Specific terms and conditions

• (Last updated:  24-04-2023)
  Matthews Enterprises (PTY) LTD (Registration No. 2019 / 335736 / 07)  T/A (“MiTSS”) is a South African Information Technology Service Provider that provides a range of Services to its Customers. These services are provided to Customers subject to our Terms of Service

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1. Interpretation and Definitions

          Unless the context clearly indicates to the contrary, any term defined in our Terms of Service

          will, when used in these Specific Terms, bear the same meaning as defined in our Terms of Service.

             

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

                       
 

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2.  Undertakings and Acknowledgements

We agree to use all reasonable steps to provide the Services to you on a continual basis, for the duration of the Agreement.

                       
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.

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 4 of 2013 (POPIA.)

                     
 

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3. Hosting terms
General

We provide Servers, space on shared Servers and hosting of Customer Servers, together with web services and email facilities for web sites controlled by individuals or companies that do not have their own web servers.

                       
We will only be required to give you the Server type and configuration that is advertised at the time you decide to obtain the Service from us.  If you are an existing Customer and you wish to upgrade to a new Server, we may charge you an additional setup fee.

           

                       

If we find that you have breached any of these Specific Terms, we may exercise any rights we may have available to us in law, including (without notice) the right to terminate access to any Services, or suspend or terminate any Services (which may include the deletion of your data).

              

    

Content

We have no knowledge of, nor interest in Customer content hosted on your behalf by Matthews Enterprises (PTY) LTD on a Server or a shared hosting package.  We also do not in any way contribute to or approve the content.

                       
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 our Terms of Service will apply specifically to any loss, destruction, or corruption of your data, irrespective of the cause, including our negligence, your failure to back it up, us deleting it after the Service is terminated, and any system error or failure whether foreseen or unforeseen.

                       
 

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Usage

We are not responsible for any licensing of any software you use.

                      

Network Uptime Guarantee

We guarantee that our network will be available 99.9% of the time in any given month, excluding scheduled maintenance.  This means that you should not experience network downtime of more than 43 minutes in any month counted from the first day of every month.

Network uptime includes functioning of all network infrastructure, including routers, switches, firewall, and cabling, but excludes services or software running on your server or hardware.  

                  

Network downtime exists when a:

Customer is unable to transmit and receive data to and from our Managed Service; or

Customer is unable to ping the Server, measured according to our monitoring system.

                     

A degradation of the Service outside our control are but not limited to :

• Scheduled maintenance

• A force majeure event

• A DDoS attack against your server or hosting infrastructure

• Negligent customer acts or omissions

• Failure of access circuits to our network

• Domain name server issues outside our direct control

• DNS propagation

• Outages elsewhere on the Internet that hinder access to your hosting services.

These exclusions will not apply where the problems arise from Matthews Enterprises (PTY) LTD third-party Server links to the Internet or our routers.
We are not responsible for browser or DNS caching that may make your website appear inaccessible when others can still access it.

                     

                  

4.   Managed Hosting

General

Where appropriate, we will maintain the software on our managed Servers.

Matthews Enterprises (PTY) LTD will not be responsible for your use of any software that you may install (and any vulnerabilities including traffic generated as per clause 3 point 7 above that may result from the use of the software).  You therefore use the software at your own risk.

                    

Web Hosting

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 set up 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 point 7 above below, that may result from the use of the software).  You use the software at your own risk.

                       

 

Managed Servers

All Server log files remain Matthews Enterprises (PTY) LTD property.  If you ask us to give you a server log file, we will give you a copy of the relevant log file.

We will manage the Server, including the hardware, software, and upgrades at our sole discretion.  Clause 3 point 7 above, will also apply to these Services.

If the Server becomes the target or source of any form of denial of service attack and Matthews Enterprises (PTY) LTD believes that there is no other possible solution at that point in time, we may disconnect the Server from the network.

                       

Fees

You will pay us a base hosting fee for hosting as indicated on the website or quote.

The base hosting fee does not include any other fees such as:  

Setup fees; Fees relating to incremental bandwidth usage; Fees for extra IP addresses; and Random access memory and hard drive.

The above fees will be charged in addition to our  standard rates, available on our website.  

                       

Custom Hosting Solutions (CHS)

General

We provide the CHS Service to you according to the proposal you have accepted, together with any written specification that has been agreed to between the parties and our Agreement.

