be “owned” by anyone. However, the domain name will be registered in the name of the “Registrant”.
  • It is important to ensure that the correct person or entity is reflected as the Registrant as Loop Creative will only act on the instructions of the Profile Owner or anyone authorised to act on the Loop Creative profile. In certain instances the Registrant might not be the Profile Owner.
  • You as Registrant or your agent will retain control of your Domain Name. We will maintain the Domain Name for you as part of the Service.
  • We will insert our details as the billing and technical contact of the Domain Name, unless you register the Domain Name yourself or manage the Domain Name record directly with the applicable Registry.
  • Any Internet Protocol (IP) address that we allocate to you will remain our sole property. We give you a non-exclusive, non-transferable licence to use the IP address for the duration of our agreement with you.
  • All new co.za registrations are allowed a grace period of seven consecutive days immediately following the registration of the Domain Name, during which you can cancel your Domain Name registration with minimal cost implications.
  • Domain Names are registered for one year. Our systems have been programmed to automatically renew your Domain Name unless you expressly tell us not to do so, in which case it will lapse. We will try to send you a reminder. It sometimes happens that reminders are not received due to events beyond our control and we will not be liable. You will be liable for the renewal fee, with or without notification of renewal.
5.6. If you cancel your Domain Name registration during a grace period, it will be assigned a ‘Pending Release’ status and will not become available for release until the seven day grace period expires. You will be charged a grace period administration Fee of R5 (excluding VAT). Once the grace period has expired, the Domain Name will be released and removed from the Registry database, making it available for anyone else to register. You will receive a refund of the registration fee minus the grace period fee. You will not be able to transfer the Domain Name to another Registrar during the grace period. A Domain Name that is reinstated during the grace period will result in the Domain Name continuing as before with no refunds being processed.
5.7. You must provide us with all the information that we request from you. We will not be held responsible if you give us incomplete or inaccurate information that will lead to a delay in the registration process, subsequently resulting in the Domain Name being registered by someone else.
5.8. The following fees will be incurred by you:
  • the annual Administrator Fee for the Domain Name;
  • our Service fee for applying for, and where applicable, maintaining the registration of a Domain Name on your behalf; and
  • all reasonable expenses or charges relating to the registration, transfer, or renewal of the Domain Name.
These service fees are non-refundable.
5.9. You warrant that:
  • you are entitled to register and use the Domain Name; or
  • you have the consent of the Registrant to use the Domain Name if you are not the owner; or
  • you are not prohibited by law or otherwise from registering the Domain Name; and
  • in using the Domain Name, you have not violated any Intellectual Property Rights of any person who may lawfully claim title to the Domain Name or to any word or name forming an essential part of the Domain Name.
5.10. You indemnify us against any loss or damage that we may suffer arising from your registration or use of the Domain Name.
Changes to .co.za Domain Name and Domain Name Information
5.11. It is not possible for us or the Administrator to amend the actual Domain Name itself. If there has been an error in the spelling of a Domain Name it will need to be cancelled and a new registration created. Unless you request the change within the seven day grace period mentioned in clause 5.5 and 5.6, you will be required to pay a fee to the Registrar.
5.12. If the Registrant has a Loop Creative profile, the Registrant can make the changes.
5.13. If the Registrant has appointed an agent with a Loop Creative profile to administer the Domain Name, the Domain Name will be linked to that agent’s profile and the agent will be able to make the changes.
5.14. Loop Creative will only act on the instructions of the Profile Owner or anyone authorised to act on the profile.
5.15. Where a change takes place, the Domain Name status will change to “pending update” and the pending update period of five consecutive days will commence. This five day period has been instituted by the Administrator and cannot be modified by Loop Creative. On expiry of the pending update period, the Domain Name information will automatically be updated.
5.16. The Registrant can ask Loop Creative to create a profile and transfer control of the Domain Name to the Registrant’s profile at any time, provided any requirements laid down by Loop Creative are met.
