Terms of Service

Terms and Conditions of Service

The use of services from SmartServers constitutes agreement to these terms

In this document: SmartServers refers to Smart Servers Pty Ltd, it’s members, employees, suppliers, associates, additional domain names used for business, subsidiaries, sister companies and other business operations

Support

We will endeavour to provide a continuous high quality service. If you experience problems with your service, you should consult our support team on support@smartservers.co.za or by using the support centre http://smartservers.co.za/contact-us/.

Service abuse and spam policy

We reserve the right to terminate your hosting account if it is found that the resources made available to you are being abused..

This includes, but is not limited to the following:


• Spamming

• Sending unsolicited mail.

• Providing file storage services.

• Providing email services via your website be it newsletter sending or services like gmail.com and hotmail.com.

• Scripting that utilises more than 20% of a server or node’s memory, storage, processing resource, I/O at any one time.

• Hosted services that cause the general performance of our servers or nodes to degrade.

• Offensive conduct / content.

• Illegal or other unacceptable content

Smart Servers Hosting does not condone spam being sent from our servers – if it is found that a site is sending out spam emails regardless of how it is done (scripts, SMTP, contact form header injection etc) SmartServers will suspend the customer’s account until assured it will not continue. We may request that you get your own IP address for outgoing mail, at your own cost, if you or your account spams. This measure is in place to protect the integrity of our shared IPs and the mail of our other customers on the machines. Repeat offenders will be irreversibly terminated

Should you infringe this policy, you will be held liable for any costs incurred by SmartServers.

Correspondence

All communication from SmartServers will be done via email/Skype/whatsapp/ phone . When we send an email, it is deemed that delivery of the said email has reached the recipient.

If in the the event that your email address on file does not work, you may use our support system at http://smartservers.co.za/contact-us/.

Where you can use your billing username and password to gain access to technical support.

Requests for new orders or services for existing clients can be done over email to our email support team. You may be required to validate yourself as the account holder before the request is actioned. Only email from the valid billing email address will be taken as a valid request and actioned.

Reselling of Services

Customers may resell all of our services.Customers are directly responsible for all services they/we provide to their clients. SmartServers will not support your end users directly. We are not liable to them or you for any damages they or you may suffer.

Contract Period

You may cancel your account with us at anytime: Dedicated servers and VPS’ services will require a cancellation notification period of 30 days. You will be billed for those additional 30 days. Customers will not be entitled to a refund of any prepaid amounts: Therefore if you cancel midway into your prepaid period, you will not be entitle to a refund for the unused portion that you paid / signed up for. Service termination will happen at the end of your billing term unless otherwise stated: provided all amounts owed to us are paid. If there is still an outstanding amount, the account will continue to be billed until the account is settled and the cancellation request is resent and accepted by SmartServers.

High resource use policy

Resources are defined as bandwidth, processor utilization, memory, disk space, bandwidth and IO

SmartServers may implement the following policy to its sole discretion:

When an account is found to be adversely affecting the performance of a server, SmartServers reserves the right to suspend or throttle that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers and to ensure that other users on the same server get a fair share of the hosting resources. Customers may be offered an option whereby SmartServers continues hosting the website for an additional fee.

Payment policies

All accounts are set up on a prepay basis. Although SmartServers reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment: every 1, 3, 6, 12 or 24 months depending on the hosting plan you choose.

All payments are in South African Rands. Any PayPal payments will be converted to Rands using the governing exchange rate on the day of receipt.

Payment must be made no later than 7 days from date of invoice.

Customers are required to have a credit card or debit order details on the billing account at all times. This will be used for payment towards your services with us.

Customers will automatically be charged again at the end of their prepay period unless a closure / cancellation notification has already been sent to us via email which must be confirmed and acceptance via a return email from us.

If a customer’s payment method is set to EFT, and should their account go unpaid. We will process the debit order or credit card details on your account.

If you pay by credit card or debit order it will be charged automatically on, or, shortly after the 1st or 15th of the month. Depending on your chosen processing date as selected in the online billing portal. The default is the 1st working day of the month.