When we make Servers available to you for your own use, the Servers will at all times remain Matthews Enterprises (PTY) LTD property.  CHS will set up and manage the Server at the Location on your behalf.

All Server log files remain our property.  If you request us to give you a Server log file, a copy of the relevant log file will be given to you.

We will manage the Servers, including the hardware, agreed Software, and upgrades at our sole discretion.  CHS Customers will be informed before any adjustments or upgrades and a suitable time will be agreed upon between parties.

Where we supply and install the Software, we will do so according to the written specifications agreed to between both Parties.  For that purpose, you must give us all the relevant information and cooperation needed to enable us to do the installation.  If there are any extra costs involved with the Software, which were not present before we contracted with you, these will be for your account.  If you need CHS assistance for the installation of the Software, you will be charged according to our standard hourly rates.

                    

Where appropriate, we will, in our sole discretion, maintain the Software on your CHS Servers.

          

You are responsible for all bandwidth and traffic associated with your Server.  We will monitor your traffic usage and any spikes that may occur during business hours.  However you remain solely responsible for all traffic associated costs.  If your Server becomes the target or source of any form of denial of service attack, we reserve the right to disconnect the Server from the network if we find that no other solution is possible at that stage.

We will not be responsible for your use of any Software that you may install (and any vulnerabilities including traffic generated as per clause 3 point 17 above that may result from the use of the Software).  You use the software at your own risk.

                       
 

Troubleshooting, ad-hoc (intermittent) and emergency work

Any troubleshooting you request will be charged at our standard hourly rate.  If the cause turns out to be due to the gross negligence on our part, these charges will be waived.  Our senior management will investigate and decide whether or not an act of gross negligence has been committed.

We may invoice you for time spent troubleshooting issues that we find are outside our control that we cannot reasonably be expected to have prevented or solved quickly.  Only we may decide what is reasonably within or outside our reasonable control.

                       
 

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CHS service fees

We have the right to increase the CHS service fees annually following the anniversary of the date we started providing our Services to you (“the Anniversary Date”).  We will give you written details of any such increase at least 30 (Thirty) days prior to each Anniversary Date and any amendment or variation of the service fees will be seen as an amendment of Terms of Service.  If you object to the increase in the service fees, you may terminate your service or relationship with us under clause 8 (Termination) of our Terms of Service.

                          

CHS Support and Service Level Guarantee (SLA)

The CHS Service is accompanied by our 99.9% network uptime guarantee.  SLA claims, as defined in our Terms of Service, are only applicable to the standard, fixed monthly charges.  Any ad-hoc time and third-party costs (for example hardware, traffic over-usage) are exempt from any form of SLA claim.

Service disruptions will be attended to within:

15 minutes during business hours; and 60 minutes out of business hours.

                       

Business hours:
Monday to Friday from 08:00 and 17:00 SAST (Excluding public holidays.)

CHS Hardware Guarantee

We will try to respond to all CHS problems that specifically relate to Server hardware within 90 minutes of the problem occurring.  If we do not resolve the Server problem within 90 minutes or the extended period as we may advise, we will give you a credit equal to 25% of one month’s worth of the base hosting fee.

                      

You must also understand that the Server restore time from a back-up depends on the volume of data to be retrieved, which could result in several hours downtime.  In such a case, we are not obliged to give you a credit.

                       
 

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Bitdefender

Terms of use

TERM OF LICENSE

For all Bitdefender Products, excepting Bitdefender Security for AWS, you will receive the Bitdefender Product based on the subscription acquired and you will have certain rights to use the Bitdefender Product during the License/Subscription Period, which shall begin on the date of your initial installation of the Bitdefender Product regardless of the number of copies that you are permitted to use, and shall last for the period of time set forth in the Documentation or the applicable order.
The Bitdefender Product will automatically be deactivated at the end of the License Period, and you will not be entitled to receive any feature or content updates to the Bitdefender Product.  Also, if you do not continue to abide by the terms of this Agreement you acknowledge that you have no right to use the Bitdefender Product and you agree to uninstall or not use the Bitdefender Product forthwith upon you not continuing to abide by the terms of this Agreement.  Bitdefender reserves the right to stop supporting its products or a version of its products, or discontinue its Products or Product features. 
End-of-support policies are posted on the Bitdefender website.  For the avoidance of doubt, for Trial Licenses and Beta Solutions, Bitdefender shall have no further obligation to you beyond providing prior notice to terminate for convenience, and shall have no obligation to provide notice in the case of a termination for your breach of this Agreement.

