Terms & Conditions

General Terms & Conditions from 05-04-2016

Definitions

  1. From here until the end of this document “2XL” means 2XL Digital Solutions (Sole Proprietorship).
  2. “2XL System” means systems operated together as a system by 2XL to provide any Service, including without limitation Servers, Software, Databases, Email Services, etc.
  3. “2XL Website” means the Internet website published at the URL “www.2XL.co.za” or another URL that 2XL notifies the Client of from time to time.
  4. “Agreement” means these General Terms, Acceptable Use Policy, and applicable Service Terms, Service Orders and all annexures to any of these documents.
  5. “Application” means a request for initiation of a Service or services;
  6. “Business Day” means any day other than a Saturday, a Sunday or a public holiday in the Republic of South Africa.
  7. “Business Hour” means a period of 60 minutes between the hours of 08h00 and 17h00 South African Time, on a Business Day.
  8. “Client” is the party described as such on any Application or Service Order executed between it and 2XL.
  9. “Client Data” means Data:
    1. transmitted to the Client using the 2XL System,
    2. stored by the Client on the 2XL System (or on the Client System as the case may be), or
    3. transmitted by the Client via the 2XL System,
    4. in the day-to-day utilisation of a Service.
  10. “Data” means electronic representations of information in any form.
  11. “Database” means a collection of related data including, but not limited to, text, images sound and video, all of which have been created and integrated using a method of connecting and displaying the data into a collection of interrelated independent files or data which are stored together.
  12. “Domain” means an Internet subdomain registered with an authorised registrar appropriate to its top-level domain (“TLD”) and comprising its constituent domain name server records including, but not limited to, host names, aliases and mail exchange (“MX”) records.
  13. “Emergency Maintenance” means maintenance to the 2XL System intended to remedy existing circumstances or prevent imminent circumstances that are likely to cause danger to persons or property, an interruption to the Communication Services, or substantial loss to 2XL, the Client or any third party.
  14. “Fee” in respect of each Service will be as noted in the Fee Schedule provided to the Client on initiation of the Service and adjusted from time to time.
  15. “Good Industry Practice” means the exercise of that degree of skill, diligence, prudence and foresight which would reasonably be expected from a skilled and experienced service provider providing similar services to those provided under this Agreement. Such a service provider would seek in good faith to comply with its contractual obligations, and with all applicable laws, codes of professional conduct, relevant codes of practice, relevant standards, and all conditions of planning and other consents.
  16. “Intellectual Property Rights” means patents, registered designs, trade marks (whether registered or otherwise), copyright, trade secret rights, database rights, design rights, service marks and other intellectual property rights and rights to claim something as confidential information, including in other jurisdictions, that grant similar rights.
  17. “Malicious Code” means anything that contains any computer software routine or code intended to:
    1. allow unauthorised access or use of a computer system by any party, or
    2. disable, damage, erase, disrupt or impair the normal operation of a computer system,
    3. and includes any back door, time bomb, Trojan horse, worm, drop dead device or computer virus.
  18. “RICA” means the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2003.
  19. “Services” generally means internet services and access but for each specific service offering the meaning will be specified in more detail, as provided in the additional terms for each of the listed options.
  20. “Service Order” means services and / or work order agreed to in terms of this Agreement describing the specific Services to be provided by 2XL to the Client.
  21. “Service Terms” means a document describing the terms on which 2XL will provide a particular Service, as amended from time to time.
  22. “General Terms” means this document.
  23. “Software” means any computer program (whether source or object code), as well as any database structure or content, artistic work, screen layout, video,film, sound recording, preparatory material, user or technical documentation or any other work created in connection therewith and any modifications, enhancements or upgrades thereto.
  24. “Supplier” means a supplier of goods and / or services to 2XL.
  25. “User/s, ” means the Client or any other person accessing any the Services provided by 2XL.

How the Agreement Works

  1. The Services that 2XL will provide to the Client will be described in Service Orders.
  2. These General Terms apply to all Services.
  3. More details of particular Services may be contained in Service Terms.
  4. The Service Order(s), Service Terms, and this document together form the Agreement between 2XL and the Client. If the Parties enter into a Service Level Agreement or agree to an annexure to any of these documents, these will also form part of the Agreement.
  5. If there is any conflict between any of these documents, they will be interpreted in descending order of precedence as follows: General Terms (this document), Service Terms, Service Order, Acceptable Use Policy, and Service Level Agreement, unless otherwise expressly stated in writing.

Applications and Initiation

  1. 2XL will provide the Services to the Client as described in an Application or Service Order in terms of the Agreement.
  2. 2XL reserves the right to refuse to commence provision of Services based on the Client’s prior conduct.
  3. An Application must be submitted via the 2XL Website or via Email. Telephonic Applications are not permitted. Once an Application is accepted by 2XL it becomes a Service Order.
  4. Each Service Order (read with the other documents mentioned above) will be a separate contract between the Client and 2XL (unless amended or renewed by another Service Order).
  5. The terms of one Application or Service Order will not apply to another, unless a Service Order amends or renews an existing Service Order or adds Services to an existing contract.
  6. The Client consents to 2XL carrying out a credit check on the Client at any applicable credit bureau, and may make the provision of Services dependent on its satisfaction with the results. 2XL may provide information on the Client’s payment record to a credit bureau.
  7. If the Client is a juristic person, 2XL may require one or more of its officers to stand surety for the Client’s obligations under this Agreement. Even if the Agreement has commenced, 2XL may withhold providing the Services until the surety has been signed.
  8. Depending upon the Service provided, 2XL may be obliged under RICA to obtain certain information and documents from the Client, and 2XL may withhold or suspend providing Services until the Client has provided the necessary information and/or documents to 2XL.
  9. If the Client has not complied with a requirement of this clause, 2XL may delay providing the Services until the Client has complied. If the Client does not comply within a reasonable period, 2XL may terminate this Agreement and will not be liable for any damage that the Client may suffer as a result.
  10. Commencement of the Services is subject to a seven-day cooling-off period which will be interrupted if the Service in question is made available to the Client during this period.