In situations where the card number or debit order details on file are declined; it is the responsibility of the client to make payment via other means as we will only process the card again the following month. Services will then be at risk of being suspended / terminated.

It is the clients responsibility to keep their account up-to-date, and to pay all invoices within the stipulated payment period. It is also your responsibility to keep yourself informed of the amounts owing.

The customer is responsible for all money owed on the account from the time it was established to the time the customer sends an accepted written cancellation request (refer to “Contract Period” above).

There will be an administration fee of R49 on all unpaid debit orders and credit card transactions. (Insufficient funds/invalid account number etc)

Cash Deposits at the bank will attract a service fee of R40 charged to the client – billed after the cash is deposited.

Suspension and removal of account(s) due to non-payment:

A service will be suspended if the invoice pertaining to the service is not paid within 7 days of the invoice being issued.

No re-establishment (unsuspension) fee for Shared and VPS hosting.As of June 2017 will be charging R450-00 for Dedicated Servers re-connection.

Additionally, a fee equivalent to the hosting accounts monthly billing amount will be will be charged to have your account(s) restored from backup if they have been removed from the server already. This fee is per account restored and is dependent on the availability of the accounts backups. We may ask the client to provide a cpanel backup of the account for us to restore, if no backup is available.

A service will be cancelled and all relevant hosted data removed if the invoice pertaining to the service is not paid within 45 days of it being issued. This means that all the accounts data will be removed from our servers as well.

If one of your services with us is currently suspended because of non payment, and you have corrected this by making full payment to your account (full payment is when you bring the account balance to zero or you’re in credit with us). Then you will need to email billing@smartservers.co.za in order to have the account unsuspended

If there is an amount owing on your account (unpaid invoices) for longer than 60 days, the account will be deemed inactive and the entire account and all services related to it will be removed from our systems. Data, hosting accounts, domains etc.

Invoices, paypal and wire transfers, put invoice number as reference when making Eft payements:

No bills or invoices will be sent by regular mail. All invoices will be sent directly to customers via email

New orders will need to be paid for before they are setup, you may pay the relevant invoice via EFT (using the banking details on your invoice) or via our online credit card gateway; accessible via the online billing system.

Payments made either via Paypal or a wire transfer will be subjected to additional fees such as, conversion fees (from currencies other than Dollars (paypal)) or bank fees (wire transfers). These additional costs will be for the clients account.

When making payments via EFT / Bank Transfer please ensure that your reference is either an invoice number, or an active domain name on your billing account. Payments may not be allocated to your account, and hence services will be suspended or terminated. The onus is on the client, to correctly place your reference on your payment, and to check that the payment does indeed reflect on your account with us (allowing 2-4 days for any delays in the banking system and our account capturing the payment). Any payment that does not reflect should be followed up with the accounts department immediately via email to rectify the placement of the payment.

Suspension and removal of account(s) due to non-payment:

The client is welcome to register domains by themselves and have them hosted with us

If a domain is under our administration: we will issue an invoice for the registration and renewal of the domain. In the case of co.za domains, we invoice you for the domain, you are to pay us directly for this registration or renewal.

All domains registered by us are registered on behalf of the client and will be the property of the client provided their account is in good standing. We reserve the right to 1) refuse the transferal of a domain or 2) delete the domain from the registrar should your account be in arrears and be deleted from our system.

An indication of a domain name being available during the order process is no guarantee that it will be secured for the client. As there is no guarantee that the domain checking script is accurate due to variations in DNS records, or the domain name may be registered by another party between the time of checking and our request going through to the registrar.

We will not vote for a transfer/update of a domain name (co.za in particular), this needs to be done by the registrant’s email 2l. registrantemail

Domain names that are not renewed due to it’s corresponding renewal invoices not being paid by the renewal date, will fall into a redemption period. If the domain is then renewed, while in the redemption period, the following fees will apply. Co.za domains will be redeemed at R319. All other domains will be redeemed at R1599. The redemption fee includes the following year’s registration fee. Please take note: Domains may not be renewed on the day of it’s invoice being paid – this is due to capturing/admin delays, therefore we send out renewal invoices/reminders 14 days to 2 months before the domain expires or goes into a redemption period. this allows enough time to get the domain renewed.Please ensure that you make payment for a domain renewal 7 days before the domain is set to expire or go into redemption. Failing this; your domain may go into redemption. Which will incur additional fees to redeem. Additionally the domain may be deleted and available for others to register.