WARRANTIES.  DISCLAIMERS.  

Bitdefender warrants that Bitdefender Product will be provided in a professional manner consistent with industry standards.  Bitdefender warrants to you that the encoding of the software program on the media on which the Bitdefender Product is furnished will be free from defects in material and workmanship, and that the Bitdefender Product shall substantially conform to its Documentation, for a period of ninety (90) days from the date you purchase the license key or activation code ( “Warranty Period”) The warranty shall not apply if:

the Product has not been used in accordance with the terms and conditions of this Agreement and the Documentation;

the issue has been caused by your failure to apply Updates, Upgrades or any other action or instruction recommended by Bitdefender,

The issue results from any cause outside of Bitdefender’s reasonable control.  

                       
If Bitdefender is notified in writing of a breach of warranty above during the Warranty Period, Bitdefender’s entire liability and your sole remedy shall be (at Bitdefender’s option):

        

to correct, repair or replace Bitdefender Product within a reasonable time, or

                       
to authorize a refund of the Fee following return of the Products accompanied by proof of purchase.

                       

Any replacement Products shall be warranted for the remainder of the original Warranty Period.  Bitdefender shall indemnify and keep you harmless from any claim by a third party that your use or possession of the Bitdefender Product in accordance with the terms and conditions of this Agreement infringes any third party patent, trademark or copyright.  

                       
The foregoing obligation of Bitdefender does not apply with respect to software, services or portions or components thereof: not supplied by Bitdefender; used in a manner not expressly authorized by this Agreement or the accompanying Documentation; made in accordance with your specifications; modified by anyone other than Bitdefender, if the alleged infringement relates to such modification; combined with other products, processes or materials where the alleged infringement would not exist but for such combination; or where you continue the “allegedly” infringing activity after being notified thereof and provided with modifications that would have avoided the alleged infringement.  

In the event the Bitdefender Product is held by a court of competent jurisdiction to constitute an infringement Bitdefender shall, at its sole option, do one of the following:   procure the right to continued use; modify the Bitdefender Product so that their use becomes non-infringing; replace the Bitdefender Product with substantially similar products in functionality and performance; or if none of the foregoing alternatives is reasonably available to Bitdefender, Bitdefender shall refund the pro-rata unused portion of the Bitdefender Product.

                     

The Parties may request indemnification under this provision, provided they: give notice within ten (10) days of any claim being made or proceedings being issued against;   give sole control of the defense and settlement to the indemnifying party (provided any settlement relieves the indemnified party of all liability in the matter); provide all available information and reasonable assistance; and have not previously compromised or settled such claims.  

                       
THIS SECTION STATES BITDEFENDER’S ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY FOR INFRINGEMENT AND MISAPPROPRIATION CLAIMS.

BITDEFENDER DOES NOT WARRANT THAT BITDEFENDER PRODUCT WILL MEET YOUR REQUIREMENTS.

                     

BITDEFENDER DOES NOT GUARANTEE THAT THE PROGRAMS WILL PERFORM ERROR-FREE OR UNINTERRUPTED OR THAT BITDEFENDER WILL CORRECT ALL PROGRAM ERRORS.  

                     

TO THE EXTENT PERMITTED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

                     
THIS BITDEFENDER PRODUCT IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE IN ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE OR OPERATION.

                     
THIS BITDEFENDER PRODUCT IS NOT FOR USE IN THE OPERATION OF AIRCRAFT NAVIGATION, NUCLEAR FACILITIES, OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, DIRECT OR INDIRECT LIFE-SUPPORT SYSTEMS, AIR TRAFFIC CONTROL, OR ANY APPLICATION OR INSTALLATION WHERE FAILURE COULD RESULT IN DEATH, SEVERE PHYSICAL INJURY OR PROPERTY DAMAGE.  

                     

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, BITDEFENDER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, ENHANCEMENTS, MAINTENANCE OR SUPPORT RELATED THERETO, OR ANY OTHER MATERIALS (TANGIBLE OR INTANGIBLE) OR SERVICES SUPPLIED BY HIM.  