Client’s Commitments

  1. The Client confirms that all statements made to 2XL are true and correct. 2XL reserves the right to request proof of any facts or claims. The Client also commits to providing 2XL with necessary information required in the provision of the selected Services, and (where applicable) consent to the use or sharing of this information with 3rd parties to comply with regulatory conditions (such as Domain Registration Listings) within the guidelines of applicable privacy legislation.
  2. 2XL reserves the right to, at any time, request verification of the identity of the Primary Account Holder. Failure to produce such verification could result in summary suspension or cancellation of the product(s) and Services.
  3. The Client (or the Client’s agent) certifies that the Client is above the age of 18 years, has full contractual capacity and (in the case of an agent) is duly authorised by the Client to contract on the Client’s behalf.
  4. 2XL’s website and attached services and/or products, are designed to facilitate reasonable use of the 2XL products and Services. 2XL reserves the right to suspend or terminate users who are improperly using features of the systems to avoid billing, suspension or any other system controls, or exploit bugs or limitations in the system design to effect avoidance of system controls or commit crimes. 2XL reserves the right to deem an activity as “unreasonable exploitation of the system” and will take appropriate action based on the circumstances and severity of the incident(s).
  5. The Service Order(s) and this Agreement, the Services or the interpretation of the supporting documents shall be governed by the laws of the Republic of South Africa and the courts of South Africa will decide any disputes.
  6. If the Client or its staff engages in behaviour that is a contravention of the Acceptable Use Policy or may be considered offensive to 2XL or its staff, 2XL reserves the right to suspend or terminate the Client’s Services, irrespective of the form and medium of this abuse.
  7. In the event that any of the terms of this document are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.
  8. 2XL reserves the right to remove any content hosted by a Client which it considers illegal or contrary to the AUP or for which it has received a take-down notice.

Terms Subject to Change

  1. 2XL may amend the General Terms and Service Terms at any time. The amended versions will be posted on the 2XL Website. The Client also has a duty to keep itself informed of the latest version of the above documents by accessing the 2XL Website on a regular basis.
  2. If the Client objects to any of amendment, it may terminate the Agreement, and the termination will become effective at the end of the normal notice period.
  3. If 2XL changes its Fees, the change must take place as described in this clause.

Interactions with Staff and 2XL Brand

  1. Clients will be held accountable for their conduct towards 2XL staff and in the public domain with regard to allegations or malicious conduct directed towards 2XL or its staff.
  2. Abusive behaviour, including (but not limited to) aggression, offensive language or conduct, including threats or any type of intimidation on a forum or directed at 2XL or its staff will be deemed abusive and will not be tolerated. Such conduct may constitute an AUP violation and 2XL reserves the right to suspend or terminate Services to a Client in such cases.
  3. Clients using public platforms to spread libel, false allegations, unreasonably or maliciously diminish the reputation or public perception of the 2XL brand may have their Services suspended or terminated, depending the severity and circumstances of the incident(s), and may also be regarded as contrary to the AUP.

Availability of Services

  1. 2XL cannot guarantee the provision of the requested Service upon the receipt of an Application.
  2. Provision of the Service is subject to 2XL confirming that it is technically feasible to do so.
  3. Applicants will be formally notified after receipt of an Application whether or not the Service can be provided.

Choice of Services and Products

  1. 2XL offers online application and signup for all products and Services via the website. The Client is solely responsible for ensuring that their choice of product or service conforms to their requirements or desired outcome. 2XL will not be liable for compensation, costs or damages resulting from incorrect selection of products or services, or resultant delays in rectifying such errors.
  2. Sign-up for products and services is subject to the cooling-off period described in section 44 of the Electronic Communications and Transactions Act (“the ECT Act”).
  3. 2XL provides Services on the basis of information provided by the Client, and 2XL offers no warranty as to the suitability of the Services beyond the requirements as expressed by the Client.
  4. 2XL reserves the right to stop offering particular Services if it deems it necessary. 2XL will then either provide the service for the remainder of the time that has been paid for or refund the amount paid for that specific package.

Referral Programme

  1. Clients may only use a referral programme to refer other possible clients. Clients that try to refer themselves via other accounts, whether setup using spoofing methods or simply as duplicate referrals will not receive any discounts or rewards.
  2. Should a referred client decide to cancel its services within three months of signup, 2XL reserves the right to reverse both the referrer and the referee’s credits.

Payment and Penalties

  1. 2XL only accepts Pre-paid Terms of either 3, 6, 12 or 24 months, or Debit Order and Credit Card payments for month to month services, and will only accept alternative payment under specific circumstances and only by prior arrangement at 2XL’s discretion.
  2. The Client’s monthly debit orders of the Fee will be submitted monthly in advance on or about the first Business Day of the month. This will apply to both Debit Order Payments and Credit Card Payments.
  3. 2XL will not accept any liability or responsibility for delays, suspensions or impact to Services due to use of non-approved payment methods by Clients.
  4. Unpaid Accounts, Unpaid Debit Orders, declined Credit Cards or any other irregularity regarding payment which results in non-payment will incur an Admin Fee of R100 and, if this Fee and the outstanding amount are not paid within 3 days, may result in immediate suspension of Services (which may not be limited to the particular Service in question). 2XL retains the right to suspend any Services for non-payment, and to withhold such Services until all arrears are settled in full on any and all products and Services.
  5. 2XL reserves its rights to change its prices at any time on reasonable notice, which will not be less than 30 days, as per the minimum term of a month to month agreement.
  6. 2XL may charge an Admin Fee of R100 for failed or returned payments, regardless of method of payment or the reason for non-payment. Such Admin Fees are payable immediately and in conjunction with the outstanding fees which resulted in non-payment.  Non-payment of Admin Fees will be considered non-payment and will be subject to the same terms. Once levied, Admin Fees are not recoverable or reversible, regardless of whether payment is made within the prescribed period.
  7. If the Client’s Services are suspended or terminated for any reason, including non-payment, 2XL may charge a Reconnection Fee for subsequent reactivation of services. Reconnection Fees are payable in full before any services can be reactivated, once suspended. 2XL may charge multiple reconnections Fees where multiple products are affected, and may charge “escalating” penalties for repeated non-payment offenses. Any prior leniency shown in this regard will not prejudice 2XL’s right to enforce such penalties in full at any time (within their discretion).
  8. Reconnection of Services may be subject to a waiting period of up to 72 hours, at 2XL’s discretion, regardless of when payment is received or cleared. Reconnection is subject to a reconnection fee.
  9. In cases of suspension of Services due to non-payment, 2XL reserves the right to levy both Reconnection Fees and Admin Fees. Any and all penalty fees must be settled in full, prior to reconnection of affected services.
  10. Both Admin and Reconnection fees will not exceed R500, and this amount is based on (but not limited to) a reasonable estimation of accumulated administrative costs (such as labour), bank penalties and resubmission charges levied by payment carriers.
  11. In the case of billing disputes, the onus is upon the Client to raise such disputes in good time to prevent interruption of services while the billing is in dispute. Reparations will be made to Clients with successful disputes by means of an account credit or refund, at 2XL’s discretion.
  12. 2XL reserves the right to terminate services where a Client has shown a repeated disregard for payment terms and consistently fails to make regular scheduled payments on time and using approved payment methods. The conditions of termination will be based on guidelines determined at 2XL’s discretion and may vary. The means and terms of termination will be determined at 2XL’s discretion. Notice of termination will be provided to the best of 2XL’s ability, but 2XL will not be held liable for claims or requests for further provision of services once a Client’s services have been terminated due to non-payment.
  13. Unless otherwise agreed:
    1. Billing will commence on the date that Service provision commences. Partial months will be charged pro rata.
    2. Services are billed in advance and all invoices must be paid by the Client in advance.
    3. Any Services invoiced in arrears are payable on presentation of invoice.
    4. 2XL is not a VAT registered company.
    5. All Fees and other amounts payable are quoted exclusive of VAT.
  14. Interest will be charged on any amount that remains unpaid by the Client beyond the due date of payment:
    1. The interest rate will be 2% (two percent) above the prime overdraft rate (percent, per annum), up to a maximum of 2% per month.
    2. The prime overdraft rate will be as charged by 2XL’s bankers at the time, which will be evidenced by a certificate issued by any manager of that bank, whose authority it shall not be necessary to prove.
    3. The interest will be calculated from the due date of payment to the date of actual payment, both days inclusive, and will be compounded monthly in arrears. The Client agrees and undertakes to pay the interest.