Disputes
5.17. In the event of a dispute around a Domain Name between the Registrant and someone else regarding control of the Domain Name or Loop Creative profile to which the Domain Name is linked, we will prevent either party from accessing or performing domain updates until such time as the dispute has been resolved or we receive written instructions to change the name of the Registrant from:
  • the liquidator of an incorporated or unincorporated business, where the business has been wound up, whether provisionally or finally, whether compulsory or voluntary;
  • a written and valid resolution of the members, shareholders or trustees of a close corporation, company or trust authorising the transfer of the Domain Name to the new Registrant;
  • a written consent signed by all the partners in a partnership where a partner requests that the Domain Name be transferred to the partner;
  • a letter from the executor where the Registrant of the Domain Name has died requesting that the Domain Name be transferred to a named entity;
  • an order of Court in relation to any of the above; or
  • an order of an Arbitration Tribunal of competent jurisdiction requiring action in any administrative proceeding, conducted under the Uniform Dispute Resolution Policy adopted by ICANN, Alternate Dispute Resolution Regulations in South Africa or any similar proceedings in another ccTLD or gTLD to which you are a party.
5.19. In certain circumstances, the Domain Name might be “locked”. A “locked” Domain Name can only be transferred by the Administrator. The ability to lock a Domain Name is generally intended for situations where a court, or other recognised authority such as an accredited Domain Name dispute resolution provider, intends presiding over a dispute concerning the Domain Name and has informed the Administrator. The Domain Name will be "frozen" until a hearing or adjudication on the matter has been finalised. Only the Administrator is able to lock and unlock a Domain Name.
Domain Name Cancellations
5.20. A Domain Name can be cancelled at any time other than during a grace period.
5.21. Initiating a Domain Name cancellation request will result in the Domain Name being suspended and ultimately deleted from the Registry.
5.22. Once initiated, a period of five consecutive days must run (the “pending suspension” period) whereafter the status of the Domain Name will automatically change to the “pending deletion” period which will run for another five consecutive days. At the end of the pending deletion period the Domain Name will automatically be deleted and revert back into the pool of available Domain Names. Domain Names that have been deleted from the Registry database cannot be reinstated.
5.23. The Pending Suspension and Pending Deletion periods are a fixed system parameter instituted by the Administrator and cannot be modified by us.
Domain Name Renewals
5.24. We will give you a renewal reminder by email within 66 days prior to the renewal date of your Domain Name.
5.25. If you do not want to renew the Domain Name, you must give notice by email to - admin@loopcreative.co.za This notice must be given at least 33 Business Days prior to the domain name renewal date.
5.26. If you do not give the required notice (by emailing us directly) we will automatically renew the Domain Name and a renewal fee will be added to your next invoice.
Payment Default of the Domain Services
5.27. If you fail to pay us any cost or charge relating to the registration, renewal, update, change, or administration of any Domain Name, we may:
  • exercise a lien (right to withhold) over the Domain Name until the relevant cost or charge has been paid;
  • obtain or allow the suspension, termination, or deletion of the Domain Name; or
  • transfer the Domain Name to another Registrant.
Termination of the Domain Services
5.28. If the Domain Service is terminated for any reason, we may, without incurring any liability, notify the relevant Registrar or Registry of the termination and instruct the Registrar or Registry to remove us or any of our systems as the host of the Domain Name even if no replacement is available.
5.32. If the Domain Service is terminated for any reason, we may, without incurring any liability, notify the relevant Registrar or Registry of the termination and instruct the Registrar or Registry to remove us or any of our systems as the host of the Domain Name even if no replacement is available.
5.33. If any of the Registrars or Registries amend, suspend or terminate its provision of a Domain Service or any other aspect of its services upon which we depend for the provision of the Domain Service to you, we will try to ensure the continuance of the Domain Service. If we are unable to ensure the continuance under any circumstances, we will not be liable to you or any other third party for any loss or damages (as contemplated in our Hosting Terms) you or any third party may suffer arising from, or in any way relating to, the termination of the Domain Services.

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