                     
 

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BITDEFENDER HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF DATA, FALSE POSITIVES OR FALSE NEGATIVES, DEVICE FAILURE OR MALFUNCTION FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INTERFERENCE, ACCURACY OF DATA, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS BY FILTERING, DISABLING, OR REMOVING SUCH THIRD PARTY’S SOFTWARE, SPYWARE, ADWARE, COOKIES, EMAILS, DOCUMENTS, ADVERTISEMENTS OR THE LIKE, WHETHER ARISING BY STATUTE, LAW, COURSE OF DEALING, CUSTOM AND PRACTICE, OR TRADE USAGE.  

                     
YOU SHALL BE SOLELY RESPONSIBLE FOR PROPER BACK-UP OF ALL DATA AND THAT YOU SHALL TAKE APPROPRIATE MEASURES TO PROTECT SUCH DATA.  

                     

BITDEFENDER ASSUME NO LIABILITY OR RESPONSIBILITY WHATSOEVER IF DATA IS LOST OR CORRUPTED.  

                     
Bitdefender is acting on behalf of its partners for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement.  The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.  

LIMITATION OF LIABILITY .  

NEITHER PARTY SHALL BE LIABLE FOR ANY D I R E C T , INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR DATA USE.  

                        

BITDEFENDER’S MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR ORDER, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO THE FEES YOU PAID BITDEFENDER FOR THE DEFICIENT BITDEFENDER PRODUCT OR SERVICES UNDER THIS AGREEMENT AS SPECIFIED IN YOUR ORDER.  

                       
 

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SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  

                       
IN NO CASE SHALL BITDEFENDER'S LIABILITY EXCEED THE PURCHASE PRICE PAID BY YOU FOR BITDEFENDER PRODUCT.  

                       

BITDEFENDER DOES NOT LIMIT OR EXCLUDE ITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE, FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

                          

RMM

RMM Specific terms and conditions
Disclaimer of Warranty

THE LICENSED SOFTWARE IS PROVIDED "AS IS".  TO THE FULLEST EXTENT PERMISSIBLE AT LAW ALL CONDITIONS, WARRANTIES OR OTHER TERMS OF ANY KIND WHICH MIGHT HAVE EFFECT OR BE IMPLIED OR INCORPORATED, WHETHER BY STATUTE, COMMON LAW OR OTHERWISE ARE HEREBY EXCLUDED, INCLUDING THE CONDITIONS, WARRANTIES OR OTHER TERMS AS TO SATISFACTORY QUALITY AND/OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THE USE OF REASONABLE SKILL AND CARE AND NON-INFRINGEMENT.
Limits of Liability

THE FOLLOWING EXCLUSIONS SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE AT LAW.  NEITHER THE AUTHORS NOR THE COPYRIGHT HOLDERS SHALL IN ANY CIRCUMSTANCES HAVE ANY LIABILITY FOR ANY CLAIM, LOSSES, DAMAGES OR OTHER LIABILITY, WHETHER THE SAME ARE SUFFERED DIRECTLY OR INDIRECTLY OR ARE IMMEDIATE OR CONSEQUENTIAL, AND WHETHER THE SAME ARISE IN CONTRACT, TORT OR DELICT (INCLUDING NEGLIGENCE) OR OTHERWISE HOWSOEVER ARISING FROM, OUT OF OR IN CONNECTION WITH THE LICENSED SOFTWARE OR THE USE OR INABILITY TO USE THE LICENSED SOFTWARE OR OTHER DEALINGS IN THE LICENSED SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.  

THE FOREGOING EXCLUSIONS SHALL INCLUDE, WITHOUT LIMITATION, LIABILITY FOR ANY LOSSES OR DAMAGES WHICH FALL WITHIN ANY OF THE FOLLOWING CATEGORIES: SPECIAL, EXEMPLARY, OR INCIDENTAL LOSS OR DAMAGE, LOSS OF PROFITS, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, AND LOSS OR CORRUPTION OF DATA.

Termination

This license shall terminate with immediate effect if there is a material breach of any of its terms.

Acceptance of these terms

The terms and conditions of this license are accepted by copying, downloading, installing, redistributing, or otherwise using the Licensed Software.