Debit Order Authorisation

  1. By accepting these terms, Clients hereby authorize 2XL to debit their nominated bank account or credit card any variable amount pertaining to the service or products they have selected, on sign up for a calculated pro-rata and thereafter at the beginning of each month (or on signup entirely for purchase of non-service products).  This sum being the amount for settlement of the monthly amount due by the Client in respect of services or products.
  2. The Client authorises 2XL’s nominated agent, namely “Sage Netcash (PTY) LTD”, to debit their account or card on 2XL’s behalf.  The debit authority will remain in force until such services or products are cancelled, subject to the condition that Client agrees that debits related to cancellation notice periods will be honored before the expiration of the debit authority.
  3. The Client agrees that the party hereby authorized to debit their bank account or credit card may not cede or assign any of its rights and that the Client may not cede any of their obligations in terms of this debit order instruction to any third party without prior written consent of the authorized party.

Term and Termination

  1. 2XL operates month-to-month contracts payable in advance via debit order or pre-arranged cycles of a few months at a time). Either the Client or 2XL may terminate the agreement, or a particular Service, by giving one calendar month’s notice to the other. For example if notice is given on the 15th of January, termination will take effect on the 1st of March. For pre-arrangened bulk payments the notice of termination must 30 days before the payment cycle ends. Particular Service Terms may allow for shorter notice periods.
  2. The Client must give notice of termination to 2XL via email. Cancellation of any Service is the Client’s responsibility. The Client is responsible for ensuring that such cancellation of service is actioned with due attention to terms of cancellation, as well as cancellation conditions which require the Client to specifically indicate a required process. Should the Client incorrectly complete the cancellation process, 2XL will not be liable for any additional costs or compensation due to the error.
  3. Either party may terminate this Agreement and any service provision where there is a breach of this Agreement by the other which has not been remedied within seven (7) days of receipt of written notice to do so.
  4. The Client acknowledges that 2XL may terminate this Agreement by written notice, including email, and without liability in the event of the termination of its agreement with an upstream licensee relevant to the provision of any connectivity Service.

Transferability

  1. Should 2XL agree to the acquisition or transfer of any or all of it’s services to another company, such services and services agreements will be transferred to the acquiring entity. Clients affected will be notified of such changes and any potential impact to their service agreement within the minimum term (30 days) of a month to month  or cyclic agreement.

Client Information and Privacy

  1. Clients signing up for services as a Primary Contact are considered as “the client” and no other parties will be permitted access or authority to the Client Account, even if they are a 3rd party recipient or affiliate of the “client”.
  2. 2XL will observe all privacy of information best practices, in accordance with the applicable laws of South Africa, including the Protection of Personal Information Act (POPI) of 2013.
  3. The Client consents to 2XL processing Personal Information transmitted to the 2XL System in a way which is consistent with the Service being provided. Where the Client’s use of a Service leads to the transmission of Personal Information to or from the Republic of South Africa, the Client acknowledges that it has a duty to comply with any relevant statutory provisions dealing with data privacy either in the Republic of South Africa or in any foreign country to which the Personal Information is transmitted. The Client warrants that it has obtained the consent of any third party for the use of that party’s Personal Information in this way, or otherwise that such processing is lawful, and indemnifies 2XL from any claim brought by such third party as a result of its failure to do so.
  4. 2XL may retain backups as a matter of course for up to one year after termination, and the Client consents to such retention. However 2XL gives no warranty in respect of the effectiveness of such backups (if any).

Security

  1. 2XL will implement measures in line with Good Industry Practice to ensure the security of the 2XL System and the physical security of 2XL’s premises, but gives no warranty that breaches of security will not take place.
  2. If the Client discovers a security violation, or thinks that a security violation is imminent, it must immediately notify 2XL in an appropriate way that does not further compromise security concerns.
  3. If the Client suffers damage as a result of loss or corruption of Client Data through a security violation, it will be liable for the damage if the violation was the Client’s fault.
  4. The Client must not do anything that may prejudice the security of the 2XL System, and must take all reasonable measures necessary to ensure that:
    1. no unlawful access is gained to 2XL’s premises, the 2XL System, or the Client’s own system;
    2. no Malicious Code is introduced into the 2XL System; and
    3. the Client Data is safeguarded.
  5. If a security violation occurs, or 2XL is of the view that a security violation is imminent, 2XL may take whatever steps it considers necessary to maintain the proper functioning of the 2XL System including without limitation:
    1. changing the Client’s access codes and passwords (or those of any user of the 2XL System), and
    2. preventing access to the 2XL System.
  6. 2XL takes reasonable measures to provide disaster recovery but does not warrant that recovery will be successful or that it will be completed within any time limit.
  7. The Client must give its full cooperation to 2XL in any investigation that may be carried out by 2XL regarding a security violation.
  8. If the Client is providing any service to third parties that makes use of the 2XL System, the Client must contractually bind those third parties to equivalent terms regarding security as are set out in this clause section.

