TCs — Service

In using any of our services or products, the following terms and conditions apply:

  1. We require at least a 50% up-front payment on all products before we will being construction, development, or place an order with suppliers. All products remain the property of ProfessionalHosting until fully paid for.
  2. We require the annual domain registration fee to be paid in full up-front before we will proceed with developing your website or hosting your domain.
  3. If you use excess data, bandwidth or disk space, that is chargeable regardless of your hosting package provisions.
  4. If you make an error in the spelling of your domain name, and we have already registered your domain name with the spelling error, you will be liable to pay for re-registration of the domain name with the spelling error corrected, at our usual price.
  5. It will be up to us to decide whether we have completed your website within reason. This will be subject to negotiation with yourselves. Any changes after completion will be chargeable.
  6. If you approach us for hosting at a time other than the end of our financial month-end, we will apply a pro-rata fee for the first month of hosting.
  7. If you agree to allow us to develop your website, we will waiver the pro-rata fee for the first month or part thereof for hosting.
  8. We require payment on the day that you are sent the invoice via email. We allow for one day for bank transfer delays. If we receive payment later than a week from the date of invoice we reserve the right to suspend our services. If you fail to meet your financial commitments for three months, your account will be suspended until payment is received.
  9. We charge a per-hour basis for website or web application development.
  10. If we develop code for your website, the code belongs to us and we may deploy it on other websites, even competing websites, at our discretion, so as to save ourselves the labour of having to re-create the same code from scratch. In accepting our website design, you also accept that we may use the same code on other sites. If you are not comfortable with this condition, our prices will have to increase to make up for future lost time and potential revenue.
  11. We retain the rights to all code written, including but not limited to web applications and application server user interfaces, as well as shell scripts, perl scripts, PHP scripts, Java scripts, and any and all other code we write in producing your required application.
  12. All applications, code and websites we produce are produced on the basis of a hire agreement, that is to say, you are hiring the right to use the code that we create, for a fixed period (the term of your contract with us), and that after that period, or if you cancel your contract with us, you no longer have the right to use that code that we have created for your usage.
  13. If you are dissatisfied with our service at any stage and wish to relocate your website or application to another service provider, you may take your website back-end code only after negotiations with us, as we retain the rights to the back-end code.
  14. You retain the rights to the textual content and image content of your site unless we produced that content or those images and as long as your account is not overdue.
  15. You may not transmit, store, produce, advertise, sell, or promulgate or disseminate in any way using our services, any data which could be construed as, or which is, pornographic, illegal in the Republic of South Africa, or which discriminates on the grounds of sexual orientation, gender, life choice, race, creed, or any other reason whatsoever.
  16. If you are in breach of our terms of service at any time we are within our legal rights to suspend your account pending investigation of your activities and negotiation with you. If you are found to have done something illegal, your account will be removed and your data, email and website deleted, and our contract with you cancelled. If need be, your activities and all electronic evidence thereof will be handed to the proper authorities for legal prosecution.
  17. If your account is overdue, you have no further rights to service and all services will be suspended immediately when your account is three months overdue.
  18. If your account is overdue and you wish to cancel your contract with us, or transfer your hosting away from us, or retrieve your data from us, or access your data on our servers in any way, we reserve the right to decline to grant you such access, or transfer your data to you, or hand your data over to your new hosting provider, until such time as your outstanding fees on your account have been paid.
  19. You may not under any circumstances give your password to anyone other than our authorised staff and only for diagnostic purposes, and only as a last resort, and you must make a written note of the occasion under which you did so, and you must change your password after doing so.
  20. You may not attempt to access resources not belonging to you or to which you have no access rights. This includes attempts to access other users’ data, email, or website backends. You may not attempt to initiate commandline access to the server(s) without our explicit written permission. You may not attempt to hack, penetrate, or otherwise illegally access any digital resource to which you have not been explicitly granted access.
  21. You may not send email to mailing lists of which you are not a member.
  22. You may not store or use our systems in any way for retaining or keeping illegal or fraudulent financial or personal information of any person or entity whatsoever other than yourself, including private material such as passwords, user login names, credit card numbers, ID numbers, passport numbers, social security numbers, or any other financial or access-related private information.
  23. You may not use our systems for any other illegal purpose, including but not limited to attempts at hacking other systems, port-scanning other systems, or causing other systems or our own systems to malfunction in any way.
  24. Your domain will initially be registered as owned by ProfessionalHosting. This is in case you want to cancel with us. This way, we can accept the transfer ticket on your behalf and expedite the process, rather than waste your time. Normally, when you request that a domain or website be transferred away from us, you would have to accept the transfer ticket yourself. Since many people find technical computer matters complicated, this will delay the process. This is the only reason for this practice. If you do not approve of this and wish to handle transfer tickets yourself, you are welcome to inform us of this preference and we will make the necessary change. We will never decline a transfer or cancellation request, even if you owe us money.