GP Hosting Solutions

Terms and Conditions

 

Hosting services

GP Hosting does provide SMTP mail services by default with shared hosting packages. However any abuse will result in your service responsible for the abuse being dealt with accordingly.

GP Hosting reserves the right to suggest suitable alternatives to the client and / or charge for excessive traffic as it deems necessary, at its sole discretion.

Bandwidth Usage Allocations (and unlimited web traffic on Shared Hosting) are based on calculated normal usage as intended for the specific product. The following activities (and resultant excessive bandwidth usage) are prohibited and GP Hosting reserves the right, at its sole discretion, to summarily suspend services as provided by the Acceptable Usage Policy:

GP Hosting reserves the right to suggest suitable alternatives to the client for excessive Web Server Processor usage as it deems necessary, at its sole discretion.

GP Hosting reserves the right to move a website between web servers and internet backbones as it deems necessary. If a client moves in excess of their monthly web traffic allocation, then the client will be contacted and various options will be presented.

GP Hosting reserves the right (but does not assume any obligation) to inspect the contents of data that the client transmits, receives or stores on an GP Hosting Server to ensure compliance with this Agreement or any applicable laws regulations or codes of practice.

Limitation on mail size

Individual mail sent to the client's POP3/IMAP box or forwarded to the client's existing email address may be limited to 5120kB in size each.

Limitation on Web Hosting Services

GP Hosting does not allow the following file formats hosted under the clients account or reseller's clients account:

Any video or audio streaming should be hosted at Youtube, SoundCloud or any other 3rd party provider that allows embedding.

Domain Registration

GP Hosting registers domains on the Internet through the relevant governing bodies and hosts websites and related material on the GP Hosting server(s) on behalf of clients. These terms and conditions apply to the use and registration of domain names and the web hosting services offered by GP Hosting.

Domain registration may be discounted or offered free of charge with Hosting products, depending on the nature and type of TLD (Top Level Domain). This offer is based on the assumption that the domain (and site content) will be hosted with GP Hosting for a reasonable period. We reserve the right to, at our discretion, charge a parking fee where a minimum period (3 months) has not been observed on the Hosting product before downgrading to a Parking product. The fee will depend on the type of domain and applicable administration fees.

Initial Set-up fees are non-refundable. Domain Name Registration fees constitute a once-off payment subject to certain renewal charges.

Domain Transfer

GP Hosting will transfer existing (registered) domains from existing hosting providers to GP Hosting's DNS and web servers. Upon requesting the transfer, and accepting the Terms & Conditions, the client explicitly agrees that they have the authority to do so, being the owner of the domain in question, or having been nominated as an agent of the legal owner. The client thereby indemnifies GP Hosting from any disputes regarding ownership of the domain and any claims as a result thereof.

Liability for registration and use of domain names

GP Hosting has not and does not conduct pre-registration searches in respect of the client's use and registration of its selected Domain Name/s and is therefore not obliged to either advise the Domain Name client about possible conflicting third party rights or to take steps to ensure against possible disputes concerning a third party's intellectual property or other rights.

The use or registration of the Domain Name by a client does not interfere with nor infringe the rights of any third party in any jurisdiction with respect to trademark, service mark, tradename, company name, close corporation name, copyright nor any other intellectual property right, and that client has the right to use the Domain Name as requested.

GP Hosting cannot act as an arbiter of disputes arising out of the registration and use of Domain Names. At the same time, clients acknowledge that GP Hosting may be presented with evidence that a Domain Name registered by a client violates the rights of a third party. In such instance GP Hosting shall be allowed to provide a complainant with the client's name and address and all further communication will exclude GP Hosting and GP Hosting will have no further obligations to the client. In such instance the client shall be entitled to continue using the Domain Name registered for the client by GP Hosting until a court or other body with jurisdiction directs otherwise.

Cancellation

A cancellation request in respect of any Web Hosting must be completed via the client area. Only end of billing term cancellations are available for services. Immediate cancellation are only available in exceptional circumstances.

Domains do not have a cancellation procedure. In order to cancel a domain you have to set the "do not renew" to true via your client area. By doing so a renewal invoice for the domain will not be generated and the domain will eventually expire and not billed again.

GP Hosting reserves its rights to change its prices at any time on reasonable notice. GP Hosting reserves the right to stop offering certain web hosting package types if it deems it necessary. GP Hosting will then either provide the web hosting service for the remainder of the time that has been paid for or refund the amount paid for that specific package.

Payment and payment terms

The amounts owing for the initial month will be pro-rated from the date of sign up to the end of the initial month and shall be added to the first invoice which will be due immediately so that your order may be activated. Any service taken with GP Hosting will only be provisioned or provided when payment is made or reflected on your account.

In the case of a service being suspended due to non-payment only once payment for the outstanding invoices are paid will the service be unsuspended.

In the case of an annual or biannual service account being terminated by the client, only end of billing term will apply and no refunds will be paid out.