Suspension or Terminations of Service

  1. 2XL may, subject to this Agreement or Acceptable Use Policy, suspend or terminate services of a Client in its absolute discretion by providing email notice if:
    1. the Client commits a serious or repeated breach of the Agreement or the Client engages in any conduct which in 2XL’s opinion would have a negative impact on 2XL, other clients or 2XL’s staff or is detrimental to the welfare, good order or character of 2XL; or
    2. Any part of the Client’s Fees are not paid in full when due; or
    3. The information the Client supplied to 2XL is found to be incorrect or false;
    4. 2XL reasonably thinks that the Client’s use of the Services may result in the commission of a crime or is otherwise unlawful.
  2. 2XL reserves the right to effect such suspension or termination without notice, depending on the severity of the breach, but will undertake to inform Clients where possible. Upon such suspension or termination, such Clients:
    1. Will not be eligible for re-imbursement / compensation, unless at 2XL’s discretion
    2. May be further barred from signing up for any services with 2XL in the future
    3. May be reported to governing bodies, such as ISPA, for listing purposes
    4. May be listed with applicable authorities and credit bureaus.
  3. The period of suspension will be that which is reasonable under the particular circumstances that gave rise to the suspension.

Limitation of Liability and Indemnity

  1. 2XL WILL NOT BE LIABLE TO THE CLIENT OR ANY THIRD PARTY IN RESPECT OF ANY AND ALL DAMAGES, LOSS, CLAIMS OR COSTS, OF WHATEVER NATURE AND INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, SUFFERED BY THE CLIENT OR THIRD PARTY, HOWSOEVER ARISING, AND 2XL WILL MOREOVER NOT BE LIABLE WHETHER THE LOSS WAS THE RESULT OF THE ACT OR OMISSION OF AN 2XL EMPLOYEE, VICARIOUS OR STRICT LIABILITY.
  2. In the event that 2XL is nonetheless held liable, the quantum of 2XL’s liability will not exceed the monthly or pro-rata fees due for the Service that occasioned the loss, in the preceding three (3) months, regardless of whether the claim arises out of negligence on the part of 2XL or any other cause.
  3. USE OF THE SERVICES INDICATES THAT THE CLIENT INDEMNIFIES AND HOLDS HARMLESS 2XL IN RESPECT OF ANY DAMAGES, LOSS OR COSTS OR CLAIMS INSTITUTED AGAINST 2XL ARISING FROM ANY APPLICATION OR SUBSCRIPTION TO OR USE OF ANY SERVICE OR BREACH OF THE TERMS AND CONDITIONS APPLICABLE TO IT.
  4. These limitations on liability and indemnities apply to the benefit of 2XL and 2XL’s Affiliates, directors, officers, contractors, agents and other representatives, as well as any third parties whose networks are connected to the 2XL System.
  5. Nothing contained in this clause will limit the Client’s liability in respect of charges incurred for ongoing Services.
  6. If the Consumer Protection Act 68 of 2008 is applicable to this Agreement, and any provision of this clause is found by a court or tribunal with jurisdiction over 2XL to be unfair, unreasonable or unjust, then that provision (whether it be a word, phrase or sub-clause) will be severed, and the remainder of this clause will have full force and effect.
  7. In the case of ambiguity, this clause will take precedence over any expression of the Parties’ intention, whether express or implied, that may be contained elsewhere in this Agreement.

Notices

  1. All requests by the Client for the provisioning, modification or termination of Services, and for modification of contact and other personal information must be made via email and 2XL reserves the right to ignore any such request made in any other manner.
  2. The Parties choose their addresses where they will accept service of any notices/documents for all purposes arising from this Agreement (domicilium citandi et executandi):
    1. in the case of 2XL,
      PO Box 735
      Ramsgate
      4285,
      South Africa,and
    2. in the case of the Client the addresses set out in the most recent Service Order agreed between the Parties.
  3. Either Party may vary its given postal address or other contact details by notifying the other Party in writing.
  4. Any notice given in terms of this Agreement must be in writing and any notice given by any Party to another (“the addressee”) which  is transmitted by email will be deemed to have been received upon confirmation of receipt (not automated receipt) thereof by the addressee; or
  5. Despite the above:
    1. any notice that 2XL sends by email to an email account hosted on the 2XL System by the Client will be deemed to have been received by the Client on  the date of transmission; and
    2. if a written notice or communication is actually received by one of the Parties from the other, this will be adequate written notice or communication to that Party.

Interpretation & General

  1. Whole Agreement. This Agreement is the whole of the agreement between the parties, and no document or statement not mentioned above will form part of it. Only a written variation, waiver or cancellation agreed to by both parties will be of any effect.
  2. Applicable Law & Jurisdiction. The law of the Republic of South Africa will apply to this Agreement, its interpretation and any matter or litigation relating to or arising from it, and the parties consent to the jurisdiction of the courts of Republic of South Africa in this regard.
  3. Survival. For the avoidance of doubt, any provision of this Agreement that anticipates any right or duty extending beyond the termination or expiry of this Agreement will survive the termination or expiry of this Agreement and continue in full force and effect.
  4. No Indulgence. If one party chooses not to enforce any part of this Agreement, that does not mean that the party cannot enforce that part at a later time. If any part of the Agreement is found to be unenforceable, the rest will still be enforceable.
  5. Representatives. The signatories hereto acting in representative capacities warrant that they are authorised to act in such capacities, and accept personal liability under this Agreement should they prove not to be so authorised.
  6. Reading Down. If a provision of this Agreement is reasonably capable of an interpretation which would make that provision valid and enforceable and an alternative interpretation that would make it void, illegal, invalid or otherwise unenforceable, then that provision shall be interpreted, so far as is possible, to be limited and read down to the extent necessary to make it valid and enforceable.
  7. Severance. In the event that any part of this Agreement is found to be partially or fully unenforceable because it does not comply with any law, or for any other reason, this will not affect the application or enforceability of the remainder of this Agreement.

Domain Registration T&Cs

Definitions

The following definitions apply to these Registrant Service Terms:

  1. “Administration Sites” means the Registry’s official administration website/s including, but not limited to: http://www.registry.net.za and the Registrar’s official administration website/s including, but not limited to: http://www.domains.co.za.
  2. “Agreement” means the Application read together with these Registrant Service Terms.
  3. “Applicant” means the party making application for the delegation, transfer or update of the Domain Name in terms of this Agreement, and who will be identified as the Registrant in the Application.
  4. “Applicant” means the party making application for the delegation or update of the Domain Name in terms of this Agreement, and who will be identified as the Registrant in the Application.
  5. “Domain Name” means the domain name in the Namespace, designated in the Application, and governed by the Agreement.
  6. “Effective Date” means, in respect of the delegation of the Domain Name to the Applicant, the date on which such delegation is registered by the Registry (as evidenced by an electronic message from the Registrar to the Applicant confirming same).
  7. “General Terms” means the Registrar’s (2XL’s) General Terms.
  8. “ICANN” means the Internet Corporation for Assigned Names and Numbers, a California non-profit, public benefit corporation.
  9. “Namespace” means the .co.za, .web.za, .org.za, .net.za, .africa, .capetown, .joburg or .durban name space of the Internet as the case may be.
  10. “Personal Information” means information relating to an identifiable, living, natural person.
  11. “Registrar” means our partner registrar Domains.co.za – a subsidy of DiaMatrix cc.
  12. “Registrar Accreditation Agreement” means the agreement entered into between the Registrar and ICANN in terms of which the Registrar is accredited by ICANN as a registrar.
  13. “Registry” means ZA Central Registry NPC, a company registered in accordance with the laws of South Africa with registration number 1988/004299/08, its successors or permitted assigns.
  14. “Registry-Registrar Agreement” means the agreement between the Registrar and the Registry in terms of which the Registrar is accredited as a registrar for a Namespace.
  15. “Published Policies” means those specifications and policies established and published by the Registry from time-to-time relating to the administration of a Namespace, and includes the Launch Policy, Sunrise Dispute Resolution Policy, and Auction Policy. The published policies can be found on the Administration Sites.