Managed Backup

As part of our Services, we provide perpetual, on-premise subscription software.  Subject to the other rights and limitations in this Agreement and your payment of all subscription fees when due, we grant you a limited, non-exclusive, non-sublicensable, non-transferable (except as expressly permitted herein) license to use the software during the Subscription Term provided that your use of the software:
is solely for your internal business purposes; is in accordance with the scope of use set out in your individual account preferences; and shall be restricted to use in object code form only; and unless otherwise specified in your individual account, you shall install the software on an approved operating system.  

During your subscription, you may transfer the software from one approved operating system to another, provided that the software is permanently deleted from the prior operating systems.  You shall not permit any authorized access to or use of the software, or make any unauthorized copies.

You are solely responsible for procuring, maintaining, and securing your network connections to the software, and for all problems, conditions, delays, delivery failures, costs and all other loss or damage arising from or relating to your (or any Third-Party Provider’s) network connections, telecommunications links, or caused by the internet. 

You agree that the maximum number of users that you permit to access and use the software shall not exceed the number of subscriptions you have purchased, and that the users shall keep their user IDs and passwords related to use of the software confidential.  You are also responsible for any user’s use of the software and compliance with this Agreement.

For the purposes of billing, all use of the perpetual, on-premise software subscription shall be subject to auto-renewal, and you will be charged automatically in accordance with the term you selected.

Managed Service Provider - Printers

Service: Our Managed Printer Service includes the management of your printers using our infrastructure. We will monitor the health and performance of your printers, perform maintenance tasks on the monitoring system and alert you when there are issues. You will be billed monthly per printer on the system.

                     
Payment: You agree to pay the monthly fee for each printer on the system. Payment is due on the first day of each month. Failure to pay may result in the suspension or termination of your service.

                      

Proxies: Only recommended SD cards must be used for proxies. We are not responsible for the uptime of proxies. Any issues related to proxies should be resolved by the customer.

                     
Printer uptime: We are not responsible for the uptime of printers. While we will monitor and manage your printers, we cannot guarantee that they will always be available or that they will operate perfectly at all times.

                     
Print counters: Not all printers support print counters, developers counters, fuser unit counters, etc. We will do our best to monitor these metrics where possible, but cannot guarantee their accuracy or availability.

                     
Software: The software we provide for our Managed Printer Service is given as is and without any warranties. We cannot guarantee that the software will be error-free or that it will meet your specific needs. We are not liable for any damages resulting from the use or inability to use the software.

Termination: You may terminate our Managed Printer Service at any time by providing written notice. We reserve the right to terminate the service at any time for any reason, with or without notice.

                     

Confidentiality: We will maintain the confidentiality of any information related to your business that we may obtain in the course of providing our services.

                     

Governing law: These terms and conditions will be governed by and construed in accordance with the laws of the jurisdiction in which our company is located.

                     
Entire agreement: These terms and conditions constitute the entire agreement between you and us regarding our Managed Printer Service, and supersede all prior or contemporaneous agreements and understandings, whether written or oral.

                     
By using our Managed Printer Service, you agree to these terms and conditions. If you have any questions or concerns, please contact us before using the service.

Managed Enterprise Resource Management [c]

5. Domain Name Terms

Domain Registration

The Administrator runs the registry system used to process co.za Domain Name related transactions initiated by Domain Name Registrars, which include domain registrations, domain updates, domain renewals, domain deletions, domain queries and domain transfers.

We use accredited independent Registrar to register Domain Names on the Administrator’s registry system.  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.

                       
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.

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 [d] of the relevant registrar.

                          

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.  

                       
When there is a transfer of ownership the Registrant explicitly authorizes Matthews Enterprises (PTY) LTD to act as their Designated Agent, as stipulated by the ICANN Transfer Policy [e] , to approve a Change of Registrant on their behalf.  It remains the domain user’s responsibility to check that correct ownership details are listed for the domain.

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 license.  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 Matthews Enterprises (PTY) LTD will only act on the instructions of the Account Owner or anyone authorized to act on your (the Client’s) account.  In certain instances the Registrant might not be the Account 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 license 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.  Whilst we will try to ensure that your Domain Name does not lapse, it is your responsibility to ensure that your Domain Name does not lapse.  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. we will not be liable.

                     
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) for co.za domains and R10 (excluding VAT) for all other domains.  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.

