TCs — Customer Rights


In accepting you as our customer, we afford you the following rights:

  1. We will not violate your privacy, either by disclosing your private information stored on our server(s), or by divulging that information to any third parties, so far as it is within our power to prevent such disclosure or divulgement. We will only access your private data in an automated fashion, that is, only programs written by us which do not report directly to us about your personal details, will access your personal details. No person, whether a staff member or employee of any kind of ProfessionalHosting will at any time deliberately attempt to gain access to your private details without your permission. We do not, however, guarantee that our servers are impossible to break into, and therefore we cannot guarantee that your data will not be accessed by third parties. We do promise, however, to do our utmost best to prevent this from happening. We do guarantee that our systems are inspected daily for attempted security breaches, and that every security breach attempt is prosecuted to the fullest reasonable extent. We also guarantee that we have taken every possible precaution in setting up our systems so as to prevent security breaches. We do not accept responsibility for security breaches which are a direct result of you, the customer, having a weak password, sharing your private information or password with someone else, or otherwise violating our terms and conditions.
  2. Your private details will be accessed for purposes of extracting payment in the case where you fail to pay on time, but only details required in order to extract payment will be accessed.
  3. You have the right to terminate your agreement with us with immediate effect, and if need be transfer your domain or website away from us. We do not charge for this service, and will will not levy any fees for either cancelling your domain or making your website data available to your new hosting company. Furthermore, we do not require a month’s notice: you may cancel at any time that it suits you. We will, however, decline to transfer your domain or your data until all outstanding amounts have been paid.
  4. In the event of cancellation, you will be charged a pro-rata fee for the month of cancellation based on the date you joined our company. For example, if you joined our company on the 15th and leave on the 16th, we will only charge you one day’s hosting for the final month. We will, however, decline to transfer your domain or your data until all outstanding amounts have been paid.
  5. You have the right to communicate with us and you have the right to receive a written or telephonic answer within 24 hours, unless you are a Free Monthly Hosting customer.
  6. You have the right to have your data backed up daily and we will ensure that this task is dutifully performed.
  7. You do not have the right to expect that we can recover any backed up data, nor do we offer any such guarantee in any way, as there are many factors which control backup reliability. In particular, since the backups are daily, you only have a one-day (24 hour) timeframe in which to alert us to missing data.
  8. Free Monthly Hosting customers have no rights to any service of any kind at all except that their site(s) will be kept online for the entire duration of their contract with us. If you fail to pay your annual domain name renewal fee your site will be suspended. We will charge you for excess traffic and for excess disk usage.
  9. Basic Hosting and Business Hosting customers have the right to limited backup storage space on our servers, limited as per our product description on our products page.
  10. Basic Hosting and Business Hosting customers have the right to use email on our servers, limited as per our product description on our products page. If you fail to pay your annual domain name renewal fee your email access will be suspended. Your email will continue to be received, however.
  11. Business Hosting customers have the right to expect us to answer all telephone calls as quickly as possible and, where we are unable to answer a call, to return any calls where possible or where an intelligible voicemail has been left for our attention.
  12. Basic Hosting and Business Hosting customers have the right to calendar usage on our servers, limited as per our product description on our products page. We charge for this service. If your account is overdue, you have no further rights to service and your calendar access will be suspended.
  13. Basic Hosting and Business Hosting customers have the right to SMS a query to us and receive an SMS in response, provided that the SMS is business-related and directly relevant to your account. No more than two SMS messages will be sent in response as it is less cost-effective than a phone call.
  14. Basic Hosting and Business Hosting customers have the right to service only during office hours (8am-5pm, Monday-Friday, except Public Holidays), and only if their accounts are not in arrears.
  15. Basic Hosting and Business Hosting customers have the right to expect that we will do our utmost best to eradicate unwanted unsolicited commercial email messages and prevent them from reaching our customers. We do not, however, guarantee that we will have perfect success in doing so. We guarantee that you will receive no more than 1% of the junk email destined for you, and we guarantee that 99% of the junk email destined for you will be discarded before it reaches you. If you reach a level where you are receiving five junk messages (or more) per day, you have the right to ask us to investigate and we will report back to you on the problem within 24 hours, provided that you forward us the full email and the full email headers of every junk message that you have received, so that we can institute filters and blockages on those messages.
  16. Basic Hosting and Business Hosting customers have the right to enquire about emails which may have been accidentally deleted by the junk email filtering systems. These customers will be given an answer as to the fate of any particular email message within 24 hours. This answer will be given via email only.
  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. 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.
  20. Basic Hosting customers have the right to email us for assistance only and only if their accounts are not overdue.
  21. Business Hosting customers have the right to email us for assistance or telephone us only. Business Hosting customers are entitled to one free site call out per month. This will entail a technician arriving at your site within two hours of having been requested. If the technician(s) are unavailable due to being at other customers’ sites, we will inform you of this and give you an emailed response stating at approximately what time you should expect the technician to be able to come through to your site. The technician will assist you for one hour. If you require further assistance than that, you will be charged an hourly rate as per our rates and pricing information on our website. We cannot give technical support outside of the central Johannesburg area as it is not cost-effective (no further North than Midrand, no further South than Alberton, no further East than Benoni, no further West than Roodepoort.). If you are a business hosting customer in these further areas, you may instead appeal to us for extra free features to compensate, e.g., more space or more mailing lists, or you can consider upgrading to a monthly retainer contract.
  22. If we are hosting your domain and it comes up for renewal, we will invoice you for the annual renewal fee. This invoice will constitute asking you whether you wish to continue service with us. If you are not able to pay the annual domain renewal fee, and/or you do not wish to renew your contract with us, you are obliged to notify us of this. If you do not respond to this annual renewal fee within five (5) working days from the date of the invoice or statement, or if you pay it, we will construe this as you having assented to renewing your contract with us.
  23. If we are hosting your website, and/or email, and/or database, and/or domain name, and/or you ask us to perform some task pertaining to the aforegoing, we will send you a monthly bill for the amount due, calculated appropriately. If you wish to dispute this bill or cancel your contract with us, you should notify us within five (5) working days from the date of the invoice or statement. Failure to do so, or, payment of the bill, will be construed as agreement or assent to the bill, and therefore that you wish to continue hosting with us, and that you agree that we have calculated the charges appropriately.
  24. If you request work from us, in particular, changes to your website, installation of customised or unusual software which is not already installed on our server(s), or physical labour involving us coming out to your site, we will not necessarily be able to quote in advance as to how long the work will take. You will have to either accept the bill or invoice that we send to you, and trust that our calculation of the number of hours that the work took is accurate, or, you may dispute the bill. If you wish to dispute the bill, and we cannot describe how many hours it took on what particular dates, then you have the right to cancel that request for work and not pay for it. However, in the event that you cancel a request for work, the work will be reversed by us. If, however, you are satisfied that the work has been done correctly, you will be under obligation to pay for the work at the hourly rate and number of hours invoiced by us. If you pay this amount invoiced, or, if you do not object to the bill within five (5) working days from the date of the invoice or statement, your inaction will be construed as acceptance and agreement with the invoice.
  25. You as our customer are granted these rights only insofar as you adhere to our terms and conditions. If you violate our terms and conditions, including failure to pay your account, we will be obliged to begin the process of terminating your contract with us.