Applicability

  1. The Registry is responsible for delegating (registering) domain names in the Namespaces.
  2. These terms and conditions apply to all the above mentioned domain names.
  3. The Applicant also agrees to be bound by the Published Policies.

Status and Precedence

  1. In addition to the General Terms, these terms and conditions govern the use of the 2XL and it’s registrars services. By contracting with 2XL for the services a Client will be lawfully regarded as having agreed to their use of the services specified being governed by this Agreement.
  2. To the extent that any provision of this document conflicts with the provisions of the General Terms, the provisions of this document will prevail.
  3. In providing the registrar services the Registrar is bound by the provisions of the Registrar Accreditation Agreement and the Registry-Registrar Agreement. If the Registrar acts contrary to any provision of this Agreement as a result of an obligation to either ICANN or the Registry set out in such agreements (including compliance with the Published Policies or any mandatory ICANN policy), such act or omission will not be a breach of this Agreement.

Registration, transfer and deletion

  1. The Domain Name will be delegated (registered) once it has been accepted and approved by the Registrar and the Registry and after payment of the relevant fees.
  2. The Domain Name registration will continue after the Effective Date for the period described in the Application unless it is transferred or otherwise deleted as described in this Agreement or one of the documents referred to in it.
  3. The Domain Name may be renewed upon payment of the relevant fees, and this Agreement will be renewed upon each renewal or other extension of the Domain Name’s registration period.
  4. It the Applicant wishes to transfer the Domain Name to another registrant (which is done by updating the domain name record), the Applicant must ensure that the new registrant has agreed to the terms of this Agreement. The Registrar will not give effect to the transfer until it has received confirmation of such agreement.
  5. The Registrar’s deletion and auto-renewal policy will not differ from the parameters set out in the Published Policies by the Registry. 2XL or he Registrar will under no circumstances be liable if any Domain Name is deleted due to the Applicant’s failure to renew the Domain Name registration.

Fees

  1. Should the Applicant fail to pay any of the fees contemplated within the periods stated, 2XL or the Registrar may, without derogating from any other right which it may have in terms of these Service Terms or the General Terms or otherwise, and without notice, withdraw the Domain Name application or registration.
  2. Under no circumstances whatsoever will the Registry or Registrar be obliged to refund any fees paid by the Applicant in terms of this clause.

Rights to Domain Name

  1. 2XL, the Registry or the Registrar will under no circumstances whatsoever be obliged to determine the right of the Applicant to the Domain Name. Domain names are delegated on a “first-come-first served” basis (unless the Application is made as part of a Namespace launch phase)  and the delegation of the Domain Name by the Registry will in no way constitute any indication or warranty of the Applicant’s right to utilise such name.
  2. 2XL, the Registry and Registrar give no warranties of any nature whatsoever with regard to the Domain Name, the registration or use thereof and hereby disclaim all such warranties, whether express or implied.
  3. Under no circumstances whatsoever will 2XL, the Registry or Registrar be obliged to act as an arbiter of disputes arising out of the registration and use of the Domain Name.
  4. Should a third party (the “Complainant”), in contemplation of legal action against the Applicant in court, present the Registry or Registrar with prima facie evidence that indicates that the Domain Name violates the rights of the Complainant, then the Registry will be entitled to provide the Complainant with the Applicant’s name and contact particulars. All further communication will exclude the 2Xl, the Registry and the Registrar, and who will have no further obligations to the Applicant or complainant.
  5. The Applicant accepts the jurisdiction of any dispute resolution mechanism established in respect of a Namespace by the Registry, ICANN or by applicable law, as the case may be, in disputes relating to the Domain Name, including the Uniform Domain Name Dispute Resolution Policy (“UDRP”) and the Uniform Rapid Suspension (“URS”), and agrees to be bound by any decision that may result.

The Applicant’s Duties

  1. The Applicant must provide to Registrar accurate and reliable contact details and correct and update them within seven (7) days of any change during the term of the Domain Name registration, including:
    1. the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Applicant;
    2. name of authorised person for contact purposes in the case of an Applicant that is an organisation, association, or corporation;
    3. the names of the primary nameserver and secondary nameserver(s) for the Domain Name;
    4. the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the technical contact for the Domain Name; and
    5. the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the administrative contact for the Domain Name.
  2. The Applicant’s wilful provision of inaccurate or unreliable information, its wilful failure to update information provided to Registrar within seven (7) days of any change, or its failure to respond for over fifteen (15) days to inquiries by Registrar concerning the accuracy of contact details associated with the Applicant’s registration will constitute a material breach of the Applicant-registrar contract and be a basis for suspension and/or cancellation of the Domain Name registration.
  3. Any Applicant that intends to license use of a Domain Name to a third party is nonetheless the Applicant of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Domain Name. An Applicant licensing use of a Domain Name according to this provision will accept liability for harm caused by wrongful use of the Domain Name, unless it discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the Applicant reasonable evidence of actionable harm.