                     
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.

                     
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.

You warrant that: You are entitled to register and use the Domain Name; or If you are not the Registrant, you have the consent of the Registrant to use the Domain Name; or

You are not prohibited by law or otherwise from registering the Domain Name; and

By 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.

                     
You indemnify us against any loss or damage that we may suffer arising from your registration or use of the Domain Name.  We act as data processor I operator on behalf of the Administrator, who is the data controller I responsible party, regarding personal data that you give us when you register a Domain Name.  You agree that we may share the personal data that we collect in this way with the Administrator.  You agree to indemnify and hold harmless us and our sub-processors I sub-operator against any claim you may have as a result of us sharing your personal data with the Administrator, or the Administrator’s failure to protect your personal data in accordance with applicable data protection laws.

                  

Changes to .co.za Domain Name and Domain Name Information

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 canceled and a new registration created.  Unless you request the change within the seven day grace period mentioned in clause 5, points 5 and 6, you will be required to pay a fee to the Registrar.

Matthews Enterprises (PTY) LTD will only act on the instructions of the Account Owner or anyone authorized to act on the account.

                       
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 Matthews Enterprises (PTY) LTD.  On expiry of the pending update period, the Domain Name information will automatically be updated.

The Registrant can ask Matthews Enterprises (PTY) LTD to create an account and transfer control of the Domain Name to the Registrant’s account at any time, provided any requirements laid down by Matthews Enterprises (PTY) LTD are met.

   

Disputes

In the event of a dispute around a Domain Name between the Registrant and someone else (including his agent) regarding control of the Domain Name or Matthews Enterprises (PTY) LTD account to which the Domain Name is linked, we will only act, if 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 letter from the executor, nominated and appointed by the Master of the High Court by virtue of the late Registrant’s estate, 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.

                       
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 finalized.  Only the Administrator is able to lock and unlock a Domain Name.

                       
The Registrant indemnifies us against any loss or damage that we may suffer arising from us preventing either party from accessing or performing Domain Name updates.

                       
 

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Domain Name Transfers to another Registrar

You are able to transfer your Domain Name to another Registrar at any time other than during the grace period.

                       
If you want to do so, a specific process has to be followed.  This process has been laid down by the Administrator in the Administrator Policies [f] Upon applying to change the Registrar information for a Domain Name through the registry system, the gaining Registrar will commence a Registrar Change Process, which will ultimately result in the proposed changes being implemented.

                       
The presented Table showcases the voting results that occur when you initiate the transfer of your Domain Name to a different Registrar. The transfer process mandates a vote from both the Registrant and the losing Registrar, which is solicited via email from the Administrator (Registry). The table displays the possible transfer outcomes based on the voting actions taken. For instance, if both the Registrant and the losing Registrar vote Yes (Y), the transfer will be executed instantly.

Domain Name Cancellations

  A Domain Name can be canceled at any time other than during a grace period.

                       
Initiating a Domain Name cancellation request will result in the Domain Name being suspended and ultimately deleted from the Registry.

                       
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.

                       

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

We will renew any domain until the domain service has been terminated

                     

Payment Default of the Domain Services

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.

                       
 

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Termination of the Domain Services

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.

                       
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 stipulated in our Terms of Service) you or any third-party may suffer arising from, or in any way relating to, the termination of the Domain Services.

                       

  

Domain Name Disputes

Various alternate dispute resolution mechanisms apply for Domain Names registered globally.  

These include: The Uniform Dispute Resolution Policy adopted by ICANN for certain gTLDs.

The Alternate Dispute Resolution Regulations applicable in South Africa and Similar proceedings in other ccTLDs.

                       
Disputes between you and any third-party about registration or use of any Domain Name registration may be brought under any available alternate dispute resolution mechanisms, Court, or Arbitration Tribunal.

                       

We will not participate in any way in a dispute between you and a third-party.  If you involve us in any dispute, you indemnify us against any loss or damage that we may suffer or expense that we may incur (including legal costs we incur on the attorney and own client scale and you will be liable to pay our attorney’s fees).

                       
Note that the Domain Name will be ‘”frozen” until a hearing or adjudication on the matter has been finalised.  Locked Domain Names, although not removed from the zone file, will not be able to be updated, cancelled, reinstated or released until they are unlocked.