GP Hosting may record the existence of the client's account with a Credit Bureau.

GP Hosting may record and transmit details of how the client has performed to a Credit Bureau, and how the account is conducted by the client in meeting their obligations on the account.

Backups

Clients are solely responsible for backing up their data and GP Hosting strongly encourages ALL Hosting clients to do so as frequently and completely as possible. GP Hosting will not be liable for any data loss or any other losses or damages related to backups or data recovery without exception.

GP Hosting does not warrant or guarantee the availability, completeness or “up to date” status of backups. Clients are still ultimately responsible for their own data, and GP Hosting strongly encourages such clients to continue to make their own backups as frequently and completely as possible to ensure that they have recourse in the event of any failure.

GP Hosting also cannot guarantee the condition or fitness of any backups provided. Such backups are provided "as is" and are used at the client’s own risk and discretion - whether restored by GP Hosting by instruction from clients or by clients themselves. GP Hosting will not be liable for any losses or damages relating to any incidents arising out of such backups being provided (or not provided) to clients on request.

Use at Clients's risk

GP Hosting will exercise no control whatsoever over the content of the material hosted on, or the information passing through the GP Hosting network and in no way moderates such content.

Clients expressly agree that use of GP Hosting's Server(s) and services are at the client's sole risk.

GP Hosting is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on the GP Hosting web servers, including e-mail, databases and site content.

Upgrades

Definition: A upgrade occurs when changing your current package to a package with a higer cost. Example: Changing from a Windows Basic at R79pm to a Windows Premium Hosting Service at R199pm. This would be considered an upgrade.

Upgrades must done via the client area and will be actioned immediately upon payment of the upgrade invoice generated.

Downgrades

Definition: A downgrade occurs when changing your current package to a package with a lower cost. Example: Changing from a Windows Premium at R199pm to a Windows Basic Hosting Service at R79pm. This would be considered a downgrade

Downgrades must be sent via a support ticket to be actioned at the end of the month.

Termination

Should the client breach of any of the terms and conditions contained herein, including but not specifically limited to the payment terms, GP Hosting has the right (solely at GP Hosting's discretion) to immediately demand payment of the full amount owing and demand compliance forthwith with all the terms and conditions, alternatively to terminate the agreement and services forthwith, in either instance without in any way derogating from any common law, contractual and or delictual rights which GP Hosting may have.

GP Hosting reserves the right to suspend or terminate the service of any client that does not comply with the terms and conditions, Acceptable Use Policy or any other contractual obligations.

Payment and Penalties

GP Hosting only accepts payments via PayFast (Credit Card or Instant EFT) for month to month services, and will only accept alternative payment under specific circumstances and only by prior arrangement at GP Hosting's discretion.

GP Hosting will not accept any liability or responsibility for delays, suspensions or impact to services due to use of non-approved payment methods by clients.

Failed payments or any other irregularity regarding payment which results in non-payment will result in immediate suspension of services (which may not be limited to the particular service in question). GP Hosting retains the right to suspend any services provided in light of non-payment, and to withhold such services until all arrears are settled in full on any and all products and services.

GP Hosting will charge a late fee for non-payment and subsequent reactivation of services, and such fee will be charged at GP Hosting's discretion. Late fees are payable in full before any services can be reactivated, once suspended. GP Hosting may charge multiple late fees where multiple products are affected, and may charge "escalating" penalties for repeated non-payment offences. Any prior leniency shown in this regard will not prejudice GP Hosting's right to enforce such penalties in full at any time (within their discretion).

GP Hosting may also impose a waiting period of up to 72 hours for reactivation of services, at their sole discretion.

Disclaimers, Limitations and Indemnities

GP Hosting will not be liable for any loss or damage, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, delict, or otherwise which may be suffered as a result of or which may be attributable, directly or indirectly, to the use and/or registration of the Client's selected domain names/s OR ANY ACTION TAKEN BY GP HOSTING IN RESPONSE TO THE ABUSE OF THE DOMAIN REGISTRATION SERVICES WHICH IT OFFERS.

The Client hereby indemnifies and holds harmless GP Hosting against any loss whatsoever arising from any dispute or claim or other action occasioned by the Client's use and registration of its selected Domain Name, even if GP Hosting has been advised of the possibility of such damages;

GP Hosting will not be liable for any indirect or consequential loss, damage, cost or expense of any kind, irrespective of how such damage or loss was caused, whether arising under contract, delict or otherwise, including, and not limited to, data loss or corruption, loss of profits, contracts, operation time and goodwill.

Neither GP Hosting, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that GP Hosting's service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the services or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the GP Hosting services, unless otherwise expressly stated in this Agreement.

GP Hosting expressly limits its damages to the Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. GP Hosting specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

GP Hosting is not responsible if an external company network and firewall is setup to block access to services GP Hosting provides. If a client's network is setup to block certain ports or web addresses that compromise the services GP Hosting provides it is the client's responsibility to ensure that their network configurations are changed as necessary.