The Applicant’s Warranties & Indemnity

  1. The Applicant hereby irrevocably represents, warrants and agrees that:
    1. the information provided in the Application is accurate and complete, and that it will keep such information up to date at all times;
    2. it has the right without restriction to use and register the Domain Name;
    3. to the best of its knowledge and belief the registration of the Domain Name or its use does not and will not directly or indirectly infringe any legal right of any third party in any jurisdiction, including with respect to trade mark, service mark, trade name, company name, close corporation name, copyright or any other intellectual property right;
    4. will not use the Domain Name for any unlawful purpose whatsoever, including, without limitation, distributing malware, abusively operating botnets, defamation, unfair competition, passing off, phishing, piracy, counterfeiting, fraudulent or deceptive practices or generally for the purpose of confusing or misleading any person;
    5. at the time of the initial submission of the Application, and at all material times thereafter, it must have an operational name service from at least two operational name servers for the Domain Name. Each server is and will continue to be fully connected to the Internet and capable of receiving queries relating to the Domain Name and responding thereto; and
    6. it has selected the Domain Name without any input, influence or assistance from the Registry and/or Registrar.
  2. Pursuant to the above warranties, the Applicant hereby agrees that it will defend, indemnify and hold harmless the 2XL, the Registrar and the Registry, their directors, officers, members, employees and agents, for any loss, damage, expense or liability resulting from any claim, action or demand arising out of or related to a breach of the aforementioned warranties or the use or registration of the Domain Name, including attorneys’ fees on an attorney and own client basis. Such claims will include, without limitation, those based upon trade mark infringement, copyright infringement, dilution, unfair competition, passing off, defamation or injury to reputation. The Registrar agrees to give the Applicant written notice of any such claim, action or demand within reasonable time of becoming aware thereof. The Applicant agrees that the Registry and /or the Registrar will be defended by attorneys of their own respective choices at the Applicant’s expense, and that the Applicant will advance the costs incurred in such litigation, to the respective parties on demand from time to time.

Suspension, Cancellation and Transfer

  1. The Applicant agrees that the 2XL, the Registry or Registrar will have the right to withdraw the Domain Name delegation, suspend operation of the Domain Name, or transfer the Domain Name (as the case may be):
    1. in the circumstances contemplated above;
    2. should the Applicant breach any warranty given under any clause above;
    3. If the Applicant withdraws its consent for processing of Personal Information described above;
    4. should the Applicant breach any other provision of this Agreement, and fail to remedy such breach within 14 (fourteen) days of receiving written notice from the Registrar calling upon it to do so;
    5. in order to correct mistakes by Registrar or the Registry in registering the Domain Name pursuant to the Published Polices or ICANN policy applicable to the Registrar;
    6. on receipt of an order by any competent court having jurisdiction; or
    7. on receipt of a decision by a dispute resolution provider appointed in terms of an official domain name Dispute Resolution Procedure introduced by law, or adopted and published by the Registry or ICANN (if applicable).
  2. In the event that the Registrar’s accreditation is withdrawn by the Registry, the Registry may initiate a forced transfer of the Domain Name to another registrar
  3. The Registrar’s deletion and auto-renewal policy will not differ from the parameters set out in the Published Policies by the Registry.

Personal Information

  1. Personal Information provided by the Applicant to the Registrar will be used in a manner generally accepted in the domain name industry, and in particular for the following purposes:
    1. use of Personal Information by the Registrar and Registry in providing the registrar and registry services respectively and in particular providing a public WHOIS facility which may include the Personal Information;
    2. inclusion of Personal Information in escrow deposits by the Registrar and Registry held by third parties located both inside and outside of the respective countries in which they provide the services;
    3. transfer of Personal Information to the Registry’s affiliates and service providers for the purposes of providing registry services;
    4. transfer of Personal Information to a third party replacing the Registry in providing the Registry function in terms of the registry agreement between ICANN and the Registry, whether located inside or outside of South Africa
  2. In processing the Personal Information, the Registrar and Registry may transfer such Personal Information to the parties described herein. If the Registrar is a reseller of registrar services, then the Personal Information will also be transmitted to the sponsoring registrar.
  3. THE APPLICANT CONSENTS TO THE PROCESSING OF PERSONAL INFORMATION AS DESCRIBED AND ACKNOWLEDGES THAT REGISTRATION, TRANSFER OR RENEWAL OF THE DOMAIN NAME IS DEPENDENT ON SUCH CONSENT.
  4. THE APPLICANT WARRANTS THAT WHERE IT SUPPLIES THE PERSONAL INFORMATION OF THIRD PARTIES TO THE REGISTRAR IT HAS FIRST PROVIDED SUCH THIRD PARTIES WITH EQUIVALENT NOTICE AND OBTAINED THEIR CONSENT AS DESCRIBED.
  5. When collecting or confirming Personal Information the Registrar will indicate in an appropriate manner which Personal Information is obligatory and which, if any, is voluntary.
  6. The Applicant can request updates or changes to Personal Information submitted to the Registrar by sending such a request via email.
  7. The Registrar will not process the Personal Information collected from the Applicant in any way incompatible with the purposes and other limitations about which it has provided notice to the Applicant.
  8. The Registrar must take reasonable appropriate, reasonable technical and organisational measures as required by applicable law to protect the Personal Information from loss, misuse, unauthorised disclosure, alteration or destruction.
  9. Provision of the Domain Name is dependent on the Applicant’s consent, and the Domain Name may be suspended or withdrawn if the Applicant withdraws such consent.

Exemption and Indemnity of the Registry

  1. THE REGISTRY ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WILL UNDER NO CIRCUMSTANCES WHATSOEVER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND AND HOWSOEVER ARISING (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, BUSINESS INTERRUPTION OR LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, DELICT, OR OTHERWISE, EVEN IF THE REGISTRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  2. THE APPLICANT WILL INDEMNIFY, DEFEND, AND HOLD THE REGISTRY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS HARMLESS AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE LEGAL FEES AND EXPENSES) RELATING TO OR ARISING OUT OF TO THE APPLICANT’S DOMAIN NAME REGISTRATION.

General

  1. For adjudication of any legal disputes between the Applicant and the Registry, the Applicant hereby consents to the jurisdiction of the High Court of South Africa (Gauteng Division, Pretoria).
  2. For adjudication of any legal disputes between the Applicant and the Registrar, the Applicant hereby consents to the jurisdiction of the High Court of South Africa (Gauteng Division, Pretoria) and to the jurisdiction of the courts of the Applicant’s domicile.
  3. The Agreement will be construed and interpreted in accordance with the law of the Republic of South Africa.
  4. The Applicant acknowledges that the Registry or ICANN may oblige the Registrar to make changes to or supplement the Agreement or parts of the Agreement (“amendments”) if these amendments are reasonably necessary for the administration of a Namespace. In the case of amendments required by the Registry these amendments will be published on the Administration Sites from time to time.
  5. The Applicant accepts that it is incumbent on it to monitor such changes and it hereby agrees that should it fail to notify the Registrar of the Applicant’s wish not to be bound by such amendments within 30 (thirty) days of such amendment being published, it will conclusively be deemed to have acceded and agreed to the amendments thus published.
  6. To the extent that the Registry is granted rights, the relevant provisions of this Agreement will constitute an agreement for the benefit of a third party (stipulatio alteri) in the Registry’s favour. Where the Registry has lawfully assigned its rights and duties under its Registry-Registrar Agreement with the Registrar, the assignee will be the beneficiary under this clause.
  7. In the event that any of these terms are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.