                   

6.  Other Services

  We offer third-party services.

                       
While we make every effort to select reliable vendors, maintain relationships and hold them accountable to ensure a reliable service on behalf of our Customers, we do not control and are not responsible for those services and you use those third-party services at your own risk.

                       
We will not be liable for any loss or damage you have suffered as a result of your use of such third-party services including any interruption or unavailability of the third-party services.

                                                  

7.  Beta Services

We may offer Beta Services to you, and we will determine the availability, features, components and Trial Period for the Beta Services.  You may access and use the Beta Services solely as permitted by this clause.

                 
If you use the Beta Services, we may request feedback relating to your access, use, or testing of the Beta Services, including observations or information regarding the performance, features and functionality of the Beta Services.

                 
You must comply with our   Acceptable Use Policy   when you use the Beta Services, and the Beta Services may not be:

                 
Modified, distributed, or used to make derivative works; Decompiled, reverse engineered, or copied; Reproduced, transferred, or distributed; or Used for benchmarking or performance testing.

In addition to the above, you must not:

                 
Publicly disseminate performance information or analysis related to the Beta Services;

Remove any product identification or other notices contained in the Beta Services; or

Allow any third-party to access or use the Beta Services, other than your employees or agents that need it.

We may suspend or terminate your access to or use of the Beta Services at any time and for any reason.  We may notify you if your use of the Beta Services has been suspended or terminated.  We may cease offering the Beta Services at any time at our sole discretion.

                 

Once the Trial Period is complete, you may lose access to the Beta Services, unless we incorporate the features of the Beta Services into the Services we provide.  Additionally, you must return or destroy all copies of documentation and confidential information related to the Beta Services.

                 

If we release a generally available version of the Beta Services, your access to and use of the generally available version will be subject to the section of the Specific Terms as may be specified for that generally available Service.

                 
We may collect data from the Beta Services and use it to improve or enhance any of our existing Services.  This data will be in a de-identified form and will be used to enhance or improve the Beta Services and any other products and services.

                 
You grant us a non-transferable and exclusive license to use the data you provide to us while using the Beta Services in line with our Privacy Policy [g] .  The Beta Services are provided “as is” and “as available”.  No warranty of any kind is given, whether express or implied, including warranties of merchantability, title, or non-infringement, except where such warranty is specifically required by law.

                 
You indemnify us and hold us harmless against any loss or damage that you may suffer (or any action against us) as a result of:

                 
Your use of the Beta Services, or Any modification, suspension, interruption in or unavailability of, or termination of the Beta Services.

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8.Termination

8.1. Either party has the right to terminate this Agreement under the following circumstances:

8.1.1. Termination by you:
If you wish to terminate your services, you are required to provide one calendar month’s notice period.

8.1.2. Termination by us:
We may terminate your services with a written notice of five days, except in cases of breach. In the event of a breach, we reserve the right to suspend your use of our services or terminate this Agreement immediately, without prior notice. This termination will not affect any other rights that Matthews Enterprises may have. The circumstances under which we may suspend or terminate your services with immediate effect are as follows:

Failure to make timely payments for your services.
Engaging in illegal or unauthorized activities using our services.
Your website significantly impacts the overall performance, stability, and/or security of our hosting infrastructure.
Receiving notice that you are provisionally or finally liquidated, sequestrated, or placed under judicial management.

8.2. What happens upon termination of this Agreement?

8.2.1. During the notice period.
All service fees and costs (including those incurred by third parties) will continue to be your responsibility.
All the terms and conditions mentioned in this Agreement will continue to remain in effect until they are fully met.

8.2.2. We will request immediate payment of all outstanding charges owed to us.

8.2.3. We may retain all Services Fees you have already paid and recover our associated costs, including legal fees on an attorney and client scale (you will be responsible for paying our attorneys’ fees).

8.2.4. In case of non-payment, we may list you with any credit bureau, internet service provider list, or the South African Fraud Prevention Service.

82.5. If you have any of Matthews Enterprises  hardware or software in your possession as a result of using our Service, you must return it to us immediately upon termination.

8.3. Reactivation Fee. If your services are terminated due to non-payment, a reactivation fee will be charged to restore your services. This fee is in addition to any outstanding balance you owe.

8.4. By agreeing to our Terms of Service, you expressly consent to the above terms.