Accounts on servers- Housekeeping

If an account is setup on a server, and the domain’s www A or MX record is not pointing to the server – we reserve the right to remove the account from the server.

Payment options

SmartServers currently runs the following payment methods


Credit/Debit Cards MasterCard, Visa, Visa electron, Switch/Maestro.

EFT/Bank Transfers.

Debit Order: South African banks only

PayPal (Please contact accounts department)

Bitcoin

By submitting payment details to us (Credit card numbers / Debit order details) you warrant and confirm that you are duly authorised to use the supplied payment details.

Money back – trial period

For customers opening their first account the initial 30 days are available on a money-back trial basis. For special promotions offered at discounted prices the trial period is limited to the initial 7 days.

Customers will not be entitled to this benefit if they have previously had an account with smartServers unless the period of absence has been greater than one year.

Customers will only be refunded for shared hosting fees. No other fees or payments will be refunded.

If we’ve included a domain name registration in the hosting plan for free, any refunds will be calculated as follows; hosting plan fee paid, less the normal domain name registration cost (what it would of cost you if you had registered it through us separately).

Cancellation and refunds

SmartServers reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership. If a customer contravenes SmartServers’ terms of service a refund will not be issued in the event of a cancellation.

Any abuse of our staff in any format or medium will result in the suspension or termination of your services.

All account cancellations are processed within 24 hours from the cancellation request. We do not schedule cancellations so please ensure that requests are sent on the day of intended termination.Once an account is cancelled or removed due to nonpayment, all data pertaining to the account will be removed from our servers.During the initial trial period customers who wish to cancel will be entitled to a full refund for their hosting fees only, but will not be entitled to a refund for any additional services purchased. Any incentives offered to customers when opening the account will also be cancelled. Customers may be given the option to purchase services which were offered as start-up incentives in the result of a cancellation.Fees charged on a prepay basis are non-refundable. Once the initial trial period has expired customers are not entitled to receive a refund. In addition some accounts incur set-up fees, these charges are also non-refundable

Privacy Policy

We will not share your private ( personally-identifiable ) information with any third party unless required to do so by a member of law enforcement authorities, or to protect others.We may need to give out your hosting login details to our 3rd level engineers at the respective data centers in order to support you further. Information send via email will be used to support you for billing and hosting support requests by the respective engineers

Customer checks, Credit Bureau

We may check your credit history on the credit bureau by using services like Transunion or Experian. The information obtained will be used to confirm your payment history, contact details and to see if your account is within the risk profile we are willing to accommodate / service.

We may refuse service to customers whom we feel are at risk of not paying their account on time and in full.

Arbitration

If any issue needs to go to arbitration or legal assistance – this must be done within the city of SmartServers choice. Arbitration may only be done on an individual bases.

Indemnification

SmartServers reserves the right to refuse service and/or access to its servers to anyone. SmartServers reserves the right to move your domain to a different web server without previous notice. We will however make every effort to keep your sites uptime at 100% during this process.

SmartServers does not allow any of the following content to be stored on its servers:


•Malware

•Outdated scripts that have security holes

•Explicit Adult material – includes all pornography, erotic images, or otherwise lewd or obscene content

•Excessive download content or non-linked content.

•Backups

•Spam, Phishing and any such illegal activities

•Illegal content – according to South African or USA Federal, State or City law

•Copyright media which you do not own the copyright to

•Account usage for backup purposes

•Sites with banners, graphics or cgi’s running from their domain being used on other domains.

•Sites with immense graphic archives or galleries.

•Sites offering immense download archives, such as .zip, .tar, .rar, .GZ and so on.

•Sites running large chat room gatherings.

•IRC Scripts and Bots of any kind unless it was explicitly permitted by management

•Proxy scripts/anonymizers