Domains and Web Hosting T&Cs

Introduction

  1. In addition to the General Terms, these terms and conditions govern the use of the 2XL domain registration and hosting services. By contracting with 2XL for the services a Client will be lawfully regarded as having agreed to their use of the services specified being governed by this Agreement.

Domain Registration

  1. 2XL registers domains on the Internet through the relevant governing bodies and hosts websites and related material on the 2XL server(s) (Whether onshore or offshore) on behalf of Clients. These terms and conditions apply to the use and registration of domain names and the web hosting services offered by 2XL.
  2. 2XL registers domains through approved Domain Registrars. 2XL may, at its discretion use other approved entities for registration, but in general may limit domains offered based on availability from the registrar concerned.
  3. 2XL’s hosting and free domain registration and renewal is sold as a bundled package and cannot be separated, i.e. 2XL will not pay for registration if it is not combined with any of their hosting products.
  4. The Client will be bound by the terms and conditions of the relevant domain name space (e.g. .com or .co.za) under which any domain name registered on its behalf falls, and should become familiar with them. 2XL may post links to these terms and conditions on the 2XL Website purely as a convenience to the Client.
  5. Where 2XL is acting as a registrant or reseller in registering a domain name for the Client, the Client may be required to agree to further terms. On request, 2XL will provide the Client with a link to these terms.
  6. 2XL will strive to ensure that registration and subsequent DNS propagation is effected in the shortest period of time. However, 2XL cannot be held liable for any delays that may accompany the registration of domains. Initial Set-up fees are non-refundable. Domain Name Registration fees constitute a once-off payment subject to certain renewal charges.

Free Domain Registration

  1. Domain registration may be 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 2XL for a reasonable period. 2XL reserves the right to, at their 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. Waiving such fees will be entirely at 2XL’s sole discretion.
  2. 2XL reserves the right to charge a domain registration fee (in arrears) for any domain name which is registered as a FREE domain with a hosting package that is cancelled (or the domain is transferred) within 6 months of sign up. Such fee(s) will be invoiced exclusively at 2XL’s discretion, and no leniency extended to Clients on previous occasions will in any way prejudice 2XL’s right to enforce this clause. Such fees must be settled before any domain transfer can be effected with the applicable registrar.
  3. 2XL will not tolerate any abuse of their free registration policy. Any such abuse will result in the immediate termination of accounts concerned and Service Agreement, as well as possible further action to recover applicable costs from the Client.
  4. 2XL only offers Free Domain registration for “.co.za” domains with new hosting package signups. Other TLDs or gTLDs are not included in the Free Domain Registration offer. 2XL will register domains as per the clauses above, but will not be responsible for any further costs in relation to the domain, such as Annual Renewal Fees, Redemption fees or any other fees which may become payable in respect of domain ownership. Clients are exclusively responsible for such fees, and 2XL will not enter into any disputes resulting from non-payment. Should such domains be automatically renewed, Clients will be billed for such renewal without exception. Clients not wanting to continue with a specific domain must ensure that cancellation is effected before any such renewal is actioned by 2XL with the registrar concerned.

Domain Transfer

  1. 2XL will transfer existing (registered) domains from existing hosting providers to 2XL’s DNS and web servers. Upon requesting the transfer, and accepting the relevant Service Terms, the Client explicitly agrees that it has the authority to do so, being the registrant of the domain in question, or having been nominated as an agent of the registrant. The Client thereby indemnifies 2XL from any disputes regarding ownership of the domain and any claims as a result thereof.

Cancellation

  1. Cancellation will be dealt with as per the General Terms.
  2. Cancellation, by the Client or 2XL, will result in any data being permanently removed from 2XL’s servers. Clients are solely responsible for ensuring that backups are made of web content and email data, or any other data stored on their hosting space. 2XL will not be liable for loss of data, or be obliged to provide any such data once the hosting contract term has expired. Any backups made by 2XL will be made for legal purposes and not for data retention purposes and will not necessarily be made available to Clients on request.

Payment and Payment Terms

  1. Payment will be dealt with as per the General Terms.
  2. In the case of a website being suspended due to non-payment a reconnection fee will be payable before the website is unsuspended. An additional waiting period of up to 72 hours may be imposed in the case of multiple payment bounces.

Liability for Registration and Use of Domain Names

  1. 2XL 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.
  2. 2XL reserves the right to disclose pertinent information to Registrars for public disclosure as per the Terms and Conditions of the Registrar. 2XL will not be held liable for any claims of infringement of privacy by fulfilling such registration conditions.
  3. This forms a regulatory requirement by the registrar, and there a Service Agreement requirement to the Client.
  4. The Client indemnifies 2XL by warranting that 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.
  5. 2XL cannot act as an arbiter of disputes arising out of the registration and use of Domain Names. At the same time, Clients acknowledge that 2XL may be presented with evidence that a Domain Name registered by a Client violates the rights of a third party. In such instance 2XL shall be allowed to provide a complainant with the Client’s name and address and all further communication will exclude 2XL and 2XL 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 2XL until a court or other body with jurisdiction directs otherwise.

Hosting Services

  1. 2XL reserves the right to suggest suitable alternatives to the Client and / or charge for excessive traffic or system resources as it deems necessary, at its sole discretion. Excessive traffic or use of system resources will be determined as set out in the Acceptable Use Policy.
  2. 2XL reserves the right to move a website between web servers and Internet backbones, both within South Africa and internationally 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.
  3. 2XL reserves the right (but does not assume any obligation) to inspect the contents of data that the Client transmits, receives or stores on an 2XL Server to ensure compliance with this Agreement, 2XL’s AUP, or any applicable laws regulations or codes of practice.
  4. The Client must immediately and adequately respond to a denial of service attack (DOS / DDOS).  If the Client’s facilities are targeted by a DOS attack that affects other network users, the Client’s Service will be suspended.

Backups

  1. Clients are solely responsible for backing up their data and 2XL strongly encourages ALL Hosting Clients to do so as frequently and completely as possible. 2XL will not be liable for any data loss or any other losses or damages related to backups or data recovery without exception. If they Client does not have its own backup service, they may use the back-up facilities withing their cPanel (Control Panel). Backups made this way MUST be downloaded to the Clients own hardware or machine/s.
  2. 2XL may, in some instances or on request, offer a separate backup service in conjunction with dedicated hosting, and will make such backups available to Clients on request as and when they are available. However, 2XL does not warrant or guarantee the availability, completeness or “up to date” status of such backups.
  3. Clients are ultimately responsible for their own data, and 2XL 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.
  4. 2XL 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 2XL by instruction from Clients or by Clients themselves.
  5. 2XL 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.

99% Website Uptime Guarantee

  1. 2XL guarantees that its hosting services will attain 99% availability, subject to the following.
  2. The 99% website uptime guarantee is applicable only if the web server on which a Client’s  web hosting service resides crashes or goes down at an unscheduled time. This guarantee is not valid if there is any network problem between the Client and the web server which prevents the Client from seeing the web server, for instance. If the Client’s ISP’s link to the respective data centre goes down or is faulty, but the web server 2XL hosts is still up, 2XL is not responsible for the Client not being able to reach their website.
  3. 2XL is not responsible if any third party operated network or service experiences problems and outages (i.e. all network infrastructure and links, Client’s internet connection, firewall service managed by external parties). If the applicable web server is up and running at all times then the website will deemed to have achieved 99% uptime.
  4. The 99% uptime guarantee does not apply to any scheduled downtime for maintenance of any of the 2XL web servers. If there is scheduled maintenance to be done the Client will be notified at least 24 hours in advance. The scheduled maintenance will mostly be done after hours (based on Central African Time (CAT)) and the web server downtime will be kept to a minimum.
  5. The 99% uptime guarantee does not apply if 2XL suspends the Client’s Service as allowed in terms of this Agreement.
  6. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services.
  7. Disputes arising out of the Uptime Guarantee must be submitted in writing and claims may not exceed fees paid (either monthly or on a pro-rata basis) to 2XL for services not received during downtime. No direct or indirect losses or damages resulting from downtime may be claimed. Service Level commitments will also be taken into account when reviewing disputes. Where agreed provisions have been met, such disputes will be dismissed.
  8. The Services provide access to the internet, which is subject to bandwidth constraints, system failures and all manner of other factors that may impact on the Client’s access, for which 2XL accepts no responsibility.

Use at Client’s Risk

  1. 2XL will exercise no control whatsoever over the content of the material hosted on, or the information passing through the 2XL network and in no way moderates such content.
  2. Clients expressly agree that use of 2XL’s Server(s) and Services are at the Client’s sole risk.

Spam/Virus Filtering

  1. 2XL provides a spam and virus filtering system to protect Clients from unsolicited mail and viruses. The Client acknowledges that this system might incorrectly identify a valid message as spam or as a virus and consequently this message might not be delivered to the Client. The Client acknowledges and agrees that 2XL shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.
  2. 2XL reserves the right to examine incoming or outgoing mail to the extent necessary to determine if it is classified as spam or malicious.

Webmail

  1. Webmail and other web-based email services made available by 2XL are provided on an “as is” basis without representations, warranties or conditions of any kind, and the Client acknowledges and agrees that 2XL shall have no responsibility for, or liability in respect of, any aspect of the webmail services, including without limitation for any lost or damaged data or any acts or omissions of 2XL. As webmail storage space is limited, some webmail messages may not be processed due to space constraints or message limitations.

Limitation on Mail Size

  1. Individual mail sent to the Client’s POP3/IMAP box or forwarded to the Client’s existing email address may be limited to 10000kB in size each. Unless prior arrangements have been made via email.
  2. If email is stored on the server and subsequently builds up to such a degree as to exceed the allowed hosting space limit, the Client’s hosting account will be automatically upgraded to allow more disk space in chucks of 1 Gigabyte at a time. This will incur a cost of R10 per additional Gigabyte/per month.
  3. Upgrades on disk space that occur during a random date in a month, will still be charged the full rate at that month end.

Disk Quota Automatic Inrease

  1. Accounts that reach 90% or more of their allocated disk quota will be automatically recieve a 1 gigabyte (1000 megabyte) increase in disk space. Account holders will be notified via email before and after the increase takes place.
  2. Disk quota increase are charged at R10.00 per gigabyte, per month.

Takedown Notice Procedure

  1. In terms of section 75 of the Electronic Communications and Transactions Act (“the ECT Act”) the Internet Service Providers’ Association (ISPA) can instruct 2XL to perform a site takedown upon receipt of notification of infringements as defined in Section 77 of the Act.Any enquiries can be directed to ISPA at:
    Postal address: PO Box 518, Noordwyk, 1687, Midrand
    Tel: 010 500 1200
    E-mail: takedown@ispa.org.zaShould 2XL receive a takedown notice from ISPA, 2XL will endeavour to:
    1. Notify the Client in good time of the takedown notice.
    2. Allow the Client reasonable time to remove the disputed, illegal or infringing content.
    3. Takedown any sites or services which are included in the ISPA takedown notice.

Retention of Rights

  1. 2XL makes no claim to the intellectual property (such as data) of Clients hosted on their servers. However, all equipment remains the property of 2XL and retention of data does not directly or indirectly give ownership of 2XL hardware to Clients.
  2. Website’s designed as part of the free website packages will remain the intellectual property of 2XL. If the Client decides to use another service provider, they may purchase the design at an agreed price.

IP Addresses

  1. 2XL will issue unique IP addresses to Clients, either as part of the standard product, or upon request (subject to applicable fees). IP addresses will be assigned to Clients at 2XL’s discretion and on a first come first serve basis.

Software Updates

  1. 2XL will be responsible for updates to Operating Systems and Shared Libraries on Shared Hosting Servers.
  2. 2XL will not be responsible for updating website software unless it is part of a service agreement.

Disclaimers, Limitations and Indemnities

  1. 2XL 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 2XL IN RESPONSE TO THE ABUSE OF THE DOMAIN REGISTRATION SERVICES WHICH IT OFFERS.
  2. The Client hereby indemnifies and holds harmless 2XL 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 2XL has been advised of the possibility of such damages;
  3. 2XL 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.
  4. Neither 2XL, its affiliates, agents, third party information providers, merchants, licensers or the like, warrant that 2XL’s Server 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 Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the 2XL Server service, unless otherwise expressly stated in this Agreement.
  5. 2XL expressly limits its liability to the Client for damages suffered due to any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. 2XL specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
  6. 2XL is not responsible if an external company network and firewall is setup to block access to services 2XL provides. If a Client’s network is setup to block certain ports or web addresses that compromise the services 2XL provides it is the Client’s responsibility to ensure that their network configurations are changed as necessary.
  7. Clients also hereby indemnify 2XL against any 3rd party claims against themselves as resellers or services provided to the public or privately. Clients will be solely liable to external parties for losses and may, in no way, petition 2XL to share or cover such losses or liability, either directly or indirectly. 2XL is also indemnified from direct claims from Clients for losses incurred due to 3rd party actions